Public Act 099-0642
 
HB5540 EnrolledLRB099 16003 AMC 40320 b

    AN ACT to revise the law by combining multiple enactments
and making technical corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Nature of this Act.
    (a) This Act may be cited as the First 2016 General
Revisory Act.
    (b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
    This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
    (c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
    (d) Public Acts 98-1174 through 99-492 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.36 as follows:
 
    (5 ILCS 80/4.36)
    Sec. 4.36. Acts Act repealed on January 1, 2026. The
following Acts are Act is repealed on January 1, 2026:
    The Barber, Cosmetology, Esthetics, Hair Braiding, and
Nail Technology Act of 1985.
    The Collection Agency Act.
    The Hearing Instrument Consumer Protection Act.
    The Illinois Athletic Trainers Practice Act.
    The Illinois Dental Practice Act.
    The Illinois Roofing Industry Licensing Act.
    The Illinois Physical Therapy Act.
    The Professional Geologist Licensing Act.
    The Respiratory Care Practice Act.
(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
12-31-15; revised 12-29-15.)
 
    (5 ILCS 80/4.26 rep.)
    Section 7. The Regulatory Sunset Act is amended by
repealing Section 4.26.
 
    Section 10. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
 
    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
    Sec. 5-45. Emergency rulemaking.
    (a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
    (b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
    (c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
    (c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
    (d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
    (e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
this amendatory Act of the 91st General Assembly or any other
budget initiative for fiscal year 2000 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (e). The adoption of emergency
rules authorized by this subsection (e) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
this amendatory Act of the 91st General Assembly or any other
budget initiative for fiscal year 2001 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (f). The adoption of emergency
rules authorized by this subsection (f) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
this amendatory Act of the 92nd General Assembly or any other
budget initiative for fiscal year 2002 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (g). The adoption of emergency
rules authorized by this subsection (g) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
this amendatory Act of the 92nd General Assembly or any other
budget initiative for fiscal year 2003 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (h). The adoption of emergency
rules authorized by this subsection (h) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
this amendatory Act of the 93rd General Assembly or any other
budget initiative for fiscal year 2004 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (i). The adoption of emergency
rules authorized by this subsection (i) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 this amendatory Act of the 94th General
Assembly or any other budget initiative for fiscal year 2006
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (k). The
Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
    (l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 this amendatory Act of the 96th General
Assembly or any other budget initiative authorized by the 96th
General Assembly for fiscal year 2010 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
    (o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 this amendatory Act of the 96th General
Assembly or any other budget initiative authorized by the 96th
General Assembly for fiscal year 2011 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after the effective date of
Public Act 96-958 this amendatory Act of the 96th General
Assembly through June 30, 2011.
    (p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
    (q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104 this amendatory Act of the 98th General
Assembly, emergency rules to implement any provision of
Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
amendatory Act of the 98th General Assembly may be adopted in
accordance with this subsection (q) by the agency charged with
administering that provision or initiative. The 24-month
limitation on the adoption of emergency rules does not apply to
rules adopted under this subsection (q). The adoption of
emergency rules authorized by this subsection (q) is deemed to
be necessary for the public interest, safety, and welfare.
    (r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651 this
amendatory Act of the 98th General Assembly, emergency rules to
implement Public Act 98-651 this amendatory Act of the 98th
General Assembly may be adopted in accordance with this
subsection (r) by the Department of Healthcare and Family
Services. The 24-month limitation on the adoption of emergency
rules does not apply to rules adopted under this subsection
(r). The adoption of emergency rules authorized by this
subsection (r) is deemed to be necessary for the public
interest, safety, and welfare.
    (s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
    (t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6 this amendatory Act of the 99th General Assembly,
emergency rules to implement the changes made by Article II of
Public Act 99-6 this amendatory Act of the 99th General
Assembly to the Emergency Telephone System Act may be adopted
in accordance with this subsection (t) by the Department of
State Police. The rulemaking authority granted in this
subsection (t) shall apply only to those rules adopted prior to
July 1, 2016. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
    (u) (t) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) (t) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) (t) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) (t) is deemed to be necessary
for the public interest, safety, and welfare.
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
99-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
 
    Section 15. The Open Meetings Act is amended by changing
Section 2 as follows:
 
    (5 ILCS 120/2)  (from Ch. 102, par. 42)
    Sec. 2. Open meetings.
    (a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
    (b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
    (c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
        (1) The appointment, employment, compensation,
    discipline, performance, or dismissal of specific
    employees of the public body or legal counsel for the
    public body, including hearing testimony on a complaint
    lodged against an employee of the public body or against
    legal counsel for the public body to determine its
    validity.
        (2) Collective negotiating matters between the public
    body and its employees or their representatives, or
    deliberations concerning salary schedules for one or more
    classes of employees.
        (3) The selection of a person to fill a public office,
    as defined in this Act, including a vacancy in a public
    office, when the public body is given power to appoint
    under law or ordinance, or the discipline, performance or
    removal of the occupant of a public office, when the public
    body is given power to remove the occupant under law or
    ordinance.
        (4) Evidence or testimony presented in open hearing, or
    in closed hearing where specifically authorized by law, to
    a quasi-adjudicative body, as defined in this Act, provided
    that the body prepares and makes available for public
    inspection a written decision setting forth its
    determinative reasoning.
        (5) The purchase or lease of real property for the use
    of the public body, including meetings held for the purpose
    of discussing whether a particular parcel should be
    acquired.
        (6) The setting of a price for sale or lease of
    property owned by the public body.
        (7) The sale or purchase of securities, investments, or
    investment contracts. This exception shall not apply to the
    investment of assets or income of funds deposited into the
    Illinois Prepaid Tuition Trust Fund.
        (8) Security procedures, school building safety and
    security, and the use of personnel and equipment to respond
    to an actual, a threatened, or a reasonably potential
    danger to the safety of employees, students, staff, the
    public, or public property.
        (9) Student disciplinary cases.
        (10) The placement of individual students in special
    education programs and other matters relating to
    individual students.
        (11) Litigation, when an action against, affecting or
    on behalf of the particular public body has been filed and
    is pending before a court or administrative tribunal, or
    when the public body finds that an action is probable or
    imminent, in which case the basis for the finding shall be
    recorded and entered into the minutes of the closed
    meeting.
        (12) The establishment of reserves or settlement of
    claims as provided in the Local Governmental and
    Governmental Employees Tort Immunity Act, if otherwise the
    disposition of a claim or potential claim might be
    prejudiced, or the review or discussion of claims, loss or
    risk management information, records, data, advice or
    communications from or with respect to any insurer of the
    public body or any intergovernmental risk management
    association or self insurance pool of which the public body
    is a member.
        (13) Conciliation of complaints of discrimination in
    the sale or rental of housing, when closed meetings are
    authorized by the law or ordinance prescribing fair housing
    practices and creating a commission or administrative
    agency for their enforcement.
        (14) Informant sources, the hiring or assignment of
    undercover personnel or equipment, or ongoing, prior or
    future criminal investigations, when discussed by a public
    body with criminal investigatory responsibilities.
        (15) Professional ethics or performance when
    considered by an advisory body appointed to advise a
    licensing or regulatory agency on matters germane to the
    advisory body's field of competence.
        (16) Self evaluation, practices and procedures or
    professional ethics, when meeting with a representative of
    a statewide association of which the public body is a
    member.
        (17) The recruitment, credentialing, discipline or
    formal peer review of physicians or other health care
    professionals for a hospital, or other institution
    providing medical care, that is operated by the public
    body.
        (18) Deliberations for decisions of the Prisoner
    Review Board.
        (19) Review or discussion of applications received
    under the Experimental Organ Transplantation Procedures
    Act.
        (20) The classification and discussion of matters
    classified as confidential or continued confidential by
    the State Government Suggestion Award Board.
        (21) Discussion of minutes of meetings lawfully closed
    under this Act, whether for purposes of approval by the
    body of the minutes or semi-annual review of the minutes as
    mandated by Section 2.06.
        (22) Deliberations for decisions of the State
    Emergency Medical Services Disciplinary Review Board.
        (23) The operation by a municipality of a municipal
    utility or the operation of a municipal power agency or
    municipal natural gas agency when the discussion involves
    (i) contracts relating to the purchase, sale, or delivery
    of electricity or natural gas or (ii) the results or
    conclusions of load forecast studies.
        (24) Meetings of a residential health care facility
    resident sexual assault and death review team or the
    Executive Council under the Abuse Prevention Review Team
    Act.
        (25) Meetings of an independent team of experts under
    Brian's Law.
        (26) Meetings of a mortality review team appointed
    under the Department of Juvenile Justice Mortality Review
    Team Act.
        (27) (Blank).
        (28) Correspondence and records (i) that may not be
    disclosed under Section 11-9 of the Public Aid Code or (ii)
    that pertain to appeals under Section 11-8 of the Public
    Aid Code.
        (29) Meetings between internal or external auditors
    and governmental audit committees, finance committees, and
    their equivalents, when the discussion involves internal
    control weaknesses, identification of potential fraud risk
    areas, known or suspected frauds, and fraud interviews
    conducted in accordance with generally accepted auditing
    standards of the United States of America.
        (30) Those meetings or portions of meetings of a
    fatality review team or the Illinois Fatality Review Team
    Advisory Council during which a review of the death of an
    eligible adult in which abuse or neglect is suspected,
    alleged, or substantiated is conducted pursuant to Section
    15 of the Adult Protective Services Act.
        (31) Meetings and deliberations for decisions of the
    Concealed Carry Licensing Review Board under the Firearm
    Concealed Carry Act.
        (32) Meetings between the Regional Transportation
    Authority Board and its Service Boards when the discussion
    involves review by the Regional Transportation Authority
    Board of employment contracts under Section 28d of the
    Metropolitan Transit Authority Act and Sections 3A.18 and
    3B.26 of the Regional Transportation Authority Act.
        (33) Those meetings meeting or portions of meetings of
    the advisory committee and peer review subcommittee
    created under Section 320 of the Illinois Controlled
    Substances Act during which specific controlled substance
    prescriber, dispenser, or patient information is
    discussed.
    (d) Definitions. For purposes of this Section:
    "Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
    "Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
    "Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
    (e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
revised 10-14-15.)
 
    Section 20. The Freedom of Information Act is amended by
changing Sections 7, 7.5, and 11 as follows:
 
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    Sec. 7. Exemptions.
    (1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and regulations
    implementing federal or State law.
        (b) Private information, unless disclosure is required
    by another provision of this Act, a State or federal law or
    a court order.
        (b-5) Files, documents, and other data or databases
    maintained by one or more law enforcement agencies and
    specifically designed to provide information to one or more
    law enforcement agencies regarding the physical or mental
    status of one or more individual subjects.
        (c) Personal information contained within public
    records, the disclosure of which would constitute a clearly
    unwarranted invasion of personal privacy, unless the
    disclosure is consented to in writing by the individual
    subjects of the information. "Unwarranted invasion of
    personal privacy" means the disclosure of information that
    is highly personal or objectionable to a reasonable person
    and in which the subject's right to privacy outweighs any
    legitimate public interest in obtaining the information.
    The disclosure of information that bears on the public
    duties of public employees and officials shall not be
    considered an invasion of personal privacy.
        (d) Records in the possession of any public body
    created in the course of administrative enforcement
    proceedings, and any law enforcement or correctional
    agency for law enforcement purposes, but only to the extent
    that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
        agency that is the recipient of the request;
            (ii) interfere with active administrative
        enforcement proceedings conducted by the public body
        that is the recipient of the request;
            (iii) create a substantial likelihood that a
        person will be deprived of a fair trial or an impartial
        hearing;
            (iv) unavoidably disclose the identity of a
        confidential source, confidential information
        furnished only by the confidential source, or persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement, or
        penal agencies; except that the identities of
        witnesses to traffic accidents, traffic accident
        reports, and rescue reports shall be provided by
        agencies of local government, except when disclosure
        would interfere with an active criminal investigation
        conducted by the agency that is the recipient of the
        request;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known or
        disclose internal documents of correctional agencies
        related to detection, observation or investigation of
        incidents of crime or misconduct, and disclosure would
        result in demonstrable harm to the agency or public
        body that is the recipient of the request;
            (vi) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (vii) obstruct an ongoing criminal investigation
        by the agency that is the recipient of the request.
        (d-5) A law enforcement record created for law
    enforcement purposes and contained in a shared electronic
    record management system if the law enforcement agency that
    is the recipient of the request did not create the record,
    did not participate in or have a role in any of the events
    which are the subject of the record, and only has access to
    the record through the shared electronic record management
    system.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (e-5) Records requested by persons committed to the
    Department of Corrections if those materials are available
    in the library of the correctional facility where the
    inmate is confined.
        (e-6) Records requested by persons committed to the
    Department of Corrections if those materials include
    records from staff members' personnel files, staff
    rosters, or other staffing assignment information.
        (e-7) Records requested by persons committed to the
    Department of Corrections if those materials are available
    through an administrative request to the Department of
    Corrections.
        (f) Preliminary drafts, notes, recommendations,
    memoranda and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those records
    of officers and agencies of the General Assembly that
    pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or commercial or financial information are
    furnished under a claim that they are proprietary,
    privileged or confidential, and that disclosure of the
    trade secrets or commercial or financial information would
    cause competitive harm to the person or business, and only
    insofar as the claim directly applies to the records
    requested.
        The information included under this exemption includes
    all trade secrets and commercial or financial information
    obtained by a public body, including a public pension fund,
    from a private equity fund or a privately held company
    within the investment portfolio of a private equity fund as
    a result of either investing or evaluating a potential
    investment of public funds in a private equity fund. The
    exemption contained in this item does not apply to the
    aggregate financial performance information of a private
    equity fund, nor to the identity of the fund's managers or
    general partners. The exemption contained in this item does
    not apply to the identity of a privately held company
    within the investment portfolio of a private equity fund,
    unless the disclosure of the identity of a privately held
    company may cause competitive harm.
        Nothing contained in this paragraph (g) shall be
    construed to prevent a person or business from consenting
    to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced by
    any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by news
    media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) The following information pertaining to
    educational matters:
            (i) test questions, scoring keys and other
        examination data used to administer an academic
        examination;
            (ii) information received by a primary or
        secondary school, college, or university under its
        procedures for the evaluation of faculty members by
        their academic peers;
            (iii) information concerning a school or
        university's adjudication of student disciplinary
        cases, but only to the extent that disclosure would
        unavoidably reveal the identity of the student; and
            (iv) course materials or research materials used
        by faculty members.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds,
    including but not limited to power generating and
    distribution stations and other transmission and
    distribution facilities, water treatment facilities,
    airport facilities, sport stadiums, convention centers,
    and all government owned, operated, or occupied buildings,
    but only to the extent that disclosure would compromise
    security.
        (l) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public under
    Section 2.06 of the Open Meetings Act.
        (m) Communications between a public body and an
    attorney or auditor representing the public body that would
    not be subject to discovery in litigation, and materials
    prepared or compiled by or for a public body in
    anticipation of a criminal, civil or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (n) Records relating to a public body's adjudication of
    employee grievances or disciplinary cases; however, this
    exemption shall not extend to the final outcome of cases in
    which discipline is imposed.
        (o) Administrative or technical information associated
    with automated data processing operations, including but
    not limited to software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (p) Records relating to collective negotiating matters
    between public bodies and their employees or
    representatives, except that any final contract or
    agreement shall be subject to inspection and copying.
        (q) Test questions, scoring keys, and other
    examination data used to determine the qualifications of an
    applicant for a license or employment.
        (r) The records, documents, and information relating
    to real estate purchase negotiations until those
    negotiations have been completed or otherwise terminated.
    With regard to a parcel involved in a pending or actually
    and reasonably contemplated eminent domain proceeding
    under the Eminent Domain Act, records, documents and
    information relating to that parcel shall be exempt except
    as may be allowed under discovery rules adopted by the
    Illinois Supreme Court. The records, documents and
    information relating to a real estate sale shall be exempt
    until a sale is consummated.
        (s) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
    Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (t) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
        (u) Information that would disclose or might lead to
    the disclosure of secret or confidential information,
    codes, algorithms, programs, or private keys intended to be
    used to create electronic or digital signatures under the
    Electronic Commerce Security Act.
        (v) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a community's
    population or systems, facilities, or installations, the
    destruction or contamination of which would constitute a
    clear and present danger to the health or safety of the
    community, but only to the extent that disclosure could
    reasonably be expected to jeopardize the effectiveness of
    the measures or the safety of the personnel who implement
    them or the public. Information exempt under this item may
    include such things as details pertaining to the
    mobilization or deployment of personnel or equipment, to
    the operation of communication systems or protocols, or to
    tactical operations.
        (w) (Blank).
        (x) Maps and other records regarding the location or
    security of generation, transmission, distribution,
    storage, gathering, treatment, or switching facilities
    owned by a utility, by a power generator, or by the
    Illinois Power Agency.
        (y) Information contained in or related to proposals,
    bids, or negotiations related to electric power
    procurement under Section 1-75 of the Illinois Power Agency
    Act and Section 16-111.5 of the Public Utilities Act that
    is determined to be confidential and proprietary by the
    Illinois Power Agency or by the Illinois Commerce
    Commission.
        (z) Information about students exempted from
    disclosure under Sections 10-20.38 or 34-18.29 of the
    School Code, and information about undergraduate students
    enrolled at an institution of higher education exempted
    from disclosure under Section 25 of the Illinois Credit
    Card Marketing Act of 2009.
        (aa) Information the disclosure of which is exempted
    under the Viatical Settlements Act of 2009.
        (bb) Records and information provided to a mortality
    review team and records maintained by a mortality review
    team appointed under the Department of Juvenile Justice
    Mortality Review Team Act.
        (cc) Information regarding interments, entombments, or
    inurnments of human remains that are submitted to the
    Cemetery Oversight Database under the Cemetery Care Act or
    the Cemetery Oversight Act, whichever is applicable.
        (dd) Correspondence and records (i) that may not be
    disclosed under Section 11-9 of the Public Aid Code or (ii)
    that pertain to appeals under Section 11-8 of the Public
    Aid Code.
        (ee) The names, addresses, or other personal
    information of persons who are minors and are also
    participants and registrants in programs of park
    districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations.
        (ff) The names, addresses, or other personal
    information of participants and registrants in programs of
    park districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations where such programs are targeted primarily to
    minors.
        (gg) Confidential information described in Section
    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
        (hh) The report submitted to the State Board of
    Education by the School Security and Standards Task Force
    under item (8) of subsection (d) of Section 2-3.160 of the
    School Code and any information contained in that report.
        (ii) Records requested by persons committed to or
    detained by the Department of Human Services under the
    Sexually Violent Persons Commitment Act or committed to the
    Department of Corrections under the Sexually Dangerous
    Persons Act if those materials: (i) are available in the
    library of the facility where the individual is confined;
    (ii) include records from staff members' personnel files,
    staff rosters, or other staffing assignment information;
    or (iii) are available through an administrative request to
    the Department of Human Services or the Department of
    Corrections.
        (jj) (ii) Confidential information described in
    Section 5-535 of the Civil Administrative Code of Illinois.
    (1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
    (2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
    (3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
revised 1-11-16.)
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by wireless
    carriers under the Wireless Emergency Telephone Safety
    Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability and Portability Act of 1996, Public Law
    104-191, or any subsequent amendments thereto, and any
    regulations promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under Brian's Law.
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) (bb) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
revised 10-14-15.)
 
    (5 ILCS 140/11)  (from Ch. 116, par. 211)
    Sec. 11. (a) Any person denied access to inspect or copy
any public record by a public body may file suit for injunctive
or declaratory relief.
    (b) Where the denial is from a public body of the State,
suit may be filed in the circuit court for the county where the
public body has its principal office or where the person denied
access resides.
    (c) Where the denial is from a municipality or other public
body, except as provided in subsection (b) of this Section,
suit may be filed in the circuit court for the county where the
public body is located.
    (d) The circuit court shall have the jurisdiction to enjoin
the public body from withholding public records and to order
the production of any public records improperly withheld from
the person seeking access. If the public body can show that
exceptional circumstances exist, and that the body is
exercising due diligence in responding to the request, the
court may retain jurisdiction and allow the agency additional
time to complete its review of the records.
    (e) On motion of the plaintiff, prior to or after in camera
inspection, the court shall order the public body to provide an
index of the records to which access has been denied. The index
shall include the following:
        (i) A description of the nature or contents of each
    document withheld, or each deletion from a released
    document, provided, however, that the public body shall not
    be required to disclose the information which it asserts is
    exempt; and
        (ii) A statement of the exemption or exemptions claimed
    for each such deletion or withheld document.
    (f) In any action considered by the court, the court shall
consider the matter de novo, and shall conduct such in camera
examination of the requested records as it finds appropriate to
determine if such records or any part thereof may be withheld
under any provision of this Act. The burden shall be on the
public body to establish that its refusal to permit public
inspection or copying is in accordance with the provisions of
this Act. Any public body that asserts that a record is exempt
from disclosure has the burden of proving that it is exempt by
clear and convincing evidence.
    (g) In the event of noncompliance with an order of the
court to disclose, the court may enforce its order against any
public official or employee so ordered or primarily responsible
for such noncompliance through the court's contempt powers.
    (h) Except as to causes the court considers to be of
greater importance, proceedings arising under this Section
shall take precedence on the docket over all other causes and
be assigned for hearing and trial at the earliest practicable
date and expedited in every way.
    (i) If a person seeking the right to inspect or receive a
copy of a public record prevails in a proceeding under this
Section, the court shall award such person reasonable
attorney's attorneys' fees and costs. In determining what
amount of attorney's fees is reasonable, the court shall
consider the degree to which the relief obtained relates to the
relief sought. The changes contained in this subsection apply
to an action filed on or after January 1, 2010 (the effective
date of Public Act 96-542) this amendatory Act of the 96th
General Assembly.
    (j) If the court determines that a public body willfully
and intentionally failed to comply with this Act, or otherwise
acted in bad faith, the court shall also impose upon the public
body a civil penalty of not less than $2,500 nor more than
$5,000 for each occurrence. In assessing the civil penalty, the
court shall consider in aggravation or mitigation the budget of
the public body and whether the public body has previously been
assessed penalties for violations of this Act. The changes
contained in this subsection apply to an action filed on or
after January 1, 2010 (the effective date of Public Act 96-542)
this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;
revised 10-14-15.)
 
    Section 25. The State Records Act is amended by changing
Section 9 as follows:
 
    (5 ILCS 160/9)  (from Ch. 116, par. 43.12)
    Sec. 9. The head of each agency shall establish, and
maintain an active, continuing program for the economical and
efficient management of the records of the agency.
    Such program:
        (1) shall provide for effective controls over the
    creation, maintenance, and use of records in the conduct of
    current business and shall ensure that agency electronic
    records, as specified in Section 5-135 of the Electronic
    Commerce Security Act, are retained in a trustworthy manner
    so that the records, and the information contained in the
    records, are accessible and usable for reference for the
    duration of the retention period; all computer tape or disk
    maintenance and preservation procedures must be fully
    applied and, if equipment or programs providing access to
    the records are updated or replaced, the existing data must
    remain accessible in the successor format for the duration
    of the approved retention period;
        (2) shall provide for cooperation with the Secretary in
    appointing a records officer and in applying standards,
    procedures, and techniques to improve the management of
    records, promote the maintenance and security of records
    deemed appropriate for preservation, and facilitate the
    segregation and disposal of records of temporary value; and
        (3) shall provide for compliance with the provisions of
    this Act and the rules and regulations issued thereunder.
    If an agency has delegated its authority to retain records
to another agency, then the delegate agency shall maintain the
same, or a more diligent, record retention methodology and
record retention period as the original agency's program. If
the delegate is from the legislative or judicial branch, then
the delegate may use the same record retention methodology and
record retention period that the delegate uses for similar
records.
(Source: P.A. 97-932, eff. 8-10-12; revised 10-13-15.)
 
    Section 30. The Filing of Copies Act is amended by changing
Section 2 as follows:
 
    (5 ILCS 165/2)  (from Ch. 116, par. 102)
    Sec. 2. In order to be acceptable for filing, reproduced
copies shall conform to the following standards:
        (a) be Be facsimiles of the official form, produced by
    photo-offset, photoengraving, photocopying, or other
    similar reproduction process;
        (b) be Be on paper of substantially the same weight and
    texture and of a quality at least as good as that used in
    the official form;
        (c) substantially Substantially duplicate the colors
    of the official form;
        (d) have Have a high degree of legibility, both as to
    the original form and as to matter filled in; the . The
    agency with which a report is required to be filed may
    reject any illegible reproduction and reject any process
    which fails to meet this standard;
        (e) be Be on paper perforated in the same manner as the
    official form; and
        (f) be Be of the same size as the official form, both
    as to the dimensions of the paper and the image produced.
(Source: Laws 1961, p. 2551; revised 10-13-15.)
 
    Section 35. The Intergovernmental Cooperation Act is
amended by changing Section 3.5 as follows:
 
    (5 ILCS 220/3.5)  (from Ch. 127, par. 743.5)
    Sec. 3.5. Any expenditure of funds by a public agency
organized pursuant to an intergovernmental agreement in
accordance with the provisions of this Act and consisting of 5
public agencies or less, except for an intergovernmental risk
management association, self-insurance pool or
self-administered health and accident cooperative or pool,
shall be in accordance with the Illinois Purchasing Act if the
State is a party to the agreement, and shall be in accordance
with any law or ordinance applicable to the public agency with
the largest population which is a party to the agreement if the
State is not a party to the agreement. If the State is not a
party to the agreement and there is no such applicable law or
ordinance, all purchases shall be subject to the provisions of
the Governmental Joint Purchasing Act "An Act authorizing
certain governmental units to purchase personal property,
supplies and services jointly", approved August 15, 1961, as
amended. Such self-insurance or insurance pools may enter into
reinsurance agreements for the protection of their members.
(Source: P.A. 84-1431; revised 10-13-15.)
 
    Section 40. The Election Code is amended by changing
Sections 10-10, 11-6, and 19-12.1 as follows:
 
    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
    Sec. 10-10. Within 24 hours after the receipt of the
certificate of nomination or nomination papers or proposed
question of public policy, as the case may be, and the
objector's petition, the chairman of the electoral board other
than the State Board of Elections shall send a call by
registered or certified mail to each of the members of the
electoral board, and to the objector who filed the objector's
petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the
principal proponent or attorney for proponents of a question of
public policy, as the case may be, whose petitions are objected
to, and shall also cause the sheriff of the county or counties
in which such officers and persons reside to serve a copy of
such call upon each of such officers and persons, which call
shall set out the fact that the electoral board is required to
meet to hear and pass upon the objections to nominations made
for the office, designating it, and shall state the day, hour
and place at which the electoral board shall meet for the
purpose, which place shall be in the county court house in the
county in the case of the County Officers Electoral Board, the
Municipal Officers Electoral Board, the Township Officers
Electoral Board or the Education Officers Electoral Board,
except that the Municipal Officers Electoral Board, the
Township Officers Electoral Board, and the Education Officers
Electoral Board may meet at the location where the governing
body of the municipality, township, or community college
district, respectively, holds its regularly scheduled
meetings, if that location is available; provided that voter
records may be removed from the offices of an election
authority only at the discretion and under the supervision of
the election authority. In those cases where the State Board of
Elections is the electoral board designated under Section 10-9,
the chairman of the State Board of Elections shall, within 24
hours after the receipt of the certificate of nomination or
nomination papers or petitions for a proposed amendment to
Article IV of the Constitution or proposed statewide question
of public policy, send a call by registered or certified mail
to the objector who files the objector's petition, and either
to the candidate whose certificate of nomination or nomination
papers are objected to or to the principal proponent or
attorney for proponents of the proposed Constitutional
amendment or statewide question of public policy and shall
state the day, hour, and place at which the electoral board
shall meet for the purpose, which place may be in the Capitol
Building or in the principal or permanent branch office of the
State Board. The day of the meeting shall not be less than 3
nor more than 5 days after the receipt of the certificate of
nomination or nomination papers and the objector's petition by
the chairman of the electoral board.
    The electoral board shall have the power to administer
oaths and to subpoena and examine witnesses and, at the request
of either party and only upon a vote by a majority of its
members, may authorize the chairman to issue subpoenas
requiring the attendance of witnesses and subpoenas duces tecum
requiring the production of such books, papers, records and
documents as may be evidence of any matter under inquiry before
the electoral board, in the same manner as witnesses are
subpoenaed in the Circuit Court.
    Service of such subpoenas shall be made by any sheriff or
other person in the same manner as in cases in such court and
the fees of such sheriff shall be the same as is provided by
law, and shall be paid by the objector or candidate who causes
the issuance of the subpoena. In case any person so served
shall knowingly neglect or refuse to obey any such subpoena, or
to testify, the electoral board shall at once file a petition
in the circuit court of the county in which such hearing is to
be heard, or has been attempted to be heard, setting forth the
facts, of such knowing refusal or neglect, and accompanying the
petition with a copy of the citation and the answer, if one has
been filed, together with a copy of the subpoena and the return
of service thereon, and shall apply for an order of court
requiring such person to attend and testify, and forthwith
produce books and papers, before the electoral board. Any
circuit court of the state, excluding the judge who is sitting
on the electoral board, upon such showing shall order such
person to appear and testify, and to forthwith produce such
books and papers, before the electoral board at a place to be
fixed by the court. If such person shall knowingly fail or
refuse to obey such order of the court without lawful excuse,
the court shall punish him or her by fine and imprisonment, as
the nature of the case may require and may be lawful in cases
of contempt of court.
    The electoral board on the first day of its meeting shall
adopt rules of procedure for the introduction of evidence and
the presentation of arguments and may, in its discretion,
provide for the filing of briefs by the parties to the
objection or by other interested persons.
    In the event of a State Electoral Board hearing on
objections to a petition for an amendment to Article IV of the
Constitution pursuant to Section 3 of Article XIV of the
Constitution, or to a petition for a question of public policy
to be submitted to the voters of the entire State, the
certificates of the county clerks and boards of election
commissioners showing the results of the random sample of
signatures on the petition shall be prima facie valid and
accurate, and shall be presumed to establish the number of
valid and invalid signatures on the petition sheets reviewed in
the random sample, as prescribed in Section 28-11 and 28-12 of
this Code. Either party, however, may introduce evidence at
such hearing to dispute the findings as to particular
signatures. In addition to the foregoing, in the absence of
competent evidence presented at such hearing by a party
substantially challenging the results of a random sample, or
showing a different result obtained by an additional sample,
this certificate of a county clerk or board of election
commissioners shall be presumed to establish the ratio of valid
to invalid signatures within the particular election
jurisdiction.
    The electoral board shall take up the question as to
whether or not the certificate of nomination or nomination
papers or petitions are in proper form, and whether or not they
were filed within the time and under the conditions required by
law, and whether or not they are the genuine certificate of
nomination or nomination papers or petitions which they purport
to be, and whether or not in the case of the certificate of
nomination in question it represents accurately the decision of
the caucus or convention issuing it, and in general shall
decide whether or not the certificate of nomination or
nominating papers or petitions on file are valid or whether the
objections thereto should be sustained and the decision of a
majority of the electoral board shall be final subject to
judicial review as provided in Section 10-10.1. The electoral
board must state its findings in writing and must state in
writing which objections, if any, it has sustained. A copy of
the decision shall be served upon the parties to the
proceedings in open proceedings before the electoral board. If
a party does not appear for receipt of the decision, the
decision shall be deemed to have been served on the absent
party on the date when a copy of the decision is personally
delivered or on the date when a copy of the decision is
deposited in the United Unites States mail, in a sealed
envelope or package, with postage prepaid, addressed to each
party affected by the decision or to such party's attorney of
record, if any, at the address on record for such person in the
files of the electoral board.
    Upon the expiration of the period within which a proceeding
for judicial review must be commenced under Section 10-10.1,
the electoral board shall, unless a proceeding for judicial
review has been commenced within such period, transmit, by
registered or certified mail, a certified copy of its ruling,
together with the original certificate of nomination or
nomination papers or petitions and the original objector's
petition, to the officer or board with whom the certificate of
nomination or nomination papers or petitions, as objected to,
were on file, and such officer or board shall abide by and
comply with the ruling so made to all intents and purposes.
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78,
eff. 7-20-15; revised 10-14-15.)
 
    (10 ILCS 5/11-6)  (from Ch. 46, par. 11-6)
    Sec. 11-6. Within 60 days after July 1, 2014 (the effective
date of Public Act 98-691) this amendatory Act of the 98th
General Assembly, each election authority shall transmit to the
principal office of the State Board of Elections and publish on
any website maintained by the election authority maps in
electronic portable document format (PDF) (.PDF) showing the
current boundaries of all the precincts within its
jurisdiction. Whenever election precincts in an election
jurisdiction have been redivided or readjusted, the county
board or board of election commissioners shall prepare maps in
electronic portable document format (PDF) (.PDF) showing such
election precinct boundaries no later than 90 days before the
next scheduled election. The maps shall show the boundaries of
all political subdivisions and districts. The county board or
board of election commissioners shall immediately forward
copies thereof to the chairman of each county central committee
in the county, to each township, ward, or precinct
committeeman, and each local election official whose political
subdivision is wholly or partly in the county and, upon
request, shall furnish copies thereof to each candidate for
political or public office in the county and shall transmit
copies thereof to the principal office of the State Board of
Elections and publish copies thereof on any website maintained
by the election authority.
(Source: P.A. 98-691, eff. 7-1-14; revised 10-14-15.)
 
    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
    Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act and has a condition or disability of such a
nature as to make it improbable that he will be able to be
present at the polls at any future election, may secure a
voter's identification card for persons with disabilities or a
nursing home resident's identification card, which will enable
him to vote under this Article as a physically incapacitated or
nursing home voter. For the purposes of this Section,
"federally operated veterans' home, hospital, or facility"
means the long-term care facilities at the Jesse Brown VA
Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
    Application for a voter's identification card for persons
with disabilities or a nursing home resident's identification
card shall be made either: (a) in writing, with voter's sworn
affidavit, to the county clerk or board of election
commissioners, as the case may be, and shall be accompanied by
the affidavit of the attending physician specifically
describing the nature of the physical incapacity or the fact
that the voter is a nursing home resident and is physically
unable to be present at the polls on election days; or (b) by
presenting, in writing or otherwise, to the county clerk or
board of election commissioners, as the case may be, proof that
the applicant has secured an Illinois Person with a Disability
Identification Card indicating that the person named thereon
has a Class 1A or Class 2 disability. Upon the receipt of
either the sworn-to application and the physician's affidavit
or proof that the applicant has secured an Illinois Person with
a Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability, the county
clerk or board of election commissioners shall issue a voter's
identification card for persons with disabilities or a nursing
home resident's identification card. Such identification cards
shall be issued for a period of 5 years, upon the expiration of
which time the voter may secure a new card by making
application in the same manner as is prescribed for the
issuance of an original card, accompanied by a new affidavit of
the attending physician. The date of expiration of such
five-year period shall be made known to any interested person
by the election authority upon the request of such person.
Applications for the renewal of the identification cards shall
be mailed to the voters holding such cards not less than 3
months prior to the date of expiration of the cards.
    Each voter's identification card for persons with
disabilities or nursing home resident's identification card
shall bear an identification number, which shall be clearly
noted on the voter's original and duplicate registration record
cards. In the event the holder becomes physically capable of
resuming normal voting, he must surrender his voter's
identification card for persons with disabilities or nursing
home resident's identification card to the county clerk or
board of election commissioners before the next election.
    The holder of a voter's identification card for persons
with disabilities or a nursing home resident's identification
card may make application by mail for an official ballot within
the time prescribed by Section 19-2. Such application shall
contain the same information as is included in the form of
application for ballot by a physically incapacitated elector
prescribed in Section 19-3 except that it shall also include
the applicant's voter's identification card for persons with
disabilities card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for voters with
physical disabilities, and the manner of voting and returning
the ballot shall be the same as that provided in this Article
for other vote by mail ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
    Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
    For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act, the MC/DD Act, or
the Specialized Mental Health Rehabilitation Act of 2013. For
the purposes of this Section, "federally operated veterans'
home, hospital, or facility" means the long-term care
facilities at the Jesse Brown VA Medical Center, Illiana Health
Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
Center, and Captain James A. Lovell Federal Health Care Center.
(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
 
    Section 45. The Secretary of State Merit Employment Code is
amended by changing Section 10a as follows:
 
    (15 ILCS 310/10a)  (from Ch. 124, par. 110a)
    Sec. 10a. Jurisdiction A - classification and pay. For
positions in the Office of the Secretary of State with respect
to the classification and pay:
        (1) For the preparation, maintenance, and revision by
    the Director, subject to approval by the Commission, of a
    position classification plan for all positions subject to
    this Act, based upon similarity of duties performed,
    responsibilities assigned, and conditions of employment so
    that the same schedule of pay may be equitably applied to
    all positions in the same class. Unless the Commission
    disapproves such classification plan or any revision
    thereof within 30 calendar days, the Director shall
    allocate every such position to one of the classes in the
    plan. Any employee affected by the allocation of a position
    to a class shall after filing with the Director of
    Personnel within 30 calendar days of the allocation a
    request for reconsideration thereof in such manner and form
    as the Director may prescribe, be given a reasonable
    opportunity to be heard by the Director. If the employee
    does not accept the decision of the Director he may, within
    15 calendar days after receipt of the reconsidered
    decision, appeal to the Merit Commission.
        (2) For a pay plan to be prepared by the Director for
    all employees subject to this Act. Such pay plan may
    include provisions for uniformity of starting pay, an
    increment plan, area differentials, a delay not to exceed
    one year in the reduction of the pay of employees whose
    positions are reduced in rank or grade by reallocation
    because of a loss of duties or responsibilities after their
    appointments to such positions, prevailing rates of wages
    in those classifications in which employers are now paying
    or may hereafter pay such rates of wage and other
    provisions. Such pay plan shall become effective only after
    it has been approved by the Secretary of State. Amendments
    to the pay plan will be made in the same manner. Such pay
    plan shall provide that each employee shall be paid at one
    of the rates set forth in the pay plan for the class of
    position in which he is employed. Such pay plan shall
    provide for a fair and reasonable compensation for far
    services rendered.
(Source: P.A. 80-13; revised 10-13-15.)
 
    Section 50. The Illinois Identification Card Act is amended
by changing Sections 2, 4, and 14C as follows:
 
    (15 ILCS 335/2)  (from Ch. 124, par. 22)
    Sec. 2. Administration and powers and duties of the
Administrator.
    (a) The Secretary of State is the Administrator of this
Act, and he is charged with the duty of observing,
administering and enforcing the provisions of this Act.
    (b) The Secretary is vested with the powers and duties for
the proper administration of this Act as follows:
        1. He shall organize the administration of this Act as
    he may deem necessary and appoint such subordinate
    officers, clerks and other employees as may be necessary.
        2. From time to time, he may make, amend or rescind
    rules and regulations as may be in the public interest to
    implement the Act.
        3. He may prescribe or provide suitable forms as
    necessary, including such forms as are necessary to
    establish that an applicant for an Illinois Person with a
    Disability Identification Card is a "person with a
    disability" as defined in Section 4A of this Act, and
    establish that an applicant for a State identification card
    is a "homeless person" as defined in Section 1A of this
    Act.
        4. He may prepare under the seal of the Secretary of
    State certified copies of any records utilized under this
    Act and any such certified copy shall be admissible in any
    proceeding in any court in like manner as the original
    thereof.
        5. Records compiled under this Act shall be maintained
    for 6 years, but the Secretary may destroy such records
    with the prior approval of the State Records Commission.
        6. He shall examine and determine the genuineness,
    regularity and legality of every application filed with him
    under this Act, and he may in all cases investigate the
    same, require additional information or proof or
    documentation from any applicant.
        7. He shall require the payment of all fees prescribed
    in this Act, and all such fees received by him shall be
    placed in the Road Fund of the State treasury except as
    otherwise provided in Section 12 of this Act. Whenever any
    application to the Secretary for an identification card
    under this Act is accompanied by any fee, as required by
    law, and the application is denied after a review of
    eligibility, which may include facial recognition
    comparison, the applicant shall not be entitled to a refund
    of any fees paid.
(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;
revised 10-14-15.)
 
    (15 ILCS 335/4)  (from Ch. 124, par. 24)
    Sec. 4. Identification Card.
    (a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, aftercare release, final discharge, or
pardon from the Department of Corrections or Department of
Juvenile Justice by submitting an identification card issued by
the Department of Corrections or Department of Juvenile Justice
under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
Corrections, together with the prescribed fees. No
identification card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph and signature
or mark of the applicant. However, the Secretary of State may
provide by rule for the issuance of Illinois Identification
Cards without photographs if the applicant has a bona fide
religious objection to being photographed or to the display of
his or her photograph. The Illinois Identification Card may be
used for identification purposes in any lawful situation only
by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
    (a-5) If an applicant for an identification card has a
current driver's license or instruction permit issued by the
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the
identification card, driver's license, and instruction permit
records maintained by the Secretary. The Secretary may
promulgate rules to implement this provision.
    (a-10) If the applicant is a judicial officer as defined in
Section 1-10 of the Judicial Privacy Act or a peace officer,
the applicant may elect to have his or her office or work
address listed on the card instead of the applicant's residence
or mailing address. The Secretary may promulgate rules to
implement this provision. For the purposes of this subsection
(a-10), "peace officer" means any person who by virtue of his
or her office or public employment is vested by law with a duty
to maintain public order or to make arrests for a violation of
any penal statute of this State, whether that duty extends to
all violations or is limited to specific violations.
    (a-15) The Secretary of State may provide for an expedited
process for the issuance of an Illinois Identification Card.
The Secretary shall charge an additional fee for the expedited
issuance of an Illinois Identification Card, to be set by rule,
not to exceed $75. All fees collected by the Secretary for
expedited Illinois Identification Card service shall be
deposited into the Secretary of State Special Services Fund.
The Secretary may adopt rules regarding the eligibility,
process, and fee for an expedited Illinois Identification Card.
If the Secretary of State determines that the volume of
expedited identification card requests received on a given day
exceeds the ability of the Secretary to process those requests
in an expedited manner, the Secretary may decline to provide
expedited services, and the additional fee for the expedited
service shall be refunded to the applicant.
    (b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois Person
with a Disability Identification Card, to any natural person
who is a resident of the State of Illinois, who is a person
with a disability as defined in Section 4A of this Act, who
applies for such card, or renewal thereof. No Illinois Person
with a Disability Identification Card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification card,
license, or permit. The Secretary of State shall charge no fee
to issue such card. The card shall be prepared and supplied by
the Secretary of State, and shall include a photograph and
signature or mark of the applicant, a designation indicating
that the card is an Illinois Person with a Disability
Identification Card, and shall include a comprehensible
designation of the type and classification of the applicant's
disability as set out in Section 4A of this Act. However, the
Secretary of State may provide by rule for the issuance of
Illinois Person with a Disability Identification Cards without
photographs if the applicant has a bona fide religious
objection to being photographed or to the display of his or her
photograph. If the applicant so requests, the card shall
include a description of the applicant's disability and any
information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. If a mark is used
in lieu of a signature, such mark shall be affixed to the card
in the presence of two witnesses who attest to the authenticity
of the mark. The Illinois Person with a Disability
Identification Card may be used for identification purposes in
any lawful situation by the person to whom it was issued.
    The Illinois Person with a Disability Identification Card
may be used as adequate documentation of disability in lieu of
a physician's determination of disability, a determination of
disability from a physician assistant, a determination of
disability from an advanced practice nurse, or any other
documentation of disability whenever any State law requires
that a person with a disability provide such documentation of
disability, however an Illinois Person with a Disability
Identification Card shall not qualify the cardholder to
participate in any program or to receive any benefit which is
not available to all persons with like disabilities.
Notwithstanding any other provisions of law, an Illinois Person
with a Disability Identification Card, or evidence that the
Secretary of State has issued an Illinois Person with a
Disability Identification Card, shall not be used by any person
other than the person named on such card to prove that the
person named on such card is a person with a disability or for
any other purpose unless the card is used for the benefit of
the person named on such card, and the person named on such
card consents to such use at the time the card is so used.
    An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Person with a Disability
Identification Card.
    When medical information is contained on an Illinois Person
with a Disability Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
    (c) The Secretary of State shall provide that each original
or renewal Illinois Identification Card or Illinois Person with
a Disability Identification Card issued to a person under the
age of 21 shall be of a distinct nature from those Illinois
Identification Cards or Illinois Person with a Disability
Identification Cards issued to individuals 21 years of age or
older. The color designated for Illinois Identification Cards
or Illinois Person with a Disability Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
    (c-1) Each original or renewal Illinois Identification
Card or Illinois Person with a Disability Identification Card
issued to a person under the age of 21 shall display the date
upon which the person becomes 18 years of age and the date upon
which the person becomes 21 years of age.
    (c-3) The General Assembly recognizes the need to identify
military veterans living in this State for the purpose of
ensuring that they receive all of the services and benefits to
which they are legally entitled, including healthcare,
education assistance, and job placement. To assist the State in
identifying these veterans and delivering these vital services
and benefits, the Secretary of State is authorized to issue
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards with the word "veteran"
appearing on the face of the cards. This authorization is
predicated on the unique status of veterans. The Secretary may
not issue any other identification card which identifies an
occupation, status, affiliation, hobby, or other unique
characteristics of the identification card holder which is
unrelated to the purpose of the identification card.
    (c-5) Beginning on or before July 1, 2015, the Secretary of
State shall designate a space on each original or renewal
identification card where, at the request of the applicant, the
word "veteran" shall be placed. The veteran designation shall
be available to a person identified as a veteran under
subsection (b) of Section 5 of this Act who was discharged or
separated under honorable conditions.
    (d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
    (e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Person with a Disability Identification Card a space where the
card holder may place a sticker or decal, issued by the
Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the
card holder has renewed his or her Illinois Identification Card
or Illinois Person with a Disability Identification Card.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.
7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised
10-14-15.)
 
    (15 ILCS 335/14C)  (from Ch. 124, par. 34C)
    Sec. 14C. Making false application or affidavit.
    (a) It is a violation of this Section for any person:
        1. To display or present any document for the purpose
    of making application for an Illinois Identification Card
    or Illinois Person with a Disability Identification Card
    knowing that such document contains false information
    concerning the identity of the applicant;
        2. To accept or allow to be accepted any document
    displayed or presented for the purpose of making
    application for an Illinois Identification Card or
    Illinois Person with a Disability Identification Card
    knowing that such document contains false information
    concerning the identity identify of the applicant;
        3. To knowingly make any false affidavit or swear or
    affirm falsely to any matter or thing required by the terms
    of this Act to be sworn to or affirmed.
    (b) Sentence.
        1. Any person convicted of a violation of this Section
    shall be guilty of a Class 4 felony.
        2. A person convicted of a second or subsequent
    violation of this Section shall be guilty of a Class 3
    felony.
    (c) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity
of any agency of the United States, State of Illinois or any
other state or political subdivision thereof.
    (d) The Secretary of State may confiscate any suspected
fraudulent, fictitious, or altered documents submitted by an
applicant in support of an application for an Illinois
Identification Card or Illinois Person with a Disability
Identification Card.
(Source: P.A. 97-1064, eff. 1-1-13; revised 10-13-15.)
 
    Section 55. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 5-23 as follows:
 
    (20 ILCS 301/5-23)
    Sec. 5-23. Drug Overdose Prevention Program.
    (a) Reports of drug overdose.
        (1) The Director of the Division of Alcoholism and
    Substance Abuse shall publish annually a report on drug
    overdose trends statewide that reviews State death rates
    from available data to ascertain changes in the causes or
    rates of fatal and nonfatal drug overdose. The report shall
    also provide information on interventions that would be
    effective in reducing the rate of fatal or nonfatal drug
    overdose and shall include an analysis of drug overdose
    information reported to the Department of Public Health
    pursuant to subsection (e) of Section 3-3013 of the
    Counties Code, Section 6.14g of the Hospital Licensing Act,
    and subsection (j) of Section 22-30 of the School Code.
        (2) The report may include:
            (A) Trends in drug overdose death rates.
            (B) Trends in emergency room utilization related
        to drug overdose and the cost impact of emergency room
        utilization.
            (C) Trends in utilization of pre-hospital and
        emergency services and the cost impact of emergency
        services utilization.
            (D) Suggested improvements in data collection.
            (E) A description of other interventions effective
        in reducing the rate of fatal or nonfatal drug
        overdose.
            (F) A description of efforts undertaken to educate
        the public about unused medication and about how to
        properly dispose of unused medication, including the
        number of registered collection receptacles in this
        State, mail-back programs, and drug take-back events.
    (b) Programs; drug overdose prevention.
        (1) The Director may establish a program to provide for
    the production and publication, in electronic and other
    formats, of drug overdose prevention, recognition, and
    response literature. The Director may develop and
    disseminate curricula for use by professionals,
    organizations, individuals, or committees interested in
    the prevention of fatal and nonfatal drug overdose,
    including, but not limited to, drug users, jail and prison
    personnel, jail and prison inmates, drug treatment
    professionals, emergency medical personnel, hospital
    staff, families and associates of drug users, peace
    officers, firefighters, public safety officers, needle
    exchange program staff, and other persons. In addition to
    information regarding drug overdose prevention,
    recognition, and response, literature produced by the
    Department shall stress that drug use remains illegal and
    highly dangerous and that complete abstinence from illegal
    drug use is the healthiest choice. The literature shall
    provide information and resources for substance abuse
    treatment.
        The Director may establish or authorize programs for
    prescribing, dispensing, or distributing opioid
    antagonists for the treatment of drug overdose. Such
    programs may include the prescribing of opioid antagonists
    for the treatment of drug overdose to a person who is not
    at risk of opioid overdose but who, in the judgment of the
    health care professional, may be in a position to assist
    another individual during an opioid-related drug overdose
    and who has received basic instruction on how to administer
    an opioid antagonist.
        (2) The Director may provide advice to State and local
    officials on the growing drug overdose crisis, including
    the prevalence of drug overdose incidents, programs
    promoting the disposal of unused prescription drugs,
    trends in drug overdose incidents, and solutions to the
    drug overdose crisis.
    (c) Grants.
        (1) The Director may award grants, in accordance with
    this subsection, to create or support local drug overdose
    prevention, recognition, and response projects. Local
    health departments, correctional institutions, hospitals,
    universities, community-based organizations, and
    faith-based organizations may apply to the Department for a
    grant under this subsection at the time and in the manner
    the Director prescribes.
        (2) In awarding grants, the Director shall consider the
    necessity for overdose prevention projects in various
    settings and shall encourage all grant applicants to
    develop interventions that will be effective and viable in
    their local areas.
        (3) The Director shall give preference for grants to
    proposals that, in addition to providing life-saving
    interventions and responses, provide information to drug
    users on how to access drug treatment or other strategies
    for abstaining from illegal drugs. The Director shall give
    preference to proposals that include one or more of the
    following elements:
            (A) Policies and projects to encourage persons,
        including drug users, to call 911 when they witness a
        potentially fatal drug overdose.
            (B) Drug overdose prevention, recognition, and
        response education projects in drug treatment centers,
        outreach programs, and other organizations that work
        with, or have access to, drug users and their families
        and communities.
            (C) Drug overdose recognition and response
        training, including rescue breathing, in drug
        treatment centers and for other organizations that
        work with, or have access to, drug users and their
        families and communities.
            (D) The production and distribution of targeted or
        mass media materials on drug overdose prevention and
        response, the potential dangers of keeping unused
        prescription drugs in the home, and methods to properly
        dispose of unused prescription drugs.
            (E) Prescription and distribution of opioid
        antagonists.
            (F) The institution of education and training
        projects on drug overdose response and treatment for
        emergency services and law enforcement personnel.
            (G) A system of parent, family, and survivor
        education and mutual support groups.
        (4) In addition to moneys appropriated by the General
    Assembly, the Director may seek grants from private
    foundations, the federal government, and other sources to
    fund the grants under this Section and to fund an
    evaluation of the programs supported by the grants.
    (d) Health care professional prescription of opioid
antagonists.
        (1) A health care professional who, acting in good
    faith, directly or by standing order, prescribes or
    dispenses an opioid antagonist to: (a) a patient who, in
    the judgment of the health care professional, is capable of
    administering the drug in an emergency, or (b) a person who
    is not at risk of opioid overdose but who, in the judgment
    of the health care professional, may be in a position to
    assist another individual during an opioid-related drug
    overdose and who has received basic instruction on how to
    administer an opioid antagonist shall not, as a result of
    his or her acts or omissions, be subject to: (i) any
    disciplinary or other adverse action under the Medical
    Practice Act of 1987, the Physician Assistant Practice Act
    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
    or any other professional licensing statute or (ii) any
    criminal liability, except for willful and wanton
    misconduct.
        (2) A person who is not otherwise licensed to
    administer an opioid antagonist may in an emergency
    administer without fee an opioid antagonist if the person
    has received the patient information specified in
    paragraph (4) of this subsection and believes in good faith
    that another person is experiencing a drug overdose. The
    person shall not, as a result of his or her acts or
    omissions, be (i) liable for any violation of the Medical
    Practice Act of 1987, the Physician Assistant Practice Act
    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
    or any other professional licensing statute, or (ii)
    subject to any criminal prosecution or civil liability,
    except for willful and wanton misconduct.
        (3) A health care professional prescribing an opioid
    antagonist to a patient shall ensure that the patient
    receives the patient information specified in paragraph
    (4) of this subsection. Patient information may be provided
    by the health care professional or a community-based
    organization, substance abuse program, or other
    organization with which the health care professional
    establishes a written agreement that includes a
    description of how the organization will provide patient
    information, how employees or volunteers providing
    information will be trained, and standards for documenting
    the provision of patient information to patients.
    Provision of patient information shall be documented in the
    patient's medical record or through similar means as
    determined by agreement between the health care
    professional and the organization. The Director of the
    Division of Alcoholism and Substance Abuse, in
    consultation with statewide organizations representing
    physicians, pharmacists, advanced practice nurses,
    physician assistants, substance abuse programs, and other
    interested groups, shall develop and disseminate to health
    care professionals, community-based organizations,
    substance abuse programs, and other organizations training
    materials in video, electronic, or other formats to
    facilitate the provision of such patient information.
        (4) For the purposes of this subsection:
        "Opioid antagonist" means a drug that binds to opioid
    receptors and blocks or inhibits the effect of opioids
    acting on those receptors, including, but not limited to,
    naloxone hydrochloride or any other similarly acting drug
    approved by the U.S. Food and Drug Administration.
        "Health care professional" means a physician licensed
    to practice medicine in all its branches, a licensed
    physician assistant prescriptive authority, a licensed
    advanced practice nurse prescriptive authority, or an
    advanced practice nurse or physician assistant who
    practices in a hospital, hospital affiliate, or ambulatory
    surgical treatment center and possesses appropriate
    clinical privileges in accordance with the Nurse Practice
    Act, or a pharmacist licensed to practice pharmacy under
    the Pharmacy Practice Act.
        "Patient" includes a person who is not at risk of
    opioid overdose but who, in the judgment of the physician,
    may be in a position to assist another individual during an
    overdose and who has received patient information as
    required in paragraph (2) of this subsection on the
    indications for and administration of an opioid
    antagonist.
        "Patient information" includes information provided to
    the patient on drug overdose prevention and recognition;
    how to perform rescue breathing and resuscitation; opioid
    antagonist dosage and administration; the importance of
    calling 911; care for the overdose victim after
    administration of the overdose antagonist; and other
    issues as necessary.
    (e) Drug overdose response policy.
        (1) Every State and local government agency that
    employs a law enforcement officer or fireman as those terms
    are defined in the Line of Duty Compensation Act must
    possess opioid antagonists and must establish a policy to
    control the acquisition, storage, transportation, and
    administration of such opioid antagonists and to provide
    training in the administration of opioid antagonists. A
    State or local government agency that employs a fireman as
    defined in the Line of Duty Compensation Act but does not
    respond to emergency medical calls or provide medical
    services shall be exempt from this subsection.
        (2) Every publicly or privately owned ambulance,
    special emergency medical services vehicle, non-transport
    vehicle, or ambulance assist vehicle, as described in the
    Emergency Medical Services (EMS) Systems Act, which
    responds to requests for emergency services or transports
    patients between hospitals in emergency situations must
    possess opioid antagonists.
        (3) Entities that are required under paragraphs (1) and
    (2) to possess opioid antagonists may also apply to the
    Department for a grant to fund the acquisition of opioid
    antagonists and training programs on the administration of
    opioid antagonists.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
revised 10-19-15.)
 
    Section 60. The Children and Family Services Act is amended
by changing Section 7 as follows:
 
    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
    Sec. 7. Placement of children; considerations.
    (a) In placing any child under this Act, the Department
shall place the child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
    (a-5) In placing a child under this Act, the Department
shall place the child with the child's sibling or siblings
under Section 7.4 of this Act unless the placement is not in
each child's best interest, or is otherwise not possible under
the Department's rules. If the child is not placed with a
sibling under the Department's rules, the Department shall
consider placements that are likely to develop, preserve,
nurture, and support sibling relationships, where doing so is
in each child's best interest.
    (b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify, locate, and provide notice to
all adult grandparents and other adult relatives of the child
who are ready, willing, and able to care for the child. At a
minimum, these efforts shall be renewed each time the child
requires a placement change and it is appropriate for the child
to be cared for in a home environment. The Department must
document its efforts to identify, locate, and provide notice to
such potential relative placements and maintain the
documentation in the child's case file.
    If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
    If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
    When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
    If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
    If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
    When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
    The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses
under the Criminal Code of 1961 or the Criminal Code of 2012:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
    11-40, and 11-45;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug-induced infliction of great bodily harm as
    described in Section 12-4.7 or subdivision (g)(1) of
    Section 12-3.05;
        (15) aggravated stalking;
        (16) home invasion;
        (17) vehicular invasion;
        (18) criminal transmission of HIV;
        (19) criminal abuse or neglect of an elderly person or
    person with a disability as described in Section 12-21 or
    subsection (b) of Section 12-4.4a;
        (20) child abandonment;
        (21) endangering the life or health of a child;
        (22) ritual mutilation;
        (23) ritualized abuse of a child;
        (24) an offense in any other state the elements of
    which are similar and bear a substantial relationship to
    any of the foregoing offenses.
    For the purpose of this subsection, "relative" shall
include any person, 21 years of age or over, other than the
parent, who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; or (iv) is a fictive kin; "relative" also includes
a person related in any of the foregoing ways to a sibling of a
child, even though the person is not related to the child, when
the child and its sibling are placed together with that person.
For children who have been in the guardianship of the
Department, have been adopted, and are subsequently returned to
the temporary custody or guardianship of the Department, a
"relative" may also include any person who would have qualified
as a relative under this paragraph prior to the adoption, but
only if the Department determines, and documents, that it would
be in the child's best interests to consider this person a
relative, based upon the factors for determining best interests
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987. A relative with whom a child is placed
pursuant to this subsection may, but is not required to, apply
for licensure as a foster family home pursuant to the Child
Care Act of 1969; provided, however, that as of July 1, 1995,
foster care payments shall be made only to licensed foster
family homes pursuant to the terms of Section 5 of this Act.
    Notwithstanding any other provision under this subsection
to the contrary, a fictive kin with whom a child is placed
pursuant to this subsection shall apply for licensure as a
foster family home pursuant to the Child Care Act of 1969
within 6 months of the child's placement with the fictive kin.
The Department shall not remove a child from the home of a
fictive kin on the basis that the fictive kin fails to apply
for licensure within 6 months of the child's placement with the
fictive kin, or fails to meet the standard for licensure. All
other requirements established under the rules and procedures
of the Department concerning the placement of a child, for whom
the Department is legally responsible, with a relative shall
apply. By June 1, 2015, the Department shall promulgate rules
establishing criteria and standards for placement,
identification, and licensure of fictive kin.
    For purposes of this subsection, "fictive kin" means any
individual, unrelated by birth or marriage, who is shown to
have close personal or emotional ties with the child or the
child's family prior to the child's placement with the
individual.
    The provisions added to this subsection (b) by Public Act
98-846 this amendatory Act of the 98th General Assembly shall
become operative on and after June 1, 2015.
    (c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
    (c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
    (d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
    (e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;
99-340, eff. 1-1-16; revised 10-19-15.)
 
    Section 65. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-817 as follows:
 
    (20 ILCS 605/605-817)  (was 20 ILCS 605/46.19k)
    Sec. 605-817. Family loan program.
    (a) From amounts appropriated for such purpose, the
Department in consultation with the Department of Human
Services shall solicit proposals to establish programs to be
known as family loan programs. Such programs shall provide
small, no-interest loans to custodial parents with income below
200% of the federal poverty level and an who are working or
enrolled in a post-secondary education program, to aid in
covering the costs of unexpected expenses that could interfere
with their ability to maintain employment or continue
education. Loans awarded through a family loan program may be
paid directly to a third party on behalf of a loan recipient
and in either case shall not constitute income or resources for
the purposes of public assistance and care so long as the funds
are used for the intended purpose.
    (b) The Director shall enter into written agreements with
not-for-profit organizations or local government agencies to
administer loan pools. Agreements shall be entered into with no
more than 4 organizations or agencies, no more than one of
which shall be located in the city of Chicago.
    (c) Program sites shall be approved based on the
demonstrated ability of the organization or governmental
agency to secure funding from private or public sources
sufficient to establish a loan pool to be maintained through
repayment agreements entered into by eligible low-income
families. Funds awarded by the Department to approved program
sites shall be used for the express purposes of covering
staffing and administration costs associated with
administering the loan pool.
(Source: P.A. 91-372, eff. 1-1-00; 92-16, eff. 6-28-01; revised
10-19-15.)
 
    Section 70. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by changing Section 805-305 as follows:
 
    (20 ILCS 805/805-305)  (was 20 ILCS 805/63a23)
    Sec. 805-305. Campsites and housing facilities. The
Department has the power to provide facilities for overnight
tent and trailer campsites camp sites and to provide suitable
housing facilities for student and juvenile overnight camping
groups. The Department of Natural Resources may regulate, by
administrative order, the fees to be charged for tent and
trailer camping units at individual park areas based upon the
facilities available. However, for campsites with access to
showers or electricity, any Illinois resident who is age 62 or
older or has a Class 2 disability as defined in Section 4A of
the Illinois Identification Card Act shall be charged only
one-half of the camping fee charged to the general public
during the period Monday through Thursday of any week and shall
be charged the same camping fee as the general public on all
other days. For campsites without access to showers or
electricity, no camping fee authorized by this Section shall be
charged to any resident of Illinois who has a Class 2
disability as defined in Section 4A of the Illinois
Identification Card Act. For campsites without access to
showers or electricity, no camping fee authorized by this
Section shall be charged to any resident of Illinois who is age
62 or older for the use of a campsite camp site unit during the
period Monday through Thursday of any week. No camping fee
authorized by this Section shall be charged to any resident of
Illinois who is a veteran with a disability or a former
prisoner of war, as defined in Section 5 of the Department of
Veterans Affairs Act. No camping fee authorized by this Section
shall be charged to any resident of Illinois after returning
from service abroad or mobilization by the President of the
United States as an active duty member of the United States
Armed Forces, the Illinois National Guard, or the Reserves of
the United States Armed Forces for the amount of time that the
active duty member spent in service abroad or mobilized if the
person (i) applies for a pass at the Department office in
Springfield within 2 years after returning and provides
acceptable verification of service or mobilization to the
Department or (ii) applies for a pass at a Regional Office of
the Department within 2 years after returning and provides
acceptable verification of service or mobilization to the
Department; any portion of a year that the active duty member
spent in service abroad or mobilized shall count as a full
year. Nonresidents shall be charged the same fees as are
authorized for the general public regardless of age. The
Department shall provide by regulation for suitable proof of
age, or either a valid driver's license or a "Golden Age
Passport" issued by the federal government shall be acceptable
as proof of age. The Department shall further provide by
regulation that notice of these reduced admission fees be
posted in a conspicuous place and manner.
    Reduced fees authorized in this Section shall not apply to
any charge for utility service.
    For the purposes of this Section, "acceptable verification
of service or mobilization" means official documentation from
the Department of Defense or the appropriate Major Command
showing mobilization dates or service abroad dates, including:
(i) a DD-214, (ii) a letter from the Illinois Department of
Military Affairs for members of the Illinois National Guard,
(iii) a letter from the Regional Reserve Command for members of
the Armed Forces Reserve, (iv) a letter from the Major Command
covering Illinois for active duty members, (v) personnel
records for mobilized State employees, and (vi) any other
documentation that the Department, by administrative rule,
deems acceptable to establish dates of mobilization or service
abroad.
    For the purposes of this Section, the term "service abroad"
means active duty service outside of the 50 United States and
the District of Columbia, and includes all active duty service
in territories and possessions of the United States.
(Source: P.A. 99-143, eff. 7-27-15; revised 10-14-15.)
 
    Section 75. The Recreational Trails of Illinois Act is
amended by changing Section 34 as follows:
 
    (20 ILCS 862/34)
    Sec. 34. Exception from display of Off-Highway Vehicle
Usage Stamps. The operator of an off-highway vehicle shall not
be required to display an Off-Highway Vehicle Usage Stamp if
the off-highway vehicle is:
        (1) owned and used by the United States, the State of
    Illinois, another state, or a political subdivision
    thereof, but these off-highway vehicles shall prominently
    display the name of the owner on the off-highway vehicle;
        (2) operated on lands where the operator, his or her
    immediate family, or both are the sole owners of the land;
    this exception shall not apply to clubs, associations, or
    lands leased for hunting or recreational purposes;
        (3) used only on local, national, or international
    competition circuits in events for which written
    permission has been obtained by the sponsoring or
    sanctioning body from the governmental unit having
    jurisdiction over the location of any event held in this
    State;
        (4) (blank);
        (5) used on an off-highway vehicle grant assisted site
    and the off-highway vehicle displays an a Off-Highway
    Vehicle Access decal;
        (6) used in conjunction with a bona fide commercial
    business, including, but not limited to, agricultural and
    livestock production;
        (7) a golf cart, regardless of whether the golf cart is
    currently being used for golfing purposes;
        (8) displaying a valid motor vehicle registration
    issued by the Secretary of State or any other state;
        (9) operated by an individual who either possesses an
    Illinois Identification Card issued to the operator by the
    Secretary of State that lists a Class P2 (or P2O or any
    successor classification) or P2A disability or an original
    or photocopy of a valid motor vehicle disability placard
    issued to the operator by the Secretary of State, or is
    assisting a person with a disability who has a Class P2 (or
    P2O or any successor classification) or P2A disability
    while using the same off-highway vehicle as the individual
    with a disability; or
        (10) used only at commercial riding parks.
    For the purposes of this Section, "golf cart" means a
machine specifically designed for the purposes of transporting
one or more persons and their golf clubs.
    For the purposes of this Section, "local, national, or
international competition circuit" means any competition
circuit sponsored or sanctioned by an international, national,
or state organization, including, but not limited to, the
American Motorcyclist Association, or sponsored, sanctioned,
or both by an affiliate organization of an international,
national, or state organization which sanctions competitions,
including trials or practices leading up to or in connection
with those competitions.
    For the purposes of this Section, "commercial riding parks"
mean commercial properties used for the recreational operation
of off-highway vehicles by the paying members of the park or
paying guests.
(Source: P.A. 98-820, eff. 8-1-14; 99-143, eff. 7-27-15;
revised 10-14-15.)
 
    Section 80. The Department of Human Services Act is amended
by changing Sections 1-17 and 1-42 as follows:
 
    (20 ILCS 1305/1-17)
    Sec. 1-17. Inspector General.
    (a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to
investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
    (b) Definitions. The following definitions apply to this
Section:
    "Adult student with a disability" means an adult student,
age 18 through 21, inclusive, with an Individual Education
Program, other than a resident of a facility licensed by the
Department of Children and Family Services in accordance with
the Child Care Act of 1969. For purposes of this definition,
"through age 21, inclusive", means through the day before the
student's 22nd birthday.
    "Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
    "Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
    "Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
    "Day" means working day, unless otherwise specified.
    "Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
    "Department" means the Department of Human Services.
    "Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
    "Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
    "Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
    "Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
    "Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
    "Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
    "Health care worker registry" or "registry" means the
health care worker registry created by the Nursing Home Care
Act.
    "Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
    "Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
    "Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
    "Mentally ill" means having a mental illness.
    "Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
    "Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
    "Person with a developmental disability" means a person
having a developmental disability.
    "Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
    "Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
    "Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
    "Secretary" means the Chief Administrative Officer of the
Department.
    "Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
    "Sexually explicit images" includes, but is not limited to,
any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual
excitement, sexual conduct, or sado-masochistic abuse.
    "Substantiated" means there is a preponderance of the
evidence to support the allegation.
    "Unfounded" means there is no credible evidence to support
the allegation.
    "Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
    (c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
    (d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
    (e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
    (f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
    (g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
    (h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
    (i) Duty to cooperate.
        (1) The Inspector General shall at all times be granted
    access to any facility or agency for the purpose of
    investigating any allegation, conducting unannounced site
    visits, monitoring compliance with a written response, or
    completing any other statutorily assigned duty. The
    Inspector General shall conduct unannounced site visits to
    each facility at least annually for the purpose of
    reviewing and making recommendations on systemic issues
    relative to preventing, reporting, investigating, and
    responding to all of the following: mental abuse, physical
    abuse, sexual abuse, neglect, egregious neglect, or
    financial exploitation.
        (2) Any employee who fails to cooperate with an Office
    of the Inspector General investigation is in violation of
    this Act. Failure to cooperate with an investigation
    includes, but is not limited to, any one or more of the
    following: (i) creating and transmitting a false report to
    the Office of the Inspector General hotline, (ii) providing
    false information to an Office of the Inspector General
    Investigator during an investigation, (iii) colluding with
    other employees to cover up evidence, (iv) colluding with
    other employees to provide false information to an Office
    of the Inspector General investigator, (v) destroying
    evidence, (vi) withholding evidence, or (vii) otherwise
    obstructing an Office of the Inspector General
    investigation. Additionally, any employee who, during an
    unannounced site visit or written response compliance
    check, fails to cooperate with requests from the Office of
    the Inspector General is in violation of this Act.
    (j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the
documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
    (k) Reporting allegations and deaths.
        (1) Allegations. If an employee witnesses, is told of,
    or has reason to believe an incident of mental abuse,
    physical abuse, sexual abuse, neglect, or financial
    exploitation has occurred, the employee, agency, or
    facility shall report the allegation by phone to the Office
    of the Inspector General hotline according to the agency's
    or facility's procedures, but in no event later than 4
    hours after the initial discovery of the incident,
    allegation, or suspicion of any one or more of the
    following: mental abuse, physical abuse, sexual abuse,
    neglect, or financial exploitation. A required reporter as
    defined in subsection (b) of this Section who knowingly or
    intentionally fails to comply with these reporting
    requirements is guilty of a Class A misdemeanor.
        (2) Deaths. Absent an allegation, a required reporter
    shall, within 24 hours after initial discovery, report by
    phone to the Office of the Inspector General hotline each
    of the following:
            (i) Any death of an individual occurring within 14
        calendar days after discharge or transfer of the
        individual from a residential program or facility.
            (ii) Any death of an individual occurring within 24
        hours after deflection from a residential program or
        facility.
            (iii) Any other death of an individual occurring at
        an agency or facility or at any Department-funded site.
        (3) Retaliation. It is a violation of this Act for any
    employee or administrator of an agency or facility to take
    retaliatory action against an employee who acts in good
    faith in conformance with his or her duties as a required
    reporter.
    (l) Reporting to law enforcement.
        (1) Reporting criminal acts. Within 24 hours after
    determining that there is credible evidence indicating
    that a criminal act may have been committed or that special
    expertise may be required in an investigation, the
    Inspector General shall notify the Department of State
    Police or other appropriate law enforcement authority, or
    ensure that such notification is made. The Department of
    State Police shall investigate any report from a
    State-operated facility indicating a possible murder,
    sexual assault, or other felony by an employee. All
    investigations conducted by the Inspector General shall be
    conducted in a manner designed to ensure the preservation
    of evidence for possible use in a criminal prosecution.
        (2) Reporting allegations of adult students with
    disabilities. Upon receipt of a reportable allegation
    regarding an adult student with a disability, the
    Department's Office of the Inspector General shall
    determine whether the allegation meets the criteria for the
    Domestic Abuse Program under the Abuse of Adults with
    Disabilities Intervention Act. If the allegation is
    reportable to that program, the Office of the Inspector
    General shall initiate an investigation. If the allegation
    is not reportable to the Domestic Abuse Program, the Office
    of the Inspector General shall make an expeditious referral
    to the respective law enforcement entity. If the alleged
    victim is already receiving services from the Department,
    the Office of the Inspector General shall also make a
    referral to the respective Department of Human Services'
    Division or Bureau.
    (m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, or if a
recommendation is made, the Inspector General shall provide the
investigative report on the case to the Secretary and to the
director of the facility or agency where any one or more of the
following occurred: mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation.
In a substantiated case, the investigative report shall include
any mitigating or aggravating circumstances that were
identified during the investigation. If the case involves
substantiated neglect, the investigative report shall also
state whether egregious neglect was found. An investigative
report may also set forth recommendations. All investigative
reports prepared by the Office of the Inspector General shall
be considered confidential and shall not be released except as
provided by the law of this State or as required under
applicable federal law. Unsubstantiated and unfounded reports
shall not be disclosed except as allowed under Section 6 of the
Abused and Neglected Long Term Care Facility Residents
Reporting Act. Raw data used to compile the investigative
report shall not be subject to release unless required by law
or a court order. "Raw data used to compile the investigative
report" includes, but is not limited to, any one or more of the
following: the initial complaint, witness statements,
photographs, investigator's notes, police reports, or incident
reports. If the allegations are substantiated, the accused
shall be provided with a redacted copy of the investigative
report. Death reports where there was no allegation of abuse or
neglect shall only be released pursuant to applicable State or
federal law or a valid court order.
    (n) Written responses and reconsideration requests.
        (1) Written responses. Within 30 calendar days from
    receipt of a substantiated investigative report or an
    investigative report which contains recommendations,
    absent a reconsideration request, the facility or agency
    shall file a written response that addresses, in a concise
    and reasoned manner, the actions taken to: (i) protect the
    individual; (ii) prevent recurrences; and (iii) eliminate
    the problems identified. The response shall include the
    implementation and completion dates of such actions. If the
    written response is not filed within the allotted 30
    calendar day period, the Secretary shall determine the
    appropriate corrective action to be taken.
        (2) Reconsideration requests. The facility, agency,
    victim or guardian, or the subject employee may request
    that the Office of Inspector General reconsider or clarify
    its finding based upon additional information.
    (o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
    (p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure or certification,
or (iv) the imposition of appropriate sanctions.
    (q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30 day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of any
implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
    (r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
        (1) Appointment of on-site monitors.
        (2) Transfer or relocation of an individual or
    individuals.
        (3) Closure of units.
        (4) Termination of any one or more of the following:
    (i) Department licensing, (ii) funding, or (iii)
    certification.
    The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
    (s) Health care worker registry.
        (1) Reporting to the registry. The Inspector General
    shall report to the Department of Public Health's health
    care worker registry, a public registry, the identity and
    finding of each employee of a facility or agency against
    whom there is a final investigative report containing a
    substantiated allegation of physical or sexual abuse,
    financial exploitation, or egregious neglect of an
    individual.
        (2) Notice to employee. Prior to reporting the name of
    an employee, the employee shall be notified of the
    Department's obligation to report and shall be granted an
    opportunity to request an administrative hearing, the sole
    purpose of which is to determine if the substantiated
    finding warrants reporting to the registry. Notice to the
    employee shall contain a clear and concise statement of the
    grounds on which the report to the registry is based, offer
    the employee an opportunity for a hearing, and identify the
    process for requesting such a hearing. Notice is sufficient
    if provided by certified mail to the employee's last known
    address. If the employee fails to request a hearing within
    30 days from the date of the notice, the Inspector General
    shall report the name of the employee to the registry.
    Nothing in this subdivision (s)(2) shall diminish or impair
    the rights of a person who is a member of a collective
    bargaining unit under the Illinois Public Labor Relations
    Act or under any other federal labor statute.
        (3) Registry hearings. If the employee requests an
    administrative hearing, the employee shall be granted an
    opportunity to appear before an administrative law judge to
    present reasons why the employee's name should not be
    reported to the registry. The Department shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that the substantiated
    finding warrants reporting to the registry. After
    considering all the evidence presented, the administrative
    law judge shall make a recommendation to the Secretary as
    to whether the substantiated finding warrants reporting
    the name of the employee to the registry. The Secretary
    shall render the final decision. The Department and the
    employee shall have the right to request that the
    administrative law judge consider a stipulated disposition
    of these proceedings.
        (4) Testimony at registry hearings. A person who makes
    a report or who investigates a report under this Act shall
    testify fully in any judicial proceeding resulting from
    such a report, as to any evidence of abuse or neglect, or
    the cause thereof. No evidence shall be excluded by reason
    of any common law or statutory privilege relating to
    communications between the alleged perpetrator of abuse or
    neglect, or the individual alleged as the victim in the
    report, and the person making or investigating the report.
    Testimony at hearings is exempt from the confidentiality
    requirements of subsection (f) of Section 10 of the Mental
    Health and Developmental Disabilities Confidentiality Act.
        (5) Employee's rights to collateral action. No
    reporting to the registry shall occur and no hearing shall
    be set or proceed if an employee notifies the Inspector
    General in writing, including any supporting
    documentation, that he or she is formally contesting an
    adverse employment action resulting from a substantiated
    finding by complaint filed with the Illinois Civil Service
    Commission, or which otherwise seeks to enforce the
    employee's rights pursuant to any applicable collective
    bargaining agreement. If an action taken by an employer
    against an employee as a result of a finding of physical
    abuse, sexual abuse, or egregious neglect is overturned
    through an action filed with the Illinois Civil Service
    Commission or under any applicable collective bargaining
    agreement and if that employee's name has already been sent
    to the registry, the employee's name shall be removed from
    the registry.
        (6) Removal from registry. At any time after the report
    to the registry, but no more than once in any 12-month
    period, an employee may petition the Department in writing
    to remove his or her name from the registry. Upon receiving
    notice of such request, the Inspector General shall conduct
    an investigation into the petition. Upon receipt of such
    request, an administrative hearing will be set by the
    Department. At the hearing, the employee shall bear the
    burden of presenting evidence that establishes, by a
    preponderance of the evidence, that removal of the name
    from the registry is in the public interest. The parties
    may jointly request that the administrative law judge
    consider a stipulated disposition of these proceedings.
    (t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving health care
worker registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
    (u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed
of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall
appoint a successor for the remainder of the unexpired term.
    Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or a parent of a person with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
    The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
    The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and
abuse. In fulfilling these responsibilities, the Board may do
the following:
        (1) Provide independent, expert consultation to the
    Inspector General on policies and protocols for
    investigations of alleged abuse, neglect, or both abuse and
    neglect.
        (2) Review existing regulations relating to the
    operation of facilities.
        (3) Advise the Inspector General as to the content of
    training activities authorized under this Section.
        (4) Recommend policies concerning methods for
    improving the intergovernmental relationships between the
    Office of the Inspector General and other State or federal
    offices.
    (v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's
investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
    (w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
    (x) Nothing in this Section shall be construed to mean that
a patient is a victim of abuse or neglect because of health
care services appropriately provided or not provided by health
care professionals.
    (y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to a patient in
contravention of that patient's stated or implied objection to
the provision of that service on the ground that that service
conflicts with the patient's religious beliefs or practices,
nor shall the failure to provide a service to a patient be
considered abuse under this Section if the patient has objected
to the provision of that service based on his or her religious
beliefs or practices.
(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14; 99-143,
eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)
 
    (20 ILCS 1305/1-42)
    Sec. 1-42. Department Ambassador. Subject to
appropriation, as part of a pilot program, the Department shall
designate one or more officials or employees to serve as
Department Ambassadors Ambassador. Department Ambassadors
shall serve as a liaison between the Department and the public
and shall have the following duties: (i) to inform the public
about services available through the Department, (ii) to assist
the public in accessing those services, (iii) to review the
Department's methods of disseminating information, and (iv) to
recommend and implement more efficient practices of providing
services and information to the public where possible.
(Source: P.A. 98-1065, eff. 8-26-14; revised 10-19-15.)
 
    Section 85. The Burn Victims Relief Act is amended by
changing Section 15 as follows:
 
    (20 ILCS 1410/15)
    Sec. 15. Rulemaking. The Department of Insurance may adopt
rules to implement the provisions of this Act. In order to
provide for the expeditious and timely implementation of the
provisions of this Act, emergency rules to implement any
provision of this Act may be adopted by the Department in
accordance with subsection (u) (t) of Section 5-45 of the
Illinois Administrative Procedure Act.
(Source: P.A. 99-455, eff. 1-1-16; revised 10-26-15.)
 
    Section 90. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
 
    (20 ILCS 2105/2105-15)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    sexual orientation, or national origin shall be considered
    reputable and in good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities.
        The Department shall issue a monthly disciplinary
    report.
        The Department shall deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    any person who has defaulted on an educational loan or
    scholarship provided by or guaranteed by the Illinois
    Student Assistance Commission or any governmental agency
    of this State; however, the Department may issue a license
    or renewal if the aforementioned persons have established a
    satisfactory repayment record as determined by the
    Illinois Student Assistance Commission or other
    appropriate governmental agency of this State.
    Additionally, beginning June 1, 1996, any license issued by
    the Department may be suspended or revoked if the
    Department, after the opportunity for a hearing under the
    appropriate licensing Act, finds that the licensee has
    failed to make satisfactory repayment to the Illinois
    Student Assistance Commission for a delinquent or
    defaulted loan. For the purposes of this Section,
    "satisfactory repayment record" shall be defined by rule.
        The Department shall refuse to issue or renew a license
    to, or shall suspend or revoke a license of, any person
    who, after receiving notice, fails to comply with a
    subpoena or warrant relating to a paternity or child
    support proceeding. However, the Department may issue a
    license or renewal upon compliance with the subpoena or
    warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to the
    Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Illinois Parentage Act
    of 1984, or the Illinois Parentage Act of 2015.
    Notwithstanding any provisions in this Code to the
    contrary, the Department of Professional Regulation shall
    not be liable under any federal or State law to any person
    for any disclosure of information to the Department of
    Healthcare and Family Services (formerly Illinois
    Department of Public Aid) under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (8.5) To accept continuing education credit for
    mandated reporter training on how to recognize and report
    child abuse offered by the Department of Children and
    Family Services and completed by any person who holds a
    professional license issued by the Department and who is a
    mandated reporter under the Abused and Neglected Child
    Reporting Act. The Department shall adopt any rules
    necessary to implement this paragraph.
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
    (b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
    (f) (Blank).
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department may promulgate rules for the administration
of this subsection (g).
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
    (i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised
10-16-15.)
 
    Section 95. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by setting forth, renumbering, and changing multiple
versions of Section 2310-685 as follows:
 
    (20 ILCS 2310/2310-685)
    Sec. 2310-685. Health care facility; policy to encourage
participation in capital projects.
    (a) A health care facility shall develop a policy to
encourage the participation of minority-owned, women-owned,
veteran-owned, and small business enterprises in capital
projects undertaken by the health care facility.
    (b) A health care system may develop a system-wide policy
in order to comply with the requirement of subsection (a) of
this Section.
    (c) The policy required under this Section must be
developed no later than 6 months after January 1, 2016 (the
effective date of Public Act 99-315) this amendatory Act of the
99th General Assembly.
    (d) This Section does not apply to health care facilities
with 100 or fewer beds, health care facilities located in a
county with a total census population of less than 3,000,000,
or health care facilities owned or operated by a unit of local
government or the State or federal government.
    (e) For the purpose of this Section, "health care facility"
has the same meaning as set forth in the Illinois Health
Facilities Planning Act.
(Source: P.A. 99-315, eff. 1-1-16; revised 9-28-15.)
 
    (20 ILCS 2310/2310-690)
    Sec. 2310-690 2310-685. Cytomegalovirus public education.
    (a) In this Section:
        "CMV" means cytomegalovirus.
        "Health care provider" means any physician, hospital
    facility, or other person that is licensed or otherwise
    authorized to deliver health care services.
    (b) The Department shall develop or approve and publish
informational materials for women who may become pregnant,
expectant parents, and parents of infants regarding:
        (1) the incidence of CMV;
        (2) the transmission of CMV to pregnant women and women
    who may become pregnant;
        (3) birth defects caused by congenital CMV;
        (4) methods of diagnosing congenital CMV; and
        (5) available preventive measures to avoid the
    infection of women who are pregnant or may become pregnant.
    (c) The Department shall publish the information required
under subsection (b) on its Internet website.
    (d) The Department shall publish information to:
        (1) educate women who may become pregnant, expectant
    parents, and parents of infants about CMV; and
        (2) raise awareness of CMV among health care providers
    who provide care to expectant mothers or infants.
    (e) The Department may solicit and accept the assistance of
any relevant medical associations or community resources,
including faith-based resources, to promote education about
CMV under this Section.
    (f) If a newborn infant fails the 2 initial hearing
screenings in the hospital, then the hospital performing that
screening shall provide to the parents of the newborn infant
information regarding: (i) birth defects caused by congenital
CMV; (ii) testing opportunities and options for CMV, including
the opportunity to test for CMV before leaving the hospital;
and (iii) early intervention services. Health care providers
may use the materials developed by the Department for
distribution to parents of newborn infants.
(Source: P.A. 99-424, eff. 1-1-16; revised 9-28-15.)
 
    Section 100. The Disabilities Services Act of 2003 is
amended by changing Section 52 as follows:
 
    (20 ILCS 2407/52)
    Sec. 52. Applicability; definitions. In accordance with
Section 6071 of the Deficit Reduction Act of 2005 (P.L.
109-171), as used in this Article:
    "Departments". The term "Departments" means for the
purposes of this Act, the Department of Human Services, the
Department on Aging, Department of Healthcare and Family
Services and Department of Public Health, unless otherwise
noted.
    "Home and community-based long-term care services". The
term "home and community-based long-term care services" means,
with respect to the State Medicaid program, a service aid, or
benefit, home and community-based services, including, but not
limited to, home health and personal care services, that are
provided to a person with a disability, and are voluntarily
accepted, as part of his or her long-term care that: (i) is
provided under the State's qualified home and community-based
program or that could be provided under such a program but is
otherwise provided under the Medicaid program; (ii) is
delivered in a qualified residence; and (iii) is necessary for
the person with a disability to live in the community.
    "ID/DD community care facility". The term "ID/DD community
care facility", for the purposes of this Article, means a
skilled nursing or intermediate long-term care facility
subject to licensure by the Department of Public Health under
the ID/DD Community Care Act or the MC/DD Act, an intermediate
care facility for persons with developmental disabilities
(ICF-DDs), and a State-operated developmental center or mental
health center, whether publicly or privately owned.
    "Money Follows the Person" Demonstration. Enacted by the
Deficit Reduction Act of 2005, the Money Follows the Person
(MFP) Rebalancing Demonstration is part of a comprehensive,
coordinated strategy to assist states, in collaboration with
stakeholders, to make widespread changes to their long-term
care support systems. This initiative will assist states in
their efforts to reduce their reliance on institutional care
while developing community-based long-term care opportunities,
enabling the elderly and people with disabilities to fully
participate in their communities.
    "Public funds" mean any funds appropriated by the General
Assembly to the Departments of Human Services, on Aging, of
Healthcare and Family Services and of Public Health for
settings and services as defined in this Article.
    "Qualified residence". The term "qualified residence"
means, with respect to an eligible individual: (i) a home owned
or leased by the individual or the individual's authorized
representative (as defined by P.L. 109-171); (ii) an apartment
with an individual lease, with lockable access and egress, and
which includes living, sleeping, bathing, and cooking areas
over which the individual or the individual's family has domain
and control; or (iii) a residence, in a community-based
residential setting, in which no more than 4 unrelated
individuals reside. Where qualified residences are not
sufficient to meet the demand of eligible individuals,
time-limited exceptions to this definition may be developed
through administrative rule.
    "Self-directed services". The term "self-directed
services" means, with respect to home and community-based
long-term services for an eligible individual, those services
for the individual that are planned and purchased under the
direction and control of the individual or the individual's
authorized representative, including the amount, duration,
scope, provider, and location of such services, under the State
Medicaid program consistent with the following requirements:
        (a) Assessment: there is an assessment of the needs,
    capabilities, and preference of the individual with
    respect to such services.
        (b) Individual service care or treatment plan: based on
    the assessment, there is development jointly with such
    individual or individual's authorized representative, a
    plan for such services for the individual that (i)
    specifies those services, if any, that the individual or
    the individual's authorized representative would be
    responsible for directing; (ii) identifies the methods by
    which the individual or the individual's authorized
    representative or an agency designated by an individual or
    representative will select, manage, and dismiss providers
    of such services.
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
revised 11-3-15.)
 
    Section 105. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement and sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have
    the meanings set forth in this subsection, except when a
    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings
        ascribed to them in the Unified Code of Corrections,
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by 730 ILCS
        5/5-1-3) brought against a defendant where the
        defendant is not arrested prior to or as a direct
        result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, rendered by
        a legally constituted jury or by a court of competent
        jurisdiction authorized to try the case without a jury.
        An order of supervision successfully completed by the
        petitioner is not a conviction. An order of qualified
        probation (as defined in subsection (a)(1)(J))
        successfully completed by the petitioner is not a
        conviction. An order of supervision or an order of
        qualified probation that is terminated
        unsatisfactorily is a conviction, unless the
        unsatisfactory termination is reversed, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged shall be impounded
        as required by subsections (d)(9)(A)(ii) and
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means
        the sentence, order of supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple sentences, orders of supervision, or orders
        of qualified probation terminate on the same day and
        are last in time, they shall be collectively considered
        the "last sentence" regardless of whether they were
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner was
        charged or for which the petitioner was arrested and
        released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief under
        this Section.
            (J) "Qualified probation" means an order of
        probation under Section 10 of the Cannabis Control Act,
        Section 410 of the Illinois Controlled Substances Act,
        Section 70 of the Methamphetamine Control and
        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
        of the Unified Code of Corrections, Section
        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
        those provisions existed before their deletion by
        Public Act 89-313), Section 10-102 of the Illinois
        Alcoholism and Other Drug Dependency Act, Section
        40-10 of the Alcoholism and Other Drug Abuse and
        Dependency Act, or Section 10 of the Steroid Control
        Act. For the purpose of this Section, "successful
        completion" of an order of qualified probation under
        Section 10-102 of the Illinois Alcoholism and Other
        Drug Dependency Act and Section 40-10 of the Alcoholism
        and Other Drug Abuse and Dependency Act means that the
        probation was terminated satisfactorily and the
        judgment of conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit court
        clerk under Section 16 of the Clerks of Courts Act, but
        any index issued by the circuit court clerk before the
        entry of the order to seal shall not be affected.
            (L) "Sexual offense committed against a minor"
        includes but is not limited to the offenses of indecent
        solicitation of a child or criminal sexual abuse when
        the victim of such offense is under 18 years of age.
            (M) "Terminate" as it relates to a sentence or
        order of supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
    of this Section, the court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (ii)
        Section 11-501 of the Illinois Vehicle Code or a
        similar provision of a local ordinance; or (iii)
        Section 11-503 of the Illinois Vehicle Code or a
        similar provision of a local ordinance, unless the
        arrest or charge is for a misdemeanor violation of
        subsection (a) of Section 11-503 or a similar provision
        of a local ordinance, that occurred prior to the
        offender reaching the age of 25 years and the offender
        has no other conviction for violating Section 11-501 or
        11-503 of the Illinois Vehicle Code or a similar
        provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision or a conviction for the following
        offenses:
                (i) offenses included in Article 11 of the
            Criminal Code of 1961 or the Criminal Code of 2012
            or a similar provision of a local ordinance, except
            Section 11-14 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
            26-5, or 48-1 of the Criminal Code of 1961 or the
            Criminal Code of 2012, or a similar provision of a
            local ordinance;
                (iii) Sections 12-3.1 or 12-3.2 of the
            Criminal Code of 1961 or the Criminal Code of 2012,
            or Section 125 of the Stalking No Contact Order
            Act, or Section 219 of the Civil No Contact Order
            Act, or a similar provision of a local ordinance;
                (iv) offenses which are Class A misdemeanors
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) the sealing of the records of an arrest which
        results in the petitioner being charged with a felony
        offense or records of a charge not initiated by arrest
        for a felony offense unless:
                (i) the charge is amended to a misdemeanor and
            is otherwise eligible to be sealed pursuant to
            subsection (c);
                (ii) the charge is brought along with another
            charge as a part of one case and the charge results
            in acquittal, dismissal, or conviction when the
            conviction was reversed or vacated, and another
            charge brought in the same case results in a
            disposition for a misdemeanor offense that is
            eligible to be sealed pursuant to subsection (c) or
            a disposition listed in paragraph (i), (iii), or
            (iv) of this subsection;
                (iii) the charge results in first offender
            probation as set forth in subsection (c)(2)(E);
                (iv) the charge is for a felony offense listed
            in subsection (c)(2)(F) or the charge is amended to
            a felony offense listed in subsection (c)(2)(F);
                (v) the charge results in acquittal,
            dismissal, or the petitioner's release without
            conviction; or
                (vi) the charge results in a conviction, but
            the conviction was reversed or vacated.
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when:
            (A) He or she has never been convicted of a
        criminal offense; and
            (B) Each arrest or charge not initiated by arrest
        sought to be expunged resulted in: (i) acquittal,
        dismissal, or the petitioner's release without
        charging, unless excluded by subsection (a)(3)(B);
        (ii) a conviction which was vacated or reversed, unless
        excluded by subsection (a)(3)(B); (iii) an order of
        supervision and such supervision was successfully
        completed by the petitioner, unless excluded by
        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
        qualified probation (as defined in subsection
        (a)(1)(J)) and such probation was successfully
        completed by the petitioner.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code or a
            similar provision of a local ordinance, or under
            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
            Code of 1961 or the Criminal Code of 2012, or a
            similar provision of a local ordinance, shall not
            be eligible for expungement until 5 years have
            passed following the satisfactory termination of
            the supervision.
                (i-5) Those arrests or charges that resulted
            in orders of supervision for a misdemeanor
            violation of subsection (a) of Section 11-503 of
            the Illinois Vehicle Code or a similar provision of
            a local ordinance, that occurred prior to the
            offender reaching the age of 25 years and the
            offender has no other conviction for violating
            Section 11-501 or 11-503 of the Illinois Vehicle
            Code or a similar provision of a local ordinance
            shall not be eligible for expungement until the
            petitioner has reached the age of 25 years.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) Those records maintained by the Department for
    persons arrested prior to their 17th birthday shall be
    expunged as provided in Section 5-915 of the Juvenile Court
    Act of 1987.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she has stolen or otherwise come into
    possession of, the aggrieved person from whom the identity
    was stolen or otherwise obtained without authorization,
    upon learning of the person having been arrested using his
    or her identity, may, upon verified petition to the chief
    judge of the circuit wherein the arrest was made, have a
    court order entered nunc pro tunc by the Chief Judge to
    correct the arrest record, conviction record, if any, and
    all official records of the arresting authority, the
    Department, other criminal justice agencies, the
    prosecutor, and the trial court concerning such arrest, if
    any, by removing his or her name from all such records in
    connection with the arrest and conviction, if any, and by
    inserting in the records the name of the offender, if known
    or ascertainable, in lieu of the aggrieved's name. The
    records of the circuit court clerk shall be sealed until
    further order of the court upon good cause shown and the
    name of the aggrieved person obliterated on the official
    index required to be kept by the circuit court clerk under
    Section 16 of the Clerks of Courts Act, but the order shall
    not affect any index issued by the circuit court clerk
    before the entry of the order. Nothing in this Section
    shall limit the Department of State Police or other
    criminal justice agencies or prosecutors from listing
    under an offender's name the false names he or she has
    used.
        (5) Whenever a person has been convicted of criminal
    sexual assault, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual abuse, or aggravated criminal sexual abuse, the
    victim of that offense may request that the State's
    Attorney of the county in which the conviction occurred
    file a verified petition with the presiding trial judge at
    the petitioner's trial to have a court order entered to
    seal the records of the circuit court clerk in connection
    with the proceedings of the trial court concerning that
    offense. However, the records of the arresting authority
    and the Department of State Police concerning the offense
    shall not be sealed. The court, upon good cause shown,
    shall make the records of the circuit court clerk in
    connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct review
    or on collateral attack and the court determines by clear
    and convincing evidence that the petitioner was factually
    innocent of the charge, the court that finds the petitioner
    factually innocent of the charge shall enter an expungement
    order for the conviction for which the petitioner has been
    determined to be innocent as provided in subsection (b) of
    Section 5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the
    Department of State Police from maintaining all records of
    any person who is admitted to probation upon terms and
    conditions and who fulfills those terms and conditions
    pursuant to Section 10 of the Cannabis Control Act, Section
    410 of the Illinois Controlled Substances Act, Section 70
    of the Methamphetamine Control and Community Protection
    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
    Corrections, Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05 of the Criminal Code of 1961 or the
    Criminal Code of 2012, Section 10-102 of the Illinois
    Alcoholism and Other Drug Dependency Act, Section 40-10 of
    the Alcoholism and Other Drug Abuse and Dependency Act, or
    Section 10 of the Steroid Control Act.
        (8) If the petitioner has been granted a certificate of
    innocence under Section 2-702 of the Code of Civil
    Procedure, the court that grants the certificate of
    innocence shall also enter an order expunging the
    conviction for which the petitioner has been determined to
    be innocent as provided in subsection (h) of Section 2-702
    of the Code of Civil Procedure.
    (c) Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement of criminal records, this subsection
    authorizes the sealing of criminal records of adults and of
    minors prosecuted as adults.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision, including orders
        of supervision for municipal ordinance violations,
        successfully completed by the petitioner, unless
        excluded by subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions, including convictions on
        municipal ordinance violations, unless excluded by
        subsection (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender probation under
        Section 10 of the Cannabis Control Act, Section 410 of
        the Illinois Controlled Substances Act, Section 70 of
        the Methamphetamine Control and Community Protection
        Act, or Section 5-6-3.3 of the Unified Code of
        Corrections; and
            (F) Arrests or charges not initiated by arrest
        resulting in felony convictions for the following
        offenses:
                (i) Class 4 felony convictions for:
                    Prostitution under Section 11-14 of the
                Criminal Code of 1961 or the Criminal Code of
                2012.
                    Possession of cannabis under Section 4 of
                the Cannabis Control Act.
                    Possession of a controlled substance under
                Section 402 of the Illinois Controlled
                Substances Act.
                    Offenses under the Methamphetamine
                Precursor Control Act.
                    Offenses under the Steroid Control Act.
                    Theft under Section 16-1 of the Criminal
                Code of 1961 or the Criminal Code of 2012.
                    Retail theft under Section 16A-3 or
                paragraph (a) of 16-25 of the Criminal Code of
                1961 or the Criminal Code of 2012.
                    Deceptive practices under Section 17-1 of
                the Criminal Code of 1961 or the Criminal Code
                of 2012.
                    Forgery under Section 17-3 of the Criminal
                Code of 1961 or the Criminal Code of 2012.
                    Possession of burglary tools under Section
                19-2 of the Criminal Code of 1961 or the
                Criminal Code of 2012.
            (ii) Class 3 felony convictions for:
                    Theft under Section 16-1 of the Criminal
                Code of 1961 or the Criminal Code of 2012.
                    Retail theft under Section 16A-3 or
                paragraph (a) of 16-25 of the Criminal Code of
                1961 or the Criminal Code of 2012.
                    Deceptive practices under Section 17-1 of
                the Criminal Code of 1961 or the Criminal Code
                of 2012.
                    Forgery under Section 17-3 of the Criminal
                Code of 1961 or the Criminal Code of 2012.
                    Possession with intent to manufacture or
                deliver a controlled substance under Section
                401 of the Illinois Controlled Substances Act.
        (3) When Records Are Eligible to Be Sealed. Records
    identified as eligible under subsection (c)(2) may be
    sealed as follows:
            (A) Records identified as eligible under
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
        time.
            (B) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsection (c)(2)(C) may be sealed 2
        years after the termination of petitioner's last
        sentence (as defined in subsection (a)(1)(F)).
            (C) Except as otherwise provided in subparagraph
        (E) of this paragraph (3), records identified as
        eligible under subsections (c)(2)(D), (c)(2)(E), and
        (c)(2)(F) may be sealed 3 years after the termination
        of the petitioner's last sentence (as defined in
        subsection (a)(1)(F)).
            (D) Records identified in subsection
        (a)(3)(A)(iii) may be sealed after the petitioner has
        reached the age of 25 years.
            (E) Records identified as eligible under
        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
        (c)(2)(F) may be sealed upon termination of the
        petitioner's last sentence if the petitioner earned a
        high school diploma, associate's degree, career
        certificate, vocational technical certification, or
        bachelor's degree, or passed the high school level Test
        of General Educational Development, during the period
        of his or her sentence, aftercare release, or mandatory
        supervised release. This subparagraph shall apply only
        to a petitioner who has not completed the same
        educational goal prior to the period of his or her
        sentence, aftercare release, or mandatory supervised
        release. If a petition for sealing eligible records
        filed under this subparagraph is denied by the court,
        the time periods under subparagraph (B) or (C) shall
        apply to any subsequent petition for sealing filed by
        the petitioner.
        (4) Subsequent felony convictions. A person may not
    have subsequent felony conviction records sealed as
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent felony
    offense, order the unsealing of prior felony conviction
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for the
    sealing of the records.
    (d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
        (1) Filing the petition. Upon becoming eligible to
    petition for the expungement or sealing of records under
    this Section, the petitioner shall file a petition
    requesting the expungement or sealing of records with the
    clerk of the court where the arrests occurred or the
    charges were brought, or both. If arrests occurred or
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, if not waived.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), the identity of
    the arresting authority, and such other information as the
    court may require. During the pendency of the proceeding,
    the petitioner shall promptly notify the circuit court
    clerk of any change of his or her address. If the
    petitioner has received a certificate of eligibility for
    sealing from the Prisoner Review Board under paragraph (10)
    of subsection (a) of Section 3-3-2 of the Unified Code of
    Corrections, the certificate shall be attached to the
    petition.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control Act if he or she
    is petitioning to:
            (A) seal felony records under clause (c)(2)(E);
            (B) seal felony records for a violation of the
        Illinois Controlled Substances Act, the
        Methamphetamine Control and Community Protection Act,
        or the Cannabis Control Act under clause (c)(2)(F);
            (C) seal felony records under subsection (e-5); or
            (D) expunge felony records of a qualified
        probation under clause (b)(1)(B)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition and documentation to
    support the petition under subsection (e-5) or (e-6) on the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, the Department of State Police,
    the arresting agency and the chief legal officer of the
    unit of local government effecting the arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the basis
        of the objection. Whenever a person who has been
        convicted of an offense is granted a pardon by the
        Governor which specifically authorizes expungement, an
        objection to the petition may not be filed.
            (B) Objections to a petition to expunge or seal
        must be filed within 60 days of the date of service of
        the petition.
        (6) Entry of order.
            (A) The Chief Judge of the circuit wherein the
        charge was brought, any judge of that circuit
        designated by the Chief Judge, or in counties of less
        than 3,000,000 inhabitants, the presiding trial judge
        at the petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Department of State Police, the arresting agency, or
        the chief legal officer files an objection to the
        petition to expunge or seal within 60 days from the
        date of service of the petition, the court shall enter
        an order granting or denying the petition.
        (7) Hearings. If an objection is filed, the court shall
    set a date for a hearing and notify the petitioner and all
    parties entitled to notice of the petition of the hearing
    date at least 30 days prior to the hearing. Prior to the
    hearing, the State's Attorney shall consult with the
    Department as to the appropriateness of the relief sought
    in the petition to expunge or seal. At the hearing, the
    court shall hear evidence on whether the petition should or
    should not be granted, and shall grant or deny the petition
    to expunge or seal the records based on the evidence
    presented at the hearing. The court may consider the
    following:
            (A) the strength of the evidence supporting the
        defendant's conviction;
            (B) the reasons for retention of the conviction
        records by the State;
            (C) the petitioner's age, criminal record history,
        and employment history;
            (D) the period of time between the petitioner's
        arrest on the charge resulting in the conviction and
        the filing of the petition under this Section; and
            (E) the specific adverse consequences the
        petitioner may be subject to if the petition is denied.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Department, in a form and manner
    prescribed by the Department, to the petitioner, to the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, to the arresting agency, to the
    chief legal officer of the unit of local government
    effecting the arrest, and to such other criminal justice
    agencies as may be ordered by the court.
        (9) Implementation of order.
            (A) Upon entry of an order to expunge records
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Department, and any other agency as ordered by
            the court, within 60 days of the date of service of
            the order, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Department, or the agency
            receiving such inquiry, shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B) Upon entry of an order to expunge records
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for such records
            from anyone not authorized by law to access such
            records, the court, the Department, or the agency
            receiving such inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B-5) Upon entry of an order to expunge records
        under subsection (e-6):
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed under paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            under paragraph (12) of subsection (d) of this
            Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for these records
            from anyone not authorized by law to access the
            records, the court, the Department, or the agency
            receiving the inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Department, and the court
        shall seal the records (as defined in subsection
        (a)(1)(K)). In response to an inquiry for such records,
        from anyone not authorized by law to access such
        records, the court, the Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
            (D) The Department shall send written notice to the
        petitioner of its compliance with each order to expunge
        or seal records within 60 days of the date of service
        of that order or, if a motion to vacate, modify, or
        reconsider is filed, within 60 days of service of the
        order resolving the motion, if that order requires the
        Department to expunge or seal records. In the event of
        an appeal from the circuit court order, the Department
        shall send written notice to the petitioner of its
        compliance with an Appellate Court or Supreme Court
        judgment to expunge or seal records within 60 days of
        the issuance of the court's mandate. The notice is not
        required while any motion to vacate, modify, or
        reconsider, or any appeal or petition for
        discretionary appellate review, is pending.
        (10) Fees. The Department may charge the petitioner a
    fee equivalent to the cost of processing any order to
    expunge or seal records. Notwithstanding any provision of
    the Clerks of Courts Act to the contrary, the circuit court
    clerk may charge a fee equivalent to the cost associated
    with the sealing or expungement of records by the circuit
    court clerk. From the total filing fee collected for the
    petition to seal or expunge, the circuit court clerk shall
    deposit $10 into the Circuit Court Clerk Operation and
    Administrative Fund, to be used to offset the costs
    incurred by the circuit court clerk in performing the
    additional duties required to serve the petition to seal or
    expunge on all parties. The circuit court clerk shall
    collect and forward the Department of State Police portion
    of the fee to the Department and it shall be deposited in
    the State Police Services Fund.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. Under
    Section 2-1203 of the Code of Civil Procedure, the
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or seal within 60 days
    of service of the order. If filed more than 60 days after
    service of the order, a petition to vacate, modify, or
    reconsider shall comply with subsection (c) of Section
    2-1401 of the Code of Civil Procedure. Upon filing of a
    motion to vacate, modify, or reconsider, notice of the
    motion shall be served upon the petitioner and all parties
    entitled to notice of the petition.
        (13) Effect of Order. An order granting a petition
    under the expungement or sealing provisions of this Section
    shall not be considered void because it fails to comply
    with the provisions of this Section or because of any error
    asserted in a motion to vacate, modify, or reconsider. The
    circuit court retains jurisdiction to determine whether
    the order is voidable and to vacate, modify, or reconsider
    its terms based on a motion filed under paragraph (12) of
    this subsection (d).
        (14) Compliance with Order Granting Petition to Seal
    Records. Unless a court has entered a stay of an order
    granting a petition to seal, all parties entitled to notice
    of the petition must fully comply with the terms of the
    order within 60 days of service of the order even if a
    party is seeking relief from the order through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order.
        (15) Compliance with Order Granting Petition to
    Expunge Records. While a party is seeking relief from the
    order granting the petition to expunge through a motion
    filed under paragraph (12) of this subsection (d) or is
    appealing the order, and unless a court has entered a stay
    of that order, the parties entitled to notice of the
    petition must seal, but need not expunge, the records until
    there is a final order on the motion for relief or, in the
    case of an appeal, the issuance of that court's mandate.
        (16) The changes to this subsection (d) made by Public
    Act 98-163 apply to all petitions pending on August 5, 2013
    (the effective date of Public Act 98-163) and to all orders
    ruling on a petition to expunge or seal on or after August
    5, 2013 (the effective date of Public Act 98-163).
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
    (e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
    (e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
    (f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
99-385, eff. 1-1-16; revised 10-15-15.)
 
    Section 110. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-565 and 2705-605 as follows:
 
    (20 ILCS 2705/2705-565)
    Sec. 2705-565. North Chicago property; study; conveyance.
    (a) The Department shall perform a study of property owned
by the Department consisting of approximately 160 acres located
in North Chicago, south of IL Route 137, between IL Route 43
and US Route 41. The study shall include, but not be limited
to, a survey of the property for the purpose of delineating
jurisdictional wetlands in accordance with the Interagency
Wetland Policy Act of 1989 and identifying threatened and
endangered species in accordance with the Illinois Endangered
Species Protection Act, for the purpose of identifying property
no longer needed for highway purposes.
    (b) Upon completion of the study and for a period ending 3
years after the effective date of this amendatory Act of the
94th General Assembly, the City of North Chicago shall have an
exclusive option to purchase for public purposes those portions
of the property no longer needed for highway purposes for a
consideration, which may be de minimis minimus, negotiated by
the parties. The Department of Transportation is authorized to
convey the excess property to the City of North Chicago
pursuant to this Section within 3 years after the effective
date of this amendatory Act of the 94th General Assembly, but
may not otherwise convey or transfer the property during that
period.
    (c) Any conveyance to the City of North Chicago under this
Section shall provide (i) that title to the property reverts to
the State of Illinois if the property ceases to be used for
public purposes and (ii) the City of North Chicago may lease
the property but may not convey its ownership of the property
to any party, other than the State of Illinois.
(Source: P.A. 94-1045, eff. 7-24-06; revised 10-19-15.)
 
    (20 ILCS 2705/2705-605)
    Sec. 2705-605. Construction projects; notification of the
public.
    (a) The Department shall develop and publish a policy for
the notification of members of the public prior to the
commencement of construction projects which impact their
communities. The policy shall include procedures for ensuring
that the public is informed of construction projects, excluding
emergency projects, which are estimated to require the closure
of a street or lane of traffic for a period longer than 5
consecutive business days. The policy shall include procedures
for the notification of local public officials and affected
businesses of affected communities and shall provide the local
public officials the opportunity to request a meeting with the
Department prior to the initiation of the closure.
    (b) The policy shall be completed and published on the
Department's Internet website by January 1, 2013.
    (c) The Department shall work with affected stakeholders,
including residents, businesses, and other community members,
before and during construction by considering various methods
to mitigate and reduce project impacts to better serve those
directly impacted by the improvement. Those methods could
include, but need not be limited to, detour routing and
temporary signage.
(Source: P.A. 97-992, eff. 1-1-13; 98-412, eff. 1-1-14; revised
10-19-15.)
 
    Section 115. The Department of Veterans Affairs Act is
amended by changing Section 2.01 as follows:
 
    (20 ILCS 2805/2.01)  (from Ch. 126 1/2, par. 67.01)
    Sec. 2.01. Veterans Home admissions.
    (a) Any honorably discharged veteran is entitled to
admission to an Illinois Veterans Home if the applicant meets
the requirements of this Section.
    (b) The veteran must:
        (1) have served in the armed forces of the United
    States at least 1 day in World War II, the Korean Conflict,
    the Viet Nam Campaign, or the Persian Gulf Conflict between
    the dates recognized by the U.S. Department of Veterans
    Affairs or between any other present or future dates
    recognized by the U.S. Department of Veterans Affairs as a
    war period, or have served in a hostile fire environment
    and has been awarded a campaign or expeditionary medal
    signifying his or her service, for purposes of eligibility
    for domiciliary or nursing home care;
        (2) have served and been honorably discharged or
    retired from the armed forces of the United States for a
    service connected disability or injury, for purposes of
    eligibility for domiciliary or nursing home care;
        (3) have served as an enlisted person at least 90 days
    on active duty in the armed forces of the United States,
    excluding service on active duty for training purposes
    only, and entered active duty before September 8, 1980, for
    purposes of eligibility for domiciliary or nursing home
    care;
        (4) have served as an officer at least 90 days on
    active duty in the armed forces of the United States,
    excluding service on active duty for training purposes
    only, and entered active duty before October 17, 1981, for
    purposes of eligibility for domiciliary or nursing home
    care;
        (5) have served on active duty in the armed forces of
    the United States for 24 months of continuous service or
    more, excluding active duty for training purposes only, and
    enlisted after September 7, 1980, for purposes of
    eligibility for domiciliary or nursing home care;
        (6) have served as a reservist in the armed forces of
    the United States or the National Guard and the service
    included being called to federal active duty, excluding
    service on active duty for training purposes only, and who
    completed the term, for purposes of eligibility for
    domiciliary or nursing home care;
        (7) have been discharged for reasons of hardship or
    released from active duty due to a reduction in the United
    States armed forces prior to the completion of the required
    period of service, regardless of the actual time served,
    for purposes of eligibility for domiciliary or nursing home
    care; or
        (8) have served in the National Guard or Reserve Forces
    of the United States and completed 20 years of satisfactory
    service, be otherwise eligible to receive reserve or active
    duty retirement benefits, and have been an Illinois
    resident for at least one year before applying for
    admission for purposes of eligibility for domiciliary care
    only.
    (c) The veteran must have service accredited to the State
of Illinois or have been a resident of this State for one year
immediately preceding the date of application.
    (d) For admission to the Illinois Veterans Homes at Anna
and Quincy, the veteran must have developed a disability by
disease, wounds, or otherwise and because of the disability be
incapable of earning a living.
    (e) For admission to the Illinois Veterans Homes at LaSalle
and Manteno, the veteran must have developed a disability by
disease, wounds, or otherwise and, for purposes of eligibility
for nursing home care, require nursing care because of the
disability.
    (f) An individual who served during a time of conflict as
set forth in paragraph (1) of subsection (b) subsection (a)(1)
of this Section has preference over all other qualifying
candidates, for purposes of eligibility for domiciliary or
nursing home care at any Illinois Veterans Home.
    (g) A veteran or spouse, once admitted to an Illinois
Veterans Home facility, is considered a resident for
interfacility purposes.
(Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15;
revised 10-19-15.)
 
    Section 120. The Historic Preservation Agency Act is
amended by changing Section 16 as follows:
 
    (20 ILCS 3405/16)  (from Ch. 127, par. 2716)
    Sec. 16. The Historic Sites and Preservation Division of
the Agency shall have the following additional powers:
    (a) To hire agents and employees necessary to carry out the
duties and purposes of the Historic Sites and Preservation
Division of the Agency.
    (b) To take all measures necessary to erect, maintain,
preserve, restore, and conserve all State Historic Sites and
State Memorials, except when supervision and maintenance is
otherwise provided by law. This authorization includes the
power, with the consent of the Board, to enter into contracts,
acquire and dispose of real and personal property, and enter
into leases of real and personal property. The Agency has the
power to acquire, for purposes authorized by law, any real
property in fee simple subject to a life estate in the seller
in not more than 3 acres of the real property acquired, subject
to the restrictions that the life estate shall be used for
residential purposes only and that it shall be
non-transferable.
    (c) To provide recreational facilities, including
campsites camp sites, lodges and cabins, trails, picnic areas,
and related recreational facilities, at all sites under the
jurisdiction of the Agency.
    (d) To lay out, construct, and maintain all needful roads,
parking areas, paths or trails, bridges, camp or lodge sites,
picnic areas, lodges and cabins, and any other structures and
improvements necessary and appropriate in any State historic
site or easement thereto; and to provide water supplies, heat
and light, and sanitary facilities for the public and living
quarters for the custodians and keepers of State historic
sites.
    (e) To grant licenses and rights-of-way within the areas
controlled by the Historic Sites and Preservation Division of
the Agency for the construction, operation, and maintenance
upon, under or across the property, of facilities for water,
sewage, telephone, telegraph, electric, gas, or other public
service, subject to the terms and conditions as may be
determined by the Agency.
    (f) To authorize the officers, employees, and agents of the
Historic Sites and Preservation Division of the Agency, for the
purposes of investigation and to exercise the rights, powers,
and duties vested and that may be vested in it, to enter and
cross all lands and waters in this State, doing no damage to
private property.
    (g) To transfer jurisdiction of or exchange any realty
under the control of the Historic Sites and Preservation
Division of the Agency to any other Department of the State
Government, or to any agency of the Federal Government, or to
acquire or accept Federal lands, when any transfer, exchange,
acquisition, or acceptance is advantageous to the State and is
approved in writing by the Governor.
    (h) To erect, supervise, and maintain all public monuments
and memorials erected by the State, except when the supervision
and maintenance of public monuments and memorials is otherwise
provided by law.
    (i) To accept, hold, maintain, and administer, as trustee,
property given in trust for educational or historic purposes
for the benefit of the People of the State of Illinois and to
dispose, with the consent of the Board, of any property under
the terms of the instrument creating the trust.
    (j) To lease concessions on any property under the
jurisdiction of the Agency for a period not exceeding 25 years
and to lease a concession complex at Lincoln's New Salem State
Historic Site for which a cash incentive has been authorized
under Section 5.1 of the Historic Preservation Agency Act for a
period not to exceed 40 years. All leases, for whatever period,
shall be made subject to the written approval of the Governor.
All concession leases extending for a period in excess of 10
years, will contain provisions for the Agency to participate,
on a percentage basis, in the revenues generated by any
concession operation.
    The Agency is authorized to allow for provisions for a
reserve account and a leasehold account within Agency
concession lease agreements for the purpose of setting aside
revenues for the maintenance, rehabilitation, repair,
improvement, and replacement of the concession facility,
structure, and equipment of the Agency that are part of the
leased premises.
    The lessee shall be required to pay into the reserve
account a percentage of gross receipts, as set forth in the
lease, to be set aside and expended in a manner acceptable to
the Agency by the concession lessee for the purpose of ensuring
that an appropriate amount of the lessee's moneys are provided
by the lessee to satisfy the lessee's incurred responsibilities
for the operation of the concession facility under the terms
and conditions of the concession lease.
    The lessee account shall allow for the amortization of
certain authorized expenses that are incurred by the concession
lessee but that are not an obligation of the lessee under the
terms and conditions of the lease agreement. The Agency may
allow a reduction of up to 50% of the monthly rent due for the
purpose of enabling the recoupment of the lessee's authorized
expenditures during the term of the lease.
    (k) To sell surplus agricultural products grown on land
owned by or under the jurisdiction of the Historic Sites and
Preservation Division of the Agency, when the products cannot
be used by the Agency.
    (l) To enforce the laws of the State and the rules and
regulations of the Agency in or on any lands owned, leased, or
managed by the Historic Sites and Preservation Division of the
Agency.
    (m) To cooperate with private organizations and agencies of
the State of Illinois by providing areas and the use of staff
personnel where feasible for the sale of publications on the
historic and cultural heritage of the State and craft items
made by Illinois craftsmen. These sales shall not conflict with
existing concession agreements. The Historic Sites and
Preservation Division of the Agency is authorized to negotiate
with the organizations and agencies for a portion of the monies
received from sales to be returned to the Historic Sites and
Preservation Division of the Agency's Historic Sites Fund for
the furtherance of interpretive and restoration programs.
    (n) To establish local bank or savings and loan association
accounts, upon the written authorization of the Director, to
temporarily hold income received at any of its properties. The
local accounts established under this Section shall be in the
name of the Historic Preservation Agency and shall be subject
to regular audits. The balance in a local bank or savings and
loan association account shall be forwarded to the Agency for
deposit with the State Treasurer on Monday of each week if the
amount to be deposited in a fund exceeds $500.
    No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established under Section 6 of
the Public Funds Investment Act.
    (o) To accept, with the consent of the Board, offers of
gifts, gratuities, or grants from the federal government, its
agencies, or offices, or from any person, firm, or corporation.
    (p) To make reasonable rules and regulations as may be
necessary to discharge the duties of the Agency.
    (q) With appropriate cultural organizations, to further
and advance the goals of the Agency.
    (r) To make grants for the purposes of planning, survey,
rehabilitation, restoration, reconstruction, landscaping, and
acquisition of Illinois properties (i) designated individually
in the National Register of Historic Places, (ii) designated as
a landmark under a county or municipal landmark ordinance, or
(iii) located within a National Register of Historic Places
historic district or a locally designated historic district
when the Director determines that the property is of historic
significance whenever an appropriation is made therefor by the
General Assembly or whenever gifts or grants are received for
that purpose and to promulgate regulations as may be necessary
or desirable to carry out the purposes of the grants.
    Grantees may, as prescribed by rule, be required to provide
matching funds for each grant. Grants made under this
subsection shall be known as Illinois Heritage Grants.
    Every owner of a historic property, or the owner's agent,
is eligible to apply for a grant under this subsection.
    (s) To establish and implement a pilot program for charging
admission to State historic sites. Fees may be charged for
special events, admissions, and parking or any combination;
fees may be charged at all sites or selected sites. All fees
shall be deposited into the Illinois Historic Sites Fund. The
Historic Sites and Preservation Division of the Agency shall
have the discretion to set and adjust reasonable fees at the
various sites, taking into consideration various factors,
including, but not limited to: cost of services furnished to
each visitor, impact of fees on attendance and tourism, and the
costs expended collecting the fees. The Agency shall keep
careful records of the income and expenses resulting from the
imposition of fees, shall keep records as to the attendance at
each historic site, and shall report to the Governor and
General Assembly by January 31 after the close of each year.
The report shall include information on costs, expenses,
attendance, comments by visitors, and any other information the
Agency may believe pertinent, including:
        (1) Recommendations as to whether fees should be
    continued at each State historic site.
        (2) How the fees should be structured and imposed.
        (3) Estimates of revenues and expenses associated with
    each site.
    (t) To provide for overnight tent and trailer campsites and
to provide suitable housing facilities for student and juvenile
overnight camping groups. The Historic Sites and Preservation
Division of the Agency shall charge rates similar to those
charged by the Department of Conservation for the same or
similar facilities and services.
    (u) To engage in marketing activities designed to promote
the sites and programs administered by the Agency. In
undertaking these activities, the Agency may take all necessary
steps with respect to products and services, including, but not
limited to, retail sales, wholesale sales, direct marketing,
mail order sales, telephone sales, advertising and promotion,
purchase of product and materials inventory, design, printing
and manufacturing of new products, reproductions, and
adaptations, copyright and trademark licensing and royalty
agreements, and payment of applicable taxes. In addition, the
Agency shall have the authority to sell advertising in its
publications and printed materials. All income from marketing
activities shall be deposited into the Illinois Historic Sites
Fund.
(Source: P.A. 95-140, eff. 1-1-08; revised 10-14-15.)
 
    Section 125. The Illinois Health Information Exchange and
Technology Act is amended by changing Section 20 as follows:
 
    (20 ILCS 3860/20)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 20. Powers and duties of the Illinois Health
Information Exchange Authority. The Authority has the
following powers, together with all powers incidental or
necessary to accomplish the purposes of this Act:
        (1) The Authority shall create and administer the ILHIE
    using information systems and processes that are secure,
    are cost effective, and meet all other relevant privacy and
    security requirements under State and federal law.
        (2) The Authority shall establish and adopt standards
    and requirements for the use of health information and the
    requirements for participation in the ILHIE by persons or
    entities including, but not limited to, health care
    providers, payors, and local health information exchanges.
        (3) The Authority shall establish minimum standards
    for accessing the ILHIE to ensure that the appropriate
    security and privacy protections apply to health
    information, consistent with applicable federal and State
    standards and laws. The Authority shall have the power to
    suspend, limit, or terminate the right to participate in
    the ILHIE for non-compliance or failure to act, with
    respect to applicable standards and laws, in the best
    interests of patients, users of the ILHIE, or the public.
    The Authority may seek all remedies allowed by law to
    address any violation of the terms of participation in the
    ILHIE.
        (4) The Authority shall identify barriers to the
    adoption of electronic health records systems, including
    researching the rates and patterns of dissemination and use
    of electronic health record systems throughout the State.
    The Authority shall make the results of the research
    available on its website.
        (5) The Authority shall prepare educational materials
    and educate the general public on the benefits of
    electronic health records, the ILHIE, and the safeguards
    available to prevent unauthorized disclosure of health
    information.
        (6) The Authority may appoint or designate an
    institutional review board in accordance with federal and
    State law to review and approve requests for research in
    order to ensure compliance with standards and patient
    privacy and security protections as specified in paragraph
    (3) of this Section.
        (7) The Authority may enter into all contracts and
    agreements necessary or incidental to the performance of
    its powers under this Act. The Authority's expenditures of
    private funds are exempt from the Illinois Procurement
    Code, pursuant to Section 1-10 of that Act. Notwithstanding
    this exception, the Authority shall comply with the
    Business Enterprise for Minorities, Females, and Persons
    with Disabilities Act.
        (8) The Authority may solicit and accept grants, loans,
    contributions, or appropriations from any public or
    private source and may expend those moneys, through
    contracts, grants, loans, or agreements, on activities it
    considers suitable to the performance of its duties under
    this Act.
        (9) The Authority may determine, charge, and collect
    any fees, charges, costs, and expenses from any healthcare
    provider or entity in connection with its duties under this
    Act. Moneys collected under this paragraph (9) shall be
    deposited into the Health Information Exchange Fund.
        (10) The Authority may, under the direction of the
    Executive Director, employ and discharge staff, including
    administrative, technical, expert, professional, and legal
    staff, as is necessary or convenient to carry out the
    purposes of this Act. The Authority may establish and
    administer standards of classification regarding
    compensation, benefits, duties, performance, and tenure
    for that staff and may enter into contracts of employment
    with members of that staff for such periods and on such
    terms as the Authority deems desirable. All employees of
    the Authority are exempt from the Personnel Code as
    provided by Section 4 of the Personnel Code.
        (11) The Authority shall consult and coordinate with
    the Department of Public Health to further the Authority's
    collection of health information from health care
    providers for public health purposes. The collection of
    public health information shall include identifiable
    information for use by the Authority or other State
    agencies to comply with State and federal laws. Any
    identifiable information so collected shall be privileged
    and confidential in accordance with Sections 8-2101,
    8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil
    Procedure.
        (12) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange, shall be
    exempt from inspection and copying under the Freedom of
    Information Act. The terms "identified" and "deidentified"
    shall be given the same meaning as in the Health Insurance
    Portability and Accountability and Portability Act of
    1996, Public Law 104-191, or any subsequent amendments
    thereto, and any regulations promulgated thereunder.
        (13) To address gaps in the adoption of, workforce
    preparation for, and exchange of electronic health records
    that result in regional and socioeconomic disparities in
    the delivery of care, the Authority may evaluate such gaps
    and provide resources as available, giving priority to
    healthcare providers serving a significant percentage of
    Medicaid or uninsured patients and in medically
    underserved or rural areas.
(Source: P.A. 96-1331, eff. 7-27-10; revised 10-13-15.)
 
    Section 130. The Illinois Health Facilities Planning Act is
amended by changing Sections 12 and 14.1 as follows:
 
    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
    (1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
    (2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
    (3) (Blank).
    (4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD Community Care Act, skilled or intermediate
care facilities licensed under the MC/DD Act, facilities
licensed under the Specialized Mental Health Rehabilitation
Act of 2013, or nursing homes licensed under the Hospital
Licensing Act shall be conducted on an annual basis no later
than July 1 of each year and shall include among the
information requested a list of all services provided by a
facility to its residents and to the community at large and
differentiate between active and inactive beds.
    In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
        (a) The size, composition and growth of the population
    of the area to be served;
        (b) The number of existing and planned facilities
    offering similar programs;
        (c) The extent of utilization of existing facilities;
        (d) The availability of facilities which may serve as
    alternatives or substitutes;
        (e) The availability of personnel necessary to the
    operation of the facility;
        (f) Multi-institutional planning and the establishment
    of multi-institutional systems where feasible;
        (g) The financial and economic feasibility of proposed
    construction or modification; and
        (h) In the case of health care facilities established
    by a religious body or denomination, the needs of the
    members of such religious body or denomination may be
    considered to be public need.
    The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
    (5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting. Beginning no later than January 1, 2013,
the Department of Public Health shall produce a written annual
report to the Governor and the General Assembly regarding the
development of the Center for Comprehensive Health Planning.
The Chairman of the State Board and the State Board
Administrator shall also receive a copy of the annual report.
    (6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health
Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
    (7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
    (8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or
modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
    Six months after June 30, 2009 (the effective date of
Public Act 96-31), substantive projects shall include no more
than the following:
        (a) Projects to construct (1) a new or replacement
    facility located on a new site or (2) a replacement
    facility located on the same site as the original facility
    and the cost of the replacement facility exceeds the
    capital expenditure minimum, which shall be reviewed by the
    Board within 120 days;
        (b) Projects proposing a (1) new service within an
    existing healthcare facility or (2) discontinuation of a
    service within an existing healthcare facility, which
    shall be reviewed by the Board within 60 days; or
        (c) Projects proposing a change in the bed capacity of
    a health care facility by an increase in the total number
    of beds or by a redistribution of beds among various
    categories of service or by a relocation of beds from one
    physical facility or site to another by more than 20 beds
    or more than 10% of total bed capacity, as defined by the
    State Board, whichever is less, over a 2-year period.
    The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
    Such rules shall not abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the
classification and approval of projects, nor shall such rules
prevent the conduct of a public hearing upon the timely request
of an interested party. Such reviews shall not exceed 60 days
from the date the application is declared to be complete.
    (9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
    (10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
    (10.5) Provide its rationale when voting on an item before
it at a State Board meeting in order to comply with subsection
(b) of Section 3-108 of the Code of Civil Procedure.
    (11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board. Requests for a
written decision shall be made within 15 days after the Board
meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. The transcript of the State Board
meeting shall be incorporated into the Board's final decision.
The staff of the Board shall prepare a written copy of the
final decision and the Board shall approve a final copy for
inclusion in the formal record. The Board shall consider, for
approval, the written draft of the final decision no later than
the next scheduled Board meeting. The written decision shall
identify the applicable criteria and factors listed in this Act
and the Board's regulations that were taken into consideration
by the Board when coming to a final decision. If the Board
denies or fails to approve an application for permit or
exemption, the Board shall include in the final decision a
detailed explanation as to why the application was denied and
identify what specific criteria or standards the applicant did
not fulfill.
    (12) Require at least one of its members to participate in
any public hearing, after the appointment of a majority of the
members to the Board.
    (13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
    (14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
    (15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
The Subcommittee shall make recommendations to the Board no
later than January 1, 2016 and every January thereafter
pursuant to the Subcommittee's responsibility for the
continuous review and commentary on policies and procedures
relative to long-term care. In consultation with other experts
from the health field of long-term care, the Board and the
Subcommittee shall study new approaches to the current bed need
formula and Health Service Area boundaries to encourage
flexibility and innovation in design models reflective of the
changing long-term care marketplace and consumer preferences
and submit its recommendations to the Chairman of the Board no
later than January 1, 2017. The Subcommittee shall evaluate,
and make recommendations to the State Board regarding, the
buying, selling, and exchange of beds between long-term care
facilities within a specified geographic area or drive time.
The Board shall file the proposed related administrative rules
for the separate rules and guidelines for long-term care
required by this paragraph (15) by no later than September 30,
2011. The Subcommittee shall be provided a reasonable and
timely opportunity to review and comment on any review,
revision, or updating of the criteria, standards, procedures,
and rules used to evaluate project applications as provided
under Section 12.3 of this Act.
    The Chairman of the Board shall appoint voting members of
the Subcommittee, who shall serve for a period of 3 years, with
one-third of the terms expiring each January, to be determined
by lot. Appointees shall include, but not be limited to,
recommendations from each of the 3 statewide long-term care
associations, with an equal number to be appointed from each.
Compliance with this provision shall be through the appointment
and reappointment process. All appointees serving as of April
1, 2015 shall serve to the end of their term as determined by
lot or until the appointee voluntarily resigns, whichever is
earlier.
    One representative from the Department of Public Health,
the Department of Healthcare and Family Services, the
Department on Aging, and the Department of Human Services may
each serve as an ex-officio non-voting member of the
Subcommittee. The Chairman of the Board shall select a
Subcommittee Chair, who shall serve for a period of 3 years.
    (16) Prescribe the format of the State Board Staff Report.
A State Board Staff Report shall pertain to applications that
include, but are not limited to, applications for permit or
exemption, applications for permit renewal, applications for
extension of the obligation period, applications requesting a
declaratory ruling, or applications under the Health Care
Worker Self-Referral Act. State Board Staff Reports shall
compare applications to the relevant review criteria under the
Board's rules.
    (17) Establish a separate set of rules and guidelines for
facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013. An application for the
re-establishment of a facility in connection with the
relocation of the facility shall not be granted unless the
applicant has a contractual relationship with at least one
hospital to provide emergency and inpatient mental health
services required by facility consumers, and at least one
community mental health agency to provide oversight and
assistance to facility consumers while living in the facility,
and appropriate services, including case management, to assist
them to prepare for discharge and reside stably in the
community thereafter. No new facilities licensed under the
Specialized Mental Health Rehabilitation Act of 2013 shall be
established after June 16, 2014 (the effective date of Public
Act 98-651) except in connection with the relocation of an
existing facility to a new location. An application for a new
location shall not be approved unless there are adequate
community services accessible to the consumers within a
reasonable distance, or by use of public transportation, so as
to facilitate the goal of achieving maximum individual
self-care and independence. At no time shall the total number
of authorized beds under this Act in facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013 exceed
the number of authorized beds on June 16, 2014 (the effective
date of Public Act 98-651).
(Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff.
7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277,
eff. 8-5-15; revised 10-15-15.)
 
    (20 ILCS 3960/14.1)
    Sec. 14.1. Denial of permit; other sanctions.
    (a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
        (1) The acquisition of major medical equipment without
    a permit or in violation of the terms of a permit.
        (2) The establishment, construction, modification, or
    change of ownership of a health care facility without a
    permit or exemption or in violation of the terms of a
    permit.
        (3) The violation of any provision of this Act or any
    rule adopted under this Act.
        (4) The failure, by any person subject to this Act, to
    provide information requested by the State Board or Agency
    within 30 days after a formal written request for the
    information.
        (5) The failure to pay any fine imposed under this
    Section within 30 days of its imposition.
    (a-5) For facilities licensed under the ID/DD Community
Care Act, no permit shall be denied on the basis of prior
operator history, other than for actions specified under item
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
Act. For facilities licensed under the MC/DD Act, no permit
shall be denied on the basis of prior operator history, other
than for actions specified under item (2), (4), or (5) of
Section 3-117 of the MC/DD Act. For facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013, no
permit shall be denied on the basis of prior operator history,
other than for actions specified under item (2), (4), or (5) of
Section 3-117 of the Specialized Mental Health Rehabilitation
Act of 2013. For facilities licensed under the Nursing Home
Care Act, no permit shall be denied on the basis of prior
operator history, other than for: (i) actions specified under
item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
Home Care Act; (ii) actions specified under item (a)(6) of
Section 3-119 of the Nursing Home Care Act; or (iii) actions
within the preceding 5 years constituting a substantial and
repeated failure to comply with the Nursing Home Care Act or
the rules and regulations adopted by the Department under that
Act. The State Board shall not deny a permit on account of any
action described in this subsection (a-5) without also
considering all such actions in the light of all relevant
information available to the State Board, including whether the
permit is sought to substantially comply with a mandatory or
voluntary plan of correction associated with any action
described in this subsection (a-5).
    (b) Persons shall be subject to fines as follows:
        (1) A permit holder who fails to comply with the
    requirements of maintaining a valid permit shall be fined
    an amount not to exceed 1% of the approved permit amount
    plus an additional 1% of the approved permit amount for
    each 30-day period, or fraction thereof, that the violation
    continues.
        (2) A permit holder who alters the scope of an approved
    project or whose project costs exceed the allowable permit
    amount without first obtaining approval from the State
    Board shall be fined an amount not to exceed the sum of (i)
    the lesser of $25,000 or 2% of the approved permit amount
    and (ii) in those cases where the approved permit amount is
    exceeded by more than $1,000,000, an additional $20,000 for
    each $1,000,000, or fraction thereof, in excess of the
    approved permit amount.
        (2.5) A permit holder who fails to comply with the
    post-permit and reporting requirements set forth in
    Section 5 shall be fined an amount not to exceed $10,000
    plus an additional $10,000 for each 30-day period, or
    fraction thereof, that the violation continues. This fine
    shall continue to accrue until the date that (i) the
    post-permit requirements are met and the post-permit
    reports are received by the State Board or (ii) the matter
    is referred by the State Board to the State Board's legal
    counsel. The accrued fine is not waived by the permit
    holder submitting the required information and reports.
    Prior to any fine beginning to accrue, the Board shall
    notify, in writing, a permit holder of the due date for the
    post-permit and reporting requirements no later than 30
    days before the due date for the requirements. This
    paragraph (2.5) takes effect 6 months after August 27, 2012
    (the effective date of Public Act 97-1115).
        (3) A person who acquires major medical equipment or
    who establishes a category of service without first
    obtaining a permit or exemption, as the case may be, shall
    be fined an amount not to exceed $10,000 for each such
    acquisition or category of service established plus an
    additional $10,000 for each 30-day period, or fraction
    thereof, that the violation continues.
        (4) A person who constructs, modifies, establishes, or
    changes ownership of a health care facility without first
    obtaining a permit or exemption shall be fined an amount
    not to exceed $25,000 plus an additional $25,000 for each
    30-day period, or fraction thereof, that the violation
    continues.
        (5) A person who discontinues a health care facility or
    a category of service without first obtaining a permit or
    exemption shall be fined an amount not to exceed $10,000
    plus an additional $10,000 for each 30-day period, or
    fraction thereof, that the violation continues. For
    purposes of this subparagraph (5), facilities licensed
    under the Nursing Home Care Act, the ID/DD Community Care
    Act, or the MC/DD Act, with the exceptions of facilities
    operated by a county or Illinois Veterans Homes, are exempt
    from this permit requirement. However, facilities licensed
    under the Nursing Home Care Act, the ID/DD Community Care
    Act, or the MC/DD Act must comply with Section 3-423 of the
    Nursing Home Care Act, Section 3-423 of the ID/DD Community
    Care Act, or Section 3-423 of the MC/DD Act and must
    provide the Board and the Department of Human Services with
    30 days' written notice of their intent to close.
    Facilities licensed under the ID/DD Community Care Act or
    the MC/DD Act also must provide the Board and the
    Department of Human Services with 30 days' written notice
    of their intent to reduce the number of beds for a
    facility.
        (6) A person subject to this Act who fails to provide
    information requested by the State Board or Agency within
    30 days of a formal written request shall be fined an
    amount not to exceed $1,000 plus an additional $1,000 for
    each 30-day period, or fraction thereof, that the
    information is not received by the State Board or Agency.
    (b-5) The State Board may accept in-kind services instead
of or in combination with the imposition of a fine. This
authorization is limited to cases where the non-compliant
individual or entity has waived the right to an administrative
hearing or opportunity to appear before the Board regarding the
non-compliant matter.
    (c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10. Requests for an appearance before the State
Board must be made within 30 days after receiving notice that a
fine will be imposed.
    (d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
    (e) Fines imposed under this Section shall continue to
accrue until: (i) the date that the matter is referred by the
State Board to the Board's legal counsel; or (ii) the date that
the health care facility becomes compliant with the Act,
whichever is earlier.
(Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15;
99-180, eff. 7-29-15; revised 10-14-15.)
 
    Section 135. The Illinois Holocaust and Genocide
Commission Act is amended by changing Section 10 as follows:
 
    (20 ILCS 5010/10)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 10. Composition of the Commission.
    (a) The Commission is composed of 22 members as follows:
        (1) 19 public members appointed by the Governor, one of
    whom which shall be a student; and
        (2) 3 ex officio members as follows:
            (A) the State Superintendent of Education;
            (B) the Executive Director of the Board of Higher
        Education; and
            (C) the Director of Veterans' Affairs.
    (b) The President and Minority Leader of the Senate shall
each designate a member or former member of the Senate and the
Speaker and Minority Leader of the House of Representatives
shall each designate a member or former member of the House of
Representatives to advise the Commission.
(Source: P.A. 98-793, eff. 7-28-14; revised 10-13-15.)
 
    Section 140. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.866 and
5.867 as follows:
 
    (30 ILCS 105/5.866)
    Sec. 5.866. The Illinois Telecommunications Access
Corporation Fund.
(Source: P.A. 99-6, eff. 6-29-15.)
 
    (30 ILCS 105/5.867)
    Sec. 5.867. The Illinois Secure Choice Administrative
Fund.
(Source: P.A. 98-1150, eff. 6-1-15; 99-78, eff. 7-20-15.)
 
    (30 ILCS 105/5.868)
    Sec. 5.868 5.866. The Illinois ABLE Accounts
Administrative Fund.
(Source: P.A. 99-145, eff. 1-1-16; revised 9-29-15.)
 
    (30 ILCS 105/5.869)
    Sec. 5.869 5.866. The Women's Business Ownership Fund.
(Source: P.A. 99-233, eff. 8-3-15; revised 9-29-15.)
 
    (30 ILCS 105/5.870)
    (Section scheduled to be repealed on December 31, 2017)
    Sec. 5.870 5.866. The U.S.S. Illinois Commissioning Fund.
This Section is repealed on December 31, 2017.
(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
 
    (30 ILCS 105/5.871)
    Sec. 5.871 5.866. The George Bailey Memorial Fund.
(Source: P.A. 99-455, eff. 1-1-16; revised 9-29-15.)
 
    (30 ILCS 105/5.872)
    Sec. 5.872 5.866. The Parity Education Fund.
(Source: P.A. 99-480, eff. 9-9-15; revised 9-29-15.)
 
    (30 ILCS 105/5.873)
    Sec. 5.873 5.867. The Autism Care Fund.
(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)
 
    Section 145. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Sections 2 and 4f as follows:
 
    (30 ILCS 575/2)
    (Section scheduled to be repealed on June 30, 2016)
    Sec. 2. Definitions.
    (A) For the purpose of this Act, the following terms shall
have the following definitions:
        (1) "Minority person" shall mean a person who is a
    citizen or lawful permanent resident of the United States
    and who is any of the following:
            (a) American Indian or Alaska Native (a person
        having origins in any of the original peoples of North
        and South America, including Central America, and who
        maintains tribal affiliation or community attachment).
            (b) Asian (a person having origins in any of the
        original peoples of the Far East, Southeast Asia, or
        the Indian subcontinent, including, but not limited
        to, Cambodia, China, India, Japan, Korea, Malaysia,
        Pakistan, the Philippine Islands, Thailand, and
        Vietnam).
            (c) Black or African American (a person having
        origins in any of the black racial groups of Africa).
        Terms such as "Haitian" or "Negro" can be used in
        addition to "Black or African American".
            (d) Hispanic or Latino (a person of Cuban, Mexican,
        Puerto Rican, South or Central American, or other
        Spanish culture or origin, regardless of race).
            (e) Native Hawaiian or Other Pacific Islander (a
        person having origins in any of the original peoples of
        Hawaii, Guam, Samoa, or other Pacific Islands).
        (2) "Female" shall mean a person who is a citizen or
    lawful permanent resident of the United States and who is
    of the female gender.
        (2.05) "Person with a disability" means a person who is
    a citizen or lawful resident of the United States and is a
    person qualifying as a person with a disability under
    subdivision (2.1) of this subsection (A).
        (2.1) "Person with a disability" means a person with a
    severe physical or mental disability that:
            (a) results from:
            amputation,
            arthritis,
            autism,
            blindness,
            burn injury,
            cancer,
            cerebral palsy,
            Crohn's disease,
            cystic fibrosis,
            deafness,
            head injury,
            heart disease,
            hemiplegia,
            hemophilia,
            respiratory or pulmonary dysfunction,
            an intellectual disability,
            mental illness,
            multiple sclerosis,
            muscular dystrophy,
            musculoskeletal disorders,
            neurological disorders, including stroke and
        epilepsy,
            paraplegia,
            quadriplegia and other spinal cord conditions,
            sickle cell anemia,
            ulcerative colitis,
            specific learning disabilities, or
            end stage renal failure disease; and
            (b) substantially limits one or more of the
        person's major life activities.
        Another disability or combination of disabilities may
    also be considered as a severe disability for the purposes
    of item (a) of this subdivision (2.1) if it is determined
    by an evaluation of rehabilitation potential to cause a
    comparable degree of substantial functional limitation
    similar to the specific list of disabilities listed in item
    (a) of this subdivision (2.1).
        (3) "Minority owned business" means a business which is
    at least 51% owned by one or more minority persons, or in
    the case of a corporation, at least 51% of the stock in
    which is owned by one or more minority persons; and the
    management and daily business operations of which are
    controlled by one or more of the minority individuals who
    own it.
        (4) "Female owned business" means a business which is
    at least 51% owned by one or more females, or, in the case
    of a corporation, at least 51% of the stock in which is
    owned by one or more females; and the management and daily
    business operations of which are controlled by one or more
    of the females who own it.
        (4.1) "Business owned by a person with a disability"
    means a business that is at least 51% owned by one or more
    persons with a disability and the management and daily
    business operations of which are controlled by one or more
    of the persons with disabilities who own it. A
    not-for-profit agency for persons with disabilities that
    is exempt from taxation under Section 501 of the Internal
    Revenue Code of 1986 is also considered a "business owned
    by a person with a disability".
        (4.2) "Council" means the Business Enterprise Council
    for Minorities, Females, and Persons with Disabilities
    created under Section 5 of this Act.
        (5) "State contracts" means all contracts entered into
    by the State, any agency or department thereof, or any
    public institution of higher education, including
    community college districts, regardless of the source of
    the funds with which the contracts are paid, which are not
    subject to federal reimbursement. "State contracts" does
    not include contracts awarded by a retirement system,
    pension fund, or investment board subject to Section
    1-109.1 of the Illinois Pension Code. This definition shall
    control over any existing definition under this Act or
    applicable administrative rule.
        "State construction contracts" means all State
    contracts entered into by a State agency or public
    institution of higher education for the repair,
    remodeling, renovation or construction of a building or
    structure, or for the construction or maintenance of a
    highway defined in Article 2 of the Illinois Highway Code.
        (6) "State agencies" shall mean all departments,
    officers, boards, commissions, institutions and bodies
    politic and corporate of the State, but does not include
    the Board of Trustees of the University of Illinois, the
    Board of Trustees of Southern Illinois University, the
    Board of Trustees of Chicago State University, the Board of
    Trustees of Eastern Illinois University, the Board of
    Trustees of Governors State University, the Board of
    Trustees of Illinois State University, the Board of
    Trustees of Northeastern Illinois University, the Board of
    Trustees of Northern Illinois University, the Board of
    Trustees of Western Illinois University, municipalities or
    other local governmental units, or other State
    constitutional officers.
        (7) "Public institutions of higher education" means
    the University of Illinois, Southern Illinois University,
    Chicago State University, Eastern Illinois University,
    Governors State University, Illinois State University,
    Northeastern Illinois University, Northern Illinois
    University, Western Illinois University, the public
    community colleges of the State, and any other public
    universities, colleges, and community colleges now or
    hereafter established or authorized by the General
    Assembly.
        (8) "Certification" means a determination made by the
    Council or by one delegated authority from the Council to
    make certifications, or by a State agency with statutory
    authority to make such a certification, that a business
    entity is a business owned by a minority, female, or person
    with a disability for whatever purpose. A business owned
    and controlled by females shall be certified as a "female
    owned business". A business owned and controlled by females
    who are also minorities shall be certified as both a
    "female owned business" and a "minority owned business".
        (9) "Control" means the exclusive or ultimate and sole
    control of the business including, but not limited to,
    capital investment and all other financial matters,
    property, acquisitions, contract negotiations, legal
    matters, officer-director-employee selection and
    comprehensive hiring, operating responsibilities,
    cost-control matters, income and dividend matters,
    financial transactions and rights of other shareholders or
    joint partners. Control shall be real, substantial and
    continuing, not pro forma. Control shall include the power
    to direct or cause the direction of the management and
    policies of the business and to make the day-to-day as well
    as major decisions in matters of policy, management and
    operations. Control shall be exemplified by possessing the
    requisite knowledge and expertise to run the particular
    business and control shall not include simple majority or
    absentee ownership.
        (10) "Business" means a business that has annual gross
    sales of less than $75,000,000 as evidenced by the federal
    income tax return of the business. A firm with gross sales
    in excess of this cap may apply to the Council for
    certification for a particular contract if the firm can
    demonstrate that the contract would have significant
    impact on businesses owned by minorities, females, or
    persons with disabilities as suppliers or subcontractors
    or in employment of minorities, females, or persons with
    disabilities.
    (B) When a business is owned at least 51% by any
combination of minority persons, females, or persons with
disabilities, even though none of the 3 classes alone holds at
least a 51% interest, the ownership requirement for purposes of
this Act is considered to be met. The certification category
for the business is that of the class holding the largest
ownership interest in the business. If 2 or more classes have
equal ownership interests, the certification category shall be
determined by the business.
(Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15;
99-462, eff. 8-25-15; revised 10-16-15.)
 
    (30 ILCS 575/4f)
    (Section scheduled to be repealed on June 30, 2016)
    Sec. 4f. Award of State contracts.
    (1) It is hereby declared to be the public policy of the
State of Illinois to promote and encourage each State agency
and public institution of higher education to use businesses
owned by minorities, females, and persons with disabilities in
the area of goods and services, including, but not limited to,
insurance services, investment management services,
information technology services, accounting services,
architectural and engineering services, and legal services.
Furthermore, each State agency and public institution of higher
education shall utilize such firms to the greatest extent
feasible within the bounds of financial and fiduciary prudence,
and take affirmative steps to remove any barriers to the full
participation of such firms in the procurement and contracting
opportunities afforded.
        (a) When a State agency or public institution of higher
    education, other than a community college, awards a
    contract for insurance services, for each State agency or
    public institution of higher education, it shall be the
    aspirational goal to use insurance brokers owned by
    minorities, females, and persons with disabilities as
    defined by this Act, for not less than 20% of the total
    annual premiums or fees.
        (b) When a State agency or public institution of higher
    education, other than a community college, awards a
    contract for investment services, for each State agency or
    public institution of higher education, it shall be the
    aspirational goal to use emerging investment managers
    owned by minorities, females, and persons with
    disabilities as defined by this Act, for not less than 20%
    of the total funds under management. Furthermore, it is the
    aspirational goal that not less than 20% of the direct
    asset managers of the State funds be minorities, females,
    and persons with disabilities.
        (c) When a State agency or public institution of higher
    education, other than a community college, awards
    contracts for information technology services, accounting
    services, architectural and engineering services, and
    legal services, for each State agency and public
    institution of higher education, it shall be the
    aspirational goal to use such firms owned by minorities,
    females, and persons with disabilities as defined by this
    Act and lawyers who are minorities, females, and persons
    with disabilities as defined by this Act, for not less than
    20% of the total dollar amount of State contracts.
        (d) When a community college awards a contract for
    insurance services, investment services, information
    technology services, accounting services, architectural
    and engineering services, and legal services, it shall be
    the aspirational goal of each community college to use
    businesses owned by minorities, females, and persons with
    disabilities as defined in this Act for not less than 20%
    of the total amount spent on contracts for these services
    collectively. When a community college awards contracts
    for investment services, contracts awarded to investment
    managers who are not emerging investment managers as
    defined in this Act shall not be considered businesses
    owned by minorities, females, or persons with disabilities
    for the purposes of this Section.
    (2) As used in this Section:
        "Accounting services" means the measurement,
    processing and communication of financial information
    about economic entities including, but is not limited to,
    financial accounting, management accounting, auditing,
    cost containment and auditing services, taxation and
    accounting information systems.
        "Architectural and engineering services" means
    professional services of an architectural or engineering
    nature, or incidental services, that members of the
    architectural and engineering professions, and individuals
    in their employ, may logically or justifiably perform,
    including studies, investigations, surveying and mapping,
    tests, evaluations, consultations, comprehensive planning,
    program management, conceptual designs, plans and
    specifications, value engineering, construction phase
    services, soils engineering, drawing reviews, preparation
    of operating and maintenance manuals, and other related
    services.
        "Emerging investment manager" means an investment
    manager or claims consultant having assets under
    management below $10 billion or otherwise adjudicating
    claims.
        "Information technology services" means, but is not
    limited to, specialized technology-oriented solutions by
    combining the processes and functions of software,
    hardware, networks, telecommunications, web designers,
    cloud developing resellers, and electronics.
        "Insurance broker" means an insurance brokerage firm,
    claims administrator, or both, that procures, places all
    lines of insurance, or administers claims with annual
    premiums or fees of at least $5,000,000 but not more than
    $10,000,000.
        "Legal services" means work performed by a lawyer
    including, but not limited to, contracts in anticipation of
    litigation, enforcement actions, or investigations.
    (3) Each State agency and public institution institutions
of higher education shall adopt policies that identify its plan
and implementation procedures for increasing the use of service
firms owned by minorities, females, and persons with
disabilities.
    (4) Except as provided in subsection (5), the Council shall
file no later than March 1 of each year an annual report to the
Governor and the General Assembly. The report filed with the
General Assembly shall be filed as required in Section 3.1 of
the General Assembly Organization Act. This report shall: (i)
identify the service firms used by each State agency and public
institution of higher education, (ii) identify the actions it
has undertaken to increase the use of service firms owned by
minorities, females, and persons with disabilities, including
encouraging non-minority owned firms to use other service firms
owned by minorities, females, and persons with disabilities as
subcontractors when the opportunities arise, (iii) state any
recommendations made by the Council to each State agency and
public institution of higher education to increase
participation by the use of service firms owned by minorities,
females, and persons with disabilities, and (iv) include the
following:
        (A) For insurance services: the names of the insurance
    brokers or claims consultants used, the total of risk
    managed by each State agency and public institution of
    higher education by insurance brokers, the total
    commissions, fees paid, or both, the lines or insurance
    policies placed, and the amount of premiums placed; and the
    percentage of the risk managed by insurance brokers, the
    percentage of total commission, fees paid, or both, the
    lines or insurance policies placed, and the amount of
    premiums placed with each by the insurance brokers owned by
    minorities, females, and persons with disabilities by each
    State agency and public institution of higher education.
        (B) For investment management services: the names of
    the investment managers used, the total funds under
    management of investment managers; the total commissions,
    fees paid, or both; the total and percentage of funds under
    management of emerging investment managers owned by
    minorities, females, and persons with disabilities,
    including the total and percentage of total commissions,
    fees paid, or both by each State agency and public
    institution of higher education.
        (C) The names of service firms, the percentage and
    total dollar amount paid for professional services by
    category by each State agency and public institution of
    higher education.
        (D) The names of service firms, the percentage and
    total dollar amount paid for services by category to firms
    owned by minorities, females, and persons with
    disabilities by each State agency and public institution of
    higher education.
        (E) The total number of contracts awarded for services
    by category and the total number of contracts awarded to
    firms owned by minorities, females, and persons with
    disabilities by each State agency and public institution of
    higher education.
    (5) For community college districts, the Business
Enterprise Council shall only report the following information
for each community college district: (i) the name of the
community colleges in the district, (ii) the name and contact
information of a person at each community college appointed to
be the single point of contact for vendors owned by minorities,
females, or persons with disabilities, (iii) the policy of the
community college district concerning certified vendors, (iv)
the certifications recognized by the community college
district for determining whether a business is owned or
controlled by a minority, female, or person with a disability,
(v) outreach efforts conducted by the community college
district to increase the use of certified vendors, (vi) the
total expenditures by the community college district in the
prior fiscal year in the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this Section
and the amount paid to certified vendors in those divisions of
work, and (vii) the total number of contracts entered into for
the divisions of work specified in paragraphs (a), (b), and (c)
of subsection (1) of this Section and the total number of
contracts awarded to certified vendors providing these
services to the community college district. The Business
Enterprise Council shall not make any utilization reports under
this Act for community college districts for Fiscal Year 2015
and Fiscal Year 2016, but shall make the report required by
this subsection for Fiscal Year 2017 and for each fiscal year
thereafter. The Business Enterprise Council shall report the
information in items (i), (ii), (iii), and (iv) of this
subsection beginning in September of 2016. The Business
Enterprise Council may collect the data needed to make its
report from the Illinois Community College Board.
    (6) The status of the utilization of services shall be
discussed at each of the regularly scheduled Business
Enterprise Council meetings. Time shall be allotted for the
Council to receive, review, and discuss the progress of the use
of service firms owned by minorities, females, and persons with
disabilities by each State agency and public institution
institutions of higher education; and any evidence regarding
past or present racial, ethnic, or gender-based discrimination
which directly impacts a State agency or public institution
institutions of higher education contracting with such firms.
If after reviewing such evidence the Council finds that there
is or has been such discrimination against a specific group,
race or sex, the Council shall establish sheltered markets or
adjust existing sheltered markets tailored to address the
Council's specific findings for the divisions of work specified
in paragraphs (a), (b), and (c) of subsection (1) of this
Section.
(Source: P.A. 99-462, eff. 8-25-15; revised 10-15-15.)
 
    Section 150. The State Mandates Act is amended by changing
Section 8.39 as follows:
 
    (30 ILCS 805/8.39)
    Sec. 8.39. Exempt mandate.
    (a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 99-176, 99-180, 99-228, or
99-466 this amendatory Act of the 99th General Assembly.
    (b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by the Student Transfer Achievement
Reform Act.
(Source: P.A. 99-176, eff. 7-29-15; 99-180, eff. 7-29-15;
99-228, eff. 1-1-16; 99-316, eff. 1-1-16; 99-466, eff. 8-26-15;
revised 10-9-15.)
 
    Section 155. The Illinois Income Tax Act is amended by
changing Sections 304 and 507DDD as follows:
 
    (35 ILCS 5/304)  (from Ch. 120, par. 3-304)
    Sec. 304. Business income of persons other than residents.
    (a) In general. The business income of a person other than
a resident shall be allocated to this State if such person's
business income is derived solely from this State. If a person
other than a resident derives business income from this State
and one or more other states, then, for tax years ending on or
before December 30, 1998, and except as otherwise provided by
this Section, such person's business income shall be
apportioned to this State by multiplying the income by a
fraction, the numerator of which is the sum of the property
factor (if any), the payroll factor (if any) and 200% of the
sales factor (if any), and the denominator of which is 4
reduced by the number of factors other than the sales factor
which have a denominator of zero and by an additional 2 if the
sales factor has a denominator of zero. For tax years ending on
or after December 31, 1998, and except as otherwise provided by
this Section, persons other than residents who derive business
income from this State and one or more other states shall
compute their apportionment factor by weighting their
property, payroll, and sales factors as provided in subsection
(h) of this Section.
    (1) Property factor.
        (A) The property factor is a fraction, the numerator of
    which is the average value of the person's real and
    tangible personal property owned or rented and used in the
    trade or business in this State during the taxable year and
    the denominator of which is the average value of all the
    person's real and tangible personal property owned or
    rented and used in the trade or business during the taxable
    year.
        (B) Property owned by the person is valued at its
    original cost. Property rented by the person is valued at 8
    times the net annual rental rate. Net annual rental rate is
    the annual rental rate paid by the person less any annual
    rental rate received by the person from sub-rentals.
        (C) The average value of property shall be determined
    by averaging the values at the beginning and ending of the
    taxable year but the Director may require the averaging of
    monthly values during the taxable year if reasonably
    required to reflect properly the average value of the
    person's property.
    (2) Payroll factor.
        (A) The payroll factor is a fraction, the numerator of
    which is the total amount paid in this State during the
    taxable year by the person for compensation, and the
    denominator of which is the total compensation paid
    everywhere during the taxable year.
        (B) Compensation is paid in this State if:
            (i) The individual's service is performed entirely
        within this State;
            (ii) The individual's service is performed both
        within and without this State, but the service
        performed without this State is incidental to the
        individual's service performed within this State; or
            (iii) Some of the service is performed within this
        State and either the base of operations, or if there is
        no base of operations, the place from which the service
        is directed or controlled is within this State, or the
        base of operations or the place from which the service
        is directed or controlled is not in any state in which
        some part of the service is performed, but the
        individual's residence is in this State.
            (iv) Compensation paid to nonresident professional
        athletes.
            (a) General. The Illinois source income of a
        nonresident individual who is a member of a
        professional athletic team includes the portion of the
        individual's total compensation for services performed
        as a member of a professional athletic team during the
        taxable year which the number of duty days spent within
        this State performing services for the team in any
        manner during the taxable year bears to the total
        number of duty days spent both within and without this
        State during the taxable year.
            (b) Travel days. Travel days that do not involve
        either a game, practice, team meeting, or other similar
        team event are not considered duty days spent in this
        State. However, such travel days are considered in the
        total duty days spent both within and without this
        State.
            (c) Definitions. For purposes of this subpart
        (iv):
                (1) The term "professional athletic team"
            includes, but is not limited to, any professional
            baseball, basketball, football, soccer, or hockey
            team.
                (2) The term "member of a professional
            athletic team" includes those employees who are
            active players, players on the disabled list, and
            any other persons required to travel and who travel
            with and perform services on behalf of a
            professional athletic team on a regular basis.
            This includes, but is not limited to, coaches,
            managers, and trainers.
                (3) Except as provided in items (C) and (D) of
            this subpart (3), the term "duty days" means all
            days during the taxable year from the beginning of
            the professional athletic team's official
            pre-season training period through the last game
            in which the team competes or is scheduled to
            compete. Duty days shall be counted for the year in
            which they occur, including where a team's
            official pre-season training period through the
            last game in which the team competes or is
            scheduled to compete, occurs during more than one
            tax year.
                    (A) Duty days shall also include days on
                which a member of a professional athletic team
                performs service for a team on a date that does
                not fall within the foregoing period (e.g.,
                participation in instructional leagues, the
                "All Star Game", or promotional "caravans").
                Performing a service for a professional
                athletic team includes conducting training and
                rehabilitation activities, when such
                activities are conducted at team facilities.
                    (B) Also included in duty days are game
                days, practice days, days spent at team
                meetings, promotional caravans, preseason
                training camps, and days served with the team
                through all post-season games in which the team
                competes or is scheduled to compete.
                    (C) Duty days for any person who joins a
                team during the period from the beginning of
                the professional athletic team's official
                pre-season training period through the last
                game in which the team competes, or is
                scheduled to compete, shall begin on the day
                that person joins the team. Conversely, duty
                days for any person who leaves a team during
                this period shall end on the day that person
                leaves the team. Where a person switches teams
                during a taxable year, a separate duty-day
                calculation shall be made for the period the
                person was with each team.
                    (D) Days for which a member of a
                professional athletic team is not compensated
                and is not performing services for the team in
                any manner, including days when such member of
                a professional athletic team has been
                suspended without pay and prohibited from
                performing any services for the team, shall not
                be treated as duty days.
                    (E) Days for which a member of a
                professional athletic team is on the disabled
                list and does not conduct rehabilitation
                activities at facilities of the team, and is
                not otherwise performing services for the team
                in Illinois, shall not be considered duty days
                spent in this State. All days on the disabled
                list, however, are considered to be included in
                total duty days spent both within and without
                this State.
                (4) The term "total compensation for services
            performed as a member of a professional athletic
            team" means the total compensation received during
            the taxable year for services performed:
                    (A) from the beginning of the official
                pre-season training period through the last
                game in which the team competes or is scheduled
                to compete during that taxable year; and
                    (B) during the taxable year on a date which
                does not fall within the foregoing period
                (e.g., participation in instructional leagues,
                the "All Star Game", or promotional caravans).
                This compensation shall include, but is not
            limited to, salaries, wages, bonuses as described
            in this subpart, and any other type of compensation
            paid during the taxable year to a member of a
            professional athletic team for services performed
            in that year. This compensation does not include
            strike benefits, severance pay, termination pay,
            contract or option year buy-out payments,
            expansion or relocation payments, or any other
            payments not related to services performed for the
            team.
                For purposes of this subparagraph, "bonuses"
            included in "total compensation for services
            performed as a member of a professional athletic
            team" subject to the allocation described in
            Section 302(c)(1) are: bonuses earned as a result
            of play (i.e., performance bonuses) during the
            season, including bonuses paid for championship,
            playoff or "bowl" games played by a team, or for
            selection to all-star league or other honorary
            positions; and bonuses paid for signing a
            contract, unless the payment of the signing bonus
            is not conditional upon the signee playing any
            games for the team or performing any subsequent
            services for the team or even making the team, the
            signing bonus is payable separately from the
            salary and any other compensation, and the signing
            bonus is nonrefundable.
    (3) Sales factor.
        (A) The sales factor is a fraction, the numerator of
    which is the total sales of the person in this State during
    the taxable year, and the denominator of which is the total
    sales of the person everywhere during the taxable year.
        (B) Sales of tangible personal property are in this
    State if:
            (i) The property is delivered or shipped to a
        purchaser, other than the United States government,
        within this State regardless of the f. o. b. point or
        other conditions of the sale; or
            (ii) The property is shipped from an office, store,
        warehouse, factory or other place of storage in this
        State and either the purchaser is the United States
        government or the person is not taxable in the state of
        the purchaser; provided, however, that premises owned
        or leased by a person who has independently contracted
        with the seller for the printing of newspapers,
        periodicals or books shall not be deemed to be an
        office, store, warehouse, factory or other place of
        storage for purposes of this Section. Sales of tangible
        personal property are not in this State if the seller
        and purchaser would be members of the same unitary
        business group but for the fact that either the seller
        or purchaser is a person with 80% or more of total
        business activity outside of the United States and the
        property is purchased for resale.
        (B-1) Patents, copyrights, trademarks, and similar
    items of intangible personal property.
            (i) Gross receipts from the licensing, sale, or
        other disposition of a patent, copyright, trademark,
        or similar item of intangible personal property, other
        than gross receipts governed by paragraph (B-7) of this
        item (3), are in this State to the extent the item is
        utilized in this State during the year the gross
        receipts are included in gross income.
            (ii) Place of utilization.
                (I) A patent is utilized in a state to the
            extent that it is employed in production,
            fabrication, manufacturing, or other processing in
            the state or to the extent that a patented product
            is produced in the state. If a patent is utilized
            in more than one state, the extent to which it is
            utilized in any one state shall be a fraction equal
            to the gross receipts of the licensee or purchaser
            from sales or leases of items produced,
            fabricated, manufactured, or processed within that
            state using the patent and of patented items
            produced within that state, divided by the total of
            such gross receipts for all states in which the
            patent is utilized.
                (II) A copyright is utilized in a state to the
            extent that printing or other publication
            originates in the state. If a copyright is utilized
            in more than one state, the extent to which it is
            utilized in any one state shall be a fraction equal
            to the gross receipts from sales or licenses of
            materials printed or published in that state
            divided by the total of such gross receipts for all
            states in which the copyright is utilized.
                (III) Trademarks and other items of intangible
            personal property governed by this paragraph (B-1)
            are utilized in the state in which the commercial
            domicile of the licensee or purchaser is located.
            (iii) If the state of utilization of an item of
        property governed by this paragraph (B-1) cannot be
        determined from the taxpayer's books and records or
        from the books and records of any person related to the
        taxpayer within the meaning of Section 267(b) of the
        Internal Revenue Code, 26 U.S.C. 267, the gross
        receipts attributable to that item shall be excluded
        from both the numerator and the denominator of the
        sales factor.
        (B-2) Gross receipts from the license, sale, or other
    disposition of patents, copyrights, trademarks, and
    similar items of intangible personal property, other than
    gross receipts governed by paragraph (B-7) of this item
    (3), may be included in the numerator or denominator of the
    sales factor only if gross receipts from licenses, sales,
    or other disposition of such items comprise more than 50%
    of the taxpayer's total gross receipts included in gross
    income during the tax year and during each of the 2
    immediately preceding tax years; provided that, when a
    taxpayer is a member of a unitary business group, such
    determination shall be made on the basis of the gross
    receipts of the entire unitary business group.
        (B-5) For taxable years ending on or after December 31,
    2008, except as provided in subsections (ii) through (vii),
    receipts from the sale of telecommunications service or
    mobile telecommunications service are in this State if the
    customer's service address is in this State.
            (i) For purposes of this subparagraph (B-5), the
        following terms have the following meanings:
            "Ancillary services" means services that are
        associated with or incidental to the provision of
        "telecommunications services", including but not
        limited to "detailed telecommunications billing",
        "directory assistance", "vertical service", and "voice
        mail services".
            "Air-to-Ground Radiotelephone service" means a
        radio service, as that term is defined in 47 CFR 22.99,
        in which common carriers are authorized to offer and
        provide radio telecommunications service for hire to
        subscribers in aircraft.
            "Call-by-call Basis" means any method of charging
        for telecommunications services where the price is
        measured by individual calls.
            "Communications Channel" means a physical or
        virtual path of communications over which signals are
        transmitted between or among customer channel
        termination points.
            "Conference bridging service" means an "ancillary
        service" that links two or more participants of an
        audio or video conference call and may include the
        provision of a telephone number. "Conference bridging
        service" does not include the "telecommunications
        services" used to reach the conference bridge.
            "Customer Channel Termination Point" means the
        location where the customer either inputs or receives
        the communications.
            "Detailed telecommunications billing service"
        means an "ancillary service" of separately stating
        information pertaining to individual calls on a
        customer's billing statement.
            "Directory assistance" means an "ancillary
        service" of providing telephone number information,
        and/or address information.
            "Home service provider" means the facilities based
        carrier or reseller with which the customer contracts
        for the provision of mobile telecommunications
        services.
            "Mobile telecommunications service" means
        commercial mobile radio service, as defined in Section
        20.3 of Title 47 of the Code of Federal Regulations as
        in effect on June 1, 1999.
            "Place of primary use" means the street address
        representative of where the customer's use of the
        telecommunications service primarily occurs, which
        must be the residential street address or the primary
        business street address of the customer. In the case of
        mobile telecommunications services, "place of primary
        use" must be within the licensed service area of the
        home service provider.
            "Post-paid telecommunication service" means the
        telecommunications service obtained by making a
        payment on a call-by-call basis either through the use
        of a credit card or payment mechanism such as a bank
        card, travel card, credit card, or debit card, or by
        charge made to a telephone number which is not
        associated with the origination or termination of the
        telecommunications service. A post-paid calling
        service includes telecommunications service, except a
        prepaid wireless calling service, that would be a
        prepaid calling service except it is not exclusively a
        telecommunication service.
            "Prepaid telecommunication service" means the
        right to access exclusively telecommunications
        services, which must be paid for in advance and which
        enables the origination of calls using an access number
        or authorization code, whether manually or
        electronically dialed, and that is sold in
        predetermined units or dollars of which the number
        declines with use in a known amount.
            "Prepaid Mobile telecommunication service" means a
        telecommunications service that provides the right to
        utilize mobile wireless service as well as other
        non-telecommunication services, including but not
        limited to ancillary services, which must be paid for
        in advance that is sold in predetermined units or
        dollars of which the number declines with use in a
        known amount.
            "Private communication service" means a
        telecommunication service that entitles the customer
        to exclusive or priority use of a communications
        channel or group of channels between or among
        termination points, regardless of the manner in which
        such channel or channels are connected, and includes
        switching capacity, extension lines, stations, and any
        other associated services that are provided in
        connection with the use of such channel or channels.
            "Service address" means:
                (a) The location of the telecommunications
            equipment to which a customer's call is charged and
            from which the call originates or terminates,
            regardless of where the call is billed or paid;
                (b) If the location in line (a) is not known,
            service address means the origination point of the
            signal of the telecommunications services first
            identified by either the seller's
            telecommunications system or in information
            received by the seller from its service provider
            where the system used to transport such signals is
            not that of the seller; and
                (c) If the locations in line (a) and line (b)
            are not known, the service address means the
            location of the customer's place of primary use.
            "Telecommunications service" means the electronic
        transmission, conveyance, or routing of voice, data,
        audio, video, or any other information or signals to a
        point, or between or among points. The term
        "telecommunications service" includes such
        transmission, conveyance, or routing in which computer
        processing applications are used to act on the form,
        code or protocol of the content for purposes of
        transmission, conveyance or routing without regard to
        whether such service is referred to as voice over
        Internet protocol services or is classified by the
        Federal Communications Commission as enhanced or value
        added. "Telecommunications service" does not include:
                (a) Data processing and information services
            that allow data to be generated, acquired, stored,
            processed, or retrieved and delivered by an
            electronic transmission to a purchaser when such
            purchaser's primary purpose for the underlying
            transaction is the processed data or information;
                (b) Installation or maintenance of wiring or
            equipment on a customer's premises;
                (c) Tangible personal property;
                (d) Advertising, including but not limited to
            directory advertising.
                (e) Billing and collection services provided
            to third parties;
                (f) Internet access service;
                (g) Radio and television audio and video
            programming services, regardless of the medium,
            including the furnishing of transmission,
            conveyance and routing of such services by the
            programming service provider. Radio and television
            audio and video programming services shall include
            but not be limited to cable service as defined in
            47 USC 522(6) and audio and video programming
            services delivered by commercial mobile radio
            service providers, as defined in 47 CFR 20.3;
                (h) "Ancillary services"; or
                (i) Digital products "delivered
            electronically", including but not limited to
            software, music, video, reading materials or ring
            tones.
            "Vertical service" means an "ancillary service"
        that is offered in connection with one or more
        "telecommunications services", which offers advanced
        calling features that allow customers to identify
        callers and to manage multiple calls and call
        connections, including "conference bridging services".
            "Voice mail service" means an "ancillary service"
        that enables the customer to store, send or receive
        recorded messages. "Voice mail service" does not
        include any "vertical services" that the customer may
        be required to have in order to utilize the "voice mail
        service".
            (ii) Receipts from the sale of telecommunications
        service sold on an individual call-by-call basis are in
        this State if either of the following applies:
                (a) The call both originates and terminates in
            this State.
                (b) The call either originates or terminates
            in this State and the service address is located in
            this State.
            (iii) Receipts from the sale of postpaid
        telecommunications service at retail are in this State
        if the origination point of the telecommunication
        signal, as first identified by the service provider's
        telecommunication system or as identified by
        information received by the seller from its service
        provider if the system used to transport
        telecommunication signals is not the seller's, is
        located in this State.
            (iv) Receipts from the sale of prepaid
        telecommunications service or prepaid mobile
        telecommunications service at retail are in this State
        if the purchaser obtains the prepaid card or similar
        means of conveyance at a location in this State.
        Receipts from recharging a prepaid telecommunications
        service or mobile telecommunications service is in
        this State if the purchaser's billing information
        indicates a location in this State.
            (v) Receipts from the sale of private
        communication services are in this State as follows:
                (a) 100% of receipts from charges imposed at
            each channel termination point in this State.
                (b) 100% of receipts from charges for the total
            channel mileage between each channel termination
            point in this State.
                (c) 50% of the total receipts from charges for
            service segments when those segments are between 2
            customer channel termination points, 1 of which is
            located in this State and the other is located
            outside of this State, which segments are
            separately charged.
                (d) The receipts from charges for service
            segments with a channel termination point located
            in this State and in two or more other states, and
            which segments are not separately billed, are in
            this State based on a percentage determined by
            dividing the number of customer channel
            termination points in this State by the total
            number of customer channel termination points.
            (vi) Receipts from charges for ancillary services
        for telecommunications service sold to customers at
        retail are in this State if the customer's primary
        place of use of telecommunications services associated
        with those ancillary services is in this State. If the
        seller of those ancillary services cannot determine
        where the associated telecommunications are located,
        then the ancillary services shall be based on the
        location of the purchaser.
            (vii) Receipts to access a carrier's network or
        from the sale of telecommunication services or
        ancillary services for resale are in this State as
        follows:
                (a) 100% of the receipts from access fees
            attributable to intrastate telecommunications
            service that both originates and terminates in
            this State.
                (b) 50% of the receipts from access fees
            attributable to interstate telecommunications
            service if the interstate call either originates
            or terminates in this State.
                (c) 100% of the receipts from interstate end
            user access line charges, if the customer's
            service address is in this State. As used in this
            subdivision, "interstate end user access line
            charges" includes, but is not limited to, the
            surcharge approved by the federal communications
            commission and levied pursuant to 47 CFR 69.
                (d) Gross receipts from sales of
            telecommunication services or from ancillary
            services for telecommunications services sold to
            other telecommunication service providers for
            resale shall be sourced to this State using the
            apportionment concepts used for non-resale
            receipts of telecommunications services if the
            information is readily available to make that
            determination. If the information is not readily
            available, then the taxpayer may use any other
            reasonable and consistent method.
        (B-7) For taxable years ending on or after December 31,
    2008, receipts from the sale of broadcasting services are
    in this State if the broadcasting services are received in
    this State. For purposes of this paragraph (B-7), the
    following terms have the following meanings:
            "Advertising revenue" means consideration received
        by the taxpayer in exchange for broadcasting services
        or allowing the broadcasting of commercials or
        announcements in connection with the broadcasting of
        film or radio programming, from sponsorships of the
        programming, or from product placements in the
        programming.
            "Audience factor" means the ratio that the
        audience or subscribers located in this State of a
        station, a network, or a cable system bears to the
        total audience or total subscribers for that station,
        network, or cable system. The audience factor for film
        or radio programming shall be determined by reference
        to the books and records of the taxpayer or by
        reference to published rating statistics provided the
        method used by the taxpayer is consistently used from
        year to year for this purpose and fairly represents the
        taxpayer's activity in this State.
            "Broadcast" or "broadcasting" or "broadcasting
        services" means the transmission or provision of film
        or radio programming, whether through the public
        airwaves, by cable, by direct or indirect satellite
        transmission, or by any other means of communication,
        either through a station, a network, or a cable system.
            "Film" or "film programming" means the broadcast
        on television of any and all performances, events, or
        productions, including but not limited to news,
        sporting events, plays, stories, or other literary,
        commercial, educational, or artistic works, either
        live or through the use of video tape, disc, or any
        other type of format or medium. Each episode of a
        series of films produced for television shall
        constitute separate "film" notwithstanding that the
        series relates to the same principal subject and is
        produced during one or more tax periods.
            "Radio" or "radio programming" means the broadcast
        on radio of any and all performances, events, or
        productions, including but not limited to news,
        sporting events, plays, stories, or other literary,
        commercial, educational, or artistic works, either
        live or through the use of an audio tape, disc, or any
        other format or medium. Each episode in a series of
        radio programming produced for radio broadcast shall
        constitute a separate "radio programming"
        notwithstanding that the series relates to the same
        principal subject and is produced during one or more
        tax periods.
                (i) In the case of advertising revenue from
            broadcasting, the customer is the advertiser and
            the service is received in this State if the
            commercial domicile of the advertiser is in this
            State.
                (ii) In the case where film or radio
            programming is broadcast by a station, a network,
            or a cable system for a fee or other remuneration
            received from the recipient of the broadcast, the
            portion of the service that is received in this
            State is measured by the portion of the recipients
            of the broadcast located in this State.
            Accordingly, the fee or other remuneration for
            such service that is included in the Illinois
            numerator of the sales factor is the total of those
            fees or other remuneration received from
            recipients in Illinois. For purposes of this
            paragraph, a taxpayer may determine the location
            of the recipients of its broadcast using the
            address of the recipient shown in its contracts
            with the recipient or using the billing address of
            the recipient in the taxpayer's records.
                (iii) In the case where film or radio
            programming is broadcast by a station, a network,
            or a cable system for a fee or other remuneration
            from the person providing the programming, the
            portion of the broadcast service that is received
            by such station, network, or cable system in this
            State is measured by the portion of recipients of
            the broadcast located in this State. Accordingly,
            the amount of revenue related to such an
            arrangement that is included in the Illinois
            numerator of the sales factor is the total fee or
            other total remuneration from the person providing
            the programming related to that broadcast
            multiplied by the Illinois audience factor for
            that broadcast.
                (iv) In the case where film or radio
            programming is provided by a taxpayer that is a
            network or station to a customer for broadcast in
            exchange for a fee or other remuneration from that
            customer the broadcasting service is received at
            the location of the office of the customer from
            which the services were ordered in the regular
            course of the customer's trade or business.
            Accordingly, in such a case the revenue derived by
            the taxpayer that is included in the taxpayer's
            Illinois numerator of the sales factor is the
            revenue from such customers who receive the
            broadcasting service in Illinois.
                (v) In the case where film or radio programming
            is provided by a taxpayer that is not a network or
            station to another person for broadcasting in
            exchange for a fee or other remuneration from that
            person, the broadcasting service is received at
            the location of the office of the customer from
            which the services were ordered in the regular
            course of the customer's trade or business.
            Accordingly, in such a case the revenue derived by
            the taxpayer that is included in the taxpayer's
            Illinois numerator of the sales factor is the
            revenue from such customers who receive the
            broadcasting service in Illinois.
        (B-8) Gross receipts from winnings under the Illinois
    Lottery Law from the assignment of a prize under Section
    13.1 13-1 of the Illinois Lottery Law are received in this
    State. This paragraph (B-8) applies only to taxable years
    ending on or after December 31, 2013.
        (C) For taxable years ending before December 31, 2008,
    sales, other than sales governed by paragraphs (B), (B-1),
    (B-2), and (B-8) are in this State if:
            (i) The income-producing activity is performed in
        this State; or
            (ii) The income-producing activity is performed
        both within and without this State and a greater
        proportion of the income-producing activity is
        performed within this State than without this State,
        based on performance costs.
        (C-5) For taxable years ending on or after December 31,
    2008, sales, other than sales governed by paragraphs (B),
    (B-1), (B-2), (B-5), and (B-7), are in this State if any of
    the following criteria are met:
            (i) Sales from the sale or lease of real property
        are in this State if the property is located in this
        State.
            (ii) Sales from the lease or rental of tangible
        personal property are in this State if the property is
        located in this State during the rental period. Sales
        from the lease or rental of tangible personal property
        that is characteristically moving property, including,
        but not limited to, motor vehicles, rolling stock,
        aircraft, vessels, or mobile equipment are in this
        State to the extent that the property is used in this
        State.
            (iii) In the case of interest, net gains (but not
        less than zero) and other items of income from
        intangible personal property, the sale is in this State
        if:
                (a) in the case of a taxpayer who is a dealer
            in the item of intangible personal property within
            the meaning of Section 475 of the Internal Revenue
            Code, the income or gain is received from a
            customer in this State. For purposes of this
            subparagraph, a customer is in this State if the
            customer is an individual, trust or estate who is a
            resident of this State and, for all other
            customers, if the customer's commercial domicile
            is in this State. Unless the dealer has actual
            knowledge of the residence or commercial domicile
            of a customer during a taxable year, the customer
            shall be deemed to be a customer in this State if
            the billing address of the customer, as shown in
            the records of the dealer, is in this State; or
                (b) in all other cases, if the
            income-producing activity of the taxpayer is
            performed in this State or, if the
            income-producing activity of the taxpayer is
            performed both within and without this State, if a
            greater proportion of the income-producing
            activity of the taxpayer is performed within this
            State than in any other state, based on performance
            costs.
            (iv) Sales of services are in this State if the
        services are received in this State. For the purposes
        of this section, gross receipts from the performance of
        services provided to a corporation, partnership, or
        trust may only be attributed to a state where that
        corporation, partnership, or trust has a fixed place of
        business. If the state where the services are received
        is not readily determinable or is a state where the
        corporation, partnership, or trust receiving the
        service does not have a fixed place of business, the
        services shall be deemed to be received at the location
        of the office of the customer from which the services
        were ordered in the regular course of the customer's
        trade or business. If the ordering office cannot be
        determined, the services shall be deemed to be received
        at the office of the customer to which the services are
        billed. If the taxpayer is not taxable in the state in
        which the services are received, the sale must be
        excluded from both the numerator and the denominator of
        the sales factor. The Department shall adopt rules
        prescribing where specific types of service are
        received, including, but not limited to, publishing,
        and utility service.
        (D) For taxable years ending on or after December 31,
    1995, the following items of income shall not be included
    in the numerator or denominator of the sales factor:
    dividends; amounts included under Section 78 of the
    Internal Revenue Code; and Subpart F income as defined in
    Section 952 of the Internal Revenue Code. No inference
    shall be drawn from the enactment of this paragraph (D) in
    construing this Section for taxable years ending before
    December 31, 1995.
        (E) Paragraphs (B-1) and (B-2) shall apply to tax years
    ending on or after December 31, 1999, provided that a
    taxpayer may elect to apply the provisions of these
    paragraphs to prior tax years. Such election shall be made
    in the form and manner prescribed by the Department, shall
    be irrevocable, and shall apply to all tax years; provided
    that, if a taxpayer's Illinois income tax liability for any
    tax year, as assessed under Section 903 prior to January 1,
    1999, was computed in a manner contrary to the provisions
    of paragraphs (B-1) or (B-2), no refund shall be payable to
    the taxpayer for that tax year to the extent such refund is
    the result of applying the provisions of paragraph (B-1) or
    (B-2) retroactively. In the case of a unitary business
    group, such election shall apply to all members of such
    group for every tax year such group is in existence, but
    shall not apply to any taxpayer for any period during which
    that taxpayer is not a member of such group.
    (b) Insurance companies.
        (1) In general. Except as otherwise provided by
    paragraph (2), business income of an insurance company for
    a taxable year shall be apportioned to this State by
    multiplying such income by a fraction, the numerator of
    which is the direct premiums written for insurance upon
    property or risk in this State, and the denominator of
    which is the direct premiums written for insurance upon
    property or risk everywhere. For purposes of this
    subsection, the term "direct premiums written" means the
    total amount of direct premiums written, assessments and
    annuity considerations as reported for the taxable year on
    the annual statement filed by the company with the Illinois
    Director of Insurance in the form approved by the National
    Convention of Insurance Commissioners or such other form as
    may be prescribed in lieu thereof.
        (2) Reinsurance. If the principal source of premiums
    written by an insurance company consists of premiums for
    reinsurance accepted by it, the business income of such
    company shall be apportioned to this State by multiplying
    such income by a fraction, the numerator of which is the
    sum of (i) direct premiums written for insurance upon
    property or risk in this State, plus (ii) premiums written
    for reinsurance accepted in respect of property or risk in
    this State, and the denominator of which is the sum of
    (iii) direct premiums written for insurance upon property
    or risk everywhere, plus (iv) premiums written for
    reinsurance accepted in respect of property or risk
    everywhere. For purposes of this paragraph, premiums
    written for reinsurance accepted in respect of property or
    risk in this State, whether or not otherwise determinable,
    may, at the election of the company, be determined on the
    basis of the proportion which premiums written for
    reinsurance accepted from companies commercially domiciled
    in Illinois bears to premiums written for reinsurance
    accepted from all sources, or, alternatively, in the
    proportion which the sum of the direct premiums written for
    insurance upon property or risk in this State by each
    ceding company from which reinsurance is accepted bears to
    the sum of the total direct premiums written by each such
    ceding company for the taxable year. The election made by a
    company under this paragraph for its first taxable year
    ending on or after December 31, 2011, shall be binding for
    that company for that taxable year and for all subsequent
    taxable years, and may be altered only with the written
    permission of the Department, which shall not be
    unreasonably withheld.
    (c) Financial organizations.
        (1) In general. For taxable years ending before
    December 31, 2008, business income of a financial
    organization shall be apportioned to this State by
    multiplying such income by a fraction, the numerator of
    which is its business income from sources within this
    State, and the denominator of which is its business income
    from all sources. For the purposes of this subsection, the
    business income of a financial organization from sources
    within this State is the sum of the amounts referred to in
    subparagraphs (A) through (E) following, but excluding the
    adjusted income of an international banking facility as
    determined in paragraph (2):
            (A) Fees, commissions or other compensation for
        financial services rendered within this State;
            (B) Gross profits from trading in stocks, bonds or
        other securities managed within this State;
            (C) Dividends, and interest from Illinois
        customers, which are received within this State;
            (D) Interest charged to customers at places of
        business maintained within this State for carrying
        debit balances of margin accounts, without deduction
        of any costs incurred in carrying such accounts; and
            (E) Any other gross income resulting from the
        operation as a financial organization within this
        State. In computing the amounts referred to in
        paragraphs (A) through (E) of this subsection, any
        amount received by a member of an affiliated group
        (determined under Section 1504(a) of the Internal
        Revenue Code but without reference to whether any such
        corporation is an "includible corporation" under
        Section 1504(b) of the Internal Revenue Code) from
        another member of such group shall be included only to
        the extent such amount exceeds expenses of the
        recipient directly related thereto.
        (2) International Banking Facility. For taxable years
    ending before December 31, 2008:
            (A) Adjusted Income. The adjusted income of an
        international banking facility is its income reduced
        by the amount of the floor amount.
            (B) Floor Amount. The floor amount shall be the
        amount, if any, determined by multiplying the income of
        the international banking facility by a fraction, not
        greater than one, which is determined as follows:
                (i) The numerator shall be:
                The average aggregate, determined on a
            quarterly basis, of the financial organization's
            loans to banks in foreign countries, to foreign
            domiciled borrowers (except where secured
            primarily by real estate) and to foreign
            governments and other foreign official
            institutions, as reported for its branches,
            agencies and offices within the state on its
            "Consolidated Report of Condition", Schedule A,
            Lines 2.c., 5.b., and 7.a., which was filed with
            the Federal Deposit Insurance Corporation and
            other regulatory authorities, for the year 1980,
            minus
                The average aggregate, determined on a
            quarterly basis, of such loans (other than loans of
            an international banking facility), as reported by
            the financial institution for its branches,
            agencies and offices within the state, on the
            corresponding Schedule and lines of the
            Consolidated Report of Condition for the current
            taxable year, provided, however, that in no case
            shall the amount determined in this clause (the
            subtrahend) exceed the amount determined in the
            preceding clause (the minuend); and
                (ii) the denominator shall be the average
            aggregate, determined on a quarterly basis, of the
            international banking facility's loans to banks in
            foreign countries, to foreign domiciled borrowers
            (except where secured primarily by real estate)
            and to foreign governments and other foreign
            official institutions, which were recorded in its
            financial accounts for the current taxable year.
            (C) Change to Consolidated Report of Condition and
        in Qualification. In the event the Consolidated Report
        of Condition which is filed with the Federal Deposit
        Insurance Corporation and other regulatory authorities
        is altered so that the information required for
        determining the floor amount is not found on Schedule
        A, lines 2.c., 5.b. and 7.a., the financial institution
        shall notify the Department and the Department may, by
        regulations or otherwise, prescribe or authorize the
        use of an alternative source for such information. The
        financial institution shall also notify the Department
        should its international banking facility fail to
        qualify as such, in whole or in part, or should there
        be any amendment or change to the Consolidated Report
        of Condition, as originally filed, to the extent such
        amendment or change alters the information used in
        determining the floor amount.
        (3) For taxable years ending on or after December 31,
    2008, the business income of a financial organization shall
    be apportioned to this State by multiplying such income by
    a fraction, the numerator of which is its gross receipts
    from sources in this State or otherwise attributable to
    this State's marketplace and the denominator of which is
    its gross receipts everywhere during the taxable year.
    "Gross receipts" for purposes of this subparagraph (3)
    means gross income, including net taxable gain on
    disposition of assets, including securities and money
    market instruments, when derived from transactions and
    activities in the regular course of the financial
    organization's trade or business. The following examples
    are illustrative:
            (i) Receipts from the lease or rental of real or
        tangible personal property are in this State if the
        property is located in this State during the rental
        period. Receipts from the lease or rental of tangible
        personal property that is characteristically moving
        property, including, but not limited to, motor
        vehicles, rolling stock, aircraft, vessels, or mobile
        equipment are from sources in this State to the extent
        that the property is used in this State.
            (ii) Interest income, commissions, fees, gains on
        disposition, and other receipts from assets in the
        nature of loans that are secured primarily by real
        estate or tangible personal property are from sources
        in this State if the security is located in this State.
            (iii) Interest income, commissions, fees, gains on
        disposition, and other receipts from consumer loans
        that are not secured by real or tangible personal
        property are from sources in this State if the debtor
        is a resident of this State.
            (iv) Interest income, commissions, fees, gains on
        disposition, and other receipts from commercial loans
        and installment obligations that are not secured by
        real or tangible personal property are from sources in
        this State if the proceeds of the loan are to be
        applied in this State. If it cannot be determined where
        the funds are to be applied, the income and receipts
        are from sources in this State if the office of the
        borrower from which the loan was negotiated in the
        regular course of business is located in this State. If
        the location of this office cannot be determined, the
        income and receipts shall be excluded from the
        numerator and denominator of the sales factor.
            (v) Interest income, fees, gains on disposition,
        service charges, merchant discount income, and other
        receipts from credit card receivables are from sources
        in this State if the card charges are regularly billed
        to a customer in this State.
            (vi) Receipts from the performance of services,
        including, but not limited to, fiduciary, advisory,
        and brokerage services, are in this State if the
        services are received in this State within the meaning
        of subparagraph (a)(3)(C-5)(iv) of this Section.
            (vii) Receipts from the issuance of travelers
        checks and money orders are from sources in this State
        if the checks and money orders are issued from a
        location within this State.
            (viii) Receipts from investment assets and
        activities and trading assets and activities are
        included in the receipts factor as follows:
                (1) Interest, dividends, net gains (but not
            less than zero) and other income from investment
            assets and activities from trading assets and
            activities shall be included in the receipts
            factor. Investment assets and activities and
            trading assets and activities include but are not
            limited to: investment securities; trading account
            assets; federal funds; securities purchased and
            sold under agreements to resell or repurchase;
            options; futures contracts; forward contracts;
            notional principal contracts such as swaps;
            equities; and foreign currency transactions. With
            respect to the investment and trading assets and
            activities described in subparagraphs (A) and (B)
            of this paragraph, the receipts factor shall
            include the amounts described in such
            subparagraphs.
                    (A) The receipts factor shall include the
                amount by which interest from federal funds
                sold and securities purchased under resale
                agreements exceeds interest expense on federal
                funds purchased and securities sold under
                repurchase agreements.
                    (B) The receipts factor shall include the
                amount by which interest, dividends, gains and
                other income from trading assets and
                activities, including but not limited to
                assets and activities in the matched book, in
                the arbitrage book, and foreign currency
                transactions, exceed amounts paid in lieu of
                interest, amounts paid in lieu of dividends,
                and losses from such assets and activities.
                (2) The numerator of the receipts factor
            includes interest, dividends, net gains (but not
            less than zero), and other income from investment
            assets and activities and from trading assets and
            activities described in paragraph (1) of this
            subsection that are attributable to this State.
                    (A) The amount of interest, dividends, net
                gains (but not less than zero), and other
                income from investment assets and activities
                in the investment account to be attributed to
                this State and included in the numerator is
                determined by multiplying all such income from
                such assets and activities by a fraction, the
                numerator of which is the gross income from
                such assets and activities which are properly
                assigned to a fixed place of business of the
                taxpayer within this State and the denominator
                of which is the gross income from all such
                assets and activities.
                    (B) The amount of interest from federal
                funds sold and purchased and from securities
                purchased under resale agreements and
                securities sold under repurchase agreements
                attributable to this State and included in the
                numerator is determined by multiplying the
                amount described in subparagraph (A) of
                paragraph (1) of this subsection from such
                funds and such securities by a fraction, the
                numerator of which is the gross income from
                such funds and such securities which are
                properly assigned to a fixed place of business
                of the taxpayer within this State and the
                denominator of which is the gross income from
                all such funds and such securities.
                    (C) The amount of interest, dividends,
                gains, and other income from trading assets and
                activities, including but not limited to
                assets and activities in the matched book, in
                the arbitrage book and foreign currency
                transactions (but excluding amounts described
                in subparagraphs (A) or (B) of this paragraph),
                attributable to this State and included in the
                numerator is determined by multiplying the
                amount described in subparagraph (B) of
                paragraph (1) of this subsection by a fraction,
                the numerator of which is the gross income from
                such trading assets and activities which are
                properly assigned to a fixed place of business
                of the taxpayer within this State and the
                denominator of which is the gross income from
                all such assets and activities.
                    (D) Properly assigned, for purposes of
                this paragraph (2) of this subsection, means
                the investment or trading asset or activity is
                assigned to the fixed place of business with
                which it has a preponderance of substantive
                contacts. An investment or trading asset or
                activity assigned by the taxpayer to a fixed
                place of business without the State shall be
                presumed to have been properly assigned if:
                        (i) the taxpayer has assigned, in the
                    regular course of its business, such asset
                    or activity on its records to a fixed place
                    of business consistent with federal or
                    state regulatory requirements;
                        (ii) such assignment on its records is
                    based upon substantive contacts of the
                    asset or activity to such fixed place of
                    business; and
                        (iii) the taxpayer uses such records
                    reflecting assignment of such assets or
                    activities for the filing of all state and
                    local tax returns for which an assignment
                    of such assets or activities to a fixed
                    place of business is required.
                    (E) The presumption of proper assignment
                of an investment or trading asset or activity
                provided in subparagraph (D) of paragraph (2)
                of this subsection may be rebutted upon a
                showing by the Department, supported by a
                preponderance of the evidence, that the
                preponderance of substantive contacts
                regarding such asset or activity did not occur
                at the fixed place of business to which it was
                assigned on the taxpayer's records. If the
                fixed place of business that has a
                preponderance of substantive contacts cannot
                be determined for an investment or trading
                asset or activity to which the presumption in
                subparagraph (D) of paragraph (2) of this
                subsection does not apply or with respect to
                which that presumption has been rebutted, that
                asset or activity is properly assigned to the
                state in which the taxpayer's commercial
                domicile is located. For purposes of this
                subparagraph (E), it shall be presumed,
                subject to rebuttal, that taxpayer's
                commercial domicile is in the state of the
                United States or the District of Columbia to
                which the greatest number of employees are
                regularly connected with the management of the
                investment or trading income or out of which
                they are working, irrespective of where the
                services of such employees are performed, as of
                the last day of the taxable year.
        (4) (Blank).
        (5) (Blank).
    (c-1) Federally regulated exchanges. For taxable years
ending on or after December 31, 2012, business income of a
federally regulated exchange shall, at the option of the
federally regulated exchange, be apportioned to this State by
multiplying such income by a fraction, the numerator of which
is its business income from sources within this State, and the
denominator of which is its business income from all sources.
For purposes of this subsection, the business income within
this State of a federally regulated exchange is the sum of the
following:
        (1) Receipts attributable to transactions executed on
    a physical trading floor if that physical trading floor is
    located in this State.
        (2) Receipts attributable to all other matching,
    execution, or clearing transactions, including without
    limitation receipts from the provision of matching,
    execution, or clearing services to another entity,
    multiplied by (i) for taxable years ending on or after
    December 31, 2012 but before December 31, 2013, 63.77%; and
    (ii) for taxable years ending on or after December 31,
    2013, 27.54%.
        (3) All other receipts not governed by subparagraphs
    (1) or (2) of this subsection (c-1), to the extent the
    receipts would be characterized as "sales in this State"
    under item (3) of subsection (a) of this Section.
    "Federally regulated exchange" means (i) a "registered
entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
or (C), (ii) an "exchange" or "clearing agency" within the
meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
entities regulated under any successor regulatory structure to
the foregoing, and (iv) all taxpayers who are members of the
same unitary business group as a federally regulated exchange,
determined without regard to the prohibition in Section
1501(a)(27) of this Act against including in a unitary business
group taxpayers who are ordinarily required to apportion
business income under different subsections of this Section;
provided that this subparagraph (iv) shall apply only if 50% or
more of the business receipts of the unitary business group
determined by application of this subparagraph (iv) for the
taxable year are attributable to the matching, execution, or
clearing of transactions conducted by an entity described in
subparagraph (i), (ii), or (iii) of this paragraph.
    In no event shall the Illinois apportionment percentage
computed in accordance with this subsection (c-1) for any
taxpayer for any tax year be less than the Illinois
apportionment percentage computed under this subsection (c-1)
for that taxpayer for the first full tax year ending on or
after December 31, 2013 for which this subsection (c-1) applied
to the taxpayer.
    (d) Transportation services. For taxable years ending
before December 31, 2008, business income derived from
furnishing transportation services shall be apportioned to
this State in accordance with paragraphs (1) and (2):
        (1) Such business income (other than that derived from
    transportation by pipeline) shall be apportioned to this
    State by multiplying such income by a fraction, the
    numerator of which is the revenue miles of the person in
    this State, and the denominator of which is the revenue
    miles of the person everywhere. For purposes of this
    paragraph, a revenue mile is the transportation of 1
    passenger or 1 net ton of freight the distance of 1 mile
    for a consideration. Where a person is engaged in the
    transportation of both passengers and freight, the
    fraction above referred to shall be determined by means of
    an average of the passenger revenue mile fraction and the
    freight revenue mile fraction, weighted to reflect the
    person's
            (A) relative railway operating income from total
        passenger and total freight service, as reported to the
        Interstate Commerce Commission, in the case of
        transportation by railroad, and
            (B) relative gross receipts from passenger and
        freight transportation, in case of transportation
        other than by railroad.
        (2) Such business income derived from transportation
    by pipeline shall be apportioned to this State by
    multiplying such income by a fraction, the numerator of
    which is the revenue miles of the person in this State, and
    the denominator of which is the revenue miles of the person
    everywhere. For the purposes of this paragraph, a revenue
    mile is the transportation by pipeline of 1 barrel of oil,
    1,000 cubic feet of gas, or of any specified quantity of
    any other substance, the distance of 1 mile for a
    consideration.
        (3) For taxable years ending on or after December 31,
    2008, business income derived from providing
    transportation services other than airline services shall
    be apportioned to this State by using a fraction, (a) the
    numerator of which shall be (i) all receipts from any
    movement or shipment of people, goods, mail, oil, gas, or
    any other substance (other than by airline) that both
    originates and terminates in this State, plus (ii) that
    portion of the person's gross receipts from movements or
    shipments of people, goods, mail, oil, gas, or any other
    substance (other than by airline) that originates in one
    state or jurisdiction and terminates in another state or
    jurisdiction, that is determined by the ratio that the
    miles traveled in this State bears to total miles
    everywhere and (b) the denominator of which shall be all
    revenue derived from the movement or shipment of people,
    goods, mail, oil, gas, or any other substance (other than
    by airline). Where a taxpayer is engaged in the
    transportation of both passengers and freight, the
    fraction above referred to shall first be determined
    separately for passenger miles and freight miles. Then an
    average of the passenger miles fraction and the freight
    miles fraction shall be weighted to reflect the taxpayer's:
            (A) relative railway operating income from total
        passenger and total freight service, as reported to the
        Surface Transportation Board, in the case of
        transportation by railroad; and
            (B) relative gross receipts from passenger and
        freight transportation, in case of transportation
        other than by railroad.
        (4) For taxable years ending on or after December 31,
    2008, business income derived from furnishing airline
    transportation services shall be apportioned to this State
    by multiplying such income by a fraction, the numerator of
    which is the revenue miles of the person in this State, and
    the denominator of which is the revenue miles of the person
    everywhere. For purposes of this paragraph, a revenue mile
    is the transportation of one passenger or one net ton of
    freight the distance of one mile for a consideration. If a
    person is engaged in the transportation of both passengers
    and freight, the fraction above referred to shall be
    determined by means of an average of the passenger revenue
    mile fraction and the freight revenue mile fraction,
    weighted to reflect the person's relative gross receipts
    from passenger and freight airline transportation.
    (e) Combined apportionment. Where 2 or more persons are
engaged in a unitary business as described in subsection
(a)(27) of Section 1501, a part of which is conducted in this
State by one or more members of the group, the business income
attributable to this State by any such member or members shall
be apportioned by means of the combined apportionment method.
    (f) Alternative allocation. If the allocation and
apportionment provisions of subsections (a) through (e) and of
subsection (h) do not, for taxable years ending before December
31, 2008, fairly represent the extent of a person's business
activity in this State, or, for taxable years ending on or
after December 31, 2008, fairly represent the market for the
person's goods, services, or other sources of business income,
the person may petition for, or the Director may, without a
petition, permit or require, in respect of all or any part of
the person's business activity, if reasonable:
        (1) Separate accounting;
        (2) The exclusion of any one or more factors;
        (3) The inclusion of one or more additional factors
    which will fairly represent the person's business
    activities or market in this State; or
        (4) The employment of any other method to effectuate an
    equitable allocation and apportionment of the person's
    business income.
    (g) Cross reference. For allocation of business income by
residents, see Section 301(a).
    (h) For tax years ending on or after December 31, 1998, the
apportionment factor of persons who apportion their business
income to this State under subsection (a) shall be equal to:
        (1) for tax years ending on or after December 31, 1998
    and before December 31, 1999, 16 2/3% of the property
    factor plus 16 2/3% of the payroll factor plus 66 2/3% of
    the sales factor;
        (2) for tax years ending on or after December 31, 1999
    and before December 31, 2000, 8 1/3% of the property factor
    plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
    factor;
        (3) for tax years ending on or after December 31, 2000,
    the sales factor.
If, in any tax year ending on or after December 31, 1998 and
before December 31, 2000, the denominator of the payroll,
property, or sales factor is zero, the apportionment factor
computed in paragraph (1) or (2) of this subsection for that
year shall be divided by an amount equal to 100% minus the
percentage weight given to each factor whose denominator is
equal to zero.
(Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12;
98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, eff. 7-16-14;
revised 10-19-15.)
 
    (35 ILCS 5/507DDD)
    Sec. 507DDD. Special Olympics Illinois and Special
Children's Checkoff. For taxable years beginning on or after
January 1, 2015, the Department shall print on its standard
individual income tax form a provision indicating that if the
taxpayer wishes to contribute to the Special Olympics Illinois
and Special Children's Charities Checkoff Fund as authorized by
Public Act 99-423 this amendatory Act of the 99th General
Assembly, he or she may do so by stating the amount of the
contribution (not less than $1) on the return and that the
contribution will reduce the taxpayer's refund or increase the
amount of payment to accompany the return. Failure to remit any
amount of increased payment shall reduce the contribution
accordingly. This Section shall not apply to an amended return.
For the purpose of this Section, the Department of Revenue must
distribute the moneys as provided in subsection 21.9(b) of the
Illinois Lottery Law: (i) 75% of the moneys to Special Olympics
Illinois to support the statewide training, competitions, and
programs for future Special Olympics athletes; and (ii) 25% of
the moneys to Special Children's Charities to support the City
of Chicago-wide training, competitions, and programs for
future Special Olympics athletes.
(Source: P.A. 99-423, eff. 8-20-15; revised 10-20-15.)
 
    Section 160. The Service Use Tax Act is amended by changing
Section 3-10 as follows:
 
    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 but
applies to 100% of the selling price thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability, and insulin, urine
testing materials, syringes, and needles used by diabetics, for
human use. For the purposes of this Section, until September 1,
2009: the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed bottle, can, carton,
or container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
    If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;
98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.
7-29-15; revised 10-16-15.)
 
    Section 165. The Service Occupation Tax Act is amended by
changing Section 3-10 as follows:
 
    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the
tangible personal property transferred incident to the
completion of the contract.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before December 31, 2018, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to
the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability, and insulin, urine
testing materials, syringes, and needles used by diabetics, for
human use. For the purposes of this Section, until September 1,
2009: the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed can, carton, or
container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
(Source: P.A. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;
98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.
7-29-15; revised 10-16-15.)
 
    Section 170. The Property Tax Code is amended by changing
Sections 9-195, 15-168, 15-169, 15-172, and 15-175 as follows:
 
    (35 ILCS 200/9-195)
    Sec. 9-195. Leasing of exempt property.
    (a) Except as provided in Sections 15-35, 15-55, 15-60,
15-100, 15-103, 15-160, and 15-185, when property which is
exempt from taxation is leased to another whose property is not
exempt, and the leasing of which does not make the property
taxable, the leasehold estate and the appurtenances shall be
listed as the property of the lessee thereof, or his or her
assignee. Taxes on that property shall be collected in the same
manner as on property that is not exempt, and the lessee shall
be liable for those taxes. However, no tax lien shall attach to
the exempt real estate. The changes made by Public Act 90-562
this amendatory Act of 1997 and by Public Act 91-513 this
amendatory Act of the 91st General Assembly are declaratory of
existing law and shall not be construed as a new enactment. The
changes made by Public Acts 88-221 and 88-420 that are
incorporated into this Section by Public Act 88-670 this
amendatory Act of 1993 are declarative of existing law and are
not a new enactment.
    (b) The provisions of this Section regarding taxation of
leasehold interests in exempt property do not apply to any
leasehold interest created pursuant to any transaction
described in subsection (e) of Section 15-35, subsection (c-5)
of Section 15-60, subsection (b) of Section 15-100, Section
15-103, Section 15-160, or Section 15-185 of this Code , or
Section 6c of the Downstate Forest Preserve District Act.
(Source: P.A. 99-219, eff. 7-31-15; revised 10-20-15.)
 
    (35 ILCS 200/15-168)
    Sec. 15-168. Homestead exemption for persons with
disabilities.
    (a) Beginning with taxable year 2007, an annual homestead
exemption is granted to persons with disabilities in the amount
of $2,000, except as provided in subsection (c), to be deducted
from the property's value as equalized or assessed by the
Department of Revenue. The person with a disability shall
receive the homestead exemption upon meeting the following
requirements:
        (1) The property must be occupied as the primary
    residence by the person with a disability.
        (2) The person with a disability must be liable for
    paying the real estate taxes on the property.
        (3) The person with a disability must be an owner of
    record of the property or have a legal or equitable
    interest in the property as evidenced by a written
    instrument. In the case of a leasehold interest in
    property, the lease must be for a single family residence.
    A person who has a disability during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act, then the exemption shall
continue (i) so long as the residence continues to be occupied
by the qualifying person's spouse or (ii) if the residence
remains unoccupied but is still owned by the person qualified
for the homestead exemption.
    (b) For the purposes of this Section, "person with a
disability" means a person unable to engage in any substantial
gainful activity by reason of a medically determinable physical
or mental impairment which can be expected to result in death
or has lasted or can be expected to last for a continuous
period of not less than 12 months. Persons with disabilities
filing claims under this Act shall submit proof of disability
in such form and manner as the Department shall by rule and
regulation prescribe. Proof that a claimant is eligible to
receive disability benefits under the Federal Social Security
Act shall constitute proof of disability for purposes of this
Act. Issuance of an Illinois Person with a Disability
Identification Card stating that the claimant is under a Class
2 disability, as defined in Section 4A of the Illinois
Identification Card Act, shall constitute proof that the person
named thereon is a person with a disability for purposes of
this Act. A person with a disability not covered under the
Federal Social Security Act and not presenting an Illinois
Person with a Disability Identification Card stating that the
claimant is under a Class 2 disability shall be examined by a
physician designated by the Department, and his status as a
person with a disability determined using the same standards as
used by the Social Security Administration. The costs of any
required examination shall be borne by the claimant.
    (c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a person with a disability. The person with a
disability shall receive the homestead exemption upon meeting
the following requirements:
        (1) The property must be occupied as the primary
    residence by the person with a disability.
        (2) The person with a disability must be liable by
    contract with the owner or owners of record for paying the
    apportioned property taxes on the property of the
    cooperative or life care facility. In the case of a life
    care facility, the person with a disability must be liable
    for paying the apportioned property taxes under a life care
    contract as defined in Section 2 of the Life Care
    Facilities Act.
        (3) The person with a disability must be an owner of
    record of a legal or equitable interest in the cooperative
    apartment building. A leasehold interest does not meet this
    requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying person with a disability. The chief
county assessment officer may request reasonable proof that the
association or firm has properly credited the exemption. A
person who willfully refuses to credit an exemption to the
qualified person with a disability is guilty of a Class B
misdemeanor.
    (d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
    In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be
given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the person with a disability in
the manner required by the chief county assessment officer.
    (e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; revised 10-20-15.)
 
    (35 ILCS 200/15-169)
    Sec. 15-169. Homestead exemption for veterans with
disabilities.
    (a) Beginning with taxable year 2007, an annual homestead
exemption, limited to the amounts set forth in subsections (b)
and (b-3), is granted for property that is used as a qualified
residence by a veteran with a disability.
    (b) For taxable years prior to 2015, the amount of the
exemption under this Section is as follows:
        (1) for veterans with a service-connected disability
    of at least (i) 75% for exemptions granted in taxable years
    2007 through 2009 and (ii) 70% for exemptions granted in
    taxable year 2010 and each taxable year thereafter, as
    certified by the United States Department of Veterans
    Affairs, the annual exemption is $5,000; and
        (2) for veterans with a service-connected disability
    of at least 50%, but less than (i) 75% for exemptions
    granted in taxable years 2007 through 2009 and (ii) 70% for
    exemptions granted in taxable year 2010 and each taxable
    year thereafter, as certified by the United States
    Department of Veterans Affairs, the annual exemption is
    $2,500.
    (b-3) For taxable years 2015 and thereafter:
        (1) if the veteran has a service connected disability
    of 30% or more but less than 50%, as certified by the
    United States Department of Veterans Affairs, then the
    annual exemption is $2,500;
        (2) if the veteran has a service connected disability
    of 50% or more but less than 70%, as certified by the
    United States Department of Veterans Affairs, then the
    annual exemption is $5,000; and
        (3) if the veteran has a service connected disability
    of 70% or more, as certified by the United States
    Department of Veterans Affairs, then the property is exempt
    from taxation under this Code.
    (b-5) If a homestead exemption is granted under this
Section and the person awarded the exemption subsequently
becomes a resident of a facility licensed under the Nursing
Home Care Act or a facility operated by the United States
Department of Veterans Affairs, then the exemption shall
continue (i) so long as the residence continues to be occupied
by the qualifying person's spouse or (ii) if the residence
remains unoccupied but is still owned by the person who
qualified for the homestead exemption.
    (c) The tax exemption under this Section carries over to
the benefit of the veteran's surviving spouse as long as the
spouse holds the legal or beneficial title to the homestead,
permanently resides thereon, and does not remarry. If the
surviving spouse sells the property, an exemption not to exceed
the amount granted from the most recent ad valorem tax roll may
be transferred to his or her new residence as long as it is
used as his or her primary residence and he or she does not
remarry.
    (c-1) Beginning with taxable year 2015, nothing in this
Section shall require the veteran to have qualified for or
obtained the exemption before death if the veteran was killed
in the line of duty.
    (d) The exemption under this Section applies for taxable
year 2007 and thereafter. A taxpayer who claims an exemption
under Section 15-165 or 15-168 may not claim an exemption under
this Section.
    (e) Each taxpayer who has been granted an exemption under
this Section must reapply on an annual basis. Application must
be made during the application period in effect for the county
of his or her residence. The assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption
provided by this Section by application, visual inspection,
questionnaire, or other reasonable methods. The determination
must be made in accordance with guidelines established by the
Department.
    (f) For the purposes of this Section:
    "Qualified residence" means real property, but less any
portion of that property that is used for commercial purposes,
with an equalized assessed value of less than $250,000 that is
the primary residence of a veteran with a disability. Property
rented for more than 6 months is presumed to be used for
commercial purposes.
    "Veteran" means an Illinois resident who has served as a
member of the United States Armed Forces on active duty or
State active duty, a member of the Illinois National Guard, or
a member of the United States Reserve Forces and who has
received an honorable discharge.
(Source: P.A. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15;
99-375, eff. 8-17-15; revised 10-9-15.)
 
    (35 ILCS 200/15-172)
    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
    (a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
    (b) As used in this Section:
    "Applicant" means an individual who has filed an
application under this Section.
    "Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
    "Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The
selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms
of this paragraph.
    "Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
    "Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
    "Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
    "Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.
    "Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Persons with Disabilities Property
Tax Relief Act, except that, beginning in assessment year 2001,
"income" does not include veteran's benefits.
    "Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
    "Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
    "Maximum income limitation" means:
        (1) $35,000 prior to taxable year 1999;
        (2) $40,000 in taxable years 1999 through 2003;
        (3) $45,000 in taxable years 2004 through 2005;
        (4) $50,000 in taxable years 2006 and 2007; and
        (5) $55,000 in taxable year 2008 and thereafter.
    "Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer
has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.
    "Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
    (c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written
instrument. This homestead exemption shall also apply to a
leasehold interest in a parcel of property improved with a
permanent structure that is a single family residence that is
occupied as a residence by a person who (i) is 65 years of age
or older during the taxable year, (ii) has a household income
that does not exceed the maximum income limitation, (iii) has a
legal or equitable ownership interest in the property as
lessee, and (iv) is liable for the payment of real property
taxes on that property.
    In counties of 3,000,000 or more inhabitants, the amount of
the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
        (1) For an applicant who has a household income of
    $45,000 or less, the amount of the exemption is the
    equalized assessed value of the residence in the taxable
    year for which application is made minus the base amount.
        (2) For an applicant who has a household income
    exceeding $45,000 but not exceeding $46,250, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.8.
        (3) For an applicant who has a household income
    exceeding $46,250 but not exceeding $47,500, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.6.
        (4) For an applicant who has a household income
    exceeding $47,500 but not exceeding $48,750, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.4.
        (5) For an applicant who has a household income
    exceeding $48,750 but not exceeding $50,000, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.2.
    When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
    Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall
give to the County Clerk a list of the assessed values of
improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
    In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract
with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
    When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act, the exemption shall be granted in subsequent
years so long as the residence (i) continues to be occupied by
the qualified applicant's spouse or (ii) if remaining
unoccupied, is still owned by the qualified applicant for the
homestead exemption.
    Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
    When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
    For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property
is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall
submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 2012. The applications
shall be clearly marked as applications for the Senior Citizens
Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
    Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician stating the nature and extent of the
condition, that, in the physician's opinion, the condition was
so severe that it rendered the applicant incapable of filing
the application in a timely manner, and the date on which the
applicant regained the capability to file the application.
    Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, and
that, in the physician's opinion, the condition was so severe
that it rendered the applicant incapable of filing the
application in a timely manner.
    In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
    For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
    The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
    Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
    Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
    (d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
    Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; revised 10-21-15.)
 
    (35 ILCS 200/15-175)
    Sec. 15-175. General homestead exemption.
    (a) Except as provided in Sections 15-176 and 15-177,
homestead property is entitled to an annual homestead exemption
limited, except as described here with relation to
cooperatives, to a reduction in the equalized assessed value of
homestead property equal to the increase in equalized assessed
value for the current assessment year above the equalized
assessed value of the property for 1977, up to the maximum
reduction set forth below. If however, the 1977 equalized
assessed value upon which taxes were paid is subsequently
determined by local assessing officials, the Property Tax
Appeal Board, or a court to have been excessive, the equalized
assessed value which should have been placed on the property
for 1977 shall be used to determine the amount of the
exemption.
    (b) Except as provided in Section 15-176, the maximum
reduction before taxable year 2004 shall be $4,500 in counties
with 3,000,000 or more inhabitants and $3,500 in all other
counties. Except as provided in Sections 15-176 and 15-177, for
taxable years 2004 through 2007, the maximum reduction shall be
$5,000, for taxable year 2008, the maximum reduction is $5,500,
and, for taxable years 2009 through 2011, the maximum reduction
is $6,000 in all counties. For taxable years 2012 and
thereafter, the maximum reduction is $7,000 in counties with
3,000,000 or more inhabitants and $6,000 in all other counties.
If a county has elected to subject itself to the provisions of
Section 15-176 as provided in subsection (k) of that Section,
then, for the first taxable year only after the provisions of
Section 15-176 no longer apply, for owners who, for the taxable
year, have not been granted a senior citizens assessment freeze
homestead exemption under Section 15-172 or a long-time
occupant homestead exemption under Section 15-177, there shall
be an additional exemption of $5,000 for owners with a
household income of $30,000 or less.
    (c) In counties with fewer than 3,000,000 inhabitants, if,
based on the most recent assessment, the equalized assessed
value of the homestead property for the current assessment year
is greater than the equalized assessed value of the property
for 1977, the owner of the property shall automatically receive
the exemption granted under this Section in an amount equal to
the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
    (d) If in any assessment year beginning with the 2000
assessment year, homestead property has a pro-rata valuation
under Section 9-180 resulting in an increase in the assessed
valuation, a reduction in equalized assessed valuation equal to
the increase in equalized assessed value of the property for
the year of the pro-rata valuation above the equalized assessed
value of the property for 1977 shall be applied to the property
on a proportionate basis for the period the property qualified
as homestead property during the assessment year. The maximum
proportionate homestead exemption shall not exceed the maximum
homestead exemption allowed in the county under this Section
divided by 365 and multiplied by the number of days the
property qualified as homestead property.
    (e) The chief county assessment officer may, when
considering whether to grant a leasehold exemption under this
Section, require the following conditions to be met:
        (1) that a notarized application for the exemption,
    signed by both the owner and the lessee of the property,
    must be submitted each year during the application period
    in effect for the county in which the property is located;
        (2) that a copy of the lease must be filed with the
    chief county assessment officer by the owner of the
    property at the time the notarized application is
    submitted;
        (3) that the lease must expressly state that the lessee
    is liable for the payment of property taxes; and
        (4) that the lease must include the following language
    in substantially the following form:
            "Lessee shall be liable for the payment of real
        estate taxes with respect to the residence in
        accordance with the terms and conditions of Section
        15-175 of the Property Tax Code (35 ILCS 200/15-175).
        The permanent real estate index number for the premises
        is (insert number), and, according to the most recent
        property tax bill, the current amount of real estate
        taxes associated with the premises is (insert amount)
        per year. The parties agree that the monthly rent set
        forth above shall be increased or decreased pro rata
        (effective January 1 of each calendar year) to reflect
        any increase or decrease in real estate taxes. Lessee
        shall be deemed to be satisfying Lessee's liability for
        the above mentioned real estate taxes with the monthly
        rent payments as set forth above (or increased or
        decreased as set forth herein).".
    In addition, if there is a change in lessee, or if the
lessee vacates the property, then the chief county assessment
officer may require the owner of the property to notify the
chief county assessment officer of that change.
    This subsection (e) does not apply to leasehold interests
in property owned by a municipality.
    (f) "Homestead property" under this Section includes
residential property that is occupied by its owner or owners as
his or their principal dwelling place, or that is a leasehold
interest on which a single family residence is situated, which
is occupied as a residence by a person who has an ownership
interest therein, legal or equitable or as a lessee, and on
which the person is liable for the payment of property taxes.
For land improved with an apartment building owned and operated
as a cooperative or a building which is a life care facility as
defined in Section 15-170 and considered to be a cooperative
under Section 15-170, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value
above the equalized assessed value of the property for 1977, up
to the maximum reduction set forth above, multiplied by the
number of apartments or units occupied by a person or persons
who is liable, by contract with the owner or owners of record,
for paying property taxes on the property and is an owner of
record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For
purposes of this Section, the term "life care facility" has the
meaning stated in Section 15-170.
    "Household", as used in this Section, means the owner, the
spouse of the owner, and all persons using the residence of the
owner as their principal place of residence.
    "Household income", as used in this Section, means the
combined income of the members of a household for the calendar
year preceding the taxable year.
    "Income", as used in this Section, has the same meaning as
provided in Section 3.07 of the Senior Citizens and Persons
with Disabilities Property Tax Relief Act, except that "income"
does not include veteran's benefits.
    (g) In a cooperative where a homestead exemption has been
granted, the cooperative association or its management firm
shall credit the savings resulting from that exemption only to
the apportioned tax liability of the owner who qualified for
the exemption. Any person who willfully refuses to so credit
the savings shall be guilty of a Class B misdemeanor.
    (h) Where married persons maintain and reside in separate
residences qualifying as homestead property, each residence
shall receive 50% of the total reduction in equalized assessed
valuation provided by this Section.
    (i) In all counties, the assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption and the
amount of the exemption by application, visual inspection,
questionnaire or other reasonable methods. The determination
shall be made in accordance with guidelines established by the
Department, provided that the taxpayer applying for an
additional general exemption under this Section shall submit to
the chief county assessment officer an application with an
affidavit of the applicant's total household income, age,
marital status (and, if married, the name and address of the
applicant's spouse, if known), and principal dwelling place of
members of the household on January 1 of the taxable year. The
Department shall issue guidelines establishing a method for
verifying the accuracy of the affidavits filed by applicants
under this paragraph. The applications shall be clearly marked
as applications for the Additional General Homestead
Exemption.
    (i-5) This subsection (i-5) applies to counties with
3,000,000 or more inhabitants. In the event of a sale of
homestead property, the homestead exemption shall remain in
effect for the remainder of the assessment year of the sale.
Upon receipt of a transfer declaration transmitted by the
recorder pursuant to Section 31-30 of the Real Estate Transfer
Tax Law for property receiving an exemption under this Section,
the assessor shall mail a notice and forms to the new owner of
the property providing information pertaining to the rules and
applicable filing periods for applying or reapplying for
homestead exemptions under this Code for which the property may
be eligible. If the new owner fails to apply or reapply for a
homestead exemption during the applicable filing period or the
property no longer qualifies for an existing homestead
exemption, the assessor shall cancel such exemption for any
ensuing assessment year.
    (j) In counties with fewer than 3,000,000 inhabitants, in
the event of a sale of homestead property the homestead
exemption shall remain in effect for the remainder of the
assessment year of the sale. The assessor or chief county
assessment officer may require the new owner of the property to
apply for the homestead exemption for the following assessment
year.
    (k) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143,
eff. 7-27-15; 99-164, eff. 7-28-15; revised 8-25-15.)
 
    Section 175. The Electricity Excise Tax Law is amended by
changing Section 2-10 as follows:
 
    (35 ILCS 640/2-10)
    Sec. 2-10. Election and registration to be self-assessing
purchaser. Any purchaser for non-residential electric use may
elect to register with the Department as a self-assessing
purchaser and to pay the tax imposed by Section 2-4 directly to
the Department, at the rate stated in that Section for
self-assessing purchasers, rather than paying the tax to such
purchaser's delivering supplier. The election by a purchaser to
register as a self-assessing purchaser may not be revoked by
the purchaser for at least 2 years thereafter. A purchaser who
revokes his or her registration as a self-assessing purchaser
shall not thereafter be permitted to register as a
self-assessing purchaser within the succeeding 2 years. A
self-assessing purchaser shall renew his or her registration
every 2 years, or the registration shall be deemed to be
revoked.
    Application for a certificate of registration as a
self-assessing purchaser shall be made to the Department upon
forms furnished by the Department and shall contain any
reasonable information the Department may require. The
self-assessing purchaser shall be required to disclose the name
of the delivering supplier or suppliers and each account
numbers for which the self-assessing purchaser elects to pay
the tax imposed by Section 2-4 directly to the Department. Upon
receipt of the application for a certificate of registration in
proper form and payment of a an non-refundable biennial fee of
$200, the Department shall issue to the applicant a certificate
of registration that permits the person to whom it was issued
to pay the tax incurred under this Law directly to the
Department for a period of 2 years. The Department shall notify
the delivering supplier or suppliers that the applicant has
been registered as a self-assessing purchaser for the accounts
listed by the self-assessing purchaser. A certificate of
registration under this Section shall be renewed upon
application and payment of a non-refundable biennial $200 fee,
subject to revocation as provided by this Law, for additional
2-year periods from the date of its expiration unless otherwise
notified by the Department.
    Upon notification by the Department that an applicant has
been registered as a self-assessing purchaser, the delivering
supplier is no longer required to collect the tax imposed by
this Act for the accounts specifically listed by the
self-assessing purchaser, until the delivering supplier is
notified by the Department as set forth below that the
self-assessing purchaser's certificate of registration has
been expired, revoked, or denied.
    The Department may deny a certificate of registration to
any applicant if the owner, any partner, any manager or member
of a limited liability company, or a corporate officer of the
applicant, is or has been the owner, a partner, a manager or
member of a limited liability company, or a corporate officer,
of another self-assessing purchaser that is in default for
moneys due under this Law.
    Any person aggrieved by any decision of the Department
under this Section may, within 20 days after notice of such
decision, protest and request a hearing, whereupon the
Department shall give notice to such person of the time and
place fixed for such hearing and shall hold a hearing in
conformity with the provisions of this Law and then issue its
final administrative decision in the matter to such person. In
the absence of such a protest within 20 days, the Department's
decision shall become final without any further determination
being made or notice given. Upon the expiration, revocation, or
denial of a certificate of registration as a self-assessing
purchaser, the Department of Revenue shall provide written
notice of the expiration, revocation, or denial of the
certificate to the self-assessing purchaser's delivering
supplier or suppliers.
(Source: P.A. 90-561, eff. 8-1-98; 90-624, eff. 7-10-98;
revised 10-13-15.)
 
    Section 180. The Illinois Pension Code is amended by
changing Sections 7-172.1 and 16-152 as follows:
 
    (40 ILCS 5/7-172.1)  (from Ch. 108 1/2, par. 7-172.1)
    Sec. 7-172.1. Actions to enforce payments by
municipalities and instrumentalities.
    (a) If any participating municipality or participating
instrumentality fails to transmit to the Fund contributions
required of it under this Article or contributions collected by
it from its participating employees for the purposes of this
Article for more than 60 days after the payment of such
contributions is due, the Fund, after giving notice to such
municipality or instrumentality, may certify to the State
Comptroller the amounts of such delinquent payments in
accordance with any applicable rules of the Comptroller, and
the Comptroller shall deduct the amounts so certified or any
part thereof from any payments of State funds to the
municipality or instrumentality involved and shall remit the
amount so deducted to the Fund. If State funds from which such
deductions may be made are not available, the Fund may proceed
against the municipality or instrumentality to recover the
amounts of such delinquent payments in the appropriate circuit
court.
    (b) If any participating municipality fails to transmit to
the Fund contributions required of it under this Article or
contributions collected by it from its participating employees
for the purposes of this Article for more than 60 days after
the payment of such contributions is due, the Fund, after
giving notice to such municipality, may certify the fact of
such delinquent payment to the county treasurer of the county
in which such municipality is located, who shall thereafter
remit the amounts collected from the tax levied by the
municipality under Section 7-171 directly to the Fund.
    (c) If reports furnished to the Fund by the municipality or
instrumentality involved are inadequate for the computation of
the amounts of such delinquent payments, the Fund may provide
for such audit of the records of the municipality or
instrumentality as may be required to establish the amounts of
such delinquent payments. The municipality or instrumentality
shall make its records available to the Fund for the purpose of
such audit. The cost of such audit shall be added to the amount
of the delinquent payments and shall be recovered by the Fund
from the municipality or instrumentality at the same time and
in the same manner as the delinquent payments are recovered.
(Source: P.A. 99-8, eff. 7-9-15; 99-239, eff. 8-3-15; revised
10-8-15.)
 
    (40 ILCS 5/16-152)  (from Ch. 108 1/2, par. 16-152)
    (Text of Section WITH the changes made by P.A. 98-599,
which has been held unconstitutional)
    Sec. 16-152. Contributions by members.
    (a) Except as provided in subsection (a-5), each member
shall make contributions for membership service to this System
as follows:
        (1) Effective July 1, 1998, contribut