98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5597

Introduced , by Rep. Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:
See Index

Creates the First 2014 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB5597LRB098 15874 AMC 50917 b
1 AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 2014 General
7Revisory Act.
8 (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4 (d) Public Acts 97-1145 through 98-589 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
9 Section 5. The Regulatory Sunset Act is amended by changing
10Section 4.34 as follows:
11 (5 ILCS 80/4.34)
12 Sec. 4.34. Acts and Section Act repealed on January 1,
132024. The following Acts and Section of an Act are is repealed
14on January 1, 2024:
15 The Electrologist Licensing Act.
16 The Illinois Certified Shorthand Reporters Act of
17 1984.
18 The Illinois Occupational Therapy Practice Act.
19 The Illinois Public Accounting Act.
20 The Private Detective, Private Alarm, Private
21 Security, Fingerprint Vendor, and Locksmith Act of 2004.
22 The Registered Surgical Assistant and Registered
23 Surgical Technologist Title Protection Act.
24 Section 2.5 of the Illinois Plumbing License Law.

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1 The Veterinary Medicine and Surgery Practice Act of
2 2004.
3(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13;
498-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff.
512-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445,
6eff. 12-31-13; revised 9-10-13.)
7 Section 10. The Open Meetings Act is amended by changing
8Section 2 as follows:
9 (5 ILCS 120/2) (from Ch. 102, par. 42)
10 Sec. 2. Open meetings.
11 (a) Openness required. All meetings of public bodies shall
12be open to the public unless excepted in subsection (c) and
13closed in accordance with Section 2a.
14 (b) Construction of exceptions. The exceptions contained
15in subsection (c) are in derogation of the requirement that
16public bodies meet in the open, and therefore, the exceptions
17are to be strictly construed, extending only to subjects
18clearly within their scope. The exceptions authorize but do not
19require the holding of a closed meeting to discuss a subject
20included within an enumerated exception.
21 (c) Exceptions. A public body may hold closed meetings to
22consider the following subjects:
23 (1) The appointment, employment, compensation,
24 discipline, performance, or dismissal of specific

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1 employees of the public body or legal counsel for the
2 public body, including hearing testimony on a complaint
3 lodged against an employee of the public body or against
4 legal counsel for the public body to determine its
5 validity.
6 (2) Collective negotiating matters between the public
7 body and its employees or their representatives, or
8 deliberations concerning salary schedules for one or more
9 classes of employees.
10 (3) The selection of a person to fill a public office,
11 as defined in this Act, including a vacancy in a public
12 office, when the public body is given power to appoint
13 under law or ordinance, or the discipline, performance or
14 removal of the occupant of a public office, when the public
15 body is given power to remove the occupant under law or
16 ordinance.
17 (4) Evidence or testimony presented in open hearing, or
18 in closed hearing where specifically authorized by law, to
19 a quasi-adjudicative body, as defined in this Act, provided
20 that the body prepares and makes available for public
21 inspection a written decision setting forth its
22 determinative reasoning.
23 (5) The purchase or lease of real property for the use
24 of the public body, including meetings held for the purpose
25 of discussing whether a particular parcel should be
26 acquired.

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1 (6) The setting of a price for sale or lease of
2 property owned by the public body.
3 (7) The sale or purchase of securities, investments, or
4 investment contracts. This exception shall not apply to the
5 investment of assets or income of funds deposited into the
6 Illinois Prepaid Tuition Trust Fund.
7 (8) Security procedures and the use of personnel and
8 equipment to respond to an actual, a threatened, or a
9 reasonably potential danger to the safety of employees,
10 students, staff, the public, or public property.
11 (9) Student disciplinary cases.
12 (10) The placement of individual students in special
13 education programs and other matters relating to
14 individual students.
15 (11) Litigation, when an action against, affecting or
16 on behalf of the particular public body has been filed and
17 is pending before a court or administrative tribunal, or
18 when the public body finds that an action is probable or
19 imminent, in which case the basis for the finding shall be
20 recorded and entered into the minutes of the closed
21 meeting.
22 (12) The establishment of reserves or settlement of
23 claims as provided in the Local Governmental and
24 Governmental Employees Tort Immunity Act, if otherwise the
25 disposition of a claim or potential claim might be
26 prejudiced, or the review or discussion of claims, loss or

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1 risk management information, records, data, advice or
2 communications from or with respect to any insurer of the
3 public body or any intergovernmental risk management
4 association or self insurance pool of which the public body
5 is a member.
6 (13) Conciliation of complaints of discrimination in
7 the sale or rental of housing, when closed meetings are
8 authorized by the law or ordinance prescribing fair housing
9 practices and creating a commission or administrative
10 agency for their enforcement.
11 (14) Informant sources, the hiring or assignment of
12 undercover personnel or equipment, or ongoing, prior or
13 future criminal investigations, when discussed by a public
14 body with criminal investigatory responsibilities.
15 (15) Professional ethics or performance when
16 considered by an advisory body appointed to advise a
17 licensing or regulatory agency on matters germane to the
18 advisory body's field of competence.
19 (16) Self evaluation, practices and procedures or
20 professional ethics, when meeting with a representative of
21 a statewide association of which the public body is a
22 member.
23 (17) The recruitment, credentialing, discipline or
24 formal peer review of physicians or other health care
25 professionals for a hospital, or other institution
26 providing medical care, that is operated by the public

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1 body.
2 (18) Deliberations for decisions of the Prisoner
3 Review Board.
4 (19) Review or discussion of applications received
5 under the Experimental Organ Transplantation Procedures
6 Act.
7 (20) The classification and discussion of matters
8 classified as confidential or continued confidential by
9 the State Government Suggestion Award Board.
10 (21) Discussion of minutes of meetings lawfully closed
11 under this Act, whether for purposes of approval by the
12 body of the minutes or semi-annual review of the minutes as
13 mandated by Section 2.06.
14 (22) Deliberations for decisions of the State
15 Emergency Medical Services Disciplinary Review Board.
16 (23) The operation by a municipality of a municipal
17 utility or the operation of a municipal power agency or
18 municipal natural gas agency when the discussion involves
19 (i) contracts relating to the purchase, sale, or delivery
20 of electricity or natural gas or (ii) the results or
21 conclusions of load forecast studies.
22 (24) Meetings of a residential health care facility
23 resident sexual assault and death review team or the
24 Executive Council under the Abuse Prevention Review Team
25 Act.
26 (25) Meetings of an independent team of experts under

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1 Brian's Law.
2 (26) Meetings of a mortality review team appointed
3 under the Department of Juvenile Justice Mortality Review
4 Team Act.
5 (27) (Blank).
6 (28) Correspondence and records (i) that may not be
7 disclosed under Section 11-9 of the Public Aid Code or (ii)
8 that pertain to appeals under Section 11-8 of the Public
9 Aid Code.
10 (29) Meetings between internal or external auditors
11 and governmental audit committees, finance committees, and
12 their equivalents, when the discussion involves internal
13 control weaknesses, identification of potential fraud risk
14 areas, known or suspected frauds, and fraud interviews
15 conducted in accordance with generally accepted auditing
16 standards of the United States of America.
17 (30) Those meetings or portions of meetings of an
18 at-risk adult fatality review team or the Illinois At-Risk
19 Adult Fatality Review Team Advisory Council during which a
20 review of the death of an eligible adult in which abuse or
21 neglect is suspected, alleged, or substantiated is
22 conducted pursuant to Section 15 of the Adult Protective
23 Services Act.
24 (31) (30) Meetings and deliberations for decisions of
25 the Concealed Carry Licensing Review Board under the
26 Firearm Concealed Carry Act.

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1 (d) Definitions. For purposes of this Section:
2 "Employee" means a person employed by a public body whose
3relationship with the public body constitutes an
4employer-employee relationship under the usual common law
5rules, and who is not an independent contractor.
6 "Public office" means a position created by or under the
7Constitution or laws of this State, the occupant of which is
8charged with the exercise of some portion of the sovereign
9power of this State. The term "public office" shall include
10members of the public body, but it shall not include
11organizational positions filled by members thereof, whether
12established by law or by a public body itself, that exist to
13assist the body in the conduct of its business.
14 "Quasi-adjudicative body" means an administrative body
15charged by law or ordinance with the responsibility to conduct
16hearings, receive evidence or testimony and make
17determinations based thereon, but does not include local
18electoral boards when such bodies are considering petition
19challenges.
20 (e) Final action. No final action may be taken at a closed
21meeting. Final action shall be preceded by a public recital of
22the nature of the matter being considered and other information
23that will inform the public of the business being conducted.
24(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
2597-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
268-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised

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17-23-13.)
2 Section 15. The Freedom of Information Act is amended by
3changing Sections 3.2 and 7.5 as follows:
4 (5 ILCS 140/3.2)
5 Sec. 3.2. Recurrent requesters.
6 (a) Notwithstanding Nothwithstanding any provision of this
7Act to the contrary, a public body shall respond to a request
8from a recurrent requester, as defined in subsection (g) of
9Section 2, within 21 business days after receipt. The response
10shall (i) provide to the requester an estimate of the time
11required by the public body to provide the records requested
12and an estimate of the fees to be charged, which the public
13body may require the person to pay in full before copying the
14requested documents, (ii) deny the request pursuant to one or
15more of the exemptions set out in this Act, (iii) notify the
16requester that the request is unduly burdensome and extend an
17opportunity to the requester to attempt to reduce the request
18to manageable proportions, or (iv) provide the records
19requested.
20 (b) Within 5 business days after receiving a request from a
21recurrent requester, as defined in subsection (g) of Section 2,
22the public body shall notify the requester (i) that the public
23body is treating the request as a request under subsection (g)
24of Section 2, (ii) of the reasons why the public body is

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1treating the request as a request under subsection (g) of
2Section 2, and (iii) that the public body will send an initial
3response within 21 business days after receipt in accordance
4with subsection (a) of this Section. The public body shall also
5notify the requester of the proposed responses that can be
6asserted pursuant to subsection (a) of this Section.
7 (c) Unless the records are exempt from disclosure, a public
8body shall comply with a request within a reasonable period
9considering the size and complexity of the request.
10(Source: P.A. 97-579, eff. 8-26-11; revised 9-4-13.)
11 (5 ILCS 140/7.5)
12 Sec. 7.5. Statutory Exemptions. To the extent provided for
13by the statutes referenced below, the following shall be exempt
14from inspection and copying:
15 (a) All information determined to be confidential under
16Section 4002 of the Technology Advancement and Development Act.
17 (b) Library circulation and order records identifying
18library users with specific materials under the Library Records
19Confidentiality Act.
20 (c) Applications, related documents, and medical records
21received by the Experimental Organ Transplantation Procedures
22Board and any and all documents or other records prepared by
23the Experimental Organ Transplantation Procedures Board or its
24staff relating to applications it has received.
25 (d) Information and records held by the Department of

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1Public Health and its authorized representatives relating to
2known or suspected cases of sexually transmissible disease or
3any information the disclosure of which is restricted under the
4Illinois Sexually Transmissible Disease Control Act.
5 (e) Information the disclosure of which is exempted under
6Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of the
8Architectural, Engineering, and Land Surveying Qualifications
9Based Selection Act.
10 (g) Information the disclosure of which is restricted and
11exempted under Section 50 of the Illinois Prepaid Tuition Act.
12 (h) Information the disclosure of which is exempted under
13the State Officials and Employees Ethics Act, and records of
14any lawfully created State or local inspector general's office
15that would be exempt if created or obtained by an Executive
16Inspector General's office under that Act.
17 (i) Information contained in a local emergency energy plan
18submitted to a municipality in accordance with a local
19emergency energy plan ordinance that is adopted under Section
2011-21.5-5 of the Illinois Municipal Code.
21 (j) Information and data concerning the distribution of
22surcharge moneys collected and remitted by wireless carriers
23under the Wireless Emergency Telephone Safety Act.
24 (k) Law enforcement officer identification information or
25driver identification information compiled by a law
26enforcement agency or the Department of Transportation under

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

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

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1records of the Concealed Carry Licensing Review Board under the
2Firearm Concealed Carry Act, and law enforcement agency
3objections under the Firearm Concealed Carry Act.
4 (w) Personally identifiable information which is exempted
5from disclosure under subsection (g) of Section 19.1 of the
6Toll Highway Act.
7 (x) Information which is exempted from disclosure under
8Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
9Illinois Municipal Code.
10 (y) Confidential information under the Adult Protective
11Services Act and its predecessor enabling statute, the Elder
12Abuse and Neglect Act, including information about the identity
13and administrative finding against any caregiver of a verified
14and substantiated decision of significant abuse, neglect, or
15financial exploitation of an eligible adult maintained in the
16Department of Public Health's Health Care Worker Registry.
17 (z) Records and information provided to an at-risk adult
18fatality review team or the Illinois At-Risk Adult Fatality
19Review Team Advisory Council under Section 15 of the Adult
20Protective Services Act.
21(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
22eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
23eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
24 Section 20. The State Employee Indemnification Act is
25amended by changing Section 1 as follows:

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1 (5 ILCS 350/1) (from Ch. 127, par. 1301)
2 Sec. 1. Definitions. For the purpose of this Act:
3 (a) The term "State" means the State of Illinois, the
4General Assembly, the court, or any State office, department,
5division, bureau, board, commission, or committee, the
6governing boards of the public institutions of higher education
7created by the State, the Illinois National Guard, the
8Comprehensive Health Insurance Board, any poison control
9center designated under the Poison Control System Act that
10receives State funding, or any other agency or instrumentality
11of the State. It does not mean any local public entity as that
12term is defined in Section 1-206 of the Local Governmental and
13Governmental Employees Tort Immunity Act or a pension fund.
14 (b) The term "employee" means any present or former elected
15or appointed officer, trustee or employee of the State, or of a
16pension fund, any present or former commissioner or employee of
17the Executive Ethics Commission or of the Legislative Ethics
18Commission, any present or former Executive, Legislative, or
19Auditor General's Inspector General, any present or former
20employee of an Office of an Executive, Legislative, or Auditor
21General's Inspector General, any present or former member of
22the Illinois National Guard while on active duty, individuals
23or organizations who contract with the Department of
24Corrections, the Department of Juvenile Justice, the
25Comprehensive Health Insurance Board, or the Department of

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1Veterans' Affairs to provide services, individuals or
2organizations who contract with the Department of Human
3Services (as successor to the Department of Mental Health and
4Developmental Disabilities) to provide services including but
5not limited to treatment and other services for sexually
6violent persons, individuals or organizations who contract
7with the Department of Military Affairs for youth programs,
8individuals or organizations who contract to perform carnival
9and amusement ride safety inspections for the Department of
10Labor, individual representatives of or designated
11organizations authorized to represent the Office of State
12Long-Term Ombudsman for the Department on Aging, individual
13representatives of or organizations designated by the
14Department on Aging in the performance of their duties as adult
15protective services agencies or regional administrative
16agencies under the Adult Protective Services Act, individuals
17or organizations appointed as members of a review team or the
18Advisory Council under the Adult Protective Services Act,
19individuals or organizations who perform volunteer services
20for the State where such volunteer relationship is reduced to
21writing, individuals who serve on any public entity (whether
22created by law or administrative action) described in paragraph
23(a) of this Section, individuals or not for profit
24organizations who, either as volunteers, where such volunteer
25relationship is reduced to writing, or pursuant to contract,
26furnish professional advice or consultation to any agency or

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1instrumentality of the State, individuals who serve as foster
2parents for the Department of Children and Family Services when
3caring for a Department ward, individuals who serve as members
4of an independent team of experts under Brian's Law, and
5individuals who serve as arbitrators pursuant to Part 10A of
6Article II of the Code of Civil Procedure and the rules of the
7Supreme Court implementing Part 10A, each as now or hereafter
8amended, but does not mean an independent contractor except as
9provided in this Section. The term includes an individual
10appointed as an inspector by the Director of State Police when
11performing duties within the scope of the activities of a
12Metropolitan Enforcement Group or a law enforcement
13organization established under the Intergovernmental
14Cooperation Act. An individual who renders professional advice
15and consultation to the State through an organization which
16qualifies as an "employee" under the Act is also an employee.
17The term includes the estate or personal representative of an
18employee.
19 (c) The term "pension fund" means a retirement system or
20pension fund created under the Illinois Pension Code.
21(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; revised
228-9-13.)
23 Section 25. The State Employees Group Insurance Act of 1971
24is amended by setting forth, renumbering, and changing multiple
25versions of Section 2.5 as follows:

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1 (5 ILCS 375/2.5)
2 Sec. 2.5. Application to Regional Transportation Authority
3Board members. Notwithstanding any other provision of this Act
4to the contrary, this Act does not apply to any member of the
5Regional Transportation Authority Board who first becomes a
6member of that Board on or after July 23, 2013 (the effective
7date of Public Act 98-108) this amendatory Act of the 98th
8General Assembly with respect to service of that Board.
9(Source: P.A. 98-108, eff. 7-23-13; revised 9-6-13.)
10 (5 ILCS 375/2.9)
11 Sec. 2.9 2.5. State healthcare purchasing. On and after the
12date 6 months after August 16, 2013 (the effective date of
13Public Act 98-488) this amendatory Act of the 98th General
14Assembly, as provided in the Executive Order 1 (2012)
15Implementation Act, all of the powers, duties, rights, and
16responsibilities related to State healthcare purchasing under
17this Act that were transferred from the Department of Central
18Management Services to the Department of Healthcare and Family
19Services by Executive Order 3 (2005) are transferred back to
20the Department.
21(Source: P.A. 98-488, eff. 8-16-13; revised 9-6-13.)
22 Section 30. The State Commemorative Dates Act is amended by
23setting forth, renumbering, and changing multiple versions of

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1Section 175 as follows:
2 (5 ILCS 490/175)
3 Sec. 175. Mother Mary Ann Bickerdyke Day. The second
4Wednesday in May of each year is designated as Mother Mary Ann
5Bickerdyke Day, to be observed throughout the State as a day
6set apart to honor Mother Mary Ann Bickerdyke of Galesburg,
7military nurses, and the contribution of nurses to the State of
8Illinois and the United States of America.
9(Source: P.A. 98-141, eff. 8-2-13.)
10 (5 ILCS 490/180)
11 Sec. 180 175. Chronic Obstructive Pulmonary Disease (COPD)
12Month. The month of November in each year is designated as
13Chronic Obstructive Pulmonary Disease (COPD) Month to be
14observed throughout the State as a month for the people of
15Illinois to support efforts to decrease the prevalence of COPD,
16develop better treatments, and work toward an eventual cure
17through increased research, treatment, and prevention.
18(Source: P.A. 98-220, eff. 8-9-13; revised 9-9-13.)
19 (5 ILCS 490/185)
20 Sec. 185 175. Eat Local, Buy Illinois Products Day. The
21first Saturday of each month is designated as Eat Local, Buy
22Illinois Products Day to promote local food initiatives and ,
23Illinois agribusiness, and to encourage residents to re-invest

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1in the local economy. The Department of Agriculture's Illinois
2Product Logo Program shall assist in increasing awareness and
3sales of Illinois food and agribusiness products.
4(Source: P.A. 98-341, eff. 8-13-13; revised 9-9-13.)
5 Section 35. The Election Code is amended by changing
6Sections 1A-16.5, 4-10, 5-9, 10-4, 19-4, 24A-15.1, 24A-16, and
728-3 as follows:
8 (10 ILCS 5/1A-16.5)
9 Sec. 1A-16.5. Online voter registration.
10 (a) The State Board of Elections shall establish and
11maintain a system for online voter registration that permits a
12person to apply to register to vote or to update his or her
13existing voter registration. In accordance with technical
14specifications provided by the State Board of Elections, each
15election authority shall maintain a voter registration system
16capable of receiving and processing voter registration
17application information, including electronic signatures, from
18the online voter registration system established by the State
19Board of Elections.
20 (b) The online voter registration system shall employ
21security measures to ensure the accuracy and integrity of voter
22registration applications submitted electronically pursuant to
23this Section.
24 (c) The Board may receive voter registration information

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1provided by applicants using the State Board of Elections'
2website, may cross reference that information with data or
3information contained in the Secretary of State's database in
4order to match the information submitted by applicants, and may
5receive from the Secretary of State the applicant's digitized
6signature upon a successful match of that applicant's
7information with that contained in the Secretary of State's
8database.
9 (d) Notwithstanding any other provision of law, a person
10who is qualified to register to vote and who has an authentic
11Illinois driver's license or State identification card issued
12by the Secretary of State may submit an application to register
13to vote electronically on a website maintained by the State
14Board of Elections.
15 (e) An online voter registration application shall contain
16all of the information that is required for a paper application
17as provided in Section 1A-16 of this Code, except that the
18applicant shall be required to provide:
19 (1) the applicant's full Illinois driver's license or
20 State identification card number;
21 (2) the last 4 digits of the applicant's social
22 security number; and
23 (3) the date the Illinois driver's license or State
24 identification card was issued.
25 (f) For an applicant's registration or change in
26registration to be accepted, the applicant shall mark the box

HB5597- 23 -LRB098 15874 AMC 50917 b
1associated with the following statement included as part of the
2online voter registration application:
3 "By clicking on the box below, I swear or affirm all of the
4following:
5 (1) I am the person whose name and identifying information
6is provided on this form, and I desire to register to vote in
7the State of Illinois.
8 (2) All the information I have provided on this form is
9true and correct as of the date I am submitting this form.
10 (3) I authorize the Secretary of State to transmit to the
11State Board of Elections my signature that is on file with the
12Secretary of State and understand that such signature will be
13used by my local election authority on this online voter
14registration application for admission as an elector as if I
15had signed this form personally.".
16 (g) Immediately upon receiving a completed online voter
17registration application, the online voter registration system
18shall send, by electronic mail, a confirmation notice that the
19application has been received. Within 48 hours of receiving
20such an application, the online voter registration system shall
21send by electronic mail, a notice informing the applicant of
22whether the following information has been matched with the
23Secretary of State database:
24 (1) that the applicant has an authentic Illinois
25 driver's license or State identification card issued by the
26 Secretary of State and that the driver's license or State

HB5597- 24 -LRB098 15874 AMC 50917 b
1 identification number provided by the applicant matches
2 the driver's license or State identification card number
3 for that person on file with the Secretary of State;
4 (2) that the date of issuance of the Illinois driver's
5 license or State identification card listed on the
6 application matches the date of issuance of that card for
7 that person on file with the Secretary of State;
8 (3) that the date of birth provided by the applicant
9 matches the date of birth for that person on file with the
10 Secretary of State; and
11 (4) that the last 4 digits of the applicant's social
12 security number matches the last 4 four digits for that
13 person on file with the Secretary of State.
14 (h) If the information provided by the applicant matches
15the information on the Secretary of State's databases for any
16driver's license and State identification card holder and is
17matched as provided in subsection (g) above, the online voter
18registration system shall:
19 (1) retrieve from the Secretary of State's database
20 files an electronic copy of the applicant's signature from
21 his or her Illinois driver's license or State
22 identification card and such signature shall be deemed to
23 be the applicant's signature on his or her online voter
24 registration application;
25 (2) within 2 days of receiving the application, forward
26 to the county clerk or board of election commissioners

HB5597- 25 -LRB098 15874 AMC 50917 b
1 having jurisdiction over the applicant's voter
2 registration: (i) the application, along with the
3 applicant's relevant data that can be directly loaded into
4 the jurisdiction's voter registration system and (ii) a
5 copy of the applicant's electronic signature and a
6 certification from the State Board of Elections that the
7 applicant's driver's license or State identification card
8 number, driver's license or State identification card date
9 of issuance, and date of birth and social security
10 information have been successfully matched.
11 (i) Upon receipt of the online voter registration
12application, the county clerk or board of election
13commissioners having jurisdiction over the applicant's voter
14registration shall promptly search its voter registration
15database to determine whether the applicant is already
16registered to vote at the address on the application and
17whether the new registration would create a duplicate
18registration. If the applicant is already registered to vote at
19the address on the application, the clerk or board, as the case
20may be, shall send the applicant by first class mail, and
21electronic mail if the applicant has provided an electronic
22mail address on the original voter registration form for that
23address, a disposition notice as otherwise required by law
24informing the applicant that he or she is already registered to
25vote at such address. If the applicant is not already
26registered to vote at the address on the application and the

HB5597- 26 -LRB098 15874 AMC 50917 b
1applicant is otherwise eligible to register to vote, the clerk
2or board, as the case may be, shall:
3 (1) enter the name and address of the applicant on the
4 list of registered voters in the jurisdiction; and
5 (2) send by mail, and electronic mail if the applicant
6 has provided an electronic mail address on the voter
7 registration form, a disposition notice to the applicant as
8 otherwise provided by law setting forth the applicant's
9 name and address as it appears on the application and
10 stating that the person is registered to vote.
11 (j) An electronic signature of the person submitting a
12duplicate registration application or a change of address form
13that is retrieved and imported from the Secretary of State's
14driver's license or State identification card database as
15provided herein may, in the discretion of the clerk or board,
16be substituted for and replace any existing signature for that
17individual in the voter registration database of the county
18clerk or board of election commissioners.
19 (k) Any new registration or change of address submitted
20electronically as provided in this Section shall become
21effective as of the date it is received by the county clerk or
22board of election commissioners having jurisdiction over said
23registration. Disposition notices prescribed in this Section
24shall be sent within 5 business days of receipt of the online
25application or change of address by the county clerk or board
26of election commissioners.

HB5597- 27 -LRB098 15874 AMC 50917 b
1 (l) All provisions of this Code governing voter
2registration and applicable thereto and not inconsistent with
3this Section shall apply to online voter registration under
4this Section. All applications submitted on a website
5maintained by the State Board of Elections shall be deemed
6timely filed if they are submitted no later than 11:59 p.m. on
7the final day for voter registration prior to an election.
8After the registration period for an upcoming election has
9ended and until the 2nd day following such election, the web
10page containing the online voter registration form on the State
11Board of Elections website shall inform users of the procedure
12for grace period voting.
13 (m) The State Board of Elections shall maintain a list of
14the name, street address, e-mail address, and likely precinct,
15ward, township, and district numbers, as the case may be, of
16people who apply to vote online through the voter registration
17system and those names and that information shall be stored in
18an electronic format on its website, arranged by county and
19accessible to State and local political committees.
20 (n) The Illinois State Board of Elections shall submit a
21report to the General Assembly and the Governor by January 31,
222014 detailing the progress made to implement the online voter
23registration system described in this Section.
24 (o) The online voter registration system provided for in
25this Section shall be fully operational by July 1, 2014.
26(Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)

HB5597- 28 -LRB098 15874 AMC 50917 b
1 (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
2 Sec. 4-10. Except as herein provided, no person shall be
3registered, unless he applies in person to a registration
4officer, answers such relevant questions as may be asked of him
5by the registration officer, and executes the affidavit of
6registration. The registration officer shall require the
7applicant to furnish two forms of identification, and except in
8the case of a homeless individual, one of which must include
9his or her residence address. These forms of identification
10shall include, but not be limited to, any of the following:
11driver's license, social security card, public aid
12identification card, utility bill, employee or student
13identification card, lease or contract for a residence, credit
14card, or a civic, union or professional association membership
15card. The registration officer shall require a homeless
16individual to furnish evidence of his or her use of the mailing
17address stated. This use may be demonstrated by a piece of mail
18addressed to that individual and received at that address or by
19a statement from a person authorizing use of the mailing
20address. The registration officer shall require each applicant
21for registration to read or have read to him the affidavit of
22registration before permitting him to execute the affidavit.
23 One of the registration officers or a deputy registration
24officer, county clerk, or clerk in the office of the county
25clerk, shall administer to all persons who shall personally

HB5597- 29 -LRB098 15874 AMC 50917 b
1apply to register the following oath or affirmation:
2 "You do solemnly swear (or affirm) that you will fully and
3truly answer all such questions as shall be put to you touching
4your name, place of residence, place of birth, your
5qualifications as an elector and your right as such to register
6and vote under the laws of the State of Illinois."
7 The registration officer shall satisfy himself that each
8applicant for registration is qualified to register before
9registering him. If the registration officer has reason to
10believe that the applicant is a resident of a Soldiers' and
11Sailors' Home or any facility which is licensed or certified
12pursuant to the Nursing Home Care Act, the Specialized Mental
13Health Rehabilitation Act of 2013, or the ID/DD Community Care
14Act, the following question shall be put, "When you entered the
15home which is your present address, was it your bona fide
16intention to become a resident thereof?" Any voter of a
17township, city, village or incorporated town in which such
18applicant resides, shall be permitted to be present at the
19place of any precinct registration and shall have the right to
20challenge any applicant who applies to be registered.
21 In case the officer is not satisfied that the applicant is
22qualified he shall forthwith notify such applicant in writing
23to appear before the county clerk to complete his registration.
24Upon the card of such applicant shall be written the word
25"incomplete" and no such applicant shall be permitted to vote
26unless such registration is satisfactorily completed as

HB5597- 30 -LRB098 15874 AMC 50917 b
1hereinafter provided. No registration shall be taken and marked
2as incomplete if information to complete it can be furnished on
3the date of the original application.
4 Any person claiming to be an elector in any election
5precinct and whose registration card is marked "Incomplete" may
6make and sign an application in writing, under oath, to the
7county clerk in substance in the following form:
8 "I do solemnly swear that I, ...., did on (insert date)
9make application to the board of registry of the .... precinct
10of the township of .... (or to the county clerk of .... county)
11and that said board or clerk refused to complete my
12registration as a qualified voter in said precinct. That I
13reside in said precinct, that I intend to reside in said
14precinct, and am a duly qualified voter of said precinct and am
15entitled to be registered to vote in said precinct at the next
16election.
17(Signature of applicant) ............................."
18 All such applications shall be presented to the county
19clerk or to his duly authorized representative by the
20applicant, in person between the hours of 9:00 a.m. and 5:00
21p.m. on any day after the days on which the 1969 and 1970
22precinct re-registrations are held but not on any day within 27
23days preceding the ensuing general election and thereafter for
24the registration provided in Section 4-7 all such applications
25shall be presented to the county clerk or his duly authorized

HB5597- 31 -LRB098 15874 AMC 50917 b
1representative by the applicant in person between the hours of
29:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
3the ensuing general election. Such application shall be heard
4by the county clerk or his duly authorized representative at
5the time the application is presented. If the applicant for
6registration has registered with the county clerk, such
7application may be presented to and heard by the county clerk
8or by his duly authorized representative upon the dates
9specified above or at any time prior thereto designated by the
10county clerk.
11 Any otherwise qualified person who is absent from his
12county of residence either due to business of the United States
13or because he is temporarily outside the territorial limits of
14the United States may become registered by mailing an
15application to the county clerk within the periods of
16registration provided for in this Article, or by simultaneous
17application for absentee registration and absentee ballot as
18provided in Article 20 of this Code.
19 Upon receipt of such application the county clerk shall
20immediately mail an affidavit of registration in duplicate,
21which affidavit shall contain the following and such other
22information as the State Board of Elections may think it proper
23to require for the identification of the applicant:
24 Name. The name of the applicant, giving surname and first
25or Christian name in full, and the middle name or the initial
26for such middle name, if any.

HB5597- 32 -LRB098 15874 AMC 50917 b
1 Sex.
2 Residence. The name and number of the street, avenue or
3other location of the dwelling, and such additional clear and
4definite description as may be necessary to determine the exact
5location of the dwelling of the applicant. Where the location
6cannot be determined by street and number, then the Section,
7congressional township and range number may be used, or such
8other information as may be necessary, including post office
9mailing address.
10 Electronic mail address, if the registrant has provided
11this information.
12 Term of residence in the State of Illinois and the
13precinct.
14 Nativity. The State or country in which the applicant was
15born.
16 Citizenship. Whether the applicant is native born or
17naturalized. If naturalized, the court, place and date of
18naturalization.
19 Age. Date of birth, by month, day and year.
20 Out of State address of ..........................
21
AFFIDAVIT OF REGISTRATION
22State of ...........)
23 )ss
24County of ..........)
25 I hereby swear (or affirm) that I am a citizen of the
26United States; that on the day of the next election I shall

HB5597- 33 -LRB098 15874 AMC 50917 b
1have resided in the State of Illinois and in the election
2precinct 30 days; that I am fully qualified to vote, that I am
3not registered to vote anywhere else in the United States, that
4I intend to remain a resident of the State of Illinois and of
5the election precinct, that I intend to return to the State of
6Illinois, and that the above statements are true.
7
..............................
8
(His or her signature or mark)
9 Subscribed and sworn to before me, an officer qualified to
10administer oaths, on (insert date).
11
........................................
12
Signature of officer administering oath.
13 Upon receipt of the executed duplicate affidavit of
14Registration, the county clerk shall transfer the information
15contained thereon to duplicate Registration Cards provided for
16in Section 4-8 of this Article and shall attach thereto a copy
17of each of the duplicate affidavit of registration and
18thereafter such registration card and affidavit shall
19constitute the registration of such person the same as if he
20had applied for registration in person.
21(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
22eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
23revised 8-9-13.)
24 (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
25 Sec. 5-9. Except as herein provided, no person shall be

HB5597- 34 -LRB098 15874 AMC 50917 b
1registered unless he applies in person to registration officer,
2answers such relevant questions as may be asked of him by the
3registration officer, and executes the affidavit of
4registration. The registration officer shall require the
5applicant to furnish two forms of identification, and except in
6the case of a homeless individual, one of which must include
7his or her residence address. These forms of identification
8shall include, but not be limited to, any of the following:
9driver's license, social security card, public aid
10identification card, utility bill, employee or student
11identification card, lease or contract for a residence, credit
12card, or a civic, union or professional association membership
13card. The registration officer shall require a homeless
14individual to furnish evidence of his or her use of the mailing
15address stated. This use may be demonstrated by a piece of mail
16addressed to that individual and received at that address or by
17a statement from a person authorizing use of the mailing
18address. The registration officer shall require each applicant
19for registration to read or have read to him the affidavit of
20registration before permitting him to execute the affidavit.
21 One of the Deputy Registrars, the Judge of Registration, or
22an Officer of Registration, County Clerk, or clerk in the
23office of the County Clerk, shall administer to all persons who
24shall personally apply to register the following oath or
25affirmation:
26 "You do solemnly swear (or affirm) that you will fully and

HB5597- 35 -LRB098 15874 AMC 50917 b
1truly answer all such questions as shall be put to you touching
2your place of residence, name, place of birth, your
3qualifications as an elector and your right as such to register
4and vote under the laws of the State of Illinois."
5 The Registration Officer shall satisfy himself that each
6applicant for registration is qualified to register before
7registering him. If the registration officer has reason to
8believe that the applicant is a resident of a Soldiers' and
9Sailors' Home or any facility which is licensed or certified
10pursuant to the Nursing Home Care Act, the Specialized Mental
11Health Rehabilitation Act of 2013, or the ID/DD Community Care
12Act, the following question shall be put, "When you entered the
13home which is your present address, was it your bona fide
14intention to become a resident thereof?" Any voter of a
15township, city, village or incorporated town in which such
16applicant resides, shall be permitted to be present at the
17place of precinct registration, and shall have the right to
18challenge any applicant who applies to be registered.
19 In case the officer is not satisfied that the applicant is
20qualified, he shall forthwith in writing notify such applicant
21to appear before the County Clerk to furnish further proof of
22his qualifications. Upon the card of such applicant shall be
23written the word "Incomplete" and no such applicant shall be
24permitted to vote unless such registration is satisfactorily
25completed as hereinafter provided. No registration shall be
26taken and marked as "incomplete" if information to complete it

HB5597- 36 -LRB098 15874 AMC 50917 b
1can be furnished on the date of the original application.
2 Any person claiming to be an elector in any election
3precinct in such township, city, village or incorporated town
4and whose registration is marked "Incomplete" may make and sign
5an application in writing, under oath, to the County Clerk in
6substance in the following form:
7 "I do solemnly swear that I, .........., did on (insert
8date) make application to the Board of Registry of the ........
9precinct of ........ ward of the City of .... or of the
10......... District ......... Town of .......... (or to the
11County Clerk of .............) and ............ County; that
12said Board or Clerk refused to complete my registration as a
13qualified voter in said precinct, that I reside in said
14precinct (or that I intend to reside in said precinct), am a
15duly qualified voter and entitled to vote in said precinct at
16the next election.
17
...........................
18
(Signature of Applicant)"
19 All such applications shall be presented to the County
20Clerk by the applicant, in person between the hours of nine
21o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
22the third week subsequent to the weeks in which the 1961 and
231962 precinct re-registrations are to be held, and thereafter
24for the registration provided in Section 5-17 of this Article,
25all such applications shall be presented to the County Clerk by
26the applicant in person between the hours of nine o'clock a.m.

HB5597- 37 -LRB098 15874 AMC 50917 b
1and nine o'clock p.m. on Monday and Tuesday of the third week
2prior to the date on which such election is to be held.
3 Any otherwise qualified person who is absent from his
4county of residence either due to business of the United States
5or because he is temporarily outside the territorial limits of
6the United States may become registered by mailing an
7application to the county clerk within the periods of
8registration provided for in this Article or by simultaneous
9application for absentee registration and absentee ballot as
10provided in Article 20 of this Code.
11 Upon receipt of such application the county clerk shall
12immediately mail an affidavit of registration in duplicate,
13which affidavit shall contain the following and such other
14information as the State Board of Elections may think it proper
15to require for the identification of the applicant:
16 Name. The name of the applicant, giving surname and first
17or Christian name in full, and the middle name or the initial
18for such middle name, if any.
19 Sex.
20 Residence. The name and number of the street, avenue or
21other location of the dwelling, and such additional clear and
22definite description as may be necessary to determine the exact
23location of the dwelling of the applicant. Where the location
24cannot be determined by street and number, then the Section,
25congressional township and range number may be used, or such
26other information as may be necessary, including post office

HB5597- 38 -LRB098 15874 AMC 50917 b
1mailing address.
2 Electronic mail address, if the registrant has provided
3this information.
4 Term of residence in the State of Illinois and the
5precinct.
6 Nativity. The State or country in which the applicant was
7born.
8 Citizenship. Whether the applicant is native born or
9naturalized. If naturalized, the court, place and date of
10naturalization.
11 Age. Date of birth, by month, day and year.
12 Out of State address of ..........................
13
AFFIDAVIT OF REGISTRATION
14State of .........)
15 )ss
16County of ........)
17 I hereby swear (or affirm) that I am a citizen of the
18United States; that on the day of the next election I shall
19have resided in the State of Illinois for 6 months and in the
20election precinct 30 days; that I am fully qualified to vote,
21that I am not registered to vote anywhere else in the United
22States, that I intend to remain a resident of the State of
23Illinois and of the election precinct, that I intend to return
24to the State of Illinois, and that the above statements are
25true.
26
..............................

HB5597- 39 -LRB098 15874 AMC 50917 b
1
(His or her signature or mark)
2 Subscribed and sworn to before me, an officer qualified to
3administer oaths, on (insert date).
4
........................................
5
Signature of officer administering oath.
6 Upon receipt of the executed duplicate affidavit of
7Registration, the county clerk shall transfer the information
8contained thereon to duplicate Registration Cards provided for
9in Section 5-7 of this Article and shall attach thereto a copy
10of each of the duplicate affidavit of registration and
11thereafter such registration card and affidavit shall
12constitute the registration of such person the same as if he
13had applied for registration in person.
14(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
15eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
16revised 8-9-13.)
17 (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
18 Sec. 10-4. Form of petition for nomination. All petitions
19for nomination under this Article 10 for candidates for public
20office in this State, shall in addition to other requirements
21provided by law, be as follows: Such petitions shall consist of
22sheets of uniform size and each sheet shall contain, above the
23space for signature, an appropriate heading, giving the
24information as to name of candidate or candidates in whose

HB5597- 40 -LRB098 15874 AMC 50917 b
1behalf such petition is signed; the office; the party; place of
2residence; and such other information or wording as required to
3make same valid, and the heading of each sheet shall be the
4same. Such petition shall be signed by the qualified voters in
5their own proper persons only, and opposite the signature of
6each signer his residence address shall be written or printed.
7The residence address required to be written or printed
8opposite each qualified primary elector's name shall include
9the street address or rural route number of the signer, as the
10case may be, as well as the signer's county, and city, village
11or town, and state. However, the county or city, village or
12town, and state of residence of such electors may be printed on
13the petition forms where all of the such electors signing the
14petition reside in the same county or city, village or town,
15and state. Standard abbreviations may be used in writing the
16residence address, including street number, if any. No
17signature shall be valid or be counted in considering the
18validity or sufficiency of such petition unless the
19requirements of this Section are complied with. At the bottom
20of each sheet of such petition shall be added a circulator's
21statement, signed by a person 18 years of age or older who is a
22citizen of the United States; stating the street address or
23rural route number, as the case may be, as well as the county,
24city, village or town, and state; certifying that the
25signatures on that sheet of the petition were signed in his or
26her presence; certifying that the signatures are genuine; and

HB5597- 41 -LRB098 15874 AMC 50917 b
1either (1) indicating the dates on which that sheet was
2circulated, or (2) indicating the first and last dates on which
3the sheet was circulated, or (3) certifying that none of the
4signatures on the sheet were signed more than 90 days preceding
5the last day for the filing of the petition; and certifying
6that to the best of his knowledge and belief the persons so
7signing were at the time of signing the petition duly
8registered voters under Articles 4, 5 or 6 of the Code of the
9political subdivision or district for which the candidate or
10candidates shall be nominated, and certifying that their
11respective residences are correctly stated therein. Such
12statement shall be sworn to before some officer authorized to
13administer oaths in this State. No petition sheet shall be
14circulated more than 90 days preceding the last day provided in
15Section 10-6 for the filing of such petition. Such sheets,
16before being presented to the electoral board or filed with the
17proper officer of the electoral district or division of the
18state or municipality, as the case may be, shall be neatly
19fastened together in book form, by placing the sheets in a pile
20and fastening them together at one edge in a secure and
21suitable manner, and the sheets shall then be numbered
22consecutively. The sheets shall not be fastened by pasting them
23together end to end, so as to form a continuous strip or roll.
24All petition sheets which are filed with the proper local
25election officials, election authorities or the State Board of
26Elections shall be the original sheets which have been signed

HB5597- 42 -LRB098 15874 AMC 50917 b
1by the voters and by the circulator, and not photocopies or
2duplicates of such sheets. A petition, when presented or filed,
3shall not be withdrawn, altered, or added to, and no signature
4shall be revoked except by revocation in writing presented or
5filed with the officers or officer with whom the petition is
6required to be presented or filed, and before the presentment
7or filing of such petition. Whoever forges any name of a signer
8upon any petition shall be deemed guilty of a forgery, and on
9conviction thereof, shall be punished accordingly. The word
10"petition" or "petition for nomination", as used herein, shall
11mean what is sometimes known as nomination papers, in
12distinction to what is known as a certificate of nomination.
13The words "political division for which the candidate is
14nominated", or its equivalent, shall mean the largest political
15division in which all qualified voters may vote upon such
16candidate or candidates, as the state in the case of state
17officers; the township in the case of township officers et
18cetera. Provided, further, that no person shall circulate or
19certify petitions for candidates of more than one political
20party, or for an independent candidate or candidates in
21addition to one political party, to be voted upon at the next
22primary or general election, or for such candidates and parties
23with respect to the same political subdivision at the next
24consolidated election.
25(Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01;
26revised 9-4-13.)

HB5597- 43 -LRB098 15874 AMC 50917 b
1 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
2 Sec. 19-4. Mailing or delivery of ballots; time. ballots -
3Time.) Immediately upon the receipt of such application either
4by mail or electronic means, not more than 40 days nor less
5than 5 days prior to such election, or by personal delivery not
6more than 40 days nor less than one day prior to such election,
7at the office of such election authority, it shall be the duty
8of such election authority to examine the records to ascertain
9whether or not such applicant is lawfully entitled to vote as
10requested, including a verification of the applicant's
11signature by comparison with the signature on the official
12registration record card, and if found so to be entitled to
13vote, to post within one business day thereafter the name,
14street address, ward and precinct number or township and
15district number, as the case may be, of such applicant given on
16a list, the pages of which are to be numbered consecutively to
17be kept by such election authority for such purpose in a
18conspicuous, open and public place accessible to the public at
19the entrance of the office of such election authority, and in
20such a manner that such list may be viewed without necessity of
21requesting permission therefor. Within one day after posting
22the name and other information of an applicant for an absentee
23ballot, the election authority shall transmit by electronic
24means pursuant to a process established by the State Board of
25Elections that name and other posted information to the State

HB5597- 44 -LRB098 15874 AMC 50917 b
1Board of Elections, which shall maintain those names and other
2information in an electronic format on its website, arranged by
3county and accessible to State and local political committees.
4Within 2 business days after posting a name and other
5information on the list within its office, the election
6authority shall mail, postage prepaid, or deliver in person in
7such office an official ballot or ballots if more than one are
8to be voted at said election. Mail delivery of Temporarily
9Absent Student ballot applications pursuant to Section 19-12.3
10shall be by nonforwardable mail. However, for the consolidated
11election, absentee ballots for certain precincts may be
12delivered to applicants not less than 25 days before the
13election if so much time is required to have prepared and
14printed the ballots containing the names of persons nominated
15for offices at the consolidated primary. The election authority
16shall enclose with each absentee ballot or application written
17instructions on how voting assistance shall be provided
18pursuant to Section 17-14 and a document, written and approved
19by the State Board of Elections, enumerating the circumstances
20under which a person is authorized to vote by absentee ballot
21pursuant to this Article; such document shall also include a
22statement informing the applicant that if he or she falsifies
23or is solicited by another to falsify his or her eligibility to
24cast an absentee ballot, such applicant or other is subject to
25penalties pursuant to Section 29-10 and Section 29-20 of the
26Election Code. Each election authority shall maintain a list of

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1the name, street address, ward and precinct, or township and
2district number, as the case may be, of all applicants who have
3returned absentee ballots to such authority, and the name of
4such absent voter shall be added to such list within one
5business day from receipt of such ballot. If the absentee
6ballot envelope indicates that the voter was assisted in
7casting the ballot, the name of the person so assisting shall
8be included on the list. The list, the pages of which are to be
9numbered consecutively, shall be kept by each election
10authority in a conspicuous, open, and public place accessible
11to the public at the entrance of the office of the election
12authority and in a manner that the list may be viewed without
13necessity of requesting permission for viewing.
14 Each election authority shall maintain a list for each
15election of the voters to whom it has issued absentee ballots.
16The list shall be maintained for each precinct within the
17jurisdiction of the election authority. Prior to the opening of
18the polls on election day, the election authority shall deliver
19to the judges of election in each precinct the list of
20registered voters in that precinct to whom absentee ballots
21have been issued by mail.
22 Each election authority shall maintain a list for each
23election of voters to whom it has issued temporarily absent
24student ballots. The list shall be maintained for each election
25jurisdiction within which such voters temporarily abide.
26Immediately after the close of the period during which

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1application may be made by mail or electronic means for
2absentee ballots, each election authority shall mail to each
3other election authority within the State a certified list of
4all such voters temporarily abiding within the jurisdiction of
5the other election authority.
6 In the event that the return address of an application for
7ballot by a physically incapacitated elector is that of a
8facility licensed or certified under the Nursing Home Care Act,
9the Specialized Mental Health Rehabilitation Act of 2013, or
10the ID/DD Community Care Act, within the jurisdiction of the
11election authority, and the applicant is a registered voter in
12the precinct in which such facility is located, the ballots
13shall be prepared and transmitted to a responsible judge of
14election no later than 9 a.m. on the Saturday, Sunday or Monday
15immediately preceding the election as designated by the
16election authority under Section 19-12.2. Such judge shall
17deliver in person on the designated day the ballot to the
18applicant on the premises of the facility from which
19application was made. The election authority shall by mail
20notify the applicant in such facility that the ballot will be
21delivered by a judge of election on the designated day.
22 All applications for absentee ballots shall be available at
23the office of the election authority for public inspection upon
24request from the time of receipt thereof by the election
25authority until 30 days after the election, except during the
26time such applications are kept in the office of the election

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1authority pursuant to Section 19-7, and except during the time
2such applications are in the possession of the judges of
3election.
4(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
5eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
6revised 8-9-13.)
7 (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
8 Sec. 24A-15.1. Except as herein provided, discovery
9recounts and election contests shall be conducted as otherwise
10provided for in "The Election Code", as amended. The automatic
11tabulating equipment shall be tested prior to the discovery
12recount or election contest as provided in Section 24A-9, and
13then the official ballots or ballot cards shall be recounted on
14the automatic tabulating equipment. In addition, (1) the ballot
15or ballot cards shall be checked for the presence or absence of
16judges' initials and other distinguishing marks, and (2) the
17ballots marked "Rejected", "Defective", Objected to",
18"Absentee Ballot", and "Early Ballot" shall be examined to
19determine the propriety of the such labels, and (3) the
20"Duplicate Absentee Ballots", "Duplicate Early Ballots",
21"Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots"
22shall be compared with their respective originals to determine
23the correctness of the duplicates.
24 Any person who has filed a petition for discovery recount
25may request that a redundant count be conducted in those

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1precincts in which the discovery recount is being conducted.
2The additional costs of such a redundant count shall be borne
3by the requesting party.
4 The log of the computer operator and all materials retained
5by the election authority in relation to vote tabulation and
6canvass shall be made available for any discovery recount or
7election contest.
8(Source: P.A. 94-645, eff. 8-22-05; revised 9-4-13.)
9 (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
10 Sec. 24A-16. The State Board of Elections shall approve all
11voting systems provided by this Article.
12 No voting system shall be approved unless it fulfills the
13following requirements:
14 (1) It enables a voter to vote in absolute secrecy;
15 (2) (Blank);
16 (3) It enables a voter to vote a ticket selected in
17 part from the nominees of one party, and in part from the
18 nominees of any or all parties, and in part from
19 independent candidates and in part of candidates whose
20 names are written in by the voter;
21 (4) It enables a voter to vote a written or printed
22 ticket of his own selection for any person for any office
23 for whom he may desire to vote;
24 (5) It will reject all votes for an office or upon a
25 proposition when the voter has cast more votes for such

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1 office or upon such proposition than he is entitled to
2 cast;
3 (5.5) It will identify when a voter has not voted for
4 all statewide constitutional offices;
5 (6) It will accommodate all propositions to be
6 submitted to the voters in the form provided by law or,
7 where no such form is provided, then in brief form, not to
8 exceed 75 words; .
9 (7) It will accommodate the tabulation programming
10 requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2.
11 The State Board of Elections shall not approve any voting
12equipment or system that includes an external Infrared Data
13Association (IrDA) communications port.
14 The State Board of Elections is authorized to withdraw its
15approval of a voting system if the system fails to fulfill the
16above requirements.
17 The vendor, person, or other private entity shall be solely
18responsible for the production and cost of: all application
19fees; all ballots; additional temporary workers; and other
20equipment or facilities needed and used in the testing of the
21vendor's, person's, or other private entity's respective
22equipment and software.
23 Any voting system vendor, person, or other private entity
24seeking the State Board of Elections' approval of a voting
25system shall, as part of the approval application, submit to
26the State Board a non-refundable fee. The State Board of

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1Elections by rule shall establish an appropriate fee structure,
2taking into account the type of voting system approval that is
3requested (such as approval of a new system, a modification of
4an existing system, the size of the modification, etc.). No
5voting system or modification of a voting system shall be
6approved unless the fee is paid.
7 No vendor, person, or other entity may sell, lease, or
8loan, or have a written contract, including a contract
9contingent upon State Board approval of the voting system or
10voting system component, to sell, lease, or loan, a voting
11system or voting system component to any election jurisdiction
12unless the voting system or voting system component is first
13approved by the State Board of Elections pursuant to this
14Section.
15(Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)
16 (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
17 Sec. 28-3. Form of petition for public question. Petitions
18for the submission of public questions shall consist of sheets
19of uniform size and each sheet shall contain, above the space
20for signature, an appropriate heading, giving the information
21as to the question of public policy to be submitted, and
22specifying the state at large or the political subdivision or
23district or precinct or combination of precincts or other
24territory in which it is to be submitted and, where by law the
25public question must be submitted at a particular election, the

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1election at which it is to be submitted. In the case of a
2petition for the submission of a public question described in
3subsection (b) of Section 28-6, the heading shall also specify
4the regular election at which the question is to be submitted
5and include the precincts included in the territory concerning
6which the public question is to be submitted, as well as a
7common description of such territory in plain and nonlegal
8language, such description to describe the territory by
9reference to streets, natural or artificial landmarks,
10addresses or any other method which would enable a voter
11signing the petition to be informed of the territory concerning
12which the question is to be submitted. The heading of each
13sheet shall be the same. Such petition shall be signed by the
14registered voters of the political subdivision or district or
15precinct or combination of precincts in which the question of
16public policy is to be submitted in their own proper persons
17only, and opposite the signature of each signer his residence
18address shall be written or printed, which residence address
19shall include the street address or rural route number of the
20signer, as the case may be, as well as the signer's county, and
21city, village or town, and state; provided that the county or
22city, village or town, and state of residence of such electors
23may be printed on the petition forms where all of the such
24electors signing the petition reside in the same county or
25city, village or town, and state. Standard abbreviations may be
26used in writing the residence address, including street number,

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1if any. No signature shall be valid or be counted in
2considering the validity or sufficiency of such petition unless
3the requirements of this Section are complied with.
4 At the bottom of each sheet of such petition shall be added
5a circulator's statement, signed by a person 18 years of age or
6older who is a citizen of the United States, stating the street
7address or rural route number, as the case may be, as well as
8the county, city, village or town, and state; certifying that
9the signatures on that sheet of the petition were signed in his
10or her presence and are genuine, and that to the best of his or
11her knowledge and belief the persons so signing were at the
12time of signing the petition registered voters of the political
13subdivision or district or precinct or combination of precincts
14in which the question of public policy is to be submitted and
15that their respective residences are correctly stated therein.
16Such statement shall be sworn to before some officer authorized
17to administer oaths in this State.
18 Such sheets, before being filed with the proper officer or
19board shall be bound securely and numbered consecutively. The
20sheets shall not be fastened by pasting them together end to
21end, so as to form a continuous strip or roll. All petition
22sheets which are filed with the proper local election
23officials, election authorities or the State Board of Elections
24shall be the original sheets which have been signed by the
25voters and by the circulator, and not photocopies or duplicates
26of such sheets. A petition, when presented or filed, shall not

HB5597- 53 -LRB098 15874 AMC 50917 b
1be withdrawn, altered, or added to, and no signature shall be
2revoked except by revocation in writing presented or filed with
3the board or officer with whom the petition is required to be
4presented or filed, and before the presentment or filing of
5such petition, except as may otherwise be provided in another
6statute which authorize the public question. Whoever forges any
7name of a signer upon any petition shall be deemed guilty of a
8forgery, and on conviction thereof, shall be punished
9accordingly.
10 In addition to the foregoing requirements, a petition
11proposing an amendment to Article IV of the Constitution
12pursuant to Section 3 of Article XIV of the Constitution or a
13petition proposing a question of public policy to be submitted
14to the voters of the entire State shall be in conformity with
15the requirements of Section 28-9 of this Article.
16 If multiple sets of petitions for submission of the same
17public questions are filed, the State Board of Elections,
18appropriate election authority or local election official
19where the petitions are filed shall within 2 business days
20notify the proponent of his or her multiple petition filings
21and that proponent has 3 business days after receipt of the
22notice to notify the State Board of Elections, appropriate
23election authority or local election official that he or she
24may cancel prior sets of petitions. If the proponent notifies
25the State Board of Elections, appropriate election authority or
26local election official, the last set of petitions filed shall

HB5597- 54 -LRB098 15874 AMC 50917 b
1be the only petitions to be considered valid by the State Board
2of Elections, appropriate election authority or local election
3official. If the proponent fails to notify the State Board of
4Elections, appropriate election authority or local election
5official then only the first set of petitions filed shall be
6valid and all subsequent petitions shall be void.
7(Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01;
8revised 9-12-13.)
9 Section 40. The Executive Reorganization Implementation
10Act is amended by changing Section 5 as follows:
11 (15 ILCS 15/5) (from Ch. 127, par. 1805)
12 Sec. 5. An executive order of the Governor proposing
13reorganization may not provide for, and a reorganization under
14this Act may not have the effect of:
15 (a) continuing Continuing any function beyond the period
16authorized by law for its exercise, or beyond the time when it
17would have terminated if the reorganization had not been made;
18 (b) authorizing Authorizing any agency to exercise any
19function which is not expressly authorized by law to be
20exercised by an agency in the executive branch when the
21executive order is transmitted to the General Assembly;
22 (c) increasing Increasing the term of any office beyond
23that provided by law for the office; or
24 (d) eliminating any qualifications of or procedures for

HB5597- 55 -LRB098 15874 AMC 50917 b
1selecting or appointing any agency or department head or
2commission or board member; or
3 (e) abolishing Abolishing any agency created by the
4Illinois Constitution, or transferring to any other agency any
5function conferred by the Illinois Constitution on an agency
6created by that Constitution.
7(Source: P.A. 81-984; revised 9-4-13.)
8 Section 45. The Illinois Identification Card Act is amended
9by changing Section 4 as follows:
10 (15 ILCS 335/4) (from Ch. 124, par. 24)
11 Sec. 4. Identification Card.
12 (a) The Secretary of State shall issue a standard Illinois
13Identification Card to any natural person who is a resident of
14the State of Illinois who applies for such card, or renewal
15thereof, or who applies for a standard Illinois Identification
16Card upon release as a committed person on parole, mandatory
17supervised release, aftercare release, final discharge, or
18pardon from the Department of Corrections or Department of
19Juvenile Justice by submitting an identification card issued by
20the Department of Corrections or Department of Juvenile Justice
21under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of
22Corrections, together with the prescribed fees. No
23identification card shall be issued to any person who holds a
24valid foreign state identification card, license, or permit

HB5597- 56 -LRB098 15874 AMC 50917 b
1unless the person first surrenders to the Secretary of State
2the valid foreign state identification card, license, or
3permit. The card shall be prepared and supplied by the
4Secretary of State and shall include a photograph and signature
5or mark of the applicant. However, the Secretary of State may
6provide by rule for the issuance of Illinois Identification
7Cards without photographs if the applicant has a bona fide
8religious objection to being photographed or to the display of
9his or her photograph. The Illinois Identification Card may be
10used for identification purposes in any lawful situation only
11by the person to whom it was issued. As used in this Act,
12"photograph" means any color photograph or digitally produced
13and captured image of an applicant for an identification card.
14As used in this Act, "signature" means the name of a person as
15written by that person and captured in a manner acceptable to
16the Secretary of State.
17 (a-5) If an applicant for an identification card has a
18current driver's license or instruction permit issued by the
19Secretary of State, the Secretary may require the applicant to
20utilize the same residence address and name on the
21identification card, driver's license, and instruction permit
22records maintained by the Secretary. The Secretary may
23promulgate rules to implement this provision.
24 (a-10) If the applicant is a judicial officer as defined in
25Section 1-10 of the Judicial Privacy Act or a peace officer,
26the applicant may elect to have his or her office or work

HB5597- 57 -LRB098 15874 AMC 50917 b
1address listed on the card instead of the applicant's residence
2or mailing address. The Secretary may promulgate rules to
3implement this provision. For the purposes of this subsection
4(a-10), "peace officer" means any person who by virtue of his
5or her office or public employment is vested by law with a duty
6to maintain public order or to make arrests for a violation of
7any penal statute of this State, whether that duty extends to
8all violations or is limited to specific violations.
9 (b) The Secretary of State shall issue a special Illinois
10Identification Card, which shall be known as an Illinois Person
11with a Disability Identification Card, to any natural person
12who is a resident of the State of Illinois, who is a person
13with a disability as defined in Section 4A of this Act, who
14applies for such card, or renewal thereof. No Illinois Person
15with a Disability Identification Card shall be issued to any
16person who holds a valid foreign state identification card,
17license, or permit unless the person first surrenders to the
18Secretary of State the valid foreign state identification card,
19license, or permit. The Secretary of State shall charge no fee
20to issue such card. The card shall be prepared and supplied by
21the Secretary of State, and shall include a photograph and
22signature or mark of the applicant, a designation indicating
23that the card is an Illinois Person with a Disability
24Identification Card, and shall include a comprehensible
25designation of the type and classification of the applicant's
26disability as set out in Section 4A of this Act. However, the

HB5597- 58 -LRB098 15874 AMC 50917 b
1Secretary of State may provide by rule for the issuance of
2Illinois Person with a Disability Identification Cards without
3photographs if the applicant has a bona fide religious
4objection to being photographed or to the display of his or her
5photograph. If the applicant so requests, the card shall
6include a description of the applicant's disability and any
7information about the applicant's disability or medical
8history which the Secretary determines would be helpful to the
9applicant in securing emergency medical care. If a mark is used
10in lieu of a signature, such mark shall be affixed to the card
11in the presence of two witnesses who attest to the authenticity
12of the mark. The Illinois Person with a Disability
13Identification Card may be used for identification purposes in
14any lawful situation by the person to whom it was issued.
15 The Illinois Person with a Disability Identification Card
16may be used as adequate documentation of disability in lieu of
17a physician's determination of disability, a determination of
18disability from a physician assistant who has been delegated
19the authority to make this determination by his or her
20supervising physician, a determination of disability from an
21advanced practice nurse who has a written collaborative
22agreement with a collaborating physician that authorizes the
23advanced practice nurse to make this determination, or any
24other documentation of disability whenever any State law
25requires that a disabled person provide such documentation of
26disability, however an Illinois Person with a Disability

HB5597- 59 -LRB098 15874 AMC 50917 b
1Identification Card shall not qualify the cardholder to
2participate in any program or to receive any benefit which is
3not available to all persons with like disabilities.
4Notwithstanding any other provisions of law, an Illinois Person
5with a Disability Identification Card, or evidence that the
6Secretary of State has issued an Illinois Person with a
7Disability Identification Card, shall not be used by any person
8other than the person named on such card to prove that the
9person named on such card is a disabled person or for any other
10purpose unless the card is used for the benefit of the person
11named on such card, and the person named on such card consents
12to such use at the time the card is so used.
13 An optometrist's determination of a visual disability
14under Section 4A of this Act is acceptable as documentation for
15the purpose of issuing an Illinois Person with a Disability
16Identification Card.
17 When medical information is contained on an Illinois Person
18with a Disability Identification Card, the Office of the
19Secretary of State shall not be liable for any actions taken
20based upon that medical information.
21 (c) The Secretary of State shall provide that each original
22or renewal Illinois Identification Card or Illinois Person with
23a Disability Identification Card issued to a person under the
24age of 21 shall be of a distinct nature from those Illinois
25Identification Cards or Illinois Person with a Disability
26Identification Cards issued to individuals 21 years of age or

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1older. The color designated for Illinois Identification Cards
2or Illinois Person with a Disability Identification Cards for
3persons under the age of 21 shall be at the discretion of the
4Secretary of State.
5 (c-1) Each original or renewal Illinois Identification
6Card or Illinois Person with a Disability Identification Card
7issued to a person under the age of 21 shall display the date
8upon which the person becomes 18 years of age and the date upon
9which the person becomes 21 years of age.
10 (c-3) The General Assembly recognizes the need to identify
11military veterans living in this State for the purpose of
12ensuring that they receive all of the services and benefits to
13which they are legally entitled, including healthcare,
14education assistance, and job placement. To assist the State in
15identifying these veterans and delivering these vital services
16and benefits, the Secretary of State is authorized to issue
17Illinois Identification Cards and Illinois Person with a
18Disability Identification Cards with the word "veteran"
19appearing on the face of the cards. This authorization is
20predicated on the unique status of veterans. The Secretary may
21not issue any other identification card which identifies an
22occupation, status, affiliation, hobby, or other unique
23characteristics of the identification card holder which is
24unrelated to the purpose of the identification card.
25 (c-5) Beginning on or before July 1, 2015, the Secretary of
26State shall designate a space on each original or renewal

HB5597- 61 -LRB098 15874 AMC 50917 b
1identification card where, at the request of the applicant, the
2word "veteran" shall be placed. The veteran designation shall
3be available to a person identified as a veteran under
4subsection (b) of Section 5 of this Act who was discharged or
5separated under honorable conditions.
6 (d) The Secretary of State may issue a Senior Citizen
7discount card, to any natural person who is a resident of the
8State of Illinois who is 60 years of age or older and who
9applies for such a card or renewal thereof. The Secretary of
10State shall charge no fee to issue such card. The card shall be
11issued in every county and applications shall be made available
12at, but not limited to, nutrition sites, senior citizen centers
13and Area Agencies on Aging. The applicant, upon receipt of such
14card and prior to its use for any purpose, shall have affixed
15thereon in the space provided therefor his signature or mark.
16 (e) The Secretary of State, in his or her discretion, may
17designate on each Illinois Identification Card or Illinois
18Person with a Disability Identification Card a space where the
19card holder may place a sticker or decal, issued by the
20Secretary of State, of uniform size as the Secretary may
21specify, that shall indicate in appropriate language that the
22card holder has renewed his or her Illinois Identification Card
23or Illinois Person with a Disability Identification Card.
24(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,
25eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,
26eff. 8-16-13; 98-558, eff. 1-1-14; revised 9-4-13.)

HB5597- 62 -LRB098 15874 AMC 50917 b
1 Section 50. The State Comptroller Act is amended by
2changing Sections 10 and 10.10 as follows:
3 (15 ILCS 405/10) (from Ch. 15, par. 210)
4 Sec. 10. Warrants; procedure Warrants- Procedure. The
5powers and duties of the Comptroller comptroller as respects
6warrants are set out in the Sections following this Section and
7preceding Section 11 Sections 10.01 through 10.15.
8(Source: P.A. 77-2807; revised 9-4-13.)
9 (15 ILCS 405/10.10) (from Ch. 15, par. 210.10)
10 Sec. 10.10. (a) If any Comptroller's warrant is lost,
11mislaid or destroyed, or becomes void after issuance, so that
12it cannot be presented for payment by the person entitled
13thereto, the Comptroller, at any time before that warrant is
14paid by the State Treasurer, but within 5 years of the date of
15issuance, may issue a replacement warrant to the person
16entitled thereto. If the original warrant was not cancelled or
17did not become void, the Comptroller, before issuing the
18replacement warrant, shall issue a stop payment order on the
19State Treasurer and receive a confirmation of the stop payment
20order on the original warrant from the State Treasurer.
21 (b) Only the person entitled to the original warrant, or
22his heirs or legal representatives, or a third party to whom it
23was properly negotiated or the heirs or legal representatives

HB5597- 63 -LRB098 15874 AMC 50917 b
1of such party, may request a replacement warrant. In the case
2of a warrant issued to a payee who dies before the warrant is
3paid by the State Treasurer and whose estate has been probated
4pursuant to law, the Comptroller, upon receipt of a certified
5copy of a judicial order establishing the person or entity
6entitled to payment, may issue a replacement warrant to such
7person or entity.
8 (c) Within 12 months from the date of issuance of the
9original warrant, if the original warrant has not been canceled
10for redeposit, the Comptroller may issue a replacement warrant
11on the original voucher drawing upon the same fund and charging
12the same appropriation or other expenditure authorization as
13the original warrant.
14 (d) Within 12 months from the date of issuance of the
15original warrant, if the original warrant has been canceled for
16redeposit, and if the issuance of the replacement warrant would
17not over-obligate the appropriation or other expenditure
18authority against which it is drawn, the Comptroller may issue
19the replacement warrant. If the original warrant was issued
20against an appropriation or other expenditure authority which
21has lapsed, the replacement warrant shall be drawn on the
22Warrant Escheat Fund. If the appropriation or other
23obligational authority against which the replacement warrant
24is drawn has not lapsed, the Comptroller shall notify the
25originating agency of the request for a replacement warrant and
26shall receive a replacement voucher from that agency before

HB5597- 64 -LRB098 15874 AMC 50917 b
1drawing the replacement warrant, which shall be drawn on the
2same fund and charged to the same appropriation or other
3expenditure authority as the original warrant.
4 (e) Within 12 months from the date of issuance of the
5original warrant, if the original warrant has been canceled for
6redeposit, the Comptroller may not issue a replacement warrant
7where such issuance would over-obligate the appropriation or
8other expenditure authority against which the original warrant
9was drawn. Whenever the Comptroller is presented with a request
10for a replacement warrant which may not be issued under the
11limitation of this subsection, if the appropriation or other
12expenditure authority against which the original warrant was
13drawn has not lapsed, the Comptroller shall immediately inform
14the originating agency of the request and that the request may
15not be honored because of the resulting over-obligation, and
16shall request the agency to determine whether or not that
17agency will take some corrective action before the applicable
18expenditure authorization lapses. The originating agency shall
19respond to the Comptroller's inquiry within 5 business days.
20 (f) After 12 months from the date of issuance of the
21original warrant, if the original warrant has not been
22cancelled for redeposit, the Comptroller shall issue the
23replacement warrant on the Warrant Escheat Fund.
24 (f-5) After 5 years from the date of issuance of the
25original warrant but no later than 10 years after that date,
26the Comptroller may issue a replacement warrant on the Warrant

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1Escheat Fund to a person or entity entitled thereto, as those
2persons and entities are described in subsection (b) of this
3Section, if the following requirements are met:
4 (1) the person or entity verifies that the person or
5 entity is they are entitled to the original warrant;
6 (2) in the case of a warrant that is not presented by
7 the requestor, the paying agency certifies that the
8 original payee is still entitled to the payment; and
9 (3) the Comptroller's records are available and
10 confirm that the warrant was not replaced.
11 (g) Except as provided in this Section, requests for
12replacement warrants for more than $500 shall show entitlement
13to such warrant by including an affidavit, in writing, sworn
14before a person authorized to administer oaths and
15affirmations, stating the loss or destruction of the warrant,
16or the fact that the warrant is void. However, when the written
17request for a replacement warrant submitted by the person to
18whom the original warrant was issued is accompanied by the
19original warrant, no affidavit is required. Requests for
20replacement warrants for $500 or less shall show entitlement to
21such warrant by submitting a written statement of the loss or
22destruction of the warrant, or the fact that the warrant is
23void on an application form prescribed by the Comptroller. If
24the person requesting the replacement is in possession of the
25original warrant, or any part thereof, the original warrant or
26the part thereof must accompany the request for replacement.

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1The Comptroller shall then draw such replacement warrant, and
2the treasurer shall pay the replacement warrant. If at the time
3of a loss or destruction a warrant was negotiated to a third
4party, however (which fact shall be ascertained by the oath of
5the party making the application, or otherwise), before the
6replacement warrant is drawn by the Comptroller, the person
7requesting the replacement warrant must give the Comptroller a
8bond or bonds with sufficient sureties, to be approved by the
9Comptroller, when required by regulation of the Comptroller,
10payable to the People of the State of Illinois, for the
11refunding of the amount, together with all costs and charges,
12should the State afterwards be compelled to pay the original
13warrant.
14(Source: P.A. 98-411, eff. 8-16-13; revised 11-14-13.)
15 Section 55. The Illinois Act on the Aging is amended by
16changing Section 4.01 as follows:
17 (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
18 Sec. 4.01. Additional powers and duties of the Department.
19In addition to powers and duties otherwise provided by law, the
20Department shall have the following powers and duties:
21 (1) To evaluate all programs, services, and facilities for
22the aged and for minority senior citizens within the State and
23determine the extent to which present public or private
24programs, services and facilities meet the needs of the aged.

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1 (2) To coordinate and evaluate all programs, services, and
2facilities for the Aging and for minority senior citizens
3presently furnished by State agencies and make appropriate
4recommendations regarding such services, programs and
5facilities to the Governor and/or the General Assembly.
6 (2-a) To request, receive, and share information
7electronically through the use of data-sharing agreements for
8the purpose of (i) establishing and verifying the initial and
9continuing eligibility of older adults to participate in
10programs administered by the Department; (ii) maximizing
11federal financial participation in State assistance
12expenditures; and (iii) investigating allegations of fraud or
13other abuse of publicly funded benefits. Notwithstanding any
14other law to the contrary, but only for the limited purposes
15identified in the preceding sentence, this paragraph (2-a)
16expressly authorizes the exchanges of income, identification,
17and other pertinent eligibility information by and among the
18Department and the Social Security Administration, the
19Department of Employment Security, the Department of
20Healthcare and Family Services, the Department of Human
21Services, the Department of Revenue, the Secretary of State,
22the U.S. Department of Veterans Affairs, and any other
23governmental entity. The confidentiality of information
24otherwise shall be maintained as required by law. In addition,
25the Department on Aging shall verify employment information at
26the request of a community care provider for the purpose of

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1ensuring program integrity under the Community Care Program.
2 (3) To function as the sole State agency to develop a
3comprehensive plan to meet the needs of the State's senior
4citizens and the State's minority senior citizens.
5 (4) To receive and disburse State and federal funds made
6available directly to the Department including those funds made
7available under the Older Americans Act and the Senior
8Community Service Employment Program for providing services
9for senior citizens and minority senior citizens or for
10purposes related thereto, and shall develop and administer any
11State Plan for the Aging required by federal law.
12 (5) To solicit, accept, hold, and administer in behalf of
13the State any grants or legacies of money, securities, or
14property to the State of Illinois for services to senior
15citizens and minority senior citizens or purposes related
16thereto.
17 (6) To provide consultation and assistance to communities,
18area agencies on aging, and groups developing local services
19for senior citizens and minority senior citizens.
20 (7) To promote community education regarding the problems
21of senior citizens and minority senior citizens through
22institutes, publications, radio, television and the local
23press.
24 (8) To cooperate with agencies of the federal government in
25studies and conferences designed to examine the needs of senior
26citizens and minority senior citizens and to prepare programs

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1and facilities to meet those needs.
2 (9) To establish and maintain information and referral
3sources throughout the State when not provided by other
4agencies.
5 (10) To provide the staff support that may reasonably be
6required by the Council.
7 (11) To make and enforce rules and regulations necessary
8and proper to the performance of its duties.
9 (12) To establish and fund programs or projects or
10experimental facilities that are specially designed as
11alternatives to institutional care.
12 (13) To develop a training program to train the counselors
13presently employed by the Department's aging network to provide
14Medicare beneficiaries with counseling and advocacy in
15Medicare, private health insurance, and related health care
16coverage plans. The Department shall report to the General
17Assembly on the implementation of the training program on or
18before December 1, 1986.
19 (14) To make a grant to an institution of higher learning
20to study the feasibility of establishing and implementing an
21affirmative action employment plan for the recruitment,
22hiring, training and retraining of persons 60 or more years old
23for jobs for which their employment would not be precluded by
24law.
25 (15) To present one award annually in each of the
26categories of community service, education, the performance

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1and graphic arts, and the labor force to outstanding Illinois
2senior citizens and minority senior citizens in recognition of
3their individual contributions to either community service,
4education, the performance and graphic arts, or the labor
5force. The awards shall be presented to 4 senior citizens and
6minority senior citizens selected from a list of 44 nominees
7compiled annually by the Department. Nominations shall be
8solicited from senior citizens' service providers, area
9agencies on aging, senior citizens' centers, and senior
10citizens' organizations. The Department shall establish a
11central location within the State to be designated as the
12Senior Illinoisans Hall of Fame for the public display of all
13the annual awards, or replicas thereof.
14 (16) To establish multipurpose senior centers through area
15agencies on aging and to fund those new and existing
16multipurpose senior centers through area agencies on aging, the
17establishment and funding to begin in such areas of the State
18as the Department shall designate by rule and as specifically
19appropriated funds become available.
20 (17) To develop the content and format of the
21acknowledgment regarding non-recourse reverse mortgage loans
22under Section 6.1 of the Illinois Banking Act; to provide
23independent consumer information on reverse mortgages and
24alternatives; and to refer consumers to independent counseling
25services with expertise in reverse mortgages.
26 (18) To develop a pamphlet in English and Spanish which may

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1be used by physicians licensed to practice medicine in all of
2its branches pursuant to the Medical Practice Act of 1987,
3pharmacists licensed pursuant to the Pharmacy Practice Act, and
4Illinois residents 65 years of age or older for the purpose of
5assisting physicians, pharmacists, and patients in monitoring
6prescriptions provided by various physicians and to aid persons
765 years of age or older in complying with directions for
8proper use of pharmaceutical prescriptions. The pamphlet may
9provide space for recording information including but not
10limited to the following:
11 (a) name and telephone number of the patient;
12 (b) name and telephone number of the prescribing
13 physician;
14 (c) date of prescription;
15 (d) name of drug prescribed;
16 (e) directions for patient compliance; and
17 (f) name and telephone number of dispensing pharmacy.
18 In developing the pamphlet, the Department shall consult
19with the Illinois State Medical Society, the Center for
20Minority Health Services, the Illinois Pharmacists Association
21and senior citizens organizations. The Department shall
22distribute the pamphlets to physicians, pharmacists and
23persons 65 years of age or older or various senior citizen
24organizations throughout the State.
25 (19) To conduct a study of the feasibility of implementing
26the Senior Companion Program throughout the State.

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1 (20) The reimbursement rates paid through the community
2care program for chore housekeeping services and home care
3aides shall be the same.
4 (21) From funds appropriated to the Department from the
5Meals on Wheels Fund, a special fund in the State treasury that
6is hereby created, and in accordance with State and federal
7guidelines and the intrastate funding formula, to make grants
8to area agencies on aging, designated by the Department, for
9the sole purpose of delivering meals to homebound persons 60
10years of age and older.
11 (22) To distribute, through its area agencies on aging,
12information alerting seniors on safety issues regarding
13emergency weather conditions, including extreme heat and cold,
14flooding, tornadoes, electrical storms, and other severe storm
15weather. The information shall include all necessary
16instructions for safety and all emergency telephone numbers of
17organizations that will provide additional information and
18assistance.
19 (23) To develop guidelines for the organization and
20implementation of Volunteer Services Credit Programs to be
21administered by Area Agencies on Aging or community based
22senior service organizations. The Department shall hold public
23hearings on the proposed guidelines for public comment,
24suggestion, and determination of public interest. The
25guidelines shall be based on the findings of other states and
26of community organizations in Illinois that are currently

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1operating volunteer services credit programs or demonstration
2volunteer services credit programs. The Department shall offer
3guidelines for all aspects of the programs including, but not
4limited to, the following:
5 (a) types of services to be offered by volunteers;
6 (b) types of services to be received upon the
7 redemption of service credits;
8 (c) issues of liability for the volunteers and the
9 administering organizations;
10 (d) methods of tracking service credits earned and
11 service credits redeemed;
12 (e) issues of time limits for redemption of service
13 credits;
14 (f) methods of recruitment of volunteers;
15 (g) utilization of community volunteers, community
16 service groups, and other resources for delivering
17 services to be received by service credit program clients;
18 (h) accountability and assurance that services will be
19 available to individuals who have earned service credits;
20 and
21 (i) volunteer screening and qualifications.
22The Department shall submit a written copy of the guidelines to
23the General Assembly by July 1, 1998.
24 (24) To function as the sole State agency to receive and
25disburse State and federal funds for providing adult protective
26services in a domestic living situation in accordance with the

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1Adult Protective Services Act.
2 (25) (24) To hold conferences, trainings, and other
3programs for which the Department shall determine by rule a
4reasonable fee to cover related administrative costs. Rules to
5implement the fee authority granted by this paragraph (25) (24)
6must be adopted in accordance with all provisions of the
7Illinois Administrative Procedure Act and all rules and
8procedures of the Joint Committee on Administrative Rules; any
9purported rule not so adopted, for whatever reason, is
10unauthorized.
11(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
12eff. 8-16-13; revised 9-4-13.)
13 Section 60. The Department of Central Management Services
14Law of the Civil Administrative Code of Illinois is amended by
15changing Sections 405-120 and 405-335 as follows:
16 (20 ILCS 405/405-120) (was 20 ILCS 405/67.29)
17 Sec. 405-120. Hispanic, Asian-American, and bilingual
18employees. The Department shall develop and implement plans to
19increase the number of Hispanics employed by State government
20and the number of bilingual persons employed in State
21government at supervisory, technical, professional, and
22managerial levels.
23 The Department shall prepare and revise annually a State
24Hispanic Employment Plan and a State Asian-American Employment

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1Plan in consultation with individuals and organizations
2informed on these subjects, including the Hispanic Employment
3Plan Advisory Council and the Asian-American Employment Plan
4Advisory Council. The Department shall report to the General
5Assembly by February 1 of each year each State agency's
6activities in implementing the State Hispanic Employment Plan
7and the State Asian-American Employment Plan.
8(Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14;
9revised 10-8-13.)
10 (20 ILCS 405/405-335)
11 Sec. 405-335. Illinois Transparency and Accountability
12Portal (ITAP).
13 (a) The Department, within 12 months after the effective
14date of this amendatory Act of the 96th General Assembly, shall
15establish and maintain a website, known as the Illinois
16Transparency and Accountability Portal (ITAP), with a
17full-time webmaster tasked with compiling and updating the ITAP
18database with information received from all State agencies as
19defined in this Section. Subject to appropriation, the
20full-time webmaster must also compile and update the ITAP
21database with information received from all counties,
22townships, library districts, and municipalities.
23 (b) For purposes of this Section:
24 "State agency" means the offices of the constitutional
25officers identified in Article V of the Illinois Constitution,

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1executive agencies, and departments, boards, commissions, and
2Authorities under the Governor.
3 "Contracts" means payment obligations with vendors on file
4with the Office of the Comptroller to purchase goods and
5services exceeding $10,000 in value (or, in the case of
6professional or artistic services, exceeding $5,000 in value).
7 "Appropriation" means line-item detail of spending
8approved by the General Assembly and Governor, categorized by
9object of expenditure.
10 "Individual consultants" means temporary workers eligible
11to receive State benefits paid on a State payroll.
12 "Recipients" means State agencies receiving
13appropriations.
14 (c) The ITAP shall provide direct access to each of the
15following:
16 (1) A database of all current State employees and
17 individual consultants, except sworn law enforcement
18 officers, sorted separately by:
19 (i) Name.
20 (ii) Employing State agency.
21 (iii) Employing State division.
22 (iv) Employment position title.
23 (v) Current pay rate and year-to-date pay.
24 (2) A database of all current State expenditures,
25 sorted separately by agency, category, recipient, and
26 Representative District.

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1 (3) A database of all development assistance
2 reportable pursuant to the Corporate Accountability for
3 Tax Expenditures Act, sorted separately by tax credit
4 category, taxpayer, and Representative District.
5 (4) A database of all revocations and suspensions of
6 State occupation and use tax certificates of registration
7 and all revocations and suspensions of State professional
8 licenses, sorted separately by name, geographic location,
9 and certificate of registration number or license number,
10 as applicable. Professional license revocations and
11 suspensions shall be posted only if resulting from a
12 failure to pay taxes, license fees, or child support.
13 (5) A database of all current State contracts, sorted
14 separately by contractor name, awarding officer or agency,
15 contract value, and goods or services provided.
16 (6) A database of all employees hired after the
17 effective date of this amendatory Act of 2010, sorted
18 searchably by each of the following at the time of
19 employment:
20 (i) Name.
21 (ii) Employing State agency.
22 (iii) Employing State division.
23 (iv) Employment position title.
24 (v) Current pay rate and year-to-date pay.
25 (vi) County of employment location.
26 (vii) Rutan status.

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1 (viii) Status of position as subject to collective
2 bargaining, subject to merit compensation, or exempt
3 under Section 4d of the Personnel Code.
4 (ix) Employment status as probationary, trainee,
5 intern, certified, or exempt from certification.
6 (x) Status as a military veteran.
7 (7) A searchable database of all current county,
8 township, library district, and municipal employees sorted
9 separately by:
10 (i) Employing unit of local government.
11 (ii) Employment position title.
12 (iii) Current pay rate and year-to-date pay.
13 (8) A searchable database of all county, township, and
14 municipal employees hired on or after the effective date of
15 this amendatory Act of the 97th General Assembly, sorted
16 separately by each of the following at the time of
17 employment:
18 (i) Employing unit of local government.
19 (ii) Employment position title.
20 (iii) Current pay rate and year-to-date pay.
21 (9) A searchable database of all library district
22 employees hired on or after August 9, 2013 (the effective
23 date of Public Act 98-246) this amendatory Act of the 98th
24 General Assembly, sorted separately by each of the
25 following at the time of employment:
26 (i) Employing unit of local government.

HB5597- 79 -LRB098 15874 AMC 50917 b
1 (ii) Employment position title.
2 (iii) Current pay rate and year-to-date pay.
3 (d) The ITAP shall include all information required to be
4published by subsection (c) of this Section that is available
5to the Department in a format the Department can compile and
6publish on the ITAP. The Department shall update the ITAP as
7additional information becomes available in a format that can
8be compiled and published on the ITAP by the Department.
9 (e) Each State agency, county, township, library district,
10and municipality shall cooperate with the Department in
11furnishing the information necessary for the implementation of
12this Section within a timeframe specified by the Department.
13 (f) Each county, township, library district, or
14municipality submitting information to be displayed on the
15Illinois Transparency and Accountability Portal (ITAP) is
16responsible for the accuracy of the information provided.
17 (g) The Department, within 6 months after January 1, 2014
18(the effective date of Public Act 98-283) this amendatory Act
19of the 98th General Assembly, shall distribute a spreadsheet or
20otherwise make data entry available to each State agency to
21facilitate the collection of data on the State's annual
22workforce characteristics, workforce compensation, and
23employee mobility. The Department shall determine the data to
24be collected by each State agency. Each State agency shall
25cooperate with the Department in furnishing the data necessary
26for the implementation of this subsection within the timeframe

HB5597- 80 -LRB098 15874 AMC 50917 b
1specified by the Department. The Department shall publish the
2data received from each State agency on the ITAP or another
3open data site annually.
4(Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283,
5eff. 1-1-14; revised 9-4-13.)
6 Section 65. The Children and Family Services Act is amended
7by changing Section 5 as follows:
8 (20 ILCS 505/5) (from Ch. 23, par. 5005)
9 Sec. 5. Direct child welfare services; Department of
10Children and Family Services. To provide direct child welfare
11services when not available through other public or private
12child care or program facilities.
13 (a) For purposes of this Section:
14 (1) "Children" means persons found within the State who
15 are under the age of 18 years. The term also includes
16 persons under age 21 who:
17 (A) were committed to the Department pursuant to
18 the Juvenile Court Act or the Juvenile Court Act of
19 1987, as amended, prior to the age of 18 and who
20 continue under the jurisdiction of the court; or
21 (B) were accepted for care, service and training by
22 the Department prior to the age of 18 and whose best
23 interest in the discretion of the Department would be
24 served by continuing that care, service and training

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1 because of severe emotional disturbances, physical
2 disability, social adjustment or any combination
3 thereof, or because of the need to complete an
4 educational or vocational training program.
5 (2) "Homeless youth" means persons found within the
6 State who are under the age of 19, are not in a safe and
7 stable living situation and cannot be reunited with their
8 families.
9 (3) "Child welfare services" means public social
10 services which are directed toward the accomplishment of
11 the following purposes:
12 (A) protecting and promoting the health, safety
13 and welfare of children, including homeless, dependent
14 or neglected children;
15 (B) remedying, or assisting in the solution of
16 problems which may result in, the neglect, abuse,
17 exploitation or delinquency of children;
18 (C) preventing the unnecessary separation of
19 children from their families by identifying family
20 problems, assisting families in resolving their
21 problems, and preventing the breakup of the family
22 where the prevention of child removal is desirable and
23 possible when the child can be cared for at home
24 without endangering the child's health and safety;
25 (D) restoring to their families children who have
26 been removed, by the provision of services to the child

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1 and the families when the child can be cared for at
2 home without endangering the child's health and
3 safety;
4 (E) placing children in suitable adoptive homes,
5 in cases where restoration to the biological family is
6 not safe, possible or appropriate;
7 (F) assuring safe and adequate care of children
8 away from their homes, in cases where the child cannot
9 be returned home or cannot be placed for adoption. At
10 the time of placement, the Department shall consider
11 concurrent planning, as described in subsection (l-1)
12 of this Section so that permanency may occur at the
13 earliest opportunity. Consideration should be given so
14 that if reunification fails or is delayed, the
15 placement made is the best available placement to
16 provide permanency for the child;
17 (G) (blank);
18 (H) (blank); and
19 (I) placing and maintaining children in facilities
20 that provide separate living quarters for children
21 under the age of 18 and for children 18 years of age
22 and older, unless a child 18 years of age is in the
23 last year of high school education or vocational
24 training, in an approved individual or group treatment
25 program, in a licensed shelter facility, or secure
26 child care facility. The Department is not required to

HB5597- 83 -LRB098 15874 AMC 50917 b
1 place or maintain children:
2 (i) who are in a foster home, or
3 (ii) who are persons with a developmental
4 disability, as defined in the Mental Health and
5 Developmental Disabilities Code, or
6 (iii) who are female children who are
7 pregnant, pregnant and parenting or parenting, or
8 (iv) who are siblings, in facilities that
9 provide separate living quarters for children 18
10 years of age and older and for children under 18
11 years of age.
12 (b) Nothing in this Section shall be construed to authorize
13the expenditure of public funds for the purpose of performing
14abortions.
15 (c) The Department shall establish and maintain
16tax-supported child welfare services and extend and seek to
17improve voluntary services throughout the State, to the end
18that services and care shall be available on an equal basis
19throughout the State to children requiring such services.
20 (d) The Director may authorize advance disbursements for
21any new program initiative to any agency contracting with the
22Department. As a prerequisite for an advance disbursement, the
23contractor must post a surety bond in the amount of the advance
24disbursement and have a purchase of service contract approved
25by the Department. The Department may pay up to 2 months
26operational expenses in advance. The amount of the advance

HB5597- 84 -LRB098 15874 AMC 50917 b
1disbursement shall be prorated over the life of the contract or
2the remaining months of the fiscal year, whichever is less, and
3the installment amount shall then be deducted from future
4bills. Advance disbursement authorizations for new initiatives
5shall not be made to any agency after that agency has operated
6during 2 consecutive fiscal years. The requirements of this
7Section concerning advance disbursements shall not apply with
8respect to the following: payments to local public agencies for
9child day care services as authorized by Section 5a of this
10Act; and youth service programs receiving grant funds under
11Section 17a-4.
12 (e) (Blank).
13 (f) (Blank).
14 (g) The Department shall establish rules and regulations
15concerning its operation of programs designed to meet the goals
16of child safety and protection, family preservation, family
17reunification, and adoption, including but not limited to:
18 (1) adoption;
19 (2) foster care;
20 (3) family counseling;
21 (4) protective services;
22 (5) (blank);
23 (6) homemaker service;
24 (7) return of runaway children;
25 (8) (blank);
26 (9) placement under Section 5-7 of the Juvenile Court

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1 Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
2 Court Act of 1987 in accordance with the federal Adoption
3 Assistance and Child Welfare Act of 1980; and
4 (10) interstate services.
5 Rules and regulations established by the Department shall
6include provisions for training Department staff and the staff
7of Department grantees, through contracts with other agencies
8or resources, in alcohol and drug abuse screening techniques
9approved by the Department of Human Services, as a successor to
10the Department of Alcoholism and Substance Abuse, for the
11purpose of identifying children and adults who should be
12referred to an alcohol and drug abuse treatment program for
13professional evaluation.
14 (h) If the Department finds that there is no appropriate
15program or facility within or available to the Department for a
16ward and that no licensed private facility has an adequate and
17appropriate program or none agrees to accept the ward, the
18Department shall create an appropriate individualized,
19program-oriented plan for such ward. The plan may be developed
20within the Department or through purchase of services by the
21Department to the extent that it is within its statutory
22authority to do.
23 (i) Service programs shall be available throughout the
24State and shall include but not be limited to the following
25services:
26 (1) case management;

HB5597- 86 -LRB098 15874 AMC 50917 b
1 (2) homemakers;
2 (3) counseling;
3 (4) parent education;
4 (5) day care; and
5 (6) emergency assistance and advocacy.
6 In addition, the following services may be made available
7to assess and meet the needs of children and families:
8 (1) comprehensive family-based services;
9 (2) assessments;
10 (3) respite care; and
11 (4) in-home health services.
12 The Department shall provide transportation for any of the
13services it makes available to children or families or for
14which it refers children or families.
15 (j) The Department may provide categories of financial
16assistance and education assistance grants, and shall
17establish rules and regulations concerning the assistance and
18grants, to persons who adopt physically or mentally
19handicapped, older and other hard-to-place children who (i)
20immediately prior to their adoption were legal wards of the
21Department or (ii) were determined eligible for financial
22assistance with respect to a prior adoption and who become
23available for adoption because the prior adoption has been
24dissolved and the parental rights of the adoptive parents have
25been terminated or because the child's adoptive parents have
26died. The Department may continue to provide financial

HB5597- 87 -LRB098 15874 AMC 50917 b
1assistance and education assistance grants for a child who was
2determined eligible for financial assistance under this
3subsection (j) in the interim period beginning when the child's
4adoptive parents died and ending with the finalization of the
5new adoption of the child by another adoptive parent or
6parents. The Department may also provide categories of
7financial assistance and education assistance grants, and
8shall establish rules and regulations for the assistance and
9grants, to persons appointed guardian of the person under
10Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
114-25 or 5-740 of the Juvenile Court Act of 1987 for children
12who were wards of the Department for 12 months immediately
13prior to the appointment of the guardian.
14 The amount of assistance may vary, depending upon the needs
15of the child and the adoptive parents, as set forth in the
16annual assistance agreement. Special purpose grants are
17allowed where the child requires special service but such costs
18may not exceed the amounts which similar services would cost
19the Department if it were to provide or secure them as guardian
20of the child.
21 Any financial assistance provided under this subsection is
22inalienable by assignment, sale, execution, attachment,
23garnishment, or any other remedy for recovery or collection of
24a judgment or debt.
25 (j-5) The Department shall not deny or delay the placement
26of a child for adoption if an approved family is available

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1either outside of the Department region handling the case, or
2outside of the State of Illinois.
3 (k) The Department shall accept for care and training any
4child who has been adjudicated neglected or abused, or
5dependent committed to it pursuant to the Juvenile Court Act or
6the Juvenile Court Act of 1987.
7 (l) The Department shall offer family preservation
8services, as defined in Section 8.2 of the Abused and Neglected
9Child Reporting Act, to help families, including adoptive and
10extended families. Family preservation services shall be
11offered (i) to prevent the placement of children in substitute
12care when the children can be cared for at home or in the
13custody of the person responsible for the children's welfare,
14(ii) to reunite children with their families, or (iii) to
15maintain an adoptive placement. Family preservation services
16shall only be offered when doing so will not endanger the
17children's health or safety. With respect to children who are
18in substitute care pursuant to the Juvenile Court Act of 1987,
19family preservation services shall not be offered if a goal
20other than those of subdivisions (A), (B), or (B-1) of
21subsection (2) of Section 2-28 of that Act has been set.
22Nothing in this paragraph shall be construed to create a
23private right of action or claim on the part of any individual
24or child welfare agency, except that when a child is the
25subject of an action under Article II of the Juvenile Court Act
26of 1987 and the child's service plan calls for services to

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1facilitate achievement of the permanency goal, the court
2hearing the action under Article II of the Juvenile Court Act
3of 1987 may order the Department to provide the services set
4out in the plan, if those services are not provided with
5reasonable promptness and if those services are available.
6 The Department shall notify the child and his family of the
7Department's responsibility to offer and provide family
8preservation services as identified in the service plan. The
9child and his family shall be eligible for services as soon as
10the report is determined to be "indicated". The Department may
11offer services to any child or family with respect to whom a
12report of suspected child abuse or neglect has been filed,
13prior to concluding its investigation under Section 7.12 of the
14Abused and Neglected Child Reporting Act. However, the child's
15or family's willingness to accept services shall not be
16considered in the investigation. The Department may also
17provide services to any child or family who is the subject of
18any report of suspected child abuse or neglect or may refer
19such child or family to services available from other agencies
20in the community, even if the report is determined to be
21unfounded, if the conditions in the child's or family's home
22are reasonably likely to subject the child or family to future
23reports of suspected child abuse or neglect. Acceptance of such
24services shall be voluntary. The Department may also provide
25services to any child or family after completion of a family
26assessment, as an alternative to an investigation, as provided

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1under the "differential response program" provided for in
2subsection (a-5) of Section 7.4 of the Abused and Neglected
3Child Reporting Act.
4 The Department may, at its discretion except for those
5children also adjudicated neglected or dependent, accept for
6care and training any child who has been adjudicated addicted,
7as a truant minor in need of supervision or as a minor
8requiring authoritative intervention, under the Juvenile Court
9Act or the Juvenile Court Act of 1987, but no such child shall
10be committed to the Department by any court without the
11approval of the Department. A minor charged with a criminal
12offense under the Criminal Code of 1961 or the Criminal Code of
132012 or adjudicated delinquent shall not be placed in the
14custody of or committed to the Department by any court, except
15(i) a minor less than 15 years of age committed to the
16Department under Section 5-710 of the Juvenile Court Act of
171987, (ii) a minor for whom an independent basis of abuse,
18neglect, or dependency exists, which must be defined by
19departmental rule, or (iii) a minor for whom the court has
20granted a supplemental petition to reinstate wardship pursuant
21to subsection (2) of Section 2-33 of the Juvenile Court Act of
221987. An independent basis exists when the allegations or
23adjudication of abuse, neglect, or dependency do not arise from
24the same facts, incident, or circumstances which give rise to a
25charge or adjudication of delinquency.
26 As soon as is possible after August 7, 2009 (the effective

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1date of Public Act 96-134), the Department shall develop and
2implement a special program of family preservation services to
3support intact, foster, and adoptive families who are
4experiencing extreme hardships due to the difficulty and stress
5of caring for a child who has been diagnosed with a pervasive
6developmental disorder if the Department determines that those
7services are necessary to ensure the health and safety of the
8child. The Department may offer services to any family whether
9or not a report has been filed under the Abused and Neglected
10Child Reporting Act. The Department may refer the child or
11family to services available from other agencies in the
12community if the conditions in the child's or family's home are
13reasonably likely to subject the child or family to future
14reports of suspected child abuse or neglect. Acceptance of
15these services shall be voluntary. The Department shall develop
16and implement a public information campaign to alert health and
17social service providers and the general public about these
18special family preservation services. The nature and scope of
19the services offered and the number of families served under
20the special program implemented under this paragraph shall be
21determined by the level of funding that the Department annually
22allocates for this purpose. The term "pervasive developmental
23disorder" under this paragraph means a neurological condition,
24including but not limited to, Asperger's Syndrome and autism,
25as defined in the most recent edition of the Diagnostic and
26Statistical Manual of Mental Disorders of the American

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1Psychiatric Association.
2 (l-1) The legislature recognizes that the best interests of
3the child require that the child be placed in the most
4permanent living arrangement as soon as is practically
5possible. To achieve this goal, the legislature directs the
6Department of Children and Family Services to conduct
7concurrent planning so that permanency may occur at the
8earliest opportunity. Permanent living arrangements may
9include prevention of placement of a child outside the home of
10the family when the child can be cared for at home without
11endangering the child's health or safety; reunification with
12the family, when safe and appropriate, if temporary placement
13is necessary; or movement of the child toward the most
14permanent living arrangement and permanent legal status.
15 When determining reasonable efforts to be made with respect
16to a child, as described in this subsection, and in making such
17reasonable efforts, the child's health and safety shall be the
18paramount concern.
19 When a child is placed in foster care, the Department shall
20ensure and document that reasonable efforts were made to
21prevent or eliminate the need to remove the child from the
22child's home. The Department must make reasonable efforts to
23reunify the family when temporary placement of the child occurs
24unless otherwise required, pursuant to the Juvenile Court Act
25of 1987. At any time after the dispositional hearing where the
26Department believes that further reunification services would

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1be ineffective, it may request a finding from the court that
2reasonable efforts are no longer appropriate. The Department is
3not required to provide further reunification services after
4such a finding.
5 A decision to place a child in substitute care shall be
6made with considerations of the child's health, safety, and
7best interests. At the time of placement, consideration should
8also be given so that if reunification fails or is delayed, the
9placement made is the best available placement to provide
10permanency for the child.
11 The Department shall adopt rules addressing concurrent
12planning for reunification and permanency. The Department
13shall consider the following factors when determining
14appropriateness of concurrent planning:
15 (1) the likelihood of prompt reunification;
16 (2) the past history of the family;
17 (3) the barriers to reunification being addressed by
18 the family;
19 (4) the level of cooperation of the family;
20 (5) the foster parents' willingness to work with the
21 family to reunite;
22 (6) the willingness and ability of the foster family to
23 provide an adoptive home or long-term placement;
24 (7) the age of the child;
25 (8) placement of siblings.
26 (m) The Department may assume temporary custody of any

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1child if:
2 (1) it has received a written consent to such temporary
3 custody signed by the parents of the child or by the parent
4 having custody of the child if the parents are not living
5 together or by the guardian or custodian of the child if
6 the child is not in the custody of either parent, or
7 (2) the child is found in the State and neither a
8 parent, guardian nor custodian of the child can be located.
9If the child is found in his or her residence without a parent,
10guardian, custodian or responsible caretaker, the Department
11may, instead of removing the child and assuming temporary
12custody, place an authorized representative of the Department
13in that residence until such time as a parent, guardian or
14custodian enters the home and expresses a willingness and
15apparent ability to ensure the child's health and safety and
16resume permanent charge of the child, or until a relative
17enters the home and is willing and able to ensure the child's
18health and safety and assume charge of the child until a
19parent, guardian or custodian enters the home and expresses
20such willingness and ability to ensure the child's safety and
21resume permanent charge. After a caretaker has remained in the
22home for a period not to exceed 12 hours, the Department must
23follow those procedures outlined in Section 2-9, 3-11, 4-8, or
245-415 of the Juvenile Court Act of 1987.
25 The Department shall have the authority, responsibilities
26and duties that a legal custodian of the child would have

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1pursuant to subsection (9) of Section 1-3 of the Juvenile Court
2Act of 1987. Whenever a child is taken into temporary custody
3pursuant to an investigation under the Abused and Neglected
4Child Reporting Act, or pursuant to a referral and acceptance
5under the Juvenile Court Act of 1987 of a minor in limited
6custody, the Department, during the period of temporary custody
7and before the child is brought before a judicial officer as
8required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
9Court Act of 1987, shall have the authority, responsibilities
10and duties that a legal custodian of the child would have under
11subsection (9) of Section 1-3 of the Juvenile Court Act of
121987.
13 The Department shall ensure that any child taken into
14custody is scheduled for an appointment for a medical
15examination.
16 A parent, guardian or custodian of a child in the temporary
17custody of the Department who would have custody of the child
18if he were not in the temporary custody of the Department may
19deliver to the Department a signed request that the Department
20surrender the temporary custody of the child. The Department
21may retain temporary custody of the child for 10 days after the
22receipt of the request, during which period the Department may
23cause to be filed a petition pursuant to the Juvenile Court Act
24of 1987. If a petition is so filed, the Department shall retain
25temporary custody of the child until the court orders
26otherwise. If a petition is not filed within the 10 day period,

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1the child shall be surrendered to the custody of the requesting
2parent, guardian or custodian not later than the expiration of
3the 10 day period, at which time the authority and duties of
4the Department with respect to the temporary custody of the
5child shall terminate.
6 (m-1) The Department may place children under 18 years of
7age in a secure child care facility licensed by the Department
8that cares for children who are in need of secure living
9arrangements for their health, safety, and well-being after a
10determination is made by the facility director and the Director
11or the Director's designate prior to admission to the facility
12subject to Section 2-27.1 of the Juvenile Court Act of 1987.
13This subsection (m-1) does not apply to a child who is subject
14to placement in a correctional facility operated pursuant to
15Section 3-15-2 of the Unified Code of Corrections, unless the
16child is a ward who was placed under the care of the Department
17before being subject to placement in a correctional facility
18and a court of competent jurisdiction has ordered placement of
19the child in a secure care facility.
20 (n) The Department may place children under 18 years of age
21in licensed child care facilities when in the opinion of the
22Department, appropriate services aimed at family preservation
23have been unsuccessful and cannot ensure the child's health and
24safety or are unavailable and such placement would be for their
25best interest. Payment for board, clothing, care, training and
26supervision of any child placed in a licensed child care

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1facility may be made by the Department, by the parents or
2guardians of the estates of those children, or by both the
3Department and the parents or guardians, except that no
4payments shall be made by the Department for any child placed
5in a licensed child care facility for board, clothing, care,
6training and supervision of such a child that exceed the
7average per capita cost of maintaining and of caring for a
8child in institutions for dependent or neglected children
9operated by the Department. However, such restriction on
10payments does not apply in cases where children require
11specialized care and treatment for problems of severe emotional
12disturbance, physical disability, social adjustment, or any
13combination thereof and suitable facilities for the placement
14of such children are not available at payment rates within the
15limitations set forth in this Section. All reimbursements for
16services delivered shall be absolutely inalienable by
17assignment, sale, attachment, garnishment or otherwise.
18 (n-1) The Department shall provide or authorize child
19welfare services, aimed at assisting minors to achieve
20sustainable self-sufficiency as independent adults, for any
21minor eligible for the reinstatement of wardship pursuant to
22subsection (2) of Section 2-33 of the Juvenile Court Act of
231987, whether or not such reinstatement is sought or allowed,
24provided that the minor consents to such services and has not
25yet attained the age of 21. The Department shall have
26responsibility for the development and delivery of services

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1under this Section. An eligible youth may access services under
2this Section through the Department of Children and Family
3Services or by referral from the Department of Human Services.
4Youth participating in services under this Section shall
5cooperate with the assigned case manager in developing an
6agreement identifying the services to be provided and how the
7youth will increase skills to achieve self-sufficiency. A
8homeless shelter is not considered appropriate housing for any
9youth receiving child welfare services under this Section. The
10Department shall continue child welfare services under this
11Section to any eligible minor until the minor becomes 21 years
12of age, no longer consents to participate, or achieves
13self-sufficiency as identified in the minor's service plan. The
14Department of Children and Family Services shall create clear,
15readable notice of the rights of former foster youth to child
16welfare services under this Section and how such services may
17be obtained. The Department of Children and Family Services and
18the Department of Human Services shall disseminate this
19information statewide. The Department shall adopt regulations
20describing services intended to assist minors in achieving
21sustainable self-sufficiency as independent adults.
22 (o) The Department shall establish an administrative
23review and appeal process for children and families who request
24or receive child welfare services from the Department. Children
25who are wards of the Department and are placed by private child
26welfare agencies, and foster families with whom those children

HB5597- 99 -LRB098 15874 AMC 50917 b
1are placed, shall be afforded the same procedural and appeal
2rights as children and families in the case of placement by the
3Department, including the right to an initial review of a
4private agency decision by that agency. The Department shall
5insure that any private child welfare agency, which accepts
6wards of the Department for placement, affords those rights to
7children and foster families. The Department shall accept for
8administrative review and an appeal hearing a complaint made by
9(i) a child or foster family concerning a decision following an
10initial review by a private child welfare agency or (ii) a
11prospective adoptive parent who alleges a violation of
12subsection (j-5) of this Section. An appeal of a decision
13concerning a change in the placement of a child shall be
14conducted in an expedited manner. A court determination that a
15current foster home placement is necessary and appropriate
16under Section 2-28 of the Juvenile Court Act of 1987 does not
17constitute a judicial determination on the merits of an
18administrative appeal, filed by a former foster parent,
19involving a change of placement decision.
20 (p) There is hereby created the Department of Children and
21Family Services Emergency Assistance Fund from which the
22Department may provide special financial assistance to
23families which are in economic crisis when such assistance is
24not available through other public or private sources and the
25assistance is deemed necessary to prevent dissolution of the
26family unit or to reunite families which have been separated

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1due to child abuse and neglect. The Department shall establish
2administrative rules specifying the criteria for determining
3eligibility for and the amount and nature of assistance to be
4provided. The Department may also enter into written agreements
5with private and public social service agencies to provide
6emergency financial services to families referred by the
7Department. Special financial assistance payments shall be
8available to a family no more than once during each fiscal year
9and the total payments to a family may not exceed $500 during a
10fiscal year.
11 (q) The Department may receive and use, in their entirety,
12for the benefit of children any gift, donation or bequest of
13money or other property which is received on behalf of such
14children, or any financial benefits to which such children are
15or may become entitled while under the jurisdiction or care of
16the Department.
17 The Department shall set up and administer no-cost,
18interest-bearing accounts in appropriate financial
19institutions for children for whom the Department is legally
20responsible and who have been determined eligible for Veterans'
21Benefits, Social Security benefits, assistance allotments from
22the armed forces, court ordered payments, parental voluntary
23payments, Supplemental Security Income, Railroad Retirement
24payments, Black Lung benefits, or other miscellaneous
25payments. Interest earned by each account shall be credited to
26the account, unless disbursed in accordance with this

HB5597- 101 -LRB098 15874 AMC 50917 b
1subsection.
2 In disbursing funds from children's accounts, the
3Department shall:
4 (1) Establish standards in accordance with State and
5 federal laws for disbursing money from children's
6 accounts. In all circumstances, the Department's
7 "Guardianship Administrator" or his or her designee must
8 approve disbursements from children's accounts. The
9 Department shall be responsible for keeping complete
10 records of all disbursements for each account for any
11 purpose.
12 (2) Calculate on a monthly basis the amounts paid from
13 State funds for the child's board and care, medical care
14 not covered under Medicaid, and social services; and
15 utilize funds from the child's account, as covered by
16 regulation, to reimburse those costs. Monthly,
17 disbursements from all children's accounts, up to 1/12 of
18 $13,000,000, shall be deposited by the Department into the
19 General Revenue Fund and the balance over 1/12 of
20 $13,000,000 into the DCFS Children's Services Fund.
21 (3) Maintain any balance remaining after reimbursing
22 for the child's costs of care, as specified in item (2).
23 The balance shall accumulate in accordance with relevant
24 State and federal laws and shall be disbursed to the child
25 or his or her guardian, or to the issuing agency.
26 (r) The Department shall promulgate regulations

HB5597- 102 -LRB098 15874 AMC 50917 b
1encouraging all adoption agencies to voluntarily forward to the
2Department or its agent names and addresses of all persons who
3have applied for and have been approved for adoption of a
4hard-to-place or handicapped child and the names of such
5children who have not been placed for adoption. A list of such
6names and addresses shall be maintained by the Department or
7its agent, and coded lists which maintain the confidentiality
8of the person seeking to adopt the child and of the child shall
9be made available, without charge, to every adoption agency in
10the State to assist the agencies in placing such children for
11adoption. The Department may delegate to an agent its duty to
12maintain and make available such lists. The Department shall
13ensure that such agent maintains the confidentiality of the
14person seeking to adopt the child and of the child.
15 (s) The Department of Children and Family Services may
16establish and implement a program to reimburse Department and
17private child welfare agency foster parents licensed by the
18Department of Children and Family Services for damages
19sustained by the foster parents as a result of the malicious or
20negligent acts of foster children, as well as providing third
21party coverage for such foster parents with regard to actions
22of foster children to other individuals. Such coverage will be
23secondary to the foster parent liability insurance policy, if
24applicable. The program shall be funded through appropriations
25from the General Revenue Fund, specifically designated for such
26purposes.

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1 (t) The Department shall perform home studies and
2investigations and shall exercise supervision over visitation
3as ordered by a court pursuant to the Illinois Marriage and
4Dissolution of Marriage Act or the Adoption Act only if:
5 (1) an order entered by an Illinois court specifically
6 directs the Department to perform such services; and
7 (2) the court has ordered one or both of the parties to
8 the proceeding to reimburse the Department for its
9 reasonable costs for providing such services in accordance
10 with Department rules, or has determined that neither party
11 is financially able to pay.
12 The Department shall provide written notification to the
13court of the specific arrangements for supervised visitation
14and projected monthly costs within 60 days of the court order.
15The Department shall send to the court information related to
16the costs incurred except in cases where the court has
17determined the parties are financially unable to pay. The court
18may order additional periodic reports as appropriate.
19 (u) In addition to other information that must be provided,
20whenever the Department places a child with a prospective
21adoptive parent or parents or in a licensed foster home, group
22home, child care institution, or in a relative home, the
23Department shall provide to the prospective adoptive parent or
24parents or other caretaker:
25 (1) available detailed information concerning the
26 child's educational and health history, copies of

HB5597- 104 -LRB098 15874 AMC 50917 b
1 immunization records (including insurance and medical card
2 information), a history of the child's previous
3 placements, if any, and reasons for placement changes
4 excluding any information that identifies or reveals the
5 location of any previous caretaker;
6 (2) a copy of the child's portion of the client service
7 plan, including any visitation arrangement, and all
8 amendments or revisions to it as related to the child; and
9 (3) information containing details of the child's
10 individualized educational plan when the child is
11 receiving special education services.
12 The caretaker shall be informed of any known social or
13behavioral information (including, but not limited to,
14criminal background, fire setting, perpetuation of sexual
15abuse, destructive behavior, and substance abuse) necessary to
16care for and safeguard the children to be placed or currently
17in the home. The Department may prepare a written summary of
18the information required by this paragraph, which may be
19provided to the foster or prospective adoptive parent in
20advance of a placement. The foster or prospective adoptive
21parent may review the supporting documents in the child's file
22in the presence of casework staff. In the case of an emergency
23placement, casework staff shall at least provide known
24information verbally, if necessary, and must subsequently
25provide the information in writing as required by this
26subsection.

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1 The information described in this subsection shall be
2provided in writing. In the case of emergency placements when
3time does not allow prior review, preparation, and collection
4of written information, the Department shall provide such
5information as it becomes available. Within 10 business days
6after placement, the Department shall obtain from the
7prospective adoptive parent or parents or other caretaker a
8signed verification of receipt of the information provided.
9Within 10 business days after placement, the Department shall
10provide to the child's guardian ad litem a copy of the
11information provided to the prospective adoptive parent or
12parents or other caretaker. The information provided to the
13prospective adoptive parent or parents or other caretaker shall
14be reviewed and approved regarding accuracy at the supervisory
15level.
16 (u-5) Effective July 1, 1995, only foster care placements
17licensed as foster family homes pursuant to the Child Care Act
18of 1969 shall be eligible to receive foster care payments from
19the Department. Relative caregivers who, as of July 1, 1995,
20were approved pursuant to approved relative placement rules
21previously promulgated by the Department at 89 Ill. Adm. Code
22335 and had submitted an application for licensure as a foster
23family home may continue to receive foster care payments only
24until the Department determines that they may be licensed as a
25foster family home or that their application for licensure is
26denied or until September 30, 1995, whichever occurs first.

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1 (v) The Department shall access criminal history record
2information as defined in the Illinois Uniform Conviction
3Information Act and information maintained in the adjudicatory
4and dispositional record system as defined in Section 2605-355
5of the Department of State Police Law (20 ILCS 2605/2605-355)
6if the Department determines the information is necessary to
7perform its duties under the Abused and Neglected Child
8Reporting Act, the Child Care Act of 1969, and the Children and
9Family Services Act. The Department shall provide for
10interactive computerized communication and processing
11equipment that permits direct on-line communication with the
12Department of State Police's central criminal history data
13repository. The Department shall comply with all certification
14requirements and provide certified operators who have been
15trained by personnel from the Department of State Police. In
16addition, one Office of the Inspector General investigator
17shall have training in the use of the criminal history
18information access system and have access to the terminal. The
19Department of Children and Family Services and its employees
20shall abide by rules and regulations established by the
21Department of State Police relating to the access and
22dissemination of this information.
23 (v-1) Prior to final approval for placement of a child, the
24Department shall conduct a criminal records background check of
25the prospective foster or adoptive parent, including
26fingerprint-based checks of national crime information

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1databases. Final approval for placement shall not be granted if
2the record check reveals a felony conviction for child abuse or
3neglect, for spousal abuse, for a crime against children, or
4for a crime involving violence, including rape, sexual assault,
5or homicide, but not including other physical assault or
6battery, or if there is a felony conviction for physical
7assault, battery, or a drug-related offense committed within
8the past 5 years.
9 (v-2) Prior to final approval for placement of a child, the
10Department shall check its child abuse and neglect registry for
11information concerning prospective foster and adoptive
12parents, and any adult living in the home. If any prospective
13foster or adoptive parent or other adult living in the home has
14resided in another state in the preceding 5 years, the
15Department shall request a check of that other state's child
16abuse and neglect registry.
17 (w) Within 120 days of August 20, 1995 (the effective date
18of Public Act 89-392), the Department shall prepare and submit
19to the Governor and the General Assembly, a written plan for
20the development of in-state licensed secure child care
21facilities that care for children who are in need of secure
22living arrangements for their health, safety, and well-being.
23For purposes of this subsection, secure care facility shall
24mean a facility that is designed and operated to ensure that
25all entrances and exits from the facility, a building or a
26distinct part of the building, are under the exclusive control

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1of the staff of the facility, whether or not the child has the
2freedom of movement within the perimeter of the facility,
3building, or distinct part of the building. The plan shall
4include descriptions of the types of facilities that are needed
5in Illinois; the cost of developing these secure care
6facilities; the estimated number of placements; the potential
7cost savings resulting from the movement of children currently
8out-of-state who are projected to be returned to Illinois; the
9necessary geographic distribution of these facilities in
10Illinois; and a proposed timetable for development of such
11facilities.
12 (x) The Department shall conduct annual credit history
13checks to determine the financial history of children placed
14under its guardianship pursuant to the Juvenile Court Act of
151987. The Department shall conduct such credit checks starting
16when a ward turns 12 years old and each year thereafter for the
17duration of the guardianship as terminated pursuant to the
18Juvenile Court Act of 1987. The Department shall determine if
19financial exploitation of the child's personal information has
20occurred. If financial exploitation appears to have taken place
21or is presently ongoing, the Department shall notify the proper
22law enforcement agency, the proper State's Attorney, or the
23Attorney General.
24 (y) Beginning on the effective date of this amendatory Act
25of the 96th General Assembly, a child with a disability who
26receives residential and educational services from the

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1Department shall be eligible to receive transition services in
2accordance with Article 14 of the School Code from the age of
314.5 through age 21, inclusive, notwithstanding the child's
4residential services arrangement. For purposes of this
5subsection, "child with a disability" means a child with a
6disability as defined by the federal Individuals with
7Disabilities Education Improvement Act of 2004.
8 (z) The Department shall access criminal history record
9information as defined as "background information" in this
10subsection and criminal history record information as defined
11in the Illinois Uniform Conviction Information Act for each
12Department employee or Department applicant. Each Department
13employee or Department applicant shall submit his or her
14fingerprints to the Department of State Police in the form and
15manner prescribed by the Department of State Police. These
16fingerprints shall be checked against the fingerprint records
17now and hereafter filed in the Department of State Police and
18the Federal Bureau of Investigation criminal history records
19databases. The Department of State Police shall charge a fee
20for conducting the criminal history record check, which shall
21be deposited into the State Police Services Fund and shall not
22exceed the actual cost of the record check. The Department of
23State Police shall furnish, pursuant to positive
24identification, all Illinois conviction information to the
25Department of Children and Family Services.
26 For purposes of this subsection:

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1 "Background information" means all of the following:
2 (i) Upon the request of the Department of Children and
3 Family Services, conviction information obtained from the
4 Department of State Police as a result of a
5 fingerprint-based criminal history records check of the
6 Illinois criminal history records database and the Federal
7 Bureau of Investigation criminal history records database
8 concerning a Department employee or Department applicant.
9 (ii) Information obtained by the Department of
10 Children and Family Services after performing a check of
11 the Department of State Police's Sex Offender Database, as
12 authorized by Section 120 of the Sex Offender Community
13 Notification Law, concerning a Department employee or
14 Department applicant.
15 (iii) Information obtained by the Department of
16 Children and Family Services after performing a check of
17 the Child Abuse and Neglect Tracking System (CANTS)
18 operated and maintained by the Department.
19 "Department employee" means a full-time or temporary
20employee coded or certified within the State of Illinois
21Personnel System.
22 "Department applicant" means an individual who has
23conditional Department full-time or part-time work, a
24contractor, an individual used to replace or supplement staff,
25an academic intern, a volunteer in Department offices or on
26Department contracts, a work-study student, an individual or

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1entity licensed by the Department, or an unlicensed service
2provider who works as a condition of a contract or an agreement
3and whose work may bring the unlicensed service provider into
4contact with Department clients or client records.
5(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;
698-570, eff. 8-27-13; revised 9-4-13.)
7 Section 70. The Department of Commerce and Economic
8Opportunity Law of the Civil Administrative Code of Illinois is
9amended by changing Sections 605-300 and 605-320 as follows:
10 (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
11 Sec. 605-300. Economic and business development plans;
12Illinois Business Development Council.
13 (a) Economic development plans. The Department shall
14develop a strategic economic development plan for the State by
15July 1, 2014. By no later than July 1, 2015, and by July 1
16annually thereafter, the Department shall make modifications
17to the plan as modifications are warranted by changes in
18economic conditions or by other factors, including changes in
19policy. In addition to the annual modification, the plan shall
20be reviewed and redeveloped in full every 5 years. In the
21development of the annual economic development plan, the
22Department shall consult with representatives of the private
23sector, other State agencies, academic institutions, local
24economic development organizations, local governments, and

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1not-for-profit organizations. The annual economic development
2plan shall set specific, measurable, attainable, relevant, and
3time-sensitive goals and shall include a focus on areas of high
4unemployment or poverty.
5 The term "economic development" shall be construed broadly
6by the Department and may include, but is not limited to, job
7creation, job retention, tax base enhancements, development of
8human capital, workforce productivity, critical
9infrastructure, regional competitiveness, social inclusion,
10standard of living, environmental sustainability, energy
11independence, quality of life, the effective use of financial
12incentives, the utilization of public private partnerships
13where appropriate, and other metrics determined by the
14Department.
15 The plan shall be based on relevant economic data, focus on
16economic development as prescribed by this Section, and
17emphasize strategies to retain and create jobs.
18 The plan shall identify and develop specific strategies for
19utilizing the assets of regions within the State defined as
20counties and municipalities or other political subdivisions in
21close geographical proximity that share common economic traits
22such as commuting zones, labor market areas, or other
23economically integrated characteristics.
24 If the plan includes strategies that have a fiscal impact
25on the Department or any other agency, the plan shall include a
26detailed description of the estimated fiscal impact of such

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1strategies.
2 Prior to publishing the plan in its final form, the
3Department shall allow for a reasonable time for public input.
4 The Department shall transmit copies of the economic
5development plan to the Governor and the General Assembly no
6later than July 1, 2014, and by July 1 annually thereafter. The
7plan and its corresponding modifications shall be published and
8made available to the public in both paper and electronic
9media, on the Department's website, and by any other method
10that the Department deems appropriate.
11 The Department shall annually submit legislation to
12implement the strategic economic development plan or
13modifications to the strategic economic development plan to the
14Governor, the President and Minority Leader of the Senate, and
15the Speaker and the Minority Leader of the House of
16Representatives. The legislation shall be in the form of one or
17more substantive bills drafted by the Legislative Reference
18Bureau.
19 (b) Business development plans; Illinois Business
20Development Council.
21 (1) There is created the Illinois Business Development
22 Council, hereinafter referred to as the Council. The
23 Council shall consist of the Director, who shall serve as
24 co-chairperson, and 12 voting members who shall be
25 appointed by the Governor with the advice and consent of
26 the Senate.

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1 (A) The voting members of the Council shall include
2 one representative from each of the following
3 businesses and groups: small business, coal,
4 healthcare, large manufacturing, small or specialized
5 manufacturing, agriculture, high technology or applied
6 science, local economic development entities, private
7 sector organized labor, a local or state business
8 association or chamber of commerce.
9 (B) There shall be 2 at-large voting members who
10 reside within areas of high unemployment within
11 counties or municipalities that have had an annual
12 average unemployment rate of at least 120% of the
13 State's annual average unemployment rate as reported
14 by the Department of Employment Security for the 5
15 years preceding the date of appointment.
16 (2) All appointments shall be made in a geographically
17 diverse manner.
18 (3) For the initial appointments to the Council, 6
19 voting members shall be appointed to serve a 2-year term
20 and 6 voting members shall be appointed to serve a 4-year
21 term. Thereafter, all appointments shall be for terms of 4
22 years. The initial term of voting members shall commence on
23 the first Wednesday in February 2014. Thereafter, the terms
24 of voting members shall commence on the first Wednesday in
25 February, except in the case of an appointment to fill a
26 vacancy. Vacancies occurring among the members shall be

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1 filled in the same manner as the original appointment for
2 the remainder of the unexpired term. For a vacancy
3 occurring when the Senate is not in session, the Governor
4 may make a temporary appointment until the next meeting of
5 the Senate when a person shall be nominated to fill the
6 office, and, upon confirmation by the Senate, he or she
7 shall hold office during the remainder of the term. A
8 vacancy in membership does not impair the ability of a
9 quorum to exercise all rights and perform all duties of the
10 Council. A member is eligible for reappointment.
11 (4) Members shall serve without compensation, but may
12 be reimbursed for necessary expenses incurred in the
13 performance of their duties from funds appropriated for
14 that purpose.
15 (5) In addition, the following shall serve as ex
16 officio, non-voting members of the Council in order to
17 provide specialized advice and support to the Council: the
18 Secretary of Transportation, or his or her designee; the
19 Director of Employment Security, or his or her designee;
20 the Executive Director of the Illinois Finance Authority,
21 or his or her designee; the Director of Agriculture, or his
22 or her designee; the Director of Revenue, or his or her
23 designee; the Director of Labor, or his or her designee;
24 and the Director of the Environmental Protection Agency, or
25 his or her designee. Ex officio Ex-officio members shall
26 provide staff and technical assistance to the Council when

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1 appropriate.
2 (6) In addition to the Director, the voting members
3 shall elect a co-chairperson.
4 (7) The Council shall meet at least twice annually and
5 at such other times as the co-chairpersons or any 5 voting
6 members consider necessary. Seven voting members shall
7 constitute a quorum of the Council.
8 (8) The Department shall provide staff assistance to
9 the Council.
10 (9) The Council shall provide the Department relevant
11 information in a timely manner pursuant to its duties as
12 enumerated in this Section that can be used by the
13 Department to enhance the State's strategic economic
14 development plan.
15 (10) The Council shall:
16 (A) Develop an overall strategic business
17 development plan for the State of Illinois and update
18 the plan at least annually.
19 (B) Develop business marketing plans for the State
20 of Illinois to effectively solicit new company
21 investment and existing business expansion. Insofar as
22 allowed under the Illinois Procurement Code, and
23 subject to appropriations made by the General Assembly
24 for such purposes, the Council may assist the
25 Department in the procurement of outside vendors to
26 carry out such marketing plans.

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1 (C) Seek input from local economic development
2 officials to develop specific strategies to
3 effectively link State and local business development
4 and marketing efforts focusing on areas of high
5 unemployment or poverty.
6 (D) Provide the Department with advice on
7 strategic business development and business marketing
8 for the State of Illinois.
9 (E) Provide the Department research and recommend
10 best practices for developing investment tools for
11 business attraction and retention.
12(Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
13 (20 ILCS 605/605-320) (was 20 ILCS 605/46.5)
14 Sec. 605-320. Encouragement of existing industries. To
15encourage the growth and expansion of industries now existing
16within the State by providing comprehensive business services
17and promoting interdepartmental cooperation for assistance to
18industries.
19 As a condition of any financial incentives provided by the
20Department in the form of (1) tax credits and tax exemptions
21(other than given under tax increment financing) given as an
22incentive to a recipient business organization pursuant to an
23initial certification or an initial designation made by the
24Department under the Economic Development for a Growing Economy
25Tax Credit Act, the River Edge Redevelopment Zone Act, and the

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1Illinois Enterprise Zone Act, including the High Impact
2Business program, (2) grants or loans given to a recipient as
3an incentive to a business organization pursuant to the River
4Edge Redevelopment Zone Act, the Large Business Development
5Program, the Business Development Public Infrastructure
6Program, or the Industrial Training Program, the Department
7shall require the recipient of such financial incentives to
8report at least quarterly the number of jobs to be created or
9retained, or both created and retained, by the recipient as a
10result of the financial incentives, including the number of
11full-time, permanent jobs, the number of part-time jobs, and
12the number of temporary jobs. Further, the recipient of such
13financial incentives shall provide the Department at least
14annually a detailed list of the occupation or job
15classifications and number of new employees or retained
16employees to be hired in full-time, permanent jobs, a schedule
17of anticipated starting dates of the new hires and the actual
18average wage by occupation or job classification and total
19payroll to be created as a result of the financial incentives.
20(Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
21 Section 75. The Lake Michigan Wind Energy Act is amended by
22changing Section 20 as follows:
23 (20 ILCS 896/20)
24 Sec. 20. Offshore Wind Energy Economic Development Policy

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1Task Force.
2 (a) The Governor shall convene an Offshore Wind Energy
3Economic Development Policy Task Force, to be chaired by the
4Director of Commerce and Economic Opportunity, or his or her
5designee, to analyze and evaluate policy and economic options
6to facilitate the development of offshore wind energy, and to
7propose an appropriate Illinois mechanism for purchasing and
8selling power from possible offshore wind energy projects. The
9Task Force shall examine mechanisms used in other states and
10jurisdictions, including, without limitation, feed-in tariffs
11feed-in-tariffs, renewable energy certificates, renewable
12energy certificate carve-outs, power purchase agreements, and
13pilot projects. The Task Force shall report its findings and
14recommendations to the Governor and General Assembly by
15December 31, 2013.
16 (b) The Director of the Illinois Power Agency (or his or
17her designee), the Executive Director of the Illinois Commerce
18Commission (or his or her designee), the Director of Natural
19Resources (or his or her designee), and the Attorney General
20(or his or her designee) shall serve as ex officio members of
21the Task Force.
22 (c) The Governor shall appoint the following public members
23to serve on the Task Force:
24 (1) one individual from an institution of higher
25 education in Illinois representing the discipline of
26 economics with experience in the study of renewable energy;

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1 (2) one individual representing an energy industry
2 with experience in renewable energy markets;
3 (3) one individual representing a Statewide consumer
4 or electric ratepayer organization;
5 (4) one individual representing the offshore wind
6 energy industry;
7 (5) one individual representing the wind energy supply
8 chain industry;
9 (6) one individual representing an Illinois electrical
10 cooperative, municipal electrical utility, or association
11 of such cooperatives or utilities;
12 (7) one individual representing an Illinois industrial
13 union involved in the construction, maintenance, or
14 transportation of electrical generation, distribution, or
15 transmission equipment or components;
16 (8) one individual representing an Illinois commercial
17 or industrial electrical consumer;
18 (9) one individual representing an Illinois public
19 education electrical consumer;
20 (10) one individual representing an independent
21 transmission company;
22 (11) one individual from the Illinois legal community
23 with experience in contracts, utility law, municipal law,
24 and constitutional law;
25 (12) one individual representing a Great Lakes
26 regional organization with experience assessing or

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1 studying wind energy;
2 (13) one individual representing a Statewide
3 environmental organization;
4 (14) one resident of the State representing an
5 organization advocating for persons of low or limited
6 incomes;
7 (15) one individual representing Argonne National
8 Laboratory; and
9 (16) one individual representing a local community
10 that has aggregated the purchase of electricity.
11 (d) The Governor may appoint additional public members to
12the Task Force.
13 (e) The Speaker of the House of Representatives, Minority
14Leader of the House of Representatives, Senate President, and
15Minority Leader of the Senate shall each appoint one member of
16the General Assembly to serve on the Task Force.
17 (f) Members of the Task Force shall serve without
18compensation.
19(Source: P.A. 98-447, eff. 8-16-13; revised 10-7-13.)
20 Section 80. The Mental Health and Developmental
21Disabilities Administrative Act is amended by changing Section
2214 as follows:
23 (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
24 Sec. 14. Chester Mental Health Center. To maintain and

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1operate a facility for the care, custody, and treatment of
2persons with mental illness or habilitation of persons with
3developmental disabilities hereinafter designated, to be known
4as the Chester Mental Health Center.
5 Within the Chester Mental Health Center there shall be
6confined the following classes of persons, whose history, in
7the opinion of the Department, discloses dangerous or violent
8tendencies and who, upon examination under the direction of the
9Department, have been found a fit subject for confinement in
10that facility:
11 (a) Any male person who is charged with the commission
12 of a crime but has been acquitted by reason of insanity as
13 provided in Section 5-2-4 of the Unified Code of
14 Corrections.
15 (b) Any male person who is charged with the commission
16 of a crime but has been found unfit under Article 104 of
17 the Code of Criminal Procedure of 1963.
18 (c) Any male person with mental illness or
19 developmental disabilities or person in need of mental
20 treatment now confined under the supervision of the
21 Department or hereafter admitted to any facility thereof or
22 committed thereto by any court of competent jurisdiction.
23 If and when it shall appear to the facility director of the
24Chester Mental Health Center that it is necessary to confine
25persons in order to maintain security or provide for the
26protection and safety of recipients and staff, the Chester

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1Mental Health Center may confine all persons on a unit to their
2rooms. This period of confinement shall not exceed 10 hours in
3a 24 hour period, including the recipient's scheduled hours of
4sleep, unless approved by the Secretary of the Department.
5During the period of confinement, the persons confined shall be
6observed at least every 15 minutes. A record shall be kept of
7the observations. This confinement shall not be considered
8seclusion as defined in the Mental Health and Developmental
9Disabilities Code.
10 The facility director of the Chester Mental Health Center
11may authorize the temporary use of handcuffs on a recipient for
12a period not to exceed 10 minutes when necessary in the course
13of transport of the recipient within the facility to maintain
14custody or security. Use of handcuffs is subject to the
15provisions of Section 2-108 of the Mental Health and
16Developmental Disabilities Code. The facility shall keep a
17monthly record listing each instance in which handcuffs are
18used, circumstances indicating the need for use of handcuffs,
19and time of application of handcuffs and time of release
20therefrom. The facility director shall allow the Illinois
21Guardianship and Advocacy Commission, the agency designated by
22the Governor under Section 1 of the Protection and Advocacy for
23Developmentally Disabled Persons Act, and the Department to
24examine and copy such record upon request.
25 The facility director of the Chester Mental Health Center
26may authorize the temporary use of transport devices on a civil

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1recipient when necessary in the course of transport of the
2civil recipient outside the facility to maintain custody or
3security. The decision whether to use any transport devices
4shall be reviewed and approved on an individualized basis by a
5physician based upon a determination of the civil recipient's:
6(1) history of violence, (2) history of violence during
7transports, (3) history of escapes and escape attempts, (4)
8history of trauma, (5) history of incidents of restraint or
9seclusion and use of involuntary medication, (6) current
10functioning level and medical status, and (7) prior experience
11during similar transports, and (8) the length, duration, and
12purpose of the transport. The least restrictive transport
13device consistent with the individual's need shall be used.
14Staff transporting the individual shall be trained in the use
15of the transport devices, recognizing and responding to a
16person in distress, and shall observe and monitor the
17individual while being transported. The facility shall keep a
18monthly record listing all transports, including those
19transports for which use of transport devices was were not
20sought, those for which use of transport devices was were
21sought but denied, and each instance in which transport devices
22are used, circumstances indicating the need for use of
23transport devices, time of application of transport devices,
24time of release from those devices, and any adverse events. The
25facility director shall allow the Illinois Guardianship and
26Advocacy Commission, the agency designated by the Governor

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1under Section 1 of the Protection and Advocacy for
2Developmentally Disabled Persons Act, and the Department to
3examine and copy the record upon request. This use of transport
4devices shall not be considered restraint as defined in the
5Mental Health and Developmental Disabilities Code. For the
6purpose of this Section "transport device" means ankle cuffs,
7handcuffs, waist chains or wrist-waist devices designed to
8restrict an individual's range of motion while being
9transported. These devices must be approved by the Division of
10Mental Health, used in accordance with the manufacturer's
11instructions, and used only by qualified staff members who have
12completed all training required to be eligible to transport
13patients and all other required training relating to the safe
14use and application of transport devices, including
15recognizing and responding to signs of distress in an
16individual whose movement is being restricted by a transport
17device.
18 If and when it shall appear to the satisfaction of the
19Department that any person confined in the Chester Mental
20Health Center is not or has ceased to be such a source of
21danger to the public as to require his subjection to the
22regimen of the center, the Department is hereby authorized to
23transfer such person to any State facility for treatment of
24persons with mental illness or habilitation of persons with
25developmental disabilities, as the nature of the individual
26case may require.

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1 Subject to the provisions of this Section, the Department,
2except where otherwise provided by law, shall, with respect to
3the management, conduct and control of the Chester Mental
4Health Center and the discipline, custody and treatment of the
5persons confined therein, have and exercise the same rights and
6powers as are vested by law in the Department with respect to
7any and all of the State facilities for treatment of persons
8with mental illness or habilitation of persons with
9developmental disabilities, and the recipients thereof, and
10shall be subject to the same duties as are imposed by law upon
11the Department with respect to such facilities and the
12recipients thereof.
13 The Department may elect to place persons who have been
14ordered by the court to be detained under the Sexually Violent
15Persons Commitment Act in a distinct portion of the Chester
16Mental Health Center. The persons so placed shall be separated
17and shall not comingle with the recipients of the Chester
18Mental Health Center. The portion of Chester Mental Health
19Center that is used for the persons detained under the Sexually
20Violent Persons Commitment Act shall not be a part of the
21mental health facility for the enforcement and implementation
22of the Mental Health and Developmental Disabilities Code nor
23shall their care and treatment be subject to the provisions of
24the Mental Health and Developmental Disabilities Code. The
25changes added to this Section by this amendatory Act of the
2698th General Assembly are inoperative on and after June 30,

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12015.
2(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;
3revised 9-4-13.)
4 Section 85. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Section 2105-15 as follows:
7 (20 ILCS 2105/2105-15)
8 Sec. 2105-15. General powers and duties.
9 (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers and
11duties:
12 (1) To authorize examinations in English to ascertain
13 the qualifications and fitness of applicants to exercise
14 the profession, trade, or occupation for which the
15 examination is held.
16 (2) To prescribe rules and regulations for a fair and
17 wholly impartial method of examination of candidates to
18 exercise the respective professions, trades, or
19 occupations.
20 (3) To pass upon the qualifications of applicants for
21 licenses, certificates, and authorities, whether by
22 examination, by reciprocity, or by endorsement.
23 (4) To prescribe rules and regulations defining, for
24 the respective professions, trades, and occupations, what

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1 shall constitute a school, college, or university, or
2 department of a university, or other institution,
3 reputable and in good standing, and to determine the
4 reputability and good standing of a school, college, or
5 university, or department of a university, or other
6 institution, reputable and in good standing, by reference
7 to a compliance with those rules and regulations; provided,
8 that no school, college, or university, or department of a
9 university, or other institution that refuses admittance
10 to applicants solely on account of race, color, creed, sex,
11 or national origin shall be considered reputable and in
12 good standing.
13 (5) To conduct hearings on proceedings to revoke,
14 suspend, refuse to renew, place on probationary status, or
15 take other disciplinary action as authorized in any
16 licensing Act administered by the Department with regard to
17 licenses, certificates, or authorities of persons
18 exercising the respective professions, trades, or
19 occupations and to revoke, suspend, refuse to renew, place
20 on probationary status, or take other disciplinary action
21 as authorized in any licensing Act administered by the
22 Department with regard to those licenses, certificates, or
23 authorities. The Department shall issue a monthly
24 disciplinary report. The Department shall deny any license
25 or renewal authorized by the Civil Administrative Code of
26 Illinois to any person who has defaulted on an educational

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1 loan or scholarship provided by or guaranteed by the
2 Illinois Student Assistance Commission or any governmental
3 agency of this State; however, the Department may issue a
4 license or renewal if the aforementioned persons have
5 established a satisfactory repayment record as determined
6 by the Illinois Student Assistance Commission or other
7 appropriate governmental agency of this State.
8 Additionally, beginning June 1, 1996, any license issued by
9 the Department may be suspended or revoked if the
10 Department, after the opportunity for a hearing under the
11 appropriate licensing Act, finds that the licensee has
12 failed to make satisfactory repayment to the Illinois
13 Student Assistance Commission for a delinquent or
14 defaulted loan. For the purposes of this Section,
15 "satisfactory repayment record" shall be defined by rule.
16 The Department shall refuse to issue or renew a license to,
17 or shall suspend or revoke a license of, any person who,
18 after receiving notice, fails to comply with a subpoena or
19 warrant relating to a paternity or child support
20 proceeding. However, the Department may issue a license or
21 renewal upon compliance with the subpoena or warrant.
22 The Department, without further process or hearings,
23 shall revoke, suspend, or deny any license or renewal
24 authorized by the Civil Administrative Code of Illinois to
25 a person who is certified by the Department of Healthcare
26 and Family Services (formerly Illinois Department of

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1 Public Aid) as being more than 30 days delinquent in
2 complying with a child support order or who is certified by
3 a court as being in violation of the Non-Support Punishment
4 Act for more than 60 days. The Department may, however,
5 issue a license or renewal if the person has established a
6 satisfactory repayment record as determined by the
7 Department of Healthcare and Family Services (formerly
8 Illinois Department of Public Aid) or if the person is
9 determined by the court to be in compliance with the
10 Non-Support Punishment Act. The Department may implement
11 this paragraph as added by Public Act 89-6 through the use
12 of emergency rules in accordance with Section 5-45 of the
13 Illinois Administrative Procedure Act. For purposes of the
14 Illinois Administrative Procedure Act, the adoption of
15 rules to implement this paragraph shall be considered an
16 emergency and necessary for the public interest, safety,
17 and welfare.
18 (6) To transfer jurisdiction of any realty under the
19 control of the Department to any other department of the
20 State Government or to acquire or accept federal lands when
21 the transfer, acquisition, or acceptance is advantageous
22 to the State and is approved in writing by the Governor.
23 (7) To formulate rules and regulations necessary for
24 the enforcement of any Act administered by the Department.
25 (8) To exchange with the Department of Healthcare and
26 Family Services information that may be necessary for the

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1 enforcement of child support orders entered pursuant to the
2 Illinois Public Aid Code, the Illinois Marriage and
3 Dissolution of Marriage Act, the Non-Support of Spouse and
4 Children Act, the Non-Support Punishment Act, the Revised
5 Uniform Reciprocal Enforcement of Support Act, the Uniform
6 Interstate Family Support Act, or the Illinois Parentage
7 Act of 1984. Notwithstanding any provisions in this Code to
8 the contrary, the Department of Professional Regulation
9 shall not be liable under any federal or State law to any
10 person for any disclosure of information to the Department
11 of Healthcare and Family Services (formerly Illinois
12 Department of Public Aid) under this paragraph (8) or for
13 any other action taken in good faith to comply with the
14 requirements of this paragraph (8).
15 (9) To perform other duties prescribed by law.
16 (a-5) Except in cases involving default on an educational
17loan or scholarship provided by or guaranteed by the Illinois
18Student Assistance Commission or any governmental agency of
19this State or in cases involving delinquency in complying with
20a child support order or violation of the Non-Support
21Punishment Act, no person or entity whose license, certificate,
22or authority has been revoked as authorized in any licensing
23Act administered by the Department may apply for restoration of
24that license, certification, or authority until 3 years after
25the effective date of the revocation.
26 (b) The Department may, when a fee is payable to the

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1Department for a wall certificate of registration provided by
2the Department of Central Management Services, require that
3portion of the payment for printing and distribution costs be
4made directly or through the Department to the Department of
5Central Management Services for deposit into the Paper and
6Printing Revolving Fund. The remainder shall be deposited into
7the General Revenue Fund.
8 (c) For the purpose of securing and preparing evidence, and
9for the purchase of controlled substances, professional
10services, and equipment necessary for enforcement activities,
11recoupment of investigative costs, and other activities
12directed at suppressing the misuse and abuse of controlled
13substances, including those activities set forth in Sections
14504 and 508 of the Illinois Controlled Substances Act, the
15Director and agents appointed and authorized by the Director
16may expend sums from the Professional Regulation Evidence Fund
17that the Director deems necessary from the amounts appropriated
18for that purpose. Those sums may be advanced to the agent when
19the Director deems that procedure to be in the public interest.
20Sums for the purchase of controlled substances, professional
21services, and equipment necessary for enforcement activities
22and other activities as set forth in this Section shall be
23advanced to the agent who is to make the purchase from the
24Professional Regulation Evidence Fund on vouchers signed by the
25Director. The Director and those agents are authorized to
26maintain one or more commercial checking accounts with any

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1State banking corporation or corporations organized under or
2subject to the Illinois Banking Act for the deposit and
3withdrawal of moneys to be used for the purposes set forth in
4this Section; provided, that no check may be written nor any
5withdrawal made from any such account except upon the written
6signatures of 2 persons designated by the Director to write
7those checks and make those withdrawals. Vouchers for those
8expenditures must be signed by the Director. All such
9expenditures shall be audited by the Director, and the audit
10shall be submitted to the Department of Central Management
11Services for approval.
12 (d) Whenever the Department is authorized or required by
13law to consider some aspect of criminal history record
14information for the purpose of carrying out its statutory
15powers and responsibilities, then, upon request and payment of
16fees in conformance with the requirements of Section 2605-400
17of the Department of State Police Law (20 ILCS 2605/2605-400),
18the Department of State Police is authorized to furnish,
19pursuant to positive identification, the information contained
20in State files that is necessary to fulfill the request.
21 (e) The provisions of this Section do not apply to private
22business and vocational schools as defined by Section 15 of the
23Private Business and Vocational Schools Act of 2012.
24 (f) Beginning July 1, 1995, this Section does not apply to
25those professions, trades, and occupations licensed under the
26Real Estate License Act of 2000, nor does it apply to any

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1permits, certificates, or other authorizations to do business
2provided for in the Land Sales Registration Act of 1989 or the
3Illinois Real Estate Time-Share Act.
4 (g) Notwithstanding anything that may appear in any
5individual licensing statute or administrative rule, the
6Department shall deny any license application or renewal
7authorized under any licensing Act administered by the
8Department to any person who has failed to file a return, or to
9pay the tax, penalty, or interest shown in a filed return, or
10to pay any final assessment of tax, penalty, or interest, as
11required by any tax Act administered by the Illinois Department
12of Revenue, until such time as the requirement of any such tax
13Act are satisfied; however, the Department may issue a license
14or renewal if the person has established a satisfactory
15repayment record as determined by the Illinois Department of
16Revenue. For the purpose of this Section, "satisfactory
17repayment record" shall be defined by rule.
18 In addition, a complaint filed with the Department by the
19Illinois Department of Revenue that includes a certification,
20signed by its Director or designee, attesting to the amount of
21the unpaid tax liability or the years for which a return was
22not filed, or both, is prima facie facia evidence of the
23licensee's failure to comply with the tax laws administered by
24the Illinois Department of Revenue. Upon receipt of that
25certification, the Department shall, without a hearing,
26immediately suspend all licenses held by the licensee.

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1Enforcement of the Department's order shall be stayed for 60
2days. The Department shall provide notice of the suspension to
3the licensee by mailing a copy of the Department's order by
4certified and regular mail to the licensee's last known address
5as registered with the Department. The notice shall advise the
6licensee that the suspension shall be effective 60 days after
7the issuance of the Department's order unless the Department
8receives, from the licensee, a request for a hearing before the
9Department to dispute the matters contained in the order.
10 Any suspension imposed under this subsection (g) shall be
11terminated by the Department upon notification from the
12Illinois Department of Revenue that the licensee is in
13compliance with all tax laws administered by the Illinois
14Department of Revenue.
15 The Department shall promulgate rules for the
16administration of this subsection (g).
17 (h) The Department may grant the title "Retired", to be
18used immediately adjacent to the title of a profession
19regulated by the Department, to eligible retirees. The use of
20the title "Retired" shall not constitute representation of
21current licensure, registration, or certification. Any person
22without an active license, registration, or certificate in a
23profession that requires licensure, registration, or
24certification shall not be permitted to practice that
25profession.
26 (i) Within 180 days after December 23, 2009 (the effective

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1date of Public Act 96-852), the Department shall promulgate
2rules which permit a person with a criminal record, who seeks a
3license or certificate in an occupation for which a criminal
4record is not expressly a per se bar, to apply to the
5Department for a non-binding, advisory opinion to be provided
6by the Board or body with the authority to issue the license or
7certificate as to whether his or her criminal record would bar
8the individual from the licensure or certification sought,
9should the individual meet all other licensure requirements
10including, but not limited to, the successful completion of the
11relevant examinations.
12(Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09;
1396-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
14 Section 90. The Department of Public Health Powers and
15Duties Law of the Civil Administrative Code of Illinois is
16amended by setting forth, renumbering, and changing multiple
17versions of Section 2310-665 as follows:
18 (20 ILCS 2310/2310-665)
19 Sec. 2310-665. Educational materials on streptococcal
20infection. The Department, in conjunction with the Illinois
21State Board of Education, shall develop educational material on
22streptococcal infection for distribution in elementary and
23secondary schools. The material shall include, but not be
24limited to:

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1 (1) a process to notify parents or guardians of an
2 outbreak in the school;
3 (2) a process to provide information on all of the
4 symptoms of streptococcal infection to teachers, parents,
5 and students; and
6 (3) guidelines for schools to control the spread of
7 streptococcal infections.
8(Source: P.A. 98-236, eff. 8-9-13; revised 9-12-13.)
9 (20 ILCS 2310/2310-670)
10 Sec. 2310-670 2310-665. Breast cancer patient education.
11 (a) The General Assembly makes the following findings:
12 (1) Annually, about 207,090 new cases of breast cancer
13 are diagnosed, according to the American Cancer Society.
14 (2) Breast cancer has a disproportionate and
15 detrimental impact on African-American women and is the
16 most common cancer among Hispanic and Latina women.
17 (3) African-American women under the age of 40 have a
18 greater incidence of breast cancer than Caucasian women of
19 the same age.
20 (4) Individuals undergoing surgery for breast cancer
21 should give due consideration to the option of breast
22 reconstructive surgery, either at the same time as the
23 breast cancer surgery or at a later date.
24 (5) According to the American Cancer Society,
25 immediate breast reconstruction offers the advantage of

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1 combining the breast cancer surgery with the
2 reconstructive surgery and is cost effective.
3 (6) According to the American Cancer Society, delayed
4 breast reconstruction may be advantageous in women who
5 require post-surgical radiation or other treatments.
6 (7) A woman suffering from the loss of her breast may
7 not be a candidate for surgical breast reconstruction or
8 may choose not to undergo additional surgery and instead
9 choose breast prostheses.
10 (8) The federal Women's Health and Cancer Rights Act of
11 1998 requires health plans that offer breast cancer
12 coverage to also provide for breast reconstruction.
13 (9) Required coverage for breast reconstruction
14 includes all the necessary stages of reconstruction.
15 Surgery of the opposite breast for symmetry may be
16 required. Breast prostheses may be necessary. Other
17 sequelae of breast cancer treatment, such as lymphedema,
18 must be covered.
19 (10) Several states have enacted laws to require that
20 women receive information on their breast cancer treatment
21 and reconstruction options.
22 (b) In this Section:
23 "Hispanic" has the same meaning as in Section 1707 of
24 the federal Public Health Services Act.
25 "Racial and ethnic minority group" has the same meaning
26 as in Section 1707 of the federal Public Health Services

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1 Act.
2 (c) The Director shall provide for the planning and
3implementation of an education campaign to inform breast cancer
4patients, especially those in racial and ethnic minority
5groups, anticipating surgery regarding the availability and
6coverage of breast reconstruction, prostheses, and other
7options. The campaign shall include the dissemination, at a
8minimum, on relevant State health Internet websites, including
9the Department of Public Health's Internet website, of the
10following information:
11 (1) Breast reconstruction is possible at the time of
12 breast cancer surgery or in a delayed fashion.
13 (2) Prostheses or breast forms may be available.
14 (3) Federal law mandates both public and private health
15 plans to include coverage of breast reconstruction and
16 prostheses.
17 (4) The patient has a right to choose the provider of
18 reconstructive care, including the potential transfer of
19 care to a surgeon that provides breast reconstructive care.
20 (5) The patient may opt to undergo breast
21 reconstruction in a delayed fashion for personal reasons or
22 after completion of all other breast cancer treatments.
23 The campaign may include dissemination of such other
24information, whether developed by the Director or by other
25entities, as the Director determines relevant. The campaign
26shall not specify, or be designed to serve as a tool to limit,

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1the health care providers available to patients.
2 (d) In developing the information to be disseminated under
3this Section, the Director shall consult with appropriate
4medical societies and patient advocates related to breast
5cancer, patient advocates representing racial and ethnic
6minority groups, with a special emphasis on African-American
7and Hispanic populations' population's breast reconstructive
8surgery, and breast prostheses and breast forms.
9 (e) Beginning no later than January 1, 2016 (2 years after
10the effective date of Public Act 98-479) this amendatory Act of
11the 98th General Assembly and continuing each second year
12thereafter, the Director shall submit to the General Assembly a
13report describing the activities carried out under this Section
14during the preceding 2 fiscal years, including evaluating the
15extent to which the activities have been effective in improving
16the health of racial and ethnic minority groups.
17(Source: P.A. 98-479, eff. 1-1-14; revised 9-12-13.)
18 (20 ILCS 2310/2310-675)
19 (Section scheduled to be repealed on January 1, 2016)
20 Sec. 2310-675 2310-665. Hepatitis C Task Force.
21 (a) The General Assembly finds and declares the following:
22 (1) Viral hepatitis is a contagious and
23 life-threatening disease that has a substantial and
24 increasing effect upon the lifespans and quality of life of
25 at least 5,000,000 persons living in the United States and

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1 as many as 180,000,000 worldwide. According to the U.S.
2 Department of Health and Human Services (HHS), the chronic
3 form of the hepatitis C virus (HCV) and hepatitis B virus
4 (HBV) account for the vast majority of hepatitis-related
5 mortalities in the U.S., yet as many as 65% to 75% of
6 infected Americans remain unaware that they are infected
7 with the virus, prompting the U.S. Centers for Disease
8 Control and Prevention (CDC) to label these viruses as the
9 silent epidemic. HCV and HBV are major public health
10 problems that cause chronic liver diseases, such as
11 cirrhosis, liver failure, and liver cancer. The 5-year
12 survival rate for primary liver cancer is less than 5%.
13 These viruses are also the leading cause of liver
14 transplantation in the United States. While there is a
15 vaccine for HBV, no vaccine exists for HCV. However, there
16 are anti-viral treatments for HCV that can improve the
17 prognosis or actually clear the virus from the patient's
18 system. Unfortunately, the vast majority of infected
19 patients remain unaware that they have the virus since
20 there are generally no symptoms. Therefore, there is a dire
21 need to aid the public in identifying certain risk factors
22 that would warrant testing for these viruses. Millions of
23 infected patients remain undiagnosed and continue to be at
24 elevated risks for developing more serious complications.
25 More needs to be done to educate the public about this
26 disease and the risk factors that warrant testing. In some

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1 cases, infected patients play an unknowing role in further
2 spreading this infectious disease.
3 (2) The existence of HCV was definitively published and
4 discovered by medical researchers in 1989. Prior to this
5 date, HCV is believed to have spread unchecked. The
6 American Association for the Study of Liver Diseases
7 (AASLD) recommends that primary care physicians screen all
8 patients for a history of any viral hepatitis risk factor
9 and test those individuals with at least one identifiable
10 risk factor for the virus. Some of the most common risk
11 factors have been identified by AASLD, HHS, and the U.S.
12 Department of Veterans Affairs, as well as other public
13 health and medical research organizations, and include the
14 following:
15 (A) anyone who has received a blood transfusion
16 prior to 1992;
17 (B) anyone who is a Vietnam-era veteran;
18 (C) anyone who has abnormal liver function tests;
19 (D) anyone infected with the HIV virus;
20 (E) anyone who has used a needle to inject drugs;
21 (F) any health care, emergency medical, or public
22 safety worker who has been stuck by a needle or exposed
23 to any mucosal fluids of an HCV-infected person; and
24 (G) any children born to HCV-infected mothers.
25 A 1994 study determined that Caucasian Americans
26 statistically accounted for the most number of infected

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1 persons in the United States, while the highest incidence
2 rates were among African and Hispanic Americans.
3 (3) In January of 2010, the Institute of Medicine
4 (IOM), commissioned by the CDC, issued a comprehensive
5 report entitled Hepatitis and Liver Cancer: A National
6 Strategy for Prevention and Control of Hepatitis B and C.
7 The key findings and recommendations from the IOM's report
8 are (A) there is a lack of knowledge and awareness about
9 chronic viral hepatitis on the part of health care and
10 social service providers, (B) there is a lack of knowledge
11 and awareness about chronic viral hepatitis among at-risk
12 populations, members of the public, and policy makers, and
13 (C) there is insufficient understanding about the extent
14 and seriousness of the public health problem, so inadequate
15 public resources are being allocated to prevention,
16 control, and surveillance programs.
17 (4) In this same 2010 IOM report, researchers compared
18 the prevalence and incidences of HCV, HBV, and HIV and
19 found that, although there are only 1,100,000 HIV/AIDS
20 infected persons in the United States and over 4,000,000
21 Americans infected with viral hepatitis, the percentage of
22 those with HIV that are unaware they have HIV is only 21%
23 as opposed to approximately 70% of those with viral
24 hepatitis being unaware that they have viral hepatitis. It
25 appears that public awareness of risk factors associated
26 with each of these diseases could be a major factor in the

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1 alarming disparity between the percentage of the
2 population that is infected with one of these blood
3 viruses, but unaware that they are infected.
4 (5) In light of the widely varied nature of the risk
5 factors mentioned in this subsection (a), the previous
6 findings by the Institute of Medicine, and the clear
7 evidence of the disproportional public awareness between
8 HIV and viral hepatitis, it is clearly in the public
9 interest for this State to establish a task force to gather
10 testimony and develop an action plan to (A) increase public
11 awareness of the risk factors for these viruses, (B)
12 improve access to screening for these viruses, and (C)
13 provide those infected with information about the
14 prognosis, treatment options, and elevated risk of
15 developing cirrhosis and liver cancer. There is clear and
16 increasing evidence that many adults in Illinois and in the
17 United States have at least one of the risk factors
18 mentioned in this subsection (a).
19 (6) The General Assembly also finds that it is in the
20 public interest to bring communities of Illinois-based
21 veterans of American military service into familiarity
22 with the issues created by this disease, because many
23 veterans, especially Vietnam-era veterans, have at least
24 one of the previously enumerated risk factors and are
25 especially prone to being affected by this disease; and
26 because veterans of American military service should enjoy

HB5597- 145 -LRB098 15874 AMC 50917 b
1 in all cases, and do enjoy in most cases, adequate access
2 to health care services that include medical management and
3 care for preexisting and long-term medical conditions,
4 such as infection with the hepatitis virus.
5 (b) There is established the Hepatitis C Task Force within
6the Department of Public Health. The purpose of the Task Force
7shall be to:
8 (1) develop strategies to identify and address the
9 unmet needs of persons with hepatitis C in order to enhance
10 the quality of life of persons with hepatitis C by
11 maximizing productivity and independence and addressing
12 emotional, social, financial, and vocational challenges of
13 persons with hepatitis C;
14 (2) develop strategies to provide persons with
15 hepatitis C greater access to various treatments and other
16 therapeutic options that may be available; and
17 (3) develop strategies to improve hepatitis C
18 education and awareness.
19 (c) The Task Force shall consist of 17 members as follows:
20 (1) the Director of Public Health, the Director of
21 Veterans' Affairs, and the Director of Human Services, or
22 their designees, who shall serve ex officio;
23 (2) ten public members who shall be appointed by the
24 Director of Public Health from the medical, patient, and
25 service provider communities, including, but not limited
26 to, HCV Support, Inc.; and

HB5597- 146 -LRB098 15874 AMC 50917 b
1 (3) four members of the General Assembly, appointed one
2 each by the President of the Senate, the Minority Leader of
3 the Senate, the Speaker of the House of Representatives,
4 and the Minority Leader of the House of Representatives.
5 Vacancies in the membership of the Task Force shall be
6filled in the same manner provided for in the original
7appointments.
8 (d) The Task Force shall organize within 120 days following
9the appointment of a majority of its members and shall select a
10chairperson and vice-chairperson from among the members. The
11chairperson shall appoint a secretary, who need not be a member
12of the Task Force.
13 (e) The public members shall serve without compensation and
14shall not be reimbursed for necessary expenses incurred in the
15performance of their duties, unless funds become available to
16the Task Force.
17 (f) The Task Force shall be entitled to call to its
18assistance and avail itself of the services of the employees of
19any State, county, or municipal department, board, bureau,
20commission, or agency as it may require and as may be available
21to it for its purposes.
22 (g) The Task Force may meet and hold hearings as it deems
23appropriate.
24 (h) The Department of Public Health shall provide staff
25support to the Task Force.
26 (i) The Task Force shall report its findings and

HB5597- 147 -LRB098 15874 AMC 50917 b
1recommendations to the Governor and to the General Assembly,
2along with any legislative bills that it desires to recommend
3for adoption by the General Assembly, no later than December
431, 2015.
5 (j) The Task Force is abolished and this Section is
6repealed on January 1, 2016.
7(Source: P.A. 98-493, eff. 8-16-13; revised 9-12-13.)
8 (20 ILCS 2310/2310-680)
9 (Section scheduled to be repealed on January 1, 2016)
10 Sec. 2310-680 2310-665. Multiple Sclerosis Task Force.
11 (a) The General Assembly finds and declares the following:
12 (1) Multiple sclerosis (MS) is a chronic, often
13 disabling, disease that attacks the central nervous
14 system, which is comprised of the brain, spinal cord, and
15 optic nerves. MS is the number one disabling disease among
16 young adults, striking in the prime of life. It is a
17 disease in which the body, through its immune system,
18 launches a defensive and damaging attack against its own
19 tissues. MS damages the nerve-insulating myelin sheath
20 that surrounds and protects the brain. The damage to the
21 myelin sheath slows down or blocks messages between the
22 brain and the body.
23 (2) Most people experience their first symptoms of MS
24 between the ages of 20 and 40, but MS can appear in young
25 children and teens as well as much older adults. MS

HB5597- 148 -LRB098 15874 AMC 50917 b
1 symptoms can include visual disturbances, muscle weakness,
2 trouble with coordination and balance, sensations such as
3 numbness, prickling or pins and needles, and thought and
4 memory problems. MS patients can also experience partial or
5 complete paralysis, speech impediments, tremors,
6 dizziness, stiffness and spasms, fatigue, paresthesias,
7 pain, and loss of sensation.
8 (3) The cause of MS remains unknown; however, having a
9 first-degree relative, such as a parent or sibling, with MS
10 significantly increases a person's risk of developing the
11 disease. According to the National Institute of
12 Neurological Disorders and Stroke, it is estimated that
13 there are approximately 250,000 to 350,000 persons in the
14 United States who are diagnosed with MS. This estimate
15 suggests that approximately 200 new cases are diagnosed
16 each week. Other sources report a population of at least
17 400,000 in the United States. The estimate of persons with
18 MS in Illinois is 20,000, with at least 2 areas of MS
19 clusters identified in Illinois.
20 (4) Presently, there is no cure for MS. The complex and
21 variable nature of the disease makes it very difficult to
22 diagnose, treat, and research. The cost to the family,
23 often with young children, can be overwhelming. Among
24 common diagnoses, non-stroke neurologic illnesses, such as
25 multiple sclerosis, were associated with the highest
26 out-of-pocket expenditures (a mean of $34,167), followed

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1 by diabetes ($26,971), injuries ($25,096), stroke
2 ($23,380), mental illnesses ($23,178), and heart disease
3 ($21,955). Median out-of-pocket costs for health care
4 among people with MS, excluding insurance premiums, were
5 almost twice as much as the general population. The costs
6 associated with MS increase with greater disability. Costs
7 for severely disabled individuals are more than twice those
8 for persons with a relatively mild form of the disease. A
9 recent study of medical bankruptcy found that 62.1% of all
10 personal bankruptcies in the United States were related to
11 medical costs.
12 (5) Therefore, it is in the public interest for the
13 State to establish a Multiple Sclerosis Task Force in order
14 to identify and address the unmet needs of persons with MS
15 and develop ways to enhance their quality of life.
16 (b) There is established the Multiple Sclerosis Task Force
17in the Department of Public Health. The purpose of the Task
18Force shall be to:
19 (1) develop strategies to identify and address the
20 unmet needs of persons with MS in order to enhance the
21 quality of life of persons with MS by maximizing
22 productivity and independence and addressing emotional,
23 social, financial, and vocational challenges of persons
24 with MS;
25 (2) develop strategies to provide persons with MS
26 greater access to various treatments and other therapeutic

HB5597- 150 -LRB098 15874 AMC 50917 b
1 options that may be available; and
2 (3) develop strategies to improve multiple sclerosis
3 education and awareness.
4 (c) The Task Force shall consist of 16 members as follows:
5 (1) the Director of Public Health and the Director of
6 Human Services, or their designees, who shall serve ex
7 officio; and
8 (2) fourteen public members, who shall be appointed by
9 the Director of Public Health as follows: 2 neurologists
10 licensed to practice medicine in this State; 3 registered
11 nurses or other health professionals with MS certification
12 and extensive expertise with progressed MS; one person upon
13 the recommendation of the National Multiple Sclerosis
14 Society; 3 persons who represent agencies that provide
15 services or support to individuals with MS in this State; 3
16 persons who have MS, at least one of whom having progressed
17 MS; and 2 members of the public with a demonstrated
18 expertise in issues relating to the work of the Task Force.
19 Vacancies in the membership of the Task Force shall be
20filled in the same manner provided for in the original
21appointments.
22 (d) The Task Force shall organize within 120 days following
23the appointment of a majority of its members and shall select a
24chairperson and vice-chairperson from among the members. The
25chairperson shall appoint a secretary who need not be a member
26of the Task Force.

HB5597- 151 -LRB098 15874 AMC 50917 b
1 (e) The public members shall serve without compensation and
2shall not be reimbursed for necessary expenses incurred in the
3performance of their duties unless funds become available to
4the Task Force.
5 (f) The Task Force may meet and hold hearings as it deems
6appropriate.
7 (g) The Department of Public Health shall provide staff
8support to the Task Force.
9 (h) The Task Force shall report its findings and
10recommendations to the Governor and to the General Assembly,
11along with any legislative bills that it desires to recommend
12for adoption by the General Assembly, no later than December
1331, 2015.
14 (i) The Task Force is abolished and this Section is
15repealed on January 1, 2016.
16(Source: P.A. 98-530, eff. 8-23-13; revised 9-12-13.)
17 Section 95. The Disabilities Services Act of 2003 is
18amended by changing Section 10 as follows:
19 (20 ILCS 2407/10)
20 Sec. 10. Application of Act; definitions.
21 (a) This Act applies to persons with disabilities. The
22disabilities included are defined for purposes of this Act as
23follows:
24 "Disability" means a disability as defined by the Americans

HB5597- 152 -LRB098 15874 AMC 50917 b
1with Disabilities Act of 1990 that is attributable to a
2developmental disability, a mental illness, or a physical
3disability, or combination of those.
4 "Developmental disability" means a disability that is
5attributable to an intellectual disability or a related
6condition. A related condition must meet all of the following
7conditions:
8 (1) It must be attributable to cerebral palsy,
9 epilepsy, or any other condition (other than mental
10 illness) found to be closely related to an intellectual
11 disability because that condition results in impairment of
12 general intellectual functioning or adaptive behavior
13 similar to that of individuals with an intellectual
14 disability, and requires treatment or services similar to
15 those required for those individuals. For purposes of this
16 Section, autism is considered a related condition.
17 (2) It must be manifested before the individual reaches
18 age 22.
19 (3) It must be likely to continue indefinitely.
20 (4) It must result in substantial functional
21 limitations in 3 or more of the following areas of major
22 life activity: self-care, language, learning, mobility,
23 self-direction, and capacity for independent living.
24 "Mental Illness" means a mental or emotional disorder
25verified by a diagnosis contained in the Diagnostic and
26Statistical Manual of Mental Disorders-Fourth Edition,

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1published by the American Psychiatric Association (DSM-IV), or
2its successor, or International Classification of Diseases,
39th Revision, Clinical Modification (ICD-9-CM), or its
4successor, that substantially impairs a person's cognitive,
5emotional, or behavioral functioning, or any combination of
6those, excluding (i) conditions that may be the focus of
7clinical attention but are not of sufficient duration or
8severity to be categorized as a mental illness, such as
9parent-child relational problems, partner-relational problems,
10sexual abuse of a child, bereavement, academic problems,
11phase-of-life problems, and occupational problems
12(collectively, "V codes"), (ii) organic disorders such as
13substance intoxication dementia, substance withdrawal
14dementia, Alzheimer's disease, vascular dementia, dementia due
15to HIV infection, and dementia due to Creutzfeldt-Jakob
16Creutzfeld-Jakob disease and disorders associated with known
17or unknown physical conditions such as hallucinosis, amnestic
18disorders and delirium, and psychoactive substance-induced
19organic disorders, and (iii) an intellectual disability or
20psychoactive substance use disorders.
21 "Intellectual disability" means significantly sub-average
22general intellectual functioning existing concurrently with
23deficits in adaptive behavior and manifested before the age of
2422 years.
25 "Physical disability" means a disability as defined by the
26Americans with Disabilities Act of 1990 that meets the

HB5597- 154 -LRB098 15874 AMC 50917 b
1following criteria:
2 (1) It is attributable to a physical impairment.
3 (2) It results in a substantial functional limitation
4 in any of the following areas of major life activity: (i)
5 self-care, (ii) receptive and expressive language, (iii)
6 learning, (iv) mobility, (v) self-direction, (vi) capacity
7 for independent living, and (vii) economic sufficiency.
8 (3) It reflects the person's need for a combination and
9 sequence of special, interdisciplinary, or general care,
10 treatment, or other services that are of lifelong or of
11 extended duration and must be individually planned and
12 coordinated.
13 (b) In this Act:
14 "Chronological age-appropriate services" means services,
15activities, and strategies for persons with disabilities that
16are representative of the lifestyle activities of nondisabled
17peers of similar age in the community.
18 "Comprehensive evaluation" means procedures used by
19qualified professionals selectively with an individual to
20determine whether a person has a disability and the nature and
21extent of the services that the person with a disability needs.
22 "Department" means the Department on Aging, the Department
23of Human Services, the Department of Public Health, the
24Department of Public Aid (now Department Healthcare and Family
25Services), the University of Illinois Division of Specialized
26Care for Children, the Department of Children and Family

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1Services, and the Illinois State Board of Education, where
2appropriate, as designated in the implementation plan
3developed under Section 20.
4 "Family" means a natural, adoptive, or foster parent or
5parents or other person or persons responsible for the care of
6an individual with a disability in a family setting.
7 "Family or individual support" means those resources and
8services that are necessary to maintain an individual with a
9disability within the family home or his or her own home. These
10services may include, but are not limited to, cash subsidy,
11respite care, and counseling services.
12 "Independent service coordination" means a social service
13that enables persons with developmental disabilities and their
14families to locate, use, and coordinate resources and
15opportunities in their communities on the basis of individual
16need. Independent service coordination is independent of
17providers of services and funding sources and is designed to
18ensure accessibility, continuity of care, and accountability
19and to maximize the potential of persons with developmental
20disabilities for independence, productivity, and integration
21into the community. Independent service coordination includes,
22at a minimum: (i) outreach to identify eligible individuals;
23(ii) assessment and periodic reassessment to determine each
24individual's strengths, functional limitations, and need for
25specific services; (iii) participation in the development of a
26comprehensive individual service or treatment plan; (iv)

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1referral to and linkage with needed services and supports; (v)
2monitoring to ensure the delivery of appropriate services and
3to determine individual progress in meeting goals and
4objectives; and (vi) advocacy to assist the person in obtaining
5all services for which he or she is eligible or entitled.
6 "Individual service or treatment plan" means a recorded
7assessment of the needs of a person with a disability, a
8description of the services recommended, the goals of each type
9of element of service, an anticipated timetable for the
10accomplishment of the goals, and a designation of the qualified
11professionals responsible for the implementation of the plan.
12 "Least restrictive environment" means an environment that
13represents the least departure from the normal patterns of
14living and that effectively meets the needs of the person
15receiving the service.
16(Source: P.A. 97-227, eff. 1-1-12; revised 9-4-13.)
17 Section 100. The Department of State Police Law of the
18Civil Administrative Code of Illinois is amended by setting
19forth and renumbering multiple versions of Section 2605-595 as
20follows:
21 (20 ILCS 2605/2605-595)
22 Sec. 2605-595. State Police Firearm Services Fund.
23 (a) There is created in the State treasury a special fund
24known as the State Police Firearm Services Fund. The Fund shall

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1receive revenue under the Firearm Concealed Carry Act and
2Section 5 of the Firearm Owners Identification Card Act. The
3Fund may also receive revenue from grants, pass-through grants,
4donations, appropriations, and any other legal source.
5 (b) The Department of State Police may use moneys in the
6Fund to finance any of its lawful purposes, mandates,
7functions, and duties under the Firearm Owners Identification
8Card Act and the Firearm Concealed Carry Act, including the
9cost of sending notices of expiration of Firearm Owner's
10Identification Cards, concealed carry licenses, the prompt and
11efficient processing of applications under the Firearm Owners
12Identification Card Act and the Firearm Concealed Carry Act,
13the improved efficiency and reporting of the LEADS and federal
14NICS law enforcement data systems, and support for
15investigations required under these Acts and law. Any surplus
16funds beyond what is needed to comply with the aforementioned
17purposes shall be used by the Department to improve the Law
18Enforcement Agencies Data System (LEADS) and criminal history
19background check system.
20 (c) Investment income that is attributable to the
21investment of moneys in the Fund shall be retained in the Fund
22for the uses specified in this Section.
23(Source: P.A. 98-63, eff. 7-9-13.)
24 (20 ILCS 2605/2605-600)
25 Sec. 2605-600 2605-595. Crimes Against Police Officers

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1Advisory.
2 (a) For purposes of this Section:
3 "Attempt" has the meaning ascribed to that term in
4 Section 8-4 of the Criminal Code of 2012.
5 "Concealment of homicidal death" has the meaning
6 ascribed to that term in Section 9-3.4 of the Criminal Code
7 of 2012.
8 "First degree murder" has the meaning ascribed to that
9 term in Section 9-1 of the Criminal Code of 2012.
10 "Involuntary manslaughter" and "reckless homicide"
11 have the meanings ascribed to those terms in Section 9-3 of
12 the Criminal Code of 2012.
13 "Second degree murder" has the meaning ascribed to that
14 term in Section 9-2 of the Criminal Code of 2012.
15 (b) A coordinated program known as the Crimes Against
16Police Officers Advisory is established within the Department
17of State Police. The purpose of the Crimes Against Police
18Officers Advisory is to provide a regional system for the rapid
19dissemination of information regarding a person who is
20suspected of committing or attempting to commit any of the
21offenses described in subsection (c).
22 (c) The Department of State Police shall develop an
23advisory to assist law enforcement agencies when the commission
24or attempted commission of the following offenses against a
25peace officer occur:
26 (1) first degree murder;

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1 (2) second degree murder;
2 (3) involuntary manslaughter;
3 (4) reckless homicide; and
4 (5) concealment of homicidal death.
5 (d) Law enforcement agencies participating in the advisory
6may request assistance when:
7 (1) the agency believes that a suspect has not been
8 apprehended;
9 (2) the agency believes that the suspect may be a
10 serious threat to the public; and
11 (3) sufficient information is available to disseminate
12 to the public that could assist in locating the suspect.
13 (e) The Department of State Police shall reserve the
14authority to determine if dissemination of the information will
15pose a significant risk to the public or jeopardize the
16investigation.
17 (f) The Department of State Police may partner with media
18and may request a media broadcast concerning details of the
19suspect in order to obtain the public's assistance in locating
20the suspect or vehicle used in the offense, or both.
21(Source: P.A. 98-263, eff. 1-1-14; revised 10-17-13.)
22 Section 105. The Criminal Identification Act is amended by
23changing Sections 4 and 5.2 as follows:
24 (20 ILCS 2630/4) (from Ch. 38, par. 206-4)

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1 Sec. 4. The Department may use the following systems of
2identification: the Bertillon The Bertillion system, the
3finger print system, and any system of measurement or
4identification that may be adopted by law or rule in the
5various penal institutions or bureaus of identification
6wherever located.
7 The Department shall make a record consisting of duplicates
8of all measurements, processes, operations, signalletic cards,
9plates, photographs, outline pictures, measurements,
10descriptions of and data relating to all persons confined in
11penal institutions wherever located, so far as the same are
12obtainable, in accordance with whatever system or systems may
13be found most efficient and practical.
14(Source: Laws 1957, p. 1422; revised 9-4-13.)
15 (20 ILCS 2630/5.2)
16 Sec. 5.2. Expungement and sealing.
17 (a) General Provisions.
18 (1) Definitions. In this Act, words and phrases have
19 the meanings set forth in this subsection, except when a
20 particular context clearly requires a different meaning.
21 (A) The following terms shall have the meanings
22 ascribed to them in the Unified Code of Corrections,
23 730 ILCS 5/5-1-2 through 5/5-1-22:
24 (i) Business Offense (730 ILCS 5/5-1-2),
25 (ii) Charge (730 ILCS 5/5-1-3),

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

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

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

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1 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
2 of the Unified Code of Corrections, Section
3 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
4 those provisions existed before their deletion by
5 Public Act 89-313), Section 10-102 of the Illinois
6 Alcoholism and Other Drug Dependency Act, Section
7 40-10 of the Alcoholism and Other Drug Abuse and
8 Dependency Act, or Section 10 of the Steroid Control
9 Act. For the purpose of this Section, "successful
10 completion" of an order of qualified probation under
11 Section 10-102 of the Illinois Alcoholism and Other
12 Drug Dependency Act and Section 40-10 of the Alcoholism
13 and Other Drug Abuse and Dependency Act means that the
14 probation was terminated satisfactorily and the
15 judgment of conviction was vacated.
16 (K) "Seal" means to physically and electronically
17 maintain the records, unless the records would
18 otherwise be destroyed due to age, but to make the
19 records unavailable without a court order, subject to
20 the exceptions in Sections 12 and 13 of this Act. The
21 petitioner's name shall also be obliterated from the
22 official index required to be kept by the circuit court
23 clerk under Section 16 of the Clerks of Courts Act, but
24 any index issued by the circuit court clerk before the
25 entry of the order to seal shall not be affected.
26 (L) "Sexual offense committed against a minor"

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1 includes but is not limited to the offenses of indecent
2 solicitation of a child or criminal sexual abuse when
3 the victim of such offense is under 18 years of age.
4 (M) "Terminate" as it relates to a sentence or
5 order of supervision or qualified probation includes
6 either satisfactory or unsatisfactory termination of
7 the sentence, unless otherwise specified in this
8 Section.
9 (2) Minor Traffic Offenses. Orders of supervision or
10 convictions for minor traffic offenses shall not affect a
11 petitioner's eligibility to expunge or seal records
12 pursuant to this Section.
13 (3) Exclusions. Except as otherwise provided in
14 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
15 of this Section, the court shall not order:
16 (A) the sealing or expungement of the records of
17 arrests or charges not initiated by arrest that result
18 in an order of supervision for or conviction of: (i)
19 any sexual offense committed against a minor; (ii)
20 Section 11-501 of the Illinois Vehicle Code or a
21 similar provision of a local ordinance; or (iii)
22 Section 11-503 of the Illinois Vehicle Code or a
23 similar provision of a local ordinance, unless the
24 arrest or charge is for a misdemeanor violation of
25 subsection (a) of Section 11-503 or a similar provision
26 of a local ordinance, that occurred prior to the

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

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

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1 (v) the charge results in acquittal,
2 dismissal, or the petitioner's release without
3 conviction; or
4 (vi) the charge results in a conviction, but
5 the conviction was reversed or vacated.
6 (b) Expungement.
7 (1) A petitioner may petition the circuit court to
8 expunge the records of his or her arrests and charges not
9 initiated by arrest when:
10 (A) He or she has never been convicted of a
11 criminal offense; and
12 (B) Each arrest or charge not initiated by arrest
13 sought to be expunged resulted in: (i) acquittal,
14 dismissal, or the petitioner's release without
15 charging, unless excluded by subsection (a)(3)(B);
16 (ii) a conviction which was vacated or reversed, unless
17 excluded by subsection (a)(3)(B); (iii) an order of
18 supervision and such supervision was successfully
19 completed by the petitioner, unless excluded by
20 subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
21 qualified probation (as defined in subsection
22 (a)(1)(J)) and such probation was successfully
23 completed by the petitioner.
24 (2) Time frame for filing a petition to expunge.
25 (A) When the arrest or charge not initiated by
26 arrest sought to be expunged resulted in an acquittal,

HB5597- 169 -LRB098 15874 AMC 50917 b
1 dismissal, the petitioner's release without charging,
2 or the reversal or vacation of a conviction, there is
3 no waiting period to petition for the expungement of
4 such records.
5 (B) When the arrest or charge not initiated by
6 arrest sought to be expunged resulted in an order of
7 supervision, successfully completed by the petitioner,
8 the following time frames will apply:
9 (i) Those arrests or charges that resulted in
10 orders of supervision under Section 3-707, 3-708,
11 3-710, or 5-401.3 of the Illinois Vehicle Code or a
12 similar provision of a local ordinance, or under
13 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
14 Code of 1961 or the Criminal Code of 2012, or a
15 similar provision of a local ordinance, shall not
16 be eligible for expungement until 5 years have
17 passed following the satisfactory termination of
18 the supervision.
19 (i-5) Those arrests or charges that resulted
20 in orders of supervision for a misdemeanor
21 violation of subsection (a) of Section 11-503 of
22 the Illinois Vehicle Code or a similar provision of
23 a local ordinance, that occurred prior to the
24 offender reaching the age of 25 years and the
25 offender has no other conviction for violating
26 Section 11-501 or 11-503 of the Illinois Vehicle

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1 Code or a similar provision of a local ordinance
2 shall not be eligible for expungement until the
3 petitioner has reached the age of 25 years.
4 (ii) Those arrests or charges that resulted in
5 orders of supervision for any other offenses shall
6 not be eligible for expungement until 2 years have
7 passed following the satisfactory termination of
8 the supervision.
9 (C) When the arrest or charge not initiated by
10 arrest sought to be expunged resulted in an order of
11 qualified probation, successfully completed by the
12 petitioner, such records shall not be eligible for
13 expungement until 5 years have passed following the
14 satisfactory termination of the probation.
15 (3) Those records maintained by the Department for
16 persons arrested prior to their 17th birthday shall be
17 expunged as provided in Section 5-915 of the Juvenile Court
18 Act of 1987.
19 (4) Whenever a person has been arrested for or
20 convicted of any offense, in the name of a person whose
21 identity he or she has stolen or otherwise come into
22 possession of, the aggrieved person from whom the identity
23 was stolen or otherwise obtained without authorization,
24 upon learning of the person having been arrested using his
25 or her identity, may, upon verified petition to the chief
26 judge of the circuit wherein the arrest was made, have a

HB5597- 171 -LRB098 15874 AMC 50917 b
1 court order entered nunc pro tunc by the Chief Judge to
2 correct the arrest record, conviction record, if any, and
3 all official records of the arresting authority, the
4 Department, other criminal justice agencies, the
5 prosecutor, and the trial court concerning such arrest, if
6 any, by removing his or her name from all such records in
7 connection with the arrest and conviction, if any, and by
8 inserting in the records the name of the offender, if known
9 or ascertainable, in lieu of the aggrieved's name. The
10 records of the circuit court clerk shall be sealed until
11 further order of the court upon good cause shown and the
12 name of the aggrieved person obliterated on the official
13 index required to be kept by the circuit court clerk under
14 Section 16 of the Clerks of Courts Act, but the order shall
15 not affect any index issued by the circuit court clerk
16 before the entry of the order. Nothing in this Section
17 shall limit the Department of State Police or other
18 criminal justice agencies or prosecutors from listing
19 under an offender's name the false names he or she has
20 used.
21 (5) Whenever a person has been convicted of criminal
22 sexual assault, aggravated criminal sexual assault,
23 predatory criminal sexual assault of a child, criminal
24 sexual abuse, or aggravated criminal sexual abuse, the
25 victim of that offense may request that the State's
26 Attorney of the county in which the conviction occurred

HB5597- 172 -LRB098 15874 AMC 50917 b
1 file a verified petition with the presiding trial judge at
2 the petitioner's trial to have a court order entered to
3 seal the records of the circuit court clerk in connection
4 with the proceedings of the trial court concerning that
5 offense. However, the records of the arresting authority
6 and the Department of State Police concerning the offense
7 shall not be sealed. The court, upon good cause shown,
8 shall make the records of the circuit court clerk in
9 connection with the proceedings of the trial court
10 concerning the offense available for public inspection.
11 (6) If a conviction has been set aside on direct review
12 or on collateral attack and the court determines by clear
13 and convincing evidence that the petitioner was factually
14 innocent of the charge, the court that finds the petitioner
15 factually innocent of the charge shall enter an expungement
16 order for the conviction for which the petitioner has been
17 determined to be innocent as provided in subsection (b) of
18 Section 5-5-4 of the Unified Code of Corrections.
19 (7) Nothing in this Section shall prevent the
20 Department of State Police from maintaining all records of
21 any person who is admitted to probation upon terms and
22 conditions and who fulfills those terms and conditions
23 pursuant to Section 10 of the Cannabis Control Act, Section
24 410 of the Illinois Controlled Substances Act, Section 70
25 of the Methamphetamine Control and Community Protection
26 Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

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

HB5597- 174 -LRB098 15874 AMC 50917 b
1 excluded by subsection (a)(3)(B);
2 (C) Arrests or charges not initiated by arrest
3 resulting in orders of supervision successfully
4 completed by the petitioner, unless excluded by
5 subsection (a)(3);
6 (D) Arrests or charges not initiated by arrest
7 resulting in convictions unless excluded by subsection
8 (a)(3);
9 (E) Arrests or charges not initiated by arrest
10 resulting in orders of first offender probation under
11 Section 10 of the Cannabis Control Act, Section 410 of
12 the Illinois Controlled Substances Act, Section 70 of
13 the Methamphetamine Control and Community Protection
14 Act, or Section 5-6-3.3 of the Unified Code of
15 Corrections; and
16 (F) Arrests or charges not initiated by arrest
17 resulting in felony convictions for the following
18 offenses:
19 (i) Class 4 felony convictions for:
20 Prostitution under Section 11-14 of the
21 Criminal Code of 1961 or the Criminal Code of
22 2012.
23 Possession of cannabis under Section 4 of
24 the Cannabis Control Act.
25 Possession of a controlled substance under
26 Section 402 of the Illinois Controlled

HB5597- 175 -LRB098 15874 AMC 50917 b
1 Substances Act.
2 Offenses under the Methamphetamine
3 Precursor Control Act.
4 Offenses under the Steroid Control Act.
5 Theft under Section 16-1 of the Criminal
6 Code of 1961 or the Criminal Code of 2012.
7 Retail theft under Section 16A-3 or
8 paragraph (a) of 16-25 of the Criminal Code of
9 1961 or the Criminal Code of 2012.
10 Deceptive practices under Section 17-1 of
11 the Criminal Code of 1961 or the Criminal Code
12 of 2012.
13 Forgery under Section 17-3 of the Criminal
14 Code of 1961 or the Criminal Code of 2012.
15 Possession of burglary tools under Section
16 19-2 of the Criminal Code of 1961 or the
17 Criminal Code of 2012.
18 (ii) Class 3 felony convictions for:
19 Theft under Section 16-1 of the Criminal
20 Code of 1961 or the Criminal Code of 2012.
21 Retail theft under Section 16A-3 or
22 paragraph (a) of 16-25 of the Criminal Code of
23 1961 or the Criminal Code of 2012.
24 Deceptive practices under Section 17-1 of
25 the Criminal Code of 1961 or the Criminal Code
26 of 2012.

HB5597- 176 -LRB098 15874 AMC 50917 b
1 Forgery under Section 17-3 of the Criminal
2 Code of 1961 or the Criminal Code of 2012.
3 Possession with intent to manufacture or
4 deliver a controlled substance under Section
5 401 of the Illinois Controlled Substances Act.
6 (3) When Records Are Eligible to Be Sealed. Records
7 identified as eligible under subsection (c)(2) may be
8 sealed as follows:
9 (A) Records identified as eligible under
10 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
11 time.
12 (B) Records identified as eligible under
13 subsection (c)(2)(C) may be sealed (i) 3 years after
14 the termination of petitioner's last sentence (as
15 defined in subsection (a)(1)(F)) if the petitioner has
16 never been convicted of a criminal offense (as defined
17 in subsection (a)(1)(D)); or (ii) 4 years after the
18 termination of the petitioner's last sentence (as
19 defined in subsection (a)(1)(F)) if the petitioner has
20 ever been convicted of a criminal offense (as defined
21 in subsection (a)(1)(D)).
22 (C) Records identified as eligible under
23 subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
24 sealed 4 years after the termination of the
25 petitioner's last sentence (as defined in subsection
26 (a)(1)(F)).

HB5597- 177 -LRB098 15874 AMC 50917 b
1 (D) Records identified in subsection
2 (a)(3)(A)(iii) may be sealed after the petitioner has
3 reached the age of 25 years.
4 (4) Subsequent felony convictions. A person may not
5 have subsequent felony conviction records sealed as
6 provided in this subsection (c) if he or she is convicted
7 of any felony offense after the date of the sealing of
8 prior felony convictions as provided in this subsection
9 (c). The court may, upon conviction for a subsequent felony
10 offense, order the unsealing of prior felony conviction
11 records previously ordered sealed by the court.
12 (5) Notice of eligibility for sealing. Upon entry of a
13 disposition for an eligible record under this subsection
14 (c), the petitioner shall be informed by the court of the
15 right to have the records sealed and the procedures for the
16 sealing of the records.
17 (d) Procedure. The following procedures apply to
18expungement under subsections (b), (e), and (e-6) and sealing
19under subsections (c) and (e-5):
20 (1) Filing the petition. Upon becoming eligible to
21 petition for the expungement or sealing of records under
22 this Section, the petitioner shall file a petition
23 requesting the expungement or sealing of records with the
24 clerk of the court where the arrests occurred or the
25 charges were brought, or both. If arrests occurred or
26 charges were brought in multiple jurisdictions, a petition

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1 must be filed in each such jurisdiction. The petitioner
2 shall pay the applicable fee, if not waived.
3 (2) Contents of petition. The petition shall be
4 verified and shall contain the petitioner's name, date of
5 birth, current address and, for each arrest or charge not
6 initiated by arrest sought to be sealed or expunged, the
7 case number, the date of arrest (if any), the identity of
8 the arresting authority, and such other information as the
9 court may require. During the pendency of the proceeding,
10 the petitioner shall promptly notify the circuit court
11 clerk of any change of his or her address. If the
12 petitioner has received a certificate of eligibility for
13 sealing from the Prisoner Review Board under paragraph (10)
14 of subsection (a) of Section 3-3-2 of the Unified Code of
15 Corrections, the certificate shall be attached to the
16 petition.
17 (3) Drug test. The petitioner must attach to the
18 petition proof that the petitioner has passed a test taken
19 within 30 days before the filing of the petition showing
20 the absence within his or her body of all illegal
21 substances as defined by the Illinois Controlled
22 Substances Act, the Methamphetamine Control and Community
23 Protection Act, and the Cannabis Control Act if he or she
24 is petitioning to:
25 (A) seal felony records under clause (c)(2)(E);
26 (B) seal felony records for a violation of the

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1 Illinois Controlled Substances Act, the
2 Methamphetamine Control and Community Protection Act,
3 or the Cannabis Control Act under clause (c)(2)(F);
4 (C) seal felony records under subsection (e-5); or
5 (D) expunge felony records of a qualified
6 probation under clause (b)(1)(B)(iv).
7 (4) Service of petition. The circuit court clerk shall
8 promptly serve a copy of the petition and documentation to
9 support the petition under subsection (e), (e-5), or (e-6)
10 on the State's Attorney or prosecutor charged with the duty
11 of prosecuting the offense, the Department of State Police,
12 the arresting agency and the chief legal officer of the
13 unit of local government effecting the arrest.
14 (5) Objections.
15 (A) Any party entitled to notice of the petition
16 may file an objection to the petition. All objections
17 shall be in writing, shall be filed with the circuit
18 court clerk, and shall state with specificity the basis
19 of the objection.
20 (B) Objections to a petition to expunge or seal
21 must be filed within 60 days of the date of service of
22 the petition.
23 (6) Entry of order.
24 (A) The Chief Judge of the circuit wherein the
25 charge was brought, any judge of that circuit
26 designated by the Chief Judge, or in counties of less

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1 than 3,000,000 inhabitants, the presiding trial judge
2 at the petitioner's trial, if any, shall rule on the
3 petition to expunge or seal as set forth in this
4 subsection (d)(6).
5 (B) Unless the State's Attorney or prosecutor, the
6 Department of State Police, the arresting agency, or
7 the chief legal officer files an objection to the
8 petition to expunge or seal within 60 days from the
9 date of service of the petition, the court shall enter
10 an order granting or denying the petition.
11 (7) Hearings. If an objection is filed, the court shall
12 set a date for a hearing and notify the petitioner and all
13 parties entitled to notice of the petition of the hearing
14 date at least 30 days prior to the hearing. Prior to the
15 hearing, the State's Attorney shall consult with the
16 Department as to the appropriateness of the relief sought
17 in the petition to expunge or seal. At the hearing, the
18 court shall hear evidence on whether the petition should or
19 should not be granted, and shall grant or deny the petition
20 to expunge or seal the records based on the evidence
21 presented at the hearing. The court may consider the
22 following:
23 (A) the strength of the evidence supporting the
24 defendant's conviction;
25 (B) the reasons for retention of the conviction
26 records by the State;

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1 (C) the petitioner's age, criminal record history,
2 and employment history;
3 (D) the period of time between the petitioner's
4 arrest on the charge resulting in the conviction and
5 the filing of the petition under this Section; and
6 (E) the specific adverse consequences the
7 petitioner may be subject to if the petition is denied.
8 (8) Service of order. After entering an order to
9 expunge or seal records, the court must provide copies of
10 the order to the Department, in a form and manner
11 prescribed by the Department, to the petitioner, to the
12 State's Attorney or prosecutor charged with the duty of
13 prosecuting the offense, to the arresting agency, to the
14 chief legal officer of the unit of local government
15 effecting the arrest, and to such other criminal justice
16 agencies as may be ordered by the court.
17 (9) Implementation of order.
18 (A) Upon entry of an order to expunge records
19 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
20 (i) the records shall be expunged (as defined
21 in subsection (a)(1)(E)) by the arresting agency,
22 the Department, and any other agency as ordered by
23 the court, within 60 days of the date of service of
24 the order, unless a motion to vacate, modify, or
25 reconsider the order is filed pursuant to
26 paragraph (12) of subsection (d) of this Section;

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

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

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

HB5597- 185 -LRB098 15874 AMC 50917 b
1 same or a similar offense or for the purpose of
2 sentencing for any subsequent felony, and to the
3 Department of Corrections upon conviction for any
4 offense; and
5 (v) in response to an inquiry for these records
6 from anyone not authorized by law to access the
7 records, the court, the Department, or the agency
8 receiving the inquiry shall reply as it does in
9 response to inquiries when no records ever
10 existed.
11 (C) Upon entry of an order to seal records under
12 subsection (c), the arresting agency, any other agency
13 as ordered by the court, the Department, and the court
14 shall seal the records (as defined in subsection
15 (a)(1)(K)). In response to an inquiry for such records
16 from anyone not authorized by law to access such
17 records, the court, the Department, or the agency
18 receiving such inquiry shall reply as it does in
19 response to inquiries when no records ever existed.
20 (D) The Department shall send written notice to the
21 petitioner of its compliance with each order to expunge
22 or seal records within 60 days of the date of service
23 of that order or, if a motion to vacate, modify, or
24 reconsider is filed, within 60 days of service of the
25 order resolving the motion, if that order requires the
26 Department to expunge or seal records. In the event of

HB5597- 186 -LRB098 15874 AMC 50917 b
1 an appeal from the circuit court order, the Department
2 shall send written notice to the petitioner of its
3 compliance with an Appellate Court or Supreme Court
4 judgment to expunge or seal records within 60 days of
5 the issuance of the court's mandate. The notice is not
6 required while any motion to vacate, modify, or
7 reconsider, or any appeal or petition for
8 discretionary appellate review, is pending.
9 (10) Fees. The Department may charge the petitioner a
10 fee equivalent to the cost of processing any order to
11 expunge or seal records. Notwithstanding any provision of
12 the Clerks of Courts Act to the contrary, the circuit court
13 clerk may charge a fee equivalent to the cost associated
14 with the sealing or expungement of records by the circuit
15 court clerk. From the total filing fee collected for the
16 petition to seal or expunge, the circuit court clerk shall
17 deposit $10 into the Circuit Court Clerk Operation and
18 Administrative Fund, to be used to offset the costs
19 incurred by the circuit court clerk in performing the
20 additional duties required to serve the petition to seal or
21 expunge on all parties. The circuit court clerk shall
22 collect and forward the Department of State Police portion
23 of the fee to the Department and it shall be deposited in
24 the State Police Services Fund.
25 (11) Final Order. No court order issued under the
26 expungement or sealing provisions of this Section shall

HB5597- 187 -LRB098 15874 AMC 50917 b
1 become final for purposes of appeal until 30 days after
2 service of the order on the petitioner and all parties
3 entitled to notice of the petition.
4 (12) Motion to Vacate, Modify, or Reconsider. Under
5 Section 2-1203 of the Code of Civil Procedure, the
6 petitioner or any party entitled to notice may file a
7 motion to vacate, modify, or reconsider the order granting
8 or denying the petition to expunge or seal within 60 days
9 of service of the order. If filed more than 60 days after
10 service of the order, a petition to vacate, modify, or
11 reconsider shall comply with subsection (c) of Section
12 2-1401 of the Code of Civil Procedure. Upon filing of a
13 motion to vacate, modify, or reconsider, notice of the
14 motion shall be served upon the petitioner and all parties
15 entitled to notice of the petition.
16 (13) Effect of Order. An order granting a petition
17 under the expungement or sealing provisions of this Section
18 shall not be considered void because it fails to comply
19 with the provisions of this Section or because of any error
20 asserted in a motion to vacate, modify, or reconsider. The
21 circuit court retains jurisdiction to determine whether
22 the order is voidable and to vacate, modify, or reconsider
23 its terms based on a motion filed under paragraph (12) of
24 this subsection (d).
25 (14) Compliance with Order Granting Petition to Seal
26 Records. Unless a court has entered a stay of an order

HB5597- 188 -LRB098 15874 AMC 50917 b
1 granting a petition to seal, all parties entitled to notice
2 of the petition must fully comply with the terms of the
3 order within 60 days of service of the order even if a
4 party is seeking relief from the order through a motion
5 filed under paragraph (12) of this subsection (d) or is
6 appealing the order.
7 (15) Compliance with Order Granting Petition to
8 Expunge Records. While a party is seeking relief from the
9 order granting the petition to expunge through a motion
10 filed under paragraph (12) of this subsection (d) or is
11 appealing the order, and unless a court has entered a stay
12 of that order, the parties entitled to notice of the
13 petition must seal, but need not expunge, the records until
14 there is a final order on the motion for relief or, in the
15 case of an appeal, the issuance of that court's mandate.
16 (16) The changes to this subsection (d) made by Public
17 Act 98-163 this amendatory Act of the 98th General Assembly
18 apply to all petitions pending on August 5, 2013 (the
19 effective date of Public Act 98-163) this amendatory Act of
20 the 98th General Assembly and to all orders ruling on a
21 petition to expunge or seal on or after August 5, 2013 (the
22 effective date of Public Act 98-163) this amendatory Act of
23 the 98th General Assembly.
24 (e) Whenever a person who has been convicted of an offense
25is granted a pardon by the Governor which specifically
26authorizes expungement, he or she may, upon verified petition

HB5597- 189 -LRB098 15874 AMC 50917 b
1to the Chief Judge of the circuit where the person had been
2convicted, any judge of the circuit designated by the Chief
3Judge, or in counties of less than 3,000,000 inhabitants, the
4presiding trial judge at the defendant's trial, have a court
5order entered expunging the record of arrest from the official
6records of the arresting authority and order that the records
7of the circuit court clerk and the Department be sealed until
8further order of the court upon good cause shown or as
9otherwise provided herein, and the name of the defendant
10obliterated from the official index requested to be kept by the
11circuit court clerk under Section 16 of the Clerks of Courts
12Act in connection with the arrest and conviction for the
13offense for which he or she had been pardoned but the order
14shall not affect any index issued by the circuit court clerk
15before the entry of the order. All records sealed by the
16Department may be disseminated by the Department only to the
17arresting authority, the State's Attorney, and the court upon a
18later arrest for the same or similar offense or for the purpose
19of sentencing for any subsequent felony. Upon conviction for
20any subsequent offense, the Department of Corrections shall
21have access to all sealed records of the Department pertaining
22to that individual. Upon entry of the order of expungement, the
23circuit court clerk shall promptly mail a copy of the order to
24the person who was pardoned.
25 (e-5) Whenever a person who has been convicted of an
26offense is granted a certificate of eligibility for sealing by

HB5597- 190 -LRB098 15874 AMC 50917 b
1the Prisoner Review Board which specifically authorizes
2sealing, he or she may, upon verified petition to the Chief
3Judge of the circuit where the person had been convicted, any
4judge of the circuit designated by the Chief Judge, or in
5counties of less than 3,000,000 inhabitants, the presiding
6trial judge at the petitioner's trial, have a court order
7entered sealing the record of arrest from the official records
8of the arresting authority and order that the records of the
9circuit court clerk and the Department be sealed until further
10order of the court upon good cause shown or as otherwise
11provided herein, and the name of the petitioner obliterated
12from the official index requested to be kept by the circuit
13court clerk under Section 16 of the Clerks of Courts Act in
14connection with the arrest and conviction for the offense for
15which he or she had been granted the certificate but the order
16shall not affect any index issued by the circuit court clerk
17before the entry of the order. All records sealed by the
18Department may be disseminated by the Department only as
19required by this Act or to the arresting authority, a law
20enforcement agency, the State's Attorney, and the court upon a
21later arrest for the same or similar offense or for the purpose
22of sentencing for any subsequent felony. Upon conviction for
23any subsequent offense, the Department of Corrections shall
24have access to all sealed records of the Department pertaining
25to that individual. Upon entry of the order of sealing, the
26circuit court clerk shall promptly mail a copy of the order to

HB5597- 191 -LRB098 15874 AMC 50917 b
1the person who was granted the certificate of eligibility for
2sealing.
3 (e-6) Whenever a person who has been convicted of an
4offense is granted a certificate of eligibility for expungement
5by the Prisoner Review Board which specifically authorizes
6expungement, he or she may, upon verified petition to the Chief
7Judge of the circuit where the person had been convicted, any
8judge of the circuit designated by the Chief Judge, or in
9counties of less than 3,000,000 inhabitants, the presiding
10trial judge at the petitioner's trial, have a court order
11entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Department be sealed until
14further order of the court upon good cause shown or as
15otherwise provided herein, and the name of the petitioner
16obliterated from the official index requested to be kept by the
17circuit court clerk under Section 16 of the Clerks of Courts
18Act in connection with the arrest and conviction for the
19offense for which he or she had been granted the certificate
20but the order shall not affect any index issued by the circuit
21court clerk before the entry of the order. All records sealed
22by the Department may be disseminated by the Department only as
23required by this Act or to the arresting authority, a law
24enforcement agency, the State's Attorney, and the court upon a
25later arrest for the same or similar offense or for the purpose
26of sentencing for any subsequent felony. Upon conviction for

HB5597- 192 -LRB098 15874 AMC 50917 b
1any subsequent offense, the Department of Corrections shall
2have access to all expunged records of the Department
3pertaining to that individual. Upon entry of the order of
4expungement, the circuit court clerk shall promptly mail a copy
5of the order to the person who was granted the certificate of
6eligibility for expungement.
7 (f) Subject to available funding, the Illinois Department
8of Corrections shall conduct a study of the impact of sealing,
9especially on employment and recidivism rates, utilizing a
10random sample of those who apply for the sealing of their
11criminal records under Public Act 93-211. At the request of the
12Illinois Department of Corrections, records of the Illinois
13Department of Employment Security shall be utilized as
14appropriate to assist in the study. The study shall not
15disclose any data in a manner that would allow the
16identification of any particular individual or employing unit.
17The study shall be made available to the General Assembly no
18later than September 1, 2010.
19(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
2097-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
211-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
22eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
23eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
249-4-13.)
25 Section 110. The Governor's Office of Management and Budget

HB5597- 193 -LRB098 15874 AMC 50917 b
1Act is amended by changing Section 2.7 as follows:
2 (20 ILCS 3005/2.7)
3 Sec. 2.7. Securities information. To assist those entities
4underwriting securities that are payable from State
5appropriations, whether issued by the State or by others, by
6providing financial and other information regarding the State
7to securities investors, nationally recognized securities
8information repositories, or the federal Municipal Securities
9Rulemaking Board, and to any State information depository as
10required by the federal Securities and Exchange Act of 1934 and
11the rules promulgated thereunder. The Governor's Office of
12Management and Budget is the only State office authorized to
13provide such information.
14(Source: P.A. 93-25, eff. 6-20-03; revised 9-4-13.)
15 Section 115. The Capital Development Board Act is amended
16by changing Section 14 as follows:
17 (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
18 Sec. 14. (a) It is the purpose of this Act to provide for
19the promotion and preservation of the arts by securing suitable
20works of art for the adornment of public buildings constructed
21or subjected to major renovation by the State or which utilize
22State funds, and thereby reflecting the diverse cultural
23heritage of Illinois, with emphasis on the works of Illinois

HB5597- 194 -LRB098 15874 AMC 50917 b
1artists.
2 (b) As used in this Act, "works : "Works of art" shall apply
3to and include paintings, prints, sculptures, graphics, mural
4decorations, stained glass, statues, bas reliefs, ornaments,
5fountains, ornamental gateways, or other creative works which
6reflect form, beauty and aesthetic perceptions.
7 (c) Beginning with the fiscal year ending June 30, 1979,
8and for each succeeding fiscal year thereafter, for
9construction projects managed by the Capital Development
10Board, the Capital Development Board shall set aside 1/2 of 1
11percent of the amount authorized and appropriated for
12construction or reconstruction of each public building
13financed in whole or in part by State funds and generally
14accessible to and used by the public for purchase and placement
15of suitable works of art in such public buildings. The location
16and character of the work or works of art to be installed in
17such public buildings shall be determined by the Chairperson of
18the Illinois Arts Council, in consultation with the designing
19architect. The work or works of art shall be in a permanent and
20prominent location..
21 (d) There is created a Fine Arts Review Committee
22consisting of the designing architect, the Chairperson of the
23Illinois Arts Council or his or her designee, who shall serve
24as the chair of the Committee, the Director of the Illinois
25State Museum or his or her designee, and a representative of
26the using agency. The Committee, after such study as it deems

HB5597- 195 -LRB098 15874 AMC 50917 b
1necessary, shall recommend three artists or works of art in
2order of preference. The Chairperson of the Illinois Arts
3Council will make the final selection from among the
4recommendations submitted. The Illinois Arts Council shall
5provide administrative support for the Fine Arts Review
6Committee and may promulgate rules to implement this
7subsection.
8 (e) Subsection (c) does not apply to construction projects
9for which the amount appropriated is less than $1,000,000.
10 (f) The Capital Development Board shall enter into a
11contract with the artist, or with the owner of the work or
12works of art, selected by the Chairperson of the Illinois Arts
13Council as provided in subsection (d) of this Section. The
14total amount of the contract or contracts shall not exceed the
15amount set aside pursuant to subsection (c) of this Section. If
16the Capital Development Board cannot reach an agreement with
17the artist or owner of the work or works of art, then the Board
18shall notify the Chairperson of the Illinois Arts Council, and
19the Chairperson may select a different artist or work or works
20of art from the three recommendations made by the Fine Arts
21Review Committee.
22(Source: P.A. 98-572, eff. 1-1-14; revised 11-12-13.)
23 Section 120. The Illinois Emergency Management Agency Act
24is amended by changing Section 21 as follows:

HB5597- 196 -LRB098 15874 AMC 50917 b
1 (20 ILCS 3305/21) (from Ch. 127, par. 1071)
2 Sec. 21. No Private Liability.
3 (a) Any person owning or controlling real estate or other
4premises who voluntarily and without compensation grants a
5license or privilege, or otherwise permits the designation or
6use of the whole or any part or parts of such real estate or
7premises for the purpose of sheltering persons during an actual
8or impending disaster, or an a exercise together with his or
9her successors in interest, if any, shall not be civilly liable
10for negligently causing the death of, or injury to, any person
11on or about such real estate or premises under such license,
12privilege or other permission, or for negligently causing loss
13of, or damage to, the property of such person.
14 (b) Any private person, firm or corporation and employees
15and agents of such person, firm or corporation in the
16performance of a contract with, and under the direction of, the
17State, or any political subdivision of the State under the
18provisions of this Act shall not be civilly liable for causing
19the death of, or injury to, any person or damage to any
20property except in the event of willful misconduct.
21 (c) Any private person, firm or corporation, and any
22employee or agent of such person, firm or corporation, who
23renders assistance or advice at the request of the State, or
24any political subdivision of the State under this Act during an
25actual or impending disaster, shall not be civilly liable for
26causing the death of, or injury to, any person or damage to any

HB5597- 197 -LRB098 15874 AMC 50917 b
1property except in the event of willful misconduct.
2 The immunities provided in this subsection (c) shall not
3apply to any private person, firm or corporation, or to any
4employee or agent of such person, firm or corporation whose act
5or omission caused in whole or in part such actual or impending
6disaster and who would otherwise be liable therefor.
7(Source: P.A. 92-73, eff. 1-1-02; revised 10-7-13.)
8 Section 125. The Illinois Finance Authority Act is amended
9by changing Section 801-10 as follows:
10 (20 ILCS 3501/801-10)
11 Sec. 801-10. Definitions. The following terms, whenever
12used or referred to in this Act, shall have the following
13meanings, except in such instances where the context may
14clearly indicate otherwise:
15 (a) The term "Authority" means the Illinois Finance
16Authority created by this Act.
17 (b) The term "project" means an industrial project,
18conservation project, housing project, public purpose project,
19higher education project, health facility project, cultural
20institution project, municipal bond program project,
21agricultural facility or agribusiness, and "project" may
22include any combination of one or more of the foregoing
23undertaken jointly by any person with one or more other
24persons.

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1 (c) The term "public purpose project" means any project or
2facility, including without limitation land, buildings,
3structures, machinery, equipment and all other real and
4personal property, which is authorized or required by law to be
5acquired, constructed, improved, rehabilitated, reconstructed,
6replaced or maintained by any unit of government or any other
7lawful public purpose which is authorized or required by law to
8be undertaken by any unit of government.
9 (d) The term "industrial project" means the acquisition,
10construction, refurbishment, creation, development or
11redevelopment of any facility, equipment, machinery, real
12property or personal property for use by any instrumentality of
13the State or its political subdivisions, for use by any person
14or institution, public or private, for profit or not for
15profit, or for use in any trade or business, including, but not
16limited to, any industrial, manufacturing or commercial
17enterprise that is located within or outside the State,
18provided that, with respect to a project involving property
19located outside the State, the property must be owned,
20operated, leased or managed by an entity located within the
21State or an entity affiliated with an entity located within the
22State, and which is (1) a capital project, including, but not
23limited to: (i) land and any rights therein, one or more
24buildings, structures or other improvements, machinery and
25equipment, whether now existing or hereafter acquired, and
26whether or not located on the same site or sites; (ii) all

HB5597- 199 -LRB098 15874 AMC 50917 b
1appurtenances and facilities incidental to the foregoing,
2including, but not limited to, utilities, access roads,
3railroad sidings, track, docking and similar facilities,
4parking facilities, dockage, wharfage, railroad roadbed,
5track, trestle, depot, terminal, switching and signaling or
6related equipment, site preparation and landscaping; and (iii)
7all non-capital costs and expenses relating thereto or (2) any
8addition to, renovation, rehabilitation or improvement of a
9capital project or (3) any activity or undertaking within or
10outside the State, provided that, with respect to a project
11involving property located outside the State, the property must
12be owned, operated, leased or managed by an entity located
13within the State or an entity affiliated with an entity located
14within the State, which the Authority determines will aid,
15assist or encourage economic growth, development or
16redevelopment within the State or any area thereof, will
17promote the expansion, retention or diversification of
18employment opportunities within the State or any area thereof
19or will aid in stabilizing or developing any industry or
20economic sector of the State economy. The term "industrial
21project" also means the production of motion pictures.
22 (e) The term "bond" or "bonds" shall include bonds, notes
23(including bond, grant or revenue anticipation notes),
24certificates and/or other evidences of indebtedness
25representing an obligation to pay money, including refunding
26bonds.

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1 (f) The terms "lease agreement" and "loan agreement" shall
2mean: (i) an agreement whereby a project acquired by the
3Authority by purchase, gift or lease is leased to any person,
4corporation or unit of local government which will use or cause
5the project to be used as a project as heretofore defined upon
6terms providing for lease rental payments at least sufficient
7to pay when due all principal of, interest and premium, if any,
8on any bonds of the Authority issued with respect to such
9project, providing for the maintenance, insuring and operation
10of the project on terms satisfactory to the Authority,
11providing for disposition of the project upon termination of
12the lease term, including purchase options or abandonment of
13the premises, and such other terms as may be deemed desirable
14by the Authority, or (ii) any agreement pursuant to which the
15Authority agrees to loan the proceeds of its bonds issued with
16respect to a project or other funds of the Authority to any
17person which will use or cause the project to be used as a
18project as heretofore defined upon terms providing for loan
19repayment installments at least sufficient to pay when due all
20principal of, interest and premium, if any, on any bonds of the
21Authority, if any, issued with respect to the project, and
22providing for maintenance, insurance and other matters as may
23be deemed desirable by the Authority.
24 (g) The term "financial aid" means the expenditure of
25Authority funds or funds provided by the Authority through the
26issuance of its bonds, notes or other evidences of indebtedness

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1or from other sources for the development, construction,
2acquisition or improvement of a project.
3 (h) The term "person" means an individual, corporation,
4unit of government, business trust, estate, trust, partnership
5or association, 2 or more persons having a joint or common
6interest, or any other legal entity.
7 (i) The term "unit of government" means the federal
8government, the State or unit of local government, a school
9district, or any agency or instrumentality, office, officer,
10department, division, bureau, commission, college or
11university thereof.
12 (j) The term "health facility" means: (a) any public or
13private institution, place, building, or agency required to be
14licensed under the Hospital Licensing Act; (b) any public or
15private institution, place, building, or agency required to be
16licensed under the Nursing Home Care Act, the Specialized
17Mental Health Rehabilitation Act of 2013, or the ID/DD
18Community Care Act; (c) any public or licensed private hospital
19as defined in the Mental Health and Developmental Disabilities
20Code; (d) any such facility exempted from such licensure when
21the Director of Public Health attests that such exempted
22facility meets the statutory definition of a facility subject
23to licensure; (e) any other public or private health service
24institution, place, building, or agency which the Director of
25Public Health attests is subject to certification by the
26Secretary, U.S. Department of Health and Human Services under

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1the Social Security Act, as now or hereafter amended, or which
2the Director of Public Health attests is subject to
3standard-setting by a recognized public or voluntary
4accrediting or standard-setting agency; (f) any public or
5private institution, place, building or agency engaged in
6providing one or more supporting services to a health facility;
7(g) any public or private institution, place, building or
8agency engaged in providing training in the healing arts,
9including, but not limited to, schools of medicine, dentistry,
10osteopathy, optometry, podiatry, pharmacy or nursing, schools
11for the training of x-ray, laboratory or other health care
12technicians and schools for the training of para-professionals
13in the health care field; (h) any public or private congregate,
14life or extended care or elderly housing facility or any public
15or private home for the aged or infirm, including, without
16limitation, any Facility as defined in the Life Care Facilities
17Act; (i) any public or private mental, emotional or physical
18rehabilitation facility or any public or private educational,
19counseling, or rehabilitation facility or home, for those
20persons with a developmental disability, those who are
21physically ill or disabled, the emotionally disturbed, those
22persons with a mental illness or persons with learning or
23similar disabilities or problems; (j) any public or private
24alcohol, drug or substance abuse diagnosis, counseling
25treatment or rehabilitation facility, (k) any public or private
26institution, place, building or agency licensed by the

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1Department of Children and Family Services or which is not so
2licensed but which the Director of Children and Family Services
3attests provides child care, child welfare or other services of
4the type provided by facilities subject to such licensure; (l)
5any public or private adoption agency or facility; and (m) any
6public or private blood bank or blood center. "Health facility"
7also means a public or private structure or structures suitable
8primarily for use as a laboratory, laundry, nurses or interns
9residence or other housing or hotel facility used in whole or
10in part for staff, employees or students and their families,
11patients or relatives of patients admitted for treatment or
12care in a health facility, or persons conducting business with
13a health facility, physician's facility, surgicenter,
14administration building, research facility, maintenance,
15storage or utility facility and all structures or facilities
16related to any of the foregoing or required or useful for the
17operation of a health facility, including parking or other
18facilities or other supporting service structures required or
19useful for the orderly conduct of such health facility. "Health
20facility" also means, with respect to a project located outside
21the State, any public or private institution, place, building,
22or agency which provides services similar to those described
23above, provided that such project is owned, operated, leased or
24managed by a participating health institution located within
25the State, or a participating health institution affiliated
26with an entity located within the State.

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1 (k) The term "participating health institution" means (i) a
2private corporation or association or (ii) a public entity of
3this State, in either case authorized by the laws of this State
4or the applicable state to provide or operate a health facility
5as defined in this Act and which, pursuant to the provisions of
6this Act, undertakes the financing, construction or
7acquisition of a project or undertakes the refunding or
8refinancing of obligations, loans, indebtedness or advances as
9provided in this Act.
10 (l) The term "health facility project", means a specific
11health facility work or improvement to be financed or
12refinanced (including without limitation through reimbursement
13of prior expenditures), acquired, constructed, enlarged,
14remodeled, renovated, improved, furnished, or equipped, with
15funds provided in whole or in part hereunder, any accounts
16receivable, working capital, liability or insurance cost or
17operating expense financing or refinancing program of a health
18facility with or involving funds provided in whole or in part
19hereunder, or any combination thereof.
20 (m) The term "bond resolution" means the resolution or
21resolutions authorizing the issuance of, or providing terms and
22conditions related to, bonds issued under this Act and
23includes, where appropriate, any trust agreement, trust
24indenture, indenture of mortgage or deed of trust providing
25terms and conditions for such bonds.
26 (n) The term "property" means any real, personal or mixed

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1property, whether tangible or intangible, or any interest
2therein, including, without limitation, any real estate,
3leasehold interests, appurtenances, buildings, easements,
4equipment, furnishings, furniture, improvements, machinery,
5rights of way, structures, accounts, contract rights or any
6interest therein.
7 (o) The term "revenues" means, with respect to any project,
8the rents, fees, charges, interest, principal repayments,
9collections and other income or profit derived therefrom.
10 (p) The term "higher education project" means, in the case
11of a private institution of higher education, an educational
12facility to be acquired, constructed, enlarged, remodeled,
13renovated, improved, furnished, or equipped, or any
14combination thereof.
15 (q) The term "cultural institution project" means, in the
16case of a cultural institution, a cultural facility to be
17acquired, constructed, enlarged, remodeled, renovated,
18improved, furnished, or equipped, or any combination thereof.
19 (r) The term "educational facility" means any property
20located within the State, or any property located outside the
21State, provided that, if the property is located outside the
22State, it must be owned, operated, leased or managed by an
23entity located within the State or an entity affiliated with an
24entity located within the State, in each case constructed or
25acquired before or after the effective date of this Act, which
26is or will be, in whole or in part, suitable for the

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1instruction, feeding, recreation or housing of students, the
2conducting of research or other work of a private institution
3of higher education, the use by a private institution of higher
4education in connection with any educational, research or
5related or incidental activities then being or to be conducted
6by it, or any combination of the foregoing, including, without
7limitation, any such property suitable for use as or in
8connection with any one or more of the following: an academic
9facility, administrative facility, agricultural facility,
10assembly hall, athletic facility, auditorium, boating
11facility, campus, communication facility, computer facility,
12continuing education facility, classroom, dining hall,
13dormitory, exhibition hall, fire fighting facility, fire
14prevention facility, food service and preparation facility,
15gymnasium, greenhouse, health care facility, hospital,
16housing, instructional facility, laboratory, library,
17maintenance facility, medical facility, museum, offices,
18parking area, physical education facility, recreational
19facility, research facility, stadium, storage facility,
20student union, study facility, theatre or utility.
21 (s) The term "cultural facility" means any property located
22within the State, or any property located outside the State,
23provided that, if the property is located outside the State, it
24must be owned, operated, leased or managed by an entity located
25within the State or an entity affiliated with an entity located
26within the State, in each case constructed or acquired before

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1or after the effective date of this Act, which is or will be,
2in whole or in part, suitable for the particular purposes or
3needs of a cultural institution, including, without
4limitation, any such property suitable for use as or in
5connection with any one or more of the following: an
6administrative facility, aquarium, assembly hall, auditorium,
7botanical garden, exhibition hall, gallery, greenhouse,
8library, museum, scientific laboratory, theater or zoological
9facility, and shall also include, without limitation, books,
10works of art or music, animal, plant or aquatic life or other
11items for display, exhibition or performance. The term
12"cultural facility" includes buildings on the National
13Register of Historic Places which are owned or operated by
14nonprofit entities.
15 (t) "Private institution of higher education" means a
16not-for-profit educational institution which is not owned by
17the State or any political subdivision, agency,
18instrumentality, district or municipality thereof, which is
19authorized by law to provide a program of education beyond the
20high school level and which:
21 (1) Admits as regular students only individuals having
22 a certificate of graduation from a high school, or the
23 recognized equivalent of such a certificate;
24 (2) Provides an educational program for which it awards
25 a bachelor's degree, or provides an educational program,
26 admission into which is conditioned upon the prior

HB5597- 208 -LRB098 15874 AMC 50917 b
1 attainment of a bachelor's degree or its equivalent, for
2 which it awards a postgraduate degree, or provides not less
3 than a 2-year program which is acceptable for full credit
4 toward such a degree, or offers a 2-year program in
5 engineering, mathematics, or the physical or biological
6 sciences which is designed to prepare the student to work
7 as a technician and at a semiprofessional level in
8 engineering, scientific, or other technological fields
9 which require the understanding and application of basic
10 engineering, scientific, or mathematical principles or
11 knowledge;
12 (3) Is accredited by a nationally recognized
13 accrediting agency or association or, if not so accredited,
14 is an institution whose credits are accepted, on transfer,
15 by not less than 3 institutions which are so accredited,
16 for credit on the same basis as if transferred from an
17 institution so accredited, and holds an unrevoked
18 certificate of approval under the Private College Act from
19 the Board of Higher Education, or is qualified as a "degree
20 granting institution" under the Academic Degree Act; and
21 (4) Does not discriminate in the admission of students
22 on the basis of race or color. "Private institution of
23 higher education" also includes any "academic
24 institution".
25 (u) The term "academic institution" means any
26not-for-profit institution which is not owned by the State or

HB5597- 209 -LRB098 15874 AMC 50917 b
1any political subdivision, agency, instrumentality, district
2or municipality thereof, which institution engages in, or
3facilitates academic, scientific, educational or professional
4research or learning in a field or fields of study taught at a
5private institution of higher education. Academic institutions
6include, without limitation, libraries, archives, academic,
7scientific, educational or professional societies,
8institutions, associations or foundations having such
9purposes.
10 (v) The term "cultural institution" means any
11not-for-profit institution which is not owned by the State or
12any political subdivision, agency, instrumentality, district
13or municipality thereof, which institution engages in the
14cultural, intellectual, scientific, educational or artistic
15enrichment of the people of the State. Cultural institutions
16include, without limitation, aquaria, botanical societies,
17historical societies, libraries, museums, performing arts
18associations or societies, scientific societies and zoological
19societies.
20 (w) The term "affiliate" means, with respect to financing
21of an agricultural facility or an agribusiness, any lender, any
22person, firm or corporation controlled by, or under common
23control with, such lender, and any person, firm or corporation
24controlling such lender.
25 (x) The term "agricultural facility" means land, any
26building or other improvement thereon or thereto, and any

HB5597- 210 -LRB098 15874 AMC 50917 b
1personal properties deemed necessary or suitable for use,
2whether or not now in existence, in farming, ranching, the
3production of agricultural commodities (including, without
4limitation, the products of aquaculture, hydroponics and
5silviculture) or the treating, processing or storing of such
6agricultural commodities when such activities are customarily
7engaged in by farmers as a part of farming and which land,
8building, improvement or personal property is located within
9the State, or is located outside the State, provided, that, if
10such property is located outside the State, it must be owned,
11operated, leased, or managed by an entity located within the
12State or an entity affiliated with an entity located within the
13State.
14 (y) The term "lender" with respect to financing of an
15agricultural facility or an agribusiness, means any federal or
16State chartered bank, Federal Land Bank, Production Credit
17Association, Bank for Cooperatives, federal or State chartered
18savings and loan association or building and loan association,
19Small Business Investment Company or any other institution
20qualified within this State to originate and service loans,
21including, but without limitation to, insurance companies,
22credit unions and mortgage loan companies. "Lender" also means
23a wholly owned subsidiary of a manufacturer, seller or
24distributor of goods or services that makes loans to businesses
25or individuals, commonly known as a "captive finance company".
26 (z) The term "agribusiness" means any sole proprietorship,

HB5597- 211 -LRB098 15874 AMC 50917 b
1limited partnership, co-partnership, joint venture,
2corporation or cooperative which operates or will operate a
3facility located within the State or outside the State,
4provided, that, if any facility is located outside the State,
5it must be owned, operated, leased, or managed by an entity
6located within the State or an entity affiliated with an entity
7located within the State, that is related to the processing of
8agricultural commodities (including, without limitation, the
9products of aquaculture, hydroponics and silviculture) or the
10manufacturing, production or construction of agricultural
11buildings, structures, equipment, implements, and supplies, or
12any other facilities or processes used in agricultural
13production. Agribusiness includes but is not limited to the
14following:
15 (1) grain handling and processing, including grain
16 storage, drying, treatment, conditioning, mailing and
17 packaging;
18 (2) seed and feed grain development and processing;
19 (3) fruit and vegetable processing, including
20 preparation, canning and packaging;
21 (4) processing of livestock and livestock products,
22 dairy products, poultry and poultry products, fish or
23 apiarian products, including slaughter, shearing,
24 collecting, preparation, canning and packaging;
25 (5) fertilizer and agricultural chemical
26 manufacturing, processing, application and supplying;

HB5597- 212 -LRB098 15874 AMC 50917 b
1 (6) farm machinery, equipment and implement
2 manufacturing and supplying;
3 (7) manufacturing and supplying of agricultural
4 commodity processing machinery and equipment, including
5 machinery and equipment used in slaughter, treatment,
6 handling, collecting, preparation, canning or packaging of
7 agricultural commodities;
8 (8) farm building and farm structure manufacturing,
9 construction and supplying;
10 (9) construction, manufacturing, implementation,
11 supplying or servicing of irrigation, drainage and soil and
12 water conservation devices or equipment;
13 (10) fuel processing and development facilities that
14 produce fuel from agricultural commodities or byproducts;
15 (11) facilities and equipment for processing and
16 packaging agricultural commodities specifically for
17 export;
18 (12) facilities and equipment for forestry product
19 processing and supplying, including sawmilling operations,
20 wood chip operations, timber harvesting operations, and
21 manufacturing of prefabricated buildings, paper, furniture
22 or other goods from forestry products;
23 (13) facilities and equipment for research and
24 development of products, processes and equipment for the
25 production, processing, preparation or packaging of
26 agricultural commodities and byproducts.

HB5597- 213 -LRB098 15874 AMC 50917 b
1 (aa) The term "asset" with respect to financing of any
2agricultural facility or any agribusiness, means, but is not
3limited to the following: cash crops or feed on hand; livestock
4held for sale; breeding stock; marketable bonds and securities;
5securities not readily marketable; accounts receivable; notes
6receivable; cash invested in growing crops; net cash value of
7life insurance; machinery and equipment; cars and trucks; farm
8and other real estate including life estates and personal
9residence; value of beneficial interests in trusts; government
10payments or grants; and any other assets.
11 (bb) The term "liability" with respect to financing of any
12agricultural facility or any agribusiness shall include, but
13not be limited to the following: accounts payable; notes or
14other indebtedness owed to any source; taxes; rent; amounts
15owed on real estate contracts or real estate mortgages;
16judgments; accrued interest payable; and any other liability.
17 (cc) The term "Predecessor Authorities" means those
18authorities as described in Section 845-75.
19 (dd) The term "housing project" means a specific work or
20improvement located within the State or outside the State and
21undertaken to provide residential dwelling accommodations,
22including the acquisition, construction or rehabilitation of
23lands, buildings and community facilities and in connection
24therewith to provide nonhousing facilities which are part of
25the housing project, including land, buildings, improvements,
26equipment and all ancillary facilities for use for offices,

HB5597- 214 -LRB098 15874 AMC 50917 b
1stores, retirement homes, hotels, financial institutions,
2service, health care, education, recreation or research
3establishments, or any other commercial purpose which are or
4are to be related to a housing development, provided that any
5work or improvement located outside the State is owned,
6operated, leased or managed by an entity located within the
7State, or any entity affiliated with an entity located within
8the State.
9 (ee) The term "conservation project" means any project
10including the acquisition, construction, rehabilitation,
11maintenance, operation, or upgrade that is intended to create
12or expand open space or to reduce energy usage through
13efficiency measures. For the purpose of this definition, "open
14space" has the definition set forth under Section 10 of the
15Illinois Open Land Trust Act.
16 (ff) The term "significant presence" means the existence
17within the State of the national or regional headquarters of an
18entity or group or such other facility of an entity or group of
19entities where a significant amount of the business functions
20are performed for such entity or group of entities.
21 (gg) The term "municipal bond issuer" means the State or
22any other state or commonwealth of the United States, or any
23unit of local government, school district, agency or
24instrumentality, office, department, division, bureau,
25commission, college or university thereof located in the State
26or any other state or commonwealth of the United States.

HB5597- 215 -LRB098 15874 AMC 50917 b
1 (hh) The term "municipal bond program project" means a
2program for the funding of the purchase of bonds, notes or
3other obligations issued by or on behalf of a municipal bond
4issuer.
5(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
6eff. 7-13-12; 98-90, eff. 7-15-13; 98-104, eff. 7-22-13;
7revised 8-9-13.)
8 Section 130. The Illinois Power Agency Act is amended by
9changing Sections 1-57 and 1-92 as follows:
10 (20 ILCS 3855/1-57)
11 Sec. 1-57. Facility financing.
12 (a) The Agency shall have the power (1) to borrow from the
13Authority, through one or more Agency loan agreements, the net
14proceeds of revenue bonds for costs incurred in connection with
15the development and construction of a facility, provided that
16the stated maturity date of any of those revenue bonds shall
17not exceed 40 years from their respective issuance dates, (2)
18to accept prepayments from purchasers of electric energy from a
19project and to apply the same to costs incurred in connection
20with the development and construction of a facility, subject to
21any obligation to refund the same under the circumstances
22specified in the purchasers' contract for the purchase and sale
23of electric energy from that project, (3) to enter into leases
24or similar arrangements to finance the property constituting a

HB5597- 216 -LRB098 15874 AMC 50917 b
1part of a project and associated costs incurred in connection
2with the development and construction of a facility, provided
3that the term of any such lease or similar arrangement shall
4not exceed 40 years from its inception, and (4) to enter into
5agreements for the sale of revenue bonds that bear interest at
6a rate or rates not exceeding the maximum rate permitted by the
7Bond Authorization Act. All Agency loan agreements shall
8include terms making the obligations thereunder subject to
9redemption before maturity.
10 (b) The Agency may from time to time engage the services of
11the Authority, attorneys, appraisers, architects, engineers,
12accountants, credit analysts, bond underwriters, bond
13trustees, credit enhancement providers, and other financial
14professionals and consultants, if the Agency deems it
15advisable.
16 (c) The Agency may pledge, as security for the payment of
17its revenue bonds in respect of a project, (1) revenues derived
18from the operation of the project in part or whole, (2) the
19real and personal property, machinery, equipment, structures,
20fixtures, and inventories directly associated with the
21project, (3) grants or other revenues or taxes expected to be
22received by the Agency directly linked to the project, (4)
23payments to be made by another governmental unit or other
24entity pursuant to a service, user, or other similar agreement
25with that governmental unit or other entity that is a result of
26the project, (5) any other revenues or moneys deposited or to

HB5597- 217 -LRB098 15874 AMC 50917 b
1be deposited directly linked to the project, (6) all design,
2engineering, procurement, construction, installation,
3management, and operation agreements associated with the
4project, (7) any reserve or debt service funds created under
5the agreements governing the indebtedness, (8) the Illinois
6Power Agency Facilities Fund or the Illinois Power Agency Debt
7Service Fund, or (9) any combination thereof. Any such pledge
8shall be authorized in a writing, signed by the Director of the
9Agency, and then signed by the Governor of Illinois. At no time
10shall the funds contained in the Illinois Power Agency Trust
11Fund be pledged or used in any way to pay for the indebtedness
12of the Agency. The Director shall not authorize the issuance or
13grant of any pledge until he or she has certified that any
14associated project is in full compliance with Sections 1-85 and
151-86 of this Act. The certification shall be duly attached or
16referenced in the agreements reflecting the pledge. Any such
17pledge made by the Agency shall be valid and binding from the
18time the pledge is made. The revenues, property, or funds that
19are pledged and thereafter received by the Agency shall
20immediately be subject to the lien of the pledge without any
21physical delivery thereof or further act; and, subject only to
22the provisions of prior liens, the lien of the pledge shall be
23valid and binding as against all parties having claims of any
24kind in tort, contract, or otherwise against the Agency
25irrespective of whether the parties have notice thereof. All
26bonds issued on behalf of the Agency must be issued by the

HB5597- 218 -LRB098 15874 AMC 50917 b
1Authority and must be revenue bonds. These revenue bonds may be
2taxable or tax-exempt.
3 (d) All indebtedness issued by or on behalf of the Agency,
4including, without limitation, any revenue bonds issued by the
5Authority on behalf of the Agency, shall not be a debt of the
6State, the Authority, any political subdivision thereof (other
7than the Agency to the extent provided in agreements governing
8the indebtedness), any local government, any governmental
9aggregator as defined in the this Act, or any local government,
10and none of the State, the Authority, any political subdivision
11thereof (other than the Agency to the extent provided in
12agreements governing the indebtedness), any local government,
13or any government aggregator shall be liable thereon. Neither
14the Authority nor the Agency shall have the power to pledge the
15credit, the revenues, or the taxing power of the State, any
16political subdivision thereof (other than the Agency), any
17governmental aggregator, or of any local government, and
18neither the credit, the revenues, nor the taxing power of the
19State, any political subdivision thereof (other than the
20Agency), any governmental aggregator, or any local government
21shall be, or shall be deemed to be, pledged to the payment of
22any revenue bonds, notes, or other obligations of the Agency.
23In addition, the agreements governing any issue of indebtedness
24shall provide that all holders of that indebtedness, by virtue
25of their acquisition thereof, have agreed to waive and release
26all claims and causes of action against the State of Illinois

HB5597- 219 -LRB098 15874 AMC 50917 b
1in respect of the indebtedness or any project associated
2therewith based on any theory of law. However, the waiver shall
3not prohibit the holders of indebtedness issued on behalf of
4the Agency from filing any cause of action against or
5recovering damages from the Agency, recovering from any
6property or funds pledged to secure the indebtedness, or
7recovering from any property or funds to which the Agency holds
8title, provided the property or funds are directly associated
9with the project for which the indebtedness was specifically
10issued. Each evidence of indebtedness of the Agency, including
11the revenue bonds issued by the Authority on behalf of the
12Agency, shall contain a clear and explicit statement of the
13provisions of this Section.
14 (e) The Agency may from time to time enter into an
15agreement or agreements to defease indebtedness issued on its
16behalf or to refund, at maturity, at a redemption date or in
17advance of either, any indebtedness issued on its behalf or
18pursuant to redemption provisions or at any time before
19maturity. All such refunding indebtedness shall be subject to
20the requirements set forth in subsections (a), (c), and (d) of
21this Section. No revenue bonds issued to refund or advance
22refund revenue bonds issued under this Section may mature later
23than the longest maturity date of the series of bonds being
24refunded. After the aggregate original principal amount of
25revenue bonds authorized in this Section has been issued, the
26payment of any principal amount of those revenue bonds does not

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1authorize the issuance of additional revenue bonds (except
2refunding revenue bonds).
3 (f) If the Agency fails to pay the principal of, interest,
4or premium, if any, on any indebtedness as the same becomes
5due, a civil action to compel payment may be instituted in the
6appropriate circuit court by the holder or holders of the
7indebtedness on which the default of payment exists or by any
8administrative agent, collateral agent, or indenture trustee
9acting on behalf of those holders. Delivery of a summons and a
10copy of the complaint to the Director of the Agency shall
11constitute sufficient service to give the circuit court
12jurisdiction over the subject matter of the suit and
13jurisdiction over the Agency and its officers named as
14defendants for the purpose of compelling that payment. Any
15case, controversy, or cause of action concerning the validity
16of this Act shall relate to the revenue of the Agency. Any such
17claims and related proceedings are subject in all respects to
18the provisions of subsection (d) of this Section. The State of
19Illinois shall not be liable or in any other way financially
20responsible for any indebtedness issued by or on behalf of the
21Agency or the performance or non-performance of any covenants
22associated with any such indebtedness. The foregoing statement
23shall not prohibit the holders of any indebtedness issued on
24behalf of the Agency from filing any cause of action against or
25recovering damages from the Agency recovering from any property
26pledged to secure that indebtedness or recovering from any

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1property or funds to which the Agency holds title provided such
2property or funds are directly associated with the project for
3which the indebtedness is specifically issued.
4 (g) Upon each delivery of the revenue bonds authorized to
5be issued by the Authority under this Act, the Agency shall
6compute and certify to the State Comptroller the total amount
7of principal of and interest on the Agency loan agreement
8supporting the revenue bonds issued that will be payable in
9order to retire those revenue bonds and the amount of principal
10of and interest on the Agency loan agreement that will be
11payable on each payment date during the then current and each
12succeeding fiscal year. As soon as possible after the first day
13of each month, beginning on the date set forth in the Agency
14loan agreement where that date specifies when the Agency shall
15begin setting aside revenues and other moneys for repayment of
16the revenue bonds per the agreed to schedule, the Agency shall
17certify to the Comptroller and the Comptroller shall order
18transferred and the Treasurer shall transfer from the Illinois
19Power Agency Facilities Fund to the Illinois Power Agency Debt
20Service Fund for each month remaining in the State fiscal year
21a sum of money, appropriated for that purpose, equal to the
22result of the amount of principal of and interest on those
23revenue bonds payable on the next payment date divided by the
24number of full calendar months between the date of those
25revenue bonds, and the first such payment date, and thereafter
26divided by the number of months between each succeeding payment

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1date after the first. The Comptroller is authorized and
2directed to draw warrants on the State Treasurer from the
3Illinois Power Agency Facilities Fund and the Illinois Power
4Agency Debt Service Fund for the amount of all payments of
5principal and interest on the Agency loan agreement relating to
6the Authority revenue bonds issued under this Act. The State
7Treasurer or the State Comptroller shall deposit or cause to be
8deposited any amount of grants or other revenues expected to be
9received by the Agency that the Agency has pledged to the
10payment of revenue bonds directly into the Illinois Power
11Agency Debt Service Fund.
12(Source: P.A. 95-481, eff. 8-28-07; revised 9-12-13.)
13 (20 ILCS 3855/1-92)
14 Sec. 1-92. Aggregation of electrical load by
15municipalities, townships, and counties.
16 (a) The corporate authorities of a municipality, township
17board, or county board of a county may adopt an ordinance under
18which it may aggregate in accordance with this Section
19residential and small commercial retail electrical loads
20located, respectively, within the municipality, the township,
21or the unincorporated areas of the county and, for that
22purpose, may solicit bids and enter into service agreements to
23facilitate for those loads the sale and purchase of electricity
24and related services and equipment.
25 The corporate authorities, township board, or county board

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1may also exercise such authority jointly with any other
2municipality, township, or county. Two or more municipalities,
3townships, or counties, or a combination of both, may initiate
4a process jointly to authorize aggregation by a majority vote
5of each particular municipality, township, or county as
6required by this Section.
7 If the corporate authorities, township board, or the county
8board seek to operate the aggregation program as an opt-out
9program for residential and small commercial retail customers,
10then prior to the adoption of an ordinance with respect to
11aggregation of residential and small commercial retail
12electric loads, the corporate authorities of a municipality,
13the township board, or the county board of a county shall
14submit a referendum to its residents to determine whether or
15not the aggregation program shall operate as an opt-out program
16for residential and small commercial retail customers. Any
17county board that seeks to submit such a referendum to its
18residents shall do so only in unincorporated areas of the
19county where no electric aggregation ordinance has been
20adopted.
21 In addition to the notice and conduct requirements of the
22general election law, notice of the referendum shall state
23briefly the purpose of the referendum. The question of whether
24the corporate authorities, the township board, or the county
25board shall adopt an opt-out aggregation program for
26residential and small commercial retail customers shall be

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1submitted to the electors of the municipality, township board,
2or county board at a regular election and approved by a
3majority of the electors voting on the question. The corporate
4authorities, township board, or county board must certify to
5the proper election authority, which must submit the question
6at an election in accordance with the Election Code.
7 The election authority must submit the question in
8substantially the following form:
9 Shall the (municipality, township, or county in which
10 the question is being voted upon) have the authority to
11 arrange for the supply of electricity for its residential
12 and small commercial retail customers who have not opted
13 out of such program?
14The election authority must record the votes as "Yes" or "No".
15 If a majority of the electors voting on the question vote
16in the affirmative, then the corporate authorities, township
17board, or county board may implement an opt-out aggregation
18program for residential and small commercial retail customers.
19 A referendum must pass in each particular municipality,
20township, or county that is engaged in the aggregation program.
21If the referendum fails, then the corporate authorities,
22township board, or county board shall operate the aggregation
23program as an opt-in program for residential and small
24commercial retail customers.
25 An ordinance under this Section shall specify whether the
26aggregation will occur only with the prior consent of each

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1person owning, occupying, controlling, or using an electric
2load center proposed to be aggregated. Nothing in this Section,
3however, authorizes the aggregation of electric loads that are
4served or authorized to be served by an electric cooperative as
5defined by and pursuant to the Electric Supplier Act or loads
6served by a municipality that owns and operates its own
7electric distribution system. No aggregation shall take effect
8unless approved by a majority of the members of the corporate
9authority, township board, or county board voting upon the
10ordinance.
11 A governmental aggregator under this Section is not a
12public utility or an alternative retail electric supplier.
13 For purposes of this Section, "township" means the portion
14of a township that is an unincorporated portion of a county
15that is not otherwise a part of a municipality. In addition to
16such other limitations as are included in this Section, a
17township board shall only have authority to aggregate
18residential and small commercial customer loads in accordance
19with this Section if the county board of the county in which
20the township is located (i) is not also submitting a referendum
21to its residents at the same general election that the township
22board proposes to submit a referendum under this subsection
23(a), (ii) has not received authorization through passage of a
24referendum to operate an opt-out aggregation program for
25residential and small commercial retail customers under this
26subsection (a), and (iii) has not otherwise enacted an

HB5597- 226 -LRB098 15874 AMC 50917 b
1ordinance under this subsection (a) authorizing the operation
2of an opt-in aggregation program for residential and small
3commercial retail customers as described in this Section.
4 (b) Upon the applicable requisite authority under this
5Section, the corporate authorities, the township board, or the
6county board, with assistance from the Illinois Power Agency,
7shall develop a plan of operation and governance for the
8aggregation program so authorized. Before adopting a plan under
9this Section, the corporate authorities, township board, or
10county board shall hold at least 2 public hearings on the plan.
11Before the first hearing, the corporate authorities, township
12board, or county board shall publish notice of the hearings
13once a week for 2 consecutive weeks in a newspaper of general
14circulation in the jurisdiction. The notice shall summarize the
15plan and state the date, time, and location of each hearing.
16Any load aggregation plan established pursuant to this Section
17shall:
18 (1) provide for universal access to all applicable
19 residential customers and equitable treatment of
20 applicable residential customers;
21 (2) describe demand management and energy efficiency
22 services to be provided to each class of customers; and
23 (3) meet any requirements established by law
24 concerning aggregated service offered pursuant to this
25 Section.
26 (c) The process for soliciting bids for electricity and

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1other related services and awarding proposed agreements for the
2purchase of electricity and other related services shall be
3conducted in the following order:
4 (1) The corporate authorities, township board, or
5 county board may solicit bids for electricity and other
6 related services. The bid specifications may include a
7 provision requiring the bidder to disclose the fuel type of
8 electricity to be procured or generated on behalf of the
9 aggregation program customers. The corporate authorities,
10 township board, or county board may consider the proposed
11 source of electricity to be procured or generated to be put
12 into the grid on behalf of aggregation program customers in
13 the competitive bidding process. The Agency and Commission
14 may collaborate to issue joint guidance on voluntary
15 uniform standards for bidder disclosures of the source of
16 electricity to be procured or generated to be put into the
17 grid on behalf of aggregation program customers.
18 (1.5) A township board shall request from the electric
19 utility those residential and small commercial customers
20 within their aggregate area either by zip code or zip codes
21 or other means as determined by the electric utility. The
22 electric utility shall then provide to the township board
23 the residential and small commercial customers, including
24 the names and addresses of residential and small commercial
25 customers, electronically. The township board shall be
26 responsible for authenticating the residential and small

HB5597- 228 -LRB098 15874 AMC 50917 b
1 commercial customers contained in this listing and
2 providing edits of the data to affirm, add, or delete the
3 residential and small commercial customers located within
4 its jurisdiction. The township board shall provide the
5 edited list to the electric utility in an electronic format
6 or other means selected by the electric utility and certify
7 that the information is accurate.
8 (2) Notwithstanding Section 16-122 of the Public
9 Utilities Act and Section 2HH of the Consumer Fraud and
10 Deceptive Business Practices Act, an electric utility that
11 provides residential and small commercial retail electric
12 service in the aggregate area must, upon request of the
13 corporate authorities, township board, or the county board
14 in the aggregate area, submit to the requesting party, in
15 an electronic format, those account numbers, names, and
16 addresses of residential and small commercial retail
17 customers in the aggregate area that are reflected in the
18 electric utility's records at the time of the request;
19 provided, however, that any township board has first
20 provided an accurate customer list to the electric utility
21 as provided for herein.
22 Any corporate authority, township board, or county board
23receiving customer information from an electric utility shall
24be subject to the limitations on the disclosure of the
25information described in Section 16-122 of the Public Utilities
26Act and Section 2HH of the Consumer Fraud and Deceptive

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1Business Practices Act, and an electric utility shall not be
2held liable for any claims arising out of the provision of
3information pursuant to this item (2).
4 (d) If the corporate authorities, township board, or county
5board operate under an opt-in program for residential and small
6commercial retail customers, then the corporate authorities,
7township board, or county board shall comply with all of the
8following:
9 (1) Within 60 days after receiving the bids, the
10 corporate authorities, township board, or county board
11 shall allow residential and small commercial retail
12 customers to commit to the terms and conditions of a bid
13 that has been selected by the corporate authorities,
14 township board, or county board.
15 (2) If (A) the corporate authorities, township board,
16 or county board award proposed agreements for the purchase
17 of electricity and other related services and (B) an
18 agreement is reached between the corporate authorities,
19 township board, or county board for those services, then
20 customers committed to the terms and conditions according
21 to item (1) of this subsection (d) shall be committed to
22 the agreement.
23 (e) If the corporate authorities, township board, or county
24board operate as an opt-out program for residential and small
25commercial retail customers, then it shall be the duty of the
26aggregated entity to fully inform residential and small

HB5597- 230 -LRB098 15874 AMC 50917 b
1commercial retail customers in advance that they have the right
2to opt out of the aggregation program. The disclosure shall
3prominently state all charges to be made and shall include full
4disclosure of the cost to obtain service pursuant to Section
516-103 of the Public Utilities Act, how to access it, and the
6fact that it is available to them without penalty, if they are
7currently receiving service under that Section. The Illinois
8Power Agency shall furnish, without charge, to any citizen a
9list of all supply options available to them in a format that
10allows comparison of prices and products.
11 (f) Any person or entity retained by a municipality or
12county, or jointly by more than one such unit of local
13government, to provide input, guidance, or advice in the
14selection of an electricity supplier for an aggregation program
15shall disclose in writing to the involved units of local
16government the nature of any relationship through which the
17person or entity may receive, either directly or indirectly,
18commissions or other remuneration as a result of the selection
19of any particular electricity supplier. The written disclosure
20must be made prior to formal approval by the involved units of
21local government of any professional services agreement with
22the person or entity, or no later than October 1, 2012 with
23respect to any such professional services agreement entered
24into prior to the effective date of this amendatory Act of the
2597th General Assembly. The disclosure shall cover all direct
26and indirect relationships through which commissions or

HB5597- 231 -LRB098 15874 AMC 50917 b
1remuneration may result, including the pooling of commissions
2or remuneration among multiple persons or entities, and shall
3identify all involved electricity suppliers. The disclosure
4requirements in this subsection (f) are to be liberally
5construed to ensure that the nature of financial interests are
6fully revealed, and these disclosure requirements shall apply
7regardless of whether the involved person or entity is licensed
8under Section 16-115C of the Public Utilities Act. Any person
9or entity that fails to make the disclosure required under this
10subsection (f) is liable to the involved units of local
11government in an amount equal to all compensation paid to such
12person or entity by the units of local government for the
13input, guidance, or advice in the selection of an electricity
14supplier, plus reasonable attorneys fees and court costs
15incurred by the units of local government in connection with
16obtaining such amount.
17 (g) The Illinois Power Agency shall provide assistance to
18municipalities, townships, counties, or associations working
19with municipalities to help complete the plan and bidding
20process.
21 (h) This Section does not prohibit municipalities or
22counties from entering into an intergovernmental agreement to
23aggregate residential and small commercial retail electric
24loads.
25(Source: P.A. 97-338, eff. 8-12-11; 97-823, eff. 7-18-12;
2697-1067, eff. 8-24-12; 98-404, eff. 1-1-14; 98-434, eff.

HB5597- 232 -LRB098 15874 AMC 50917 b
11-1-14; 98-463, eff. 8-16-13; revised 9-24-13.)
2 Section 135. The Addison Creek Restoration Commission Act
3is amended by changing Section 20 as follows:
4 (20 ILCS 3901/20)
5 (Section scheduled to be repealed on January 1, 2015)
6 Sec. 20. Taxing powers.
7 (a) After the first Monday in October and by the first
8Monday in December in each year, the Commission shall levy the
9general taxes for the Commission by general categories for the
10next fiscal year. A certified copy of the levy ordinance shall
11be filed with the county clerk of each county in which the that
12part of the territory of the Commission that is within the
13Addison Creek floodplain is located by the last Tuesday in
14December each year.
15 (b) The amount of taxes levied for general corporate
16purposes for a fiscal year may not exceed the rate of .01% of
17the value, as equalized or assessed by the Department of
18Revenue, of the taxable property located within that part of
19the territory of the Commission that is within the Addison
20Creek floodplain, provided that the total amount levied and
21extended under this Section and Section 17, in the aggregate,
22in any single taxable year, shall not exceed $10,000,000.
23 (c) This tax and tax rate are exclusive of the taxes
24required for the payment of the principal of and interest on

HB5597- 233 -LRB098 15874 AMC 50917 b
1bonds.
2 (d) The rate of the tax levied for general corporate
3purposes of the Commission may be initially imposed or
4thereafter increased, up to the maximum rate identified in
5subsection (b), by the Commission by a resolution calling for
6the submission of the question of imposing or increasing the
7rate to the voters of that part of the territory of the
8Commission that is within the Addison Creek floodplain in
9accordance with the general election law. The question must be
10in substantially the following form:
11 Shall the Commission be authorized to establish its
12 general corporate tax rate at (insert rate) on the
13 equalized assessed value on all taxable property located
14 within that part of the territory of the Commission that is
15 within the Addison Creek floodplain for its general
16 purposes?
17 The ballot must have printed on it, but not as part of the
18proposition submitted, the following: "The approximate impact
19of the proposed (tax rate or increase) on the owner of a single
20family home having a market value of (insert value) would be
21(insert amount) in the first year of the (tax rate or increase)
22if the (tax rate or increase) is fully implemented." The ballot
23may have printed on it, but not as part of the proposition, one
24or both of the following: "The last tax rate extended for the
25purposes of the Commission was (insert rate). The last rate
26increase approved for the purposes of the Commission was in

HB5597- 234 -LRB098 15874 AMC 50917 b
1(insert year)." No other information needs to be included on
2the ballot.
3 The votes must be recorded as "Yes" or "No".
4 If a majority of the electors voting on the question vote
5in the affirmative, the Commission may thereafter levy the tax.
6(Source: P.A. 93-948, eff. 8-19-04; 94-682, eff. 11-3-05;
7revised 9-24-13.)
8 Section 140. The Illinois Criminal Justice Information Act
9is amended by changing Sections 3 and 14 as follows:
10 (20 ILCS 3930/3) (from Ch. 38, par. 210-3)
11 (Text of Section before amendment by P.A. 98-528)
12 Sec. 3. Definitions. Whenever used in this Act, and for the
13purposes of this Act unless the context clearly denotes
14otherwise:
15 (a) The term "criminal justice system" includes all
16activities by public agencies pertaining to the prevention or
17reduction of crime or enforcement of the criminal law, and
18particularly, but without limitation, the prevention,
19detection, and investigation of crime; the apprehension of
20offenders; the protection of victims and witnesses; the
21administration of juvenile justice; the prosecution and
22defense of criminal cases; the trial, conviction, and
23sentencing of offenders; as well as the correction and
24rehabilitation of offenders, which includes imprisonment,

HB5597- 235 -LRB098 15874 AMC 50917 b
1probation, parole, aftercare release, and treatment.
2 (b) The term "Authority" means the Illinois Criminal
3Justice Information Authority created by this Act.
4 (c) The term "criminal justice information" means any and
5every type of information that is collected, transmitted, or
6maintained by the criminal justice system.
7 (d) The term "criminal history record information" means
8data identifiable to an individual and consisting of
9descriptions or notations of arrests, detentions, indictments,
10informations, pre-trial proceedings, trials, or other formal
11events in the criminal justice system or descriptions or
12notations of criminal charges (including criminal violations
13of local municipal ordinances) and the nature of any
14disposition arising therefrom, including sentencing, court or
15correctional supervision, rehabilitation, and release. The
16term does not apply to statistical records and reports in which
17individuals are not identified and from which their identities
18are not ascertainable, or to information that is for criminal
19investigative or intelligence purposes.
20 (e) The term "unit of general local government" means any
21county, municipality or other general purpose political
22subdivision of this State.
23(Source: P.A. 98-558, eff. 1-1-14.)
24 (Text of Section after amendment by P.A. 98-528)
25 Sec. 3. Definitions. Whenever used in this Act, and for the

HB5597- 236 -LRB098 15874 AMC 50917 b
1purposes of this Act unless the context clearly denotes
2otherwise:
3 (a) The term "criminal justice system" includes all
4activities by public agencies pertaining to the prevention or
5reduction of crime or enforcement of the criminal law, and
6particularly, but without limitation, the prevention,
7detection, and investigation of crime; the apprehension of
8offenders; the protection of victims and witnesses; the
9administration of juvenile justice; the prosecution and
10defense of criminal cases; the trial, conviction, and
11sentencing of offenders; as well as the correction and
12rehabilitation of offenders, which includes imprisonment,
13probation, parole, aftercare release, and treatment.
14 (b) The term "Authority" means the Illinois Criminal
15Justice Information Authority created by this Act.
16 (c) The term "criminal justice information" means any and
17every type of information that is collected, transmitted, or
18maintained by the criminal justice system.
19 (d) The term "criminal history record information" means
20data identifiable to an individual, including information
21collected under Section 4.5 of the Criminal Identification Act,
22and consisting of descriptions or notations of arrests,
23detentions, indictments, informations, pre-trial proceedings,
24trials, or other formal events in the criminal justice system
25or descriptions or notations of criminal charges (including
26criminal violations of local municipal ordinances) and the

HB5597- 237 -LRB098 15874 AMC 50917 b
1nature of any disposition arising therefrom, including
2sentencing, court or correctional supervision, rehabilitation,
3and release. The term does not apply to statistical records and
4reports in which individuals are not identified and from which
5their identities are not ascertainable, or to information that
6is for criminal investigative or intelligence purposes.
7 (e) The term "unit of general local government" means any
8county, municipality or other general purpose political
9subdivision of this State.
10(Source: P.A. 98-528, eff. 1-1-15; 98-558, eff. 1-1-14; revised
119-4-13.)
12 (20 ILCS 3930/14) (from Ch. 38, par. 210-14)
13 Sec. 14. Illinois Law Enforcement Commission. Effective
14April 1, 1983:
15 (a) The position of Executive Director of the Illinois Law
16Enforcement Commission is abolished;
17 (b) The Illinois Law Enforcement Commission is abolished,
18and the terms and appointments of its members and Chairman are
19terminated; and
20 (Ch. 38, rep. pars. 209-1 through 209-16)
21 (c) "An Act creating an Illinois Law Enforcement Commission
22and defining its powers and duties", approved September 20,
231977, as now or hereafter amended, is repealed.
24(Source: P.A. 82-1039; revised 11-14-13.)

HB5597- 238 -LRB098 15874 AMC 50917 b
1 Section 145. The Violence Prevention Task Force Act is
2amended by changing Section 5 as follows:
3 (20 ILCS 4028/5)
4 Sec. 5. Violence Prevention Task Force; members.
5 (a) There is created the Violence Prevention Task Force
6(hereinafter referred to as the Task Force) consisting of 6
7members appointed as follows:
8 (1) one member of the Senate appointed by the
9 President of the Senate;
10 (2) one member of the Senate appointed by the
11 Minority Leader of the Senate;
12 (3) one member of the House of Representatives
13 appointed by the Speaker of the House of
14 Representatives;
15 (4) one member of the House of Representatives
16 appointed by the Minority Leader of the House of
17 Representatives; and
18 (5) 2 members appointed by the Governor, one of
19 whom shall be designated the chairperson by the
20 Governor.
21 (b) The members of the Task Force shall serve without
22compensation but shall be reimbursed for their reasonable and
23necessary expenses from funds appropriated for that purpose.
24 (c) The Task Force may employ skilled experts with the
25approval of the chairperson, and shall receive the cooperation

HB5597- 239 -LRB098 15874 AMC 50917 b
1of those State agencies it deems appropriate to assist the Task
2Force in carrying out its duties.
3 (d) The Illinois African-American African American Family
4Commission, the Illinois Department of Public Health, and the
5Illinois Latino Family Commission shall provide administrative
6and other support to the Task Force.
7(Source: P.A. 98-194, eff. 8-7-13; revised 9-4-13.)
8 Section 150. The State Finance Act is amended by setting
9forth and renumbering multiple versions of Sections 5.826,
105.827, 5i, and 6z-98 and by changing Section 25 as follows:
11 (30 ILCS 105/5.826)
12 Sec. 5.826. The Driver Services Administration Fund.
13(Source: P.A. 97-1157, eff. 11-28-13.)
14 (30 ILCS 105/5.827)
15 Sec. 5.827. The Illinois State Museum Fund.
16(Source: P.A. 97-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
17 (30 ILCS 105/5.830)
18 Sec. 5.830 5.826. The Chicago State University Education
19Improvement Fund.
20(Source: P.A. 98-18, eff. 6-7-13; revised 10-17-13.)
21 (30 ILCS 105/5.831)

HB5597- 240 -LRB098 15874 AMC 50917 b
1 Sec. 5.831 5.826. The Foreclosure Prevention Program
2Graduated Fund.
3(Source: P.A. 98-20, eff. 6-11-13; revised 10-17-13.)
4 (30 ILCS 105/5.832)
5 Sec. 5.832 5.826. The Mines and Minerals Regulatory Fund.
6(Source: P.A. 98-22, eff. 6-17-13; revised 10-17-13.)
7 (30 ILCS 105/5.833)
8 Sec. 5.833 5.826. The Gang Crime Witness Protection Program
9Fund.
10(Source: P.A. 98-58, eff. 7-8-13; revised 10-17-13.)
11 (30 ILCS 105/5.834)
12 Sec. 5.834 5.826. The Mental Health Reporting Fund.
13(Source: P.A. 98-63, eff. 7-9-13; revised 10-17-13.)
14 (30 ILCS 105/5.835)
15 Sec. 5.835 5.826. The National Wild Turkey Federation Fund.
16(Source: P.A. 98-66, eff. 1-1-14; revised 10-17-13.)
17 (30 ILCS 105/5.836)
18 Sec. 5.836 5.826. The Medicaid Research and Education
19Support Fund.
20(Source: P.A. 98-104, eff. 7-22-13; revised 10-17-13.)

HB5597- 241 -LRB098 15874 AMC 50917 b
1 (30 ILCS 105/5.837)
2 Sec. 5.837 5.826. The South Suburban Airport Improvement
3Fund.
4(Source: P.A. 98-109, eff. 7-25-13; revised 10-17-13.)
5 (30 ILCS 105/5.838)
6 Sec. 5.838 5.826. The Working Capital Revolving Loan Fund.
7(Source: P.A. 98-117, eff. 7-30-13; revised 10-17-13.)
8 (30 ILCS 105/5.839)
9 Sec. 5.839 5.826. The Compassionate Use of Medical Cannabis
10Fund.
11(Source: P.A. 98-122, eff. 1-1-14; revised 10-17-13.)
12 (30 ILCS 105/5.840)
13 Sec. 5.840 5.826. The Illinois Nurses Foundation Fund.
14(Source: P.A. 98-150, eff. 1-1-14; revised 10-17-13.)
15 (30 ILCS 105/5.841)
16 Sec. 5.841 5.826. The American Red Cross Fund.
17(Source: P.A. 98-151, eff. 1-1-14; revised 10-17-13.)
18 (30 ILCS 105/5.842)
19 Sec. 5.842 5.826. The Illinois Police Benevolent and
20Protective Association Fund.
21(Source: P.A. 98-233, eff. 1-1-14; revised 10-17-13.)

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1 (30 ILCS 105/5.843)
2 Sec. 5.843 5.826. The Alzheimer's Awareness Fund.
3(Source: P.A. 98-259, eff. 1-1-14; revised 10-17-13.)
4 (30 ILCS 105/5.844)
5 Sec. 5.844 5.826. The Supreme Court Special Purposes Fund.
6(Source: P.A. 98-324, eff. 10-1-13; revised 10-17-13.)
7 (30 ILCS 105/5.845)
8 Sec. 5.845 5.826. The Access to Justice Fund.
9(Source: P.A. 98-351, eff. 8-15-13; revised 10-17-13.)
10 (30 ILCS 105/5.846)
11 Sec. 5.846 5.826. The Illinois Police K-9 Memorial Fund.
12(Source: P.A. 98-360, eff. 1-1-14; revised 10-17-13.)
13 (30 ILCS 105/5.847)
14 Sec. 5.847 5.826. The Public Safety Diver Fund.
15(Source: P.A. 98-376, eff. 1-1-14; revised 10-17-13.)
16 (30 ILCS 105/5.848)
17 Sec. 5.848 5.826. The Committed to a Cure Fund.
18(Source: P.A. 98-382, eff. 1-1-14; revised 10-17-13.)
19 (30 ILCS 105/5.849)

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1 Sec. 5.849 5.826. The Illinois Sheriffs' Association
2Scholarship and Training Fund.
3(Source: P.A. 98-395, eff. 1-1-14; revised 10-17-13.)
4 (30 ILCS 105/5.850)
5 Sec. 5.850 5.826. The Illinois State Police Memorial Park
6Fund.
7(Source: P.A. 98-469, eff. 8-16-13; revised 10-17-13.)
8 (30 ILCS 105/5.851)
9 Sec. 5.851 5.826. The Amusement Ride and Patron Safety
10Fund.
11(Source: P.A. 98-541, eff. 8-23-13; revised 10-17-13.)
12 (30 ILCS 105/5.852)
13 Sec. 5.852 5.827. The State Police Firearm Services Fund.
14(Source: P.A. 98-63, eff. 7-9-13; revised 10-17-13.)
15 (30 ILCS 105/5.853)
16 Sec. 5.853 5.827. The Curing Childhood Cancer Fund.
17(Source: P.A. 98-66, eff. 1-1-14; revised 10-17-13.)
18 (30 ILCS 105/5.854)
19 Sec. 5.854 5.827. The South Suburban Brownfields
20Redevelopment Fund.
21(Source: P.A. 98-109, eff. 7-25-13; revised 10-17-13.)

HB5597- 244 -LRB098 15874 AMC 50917 b
1 (30 ILCS 105/5i)
2 Sec. 5i. Transfers. Each year, the Governor's Office of
3Management and Budget shall, at the time set forth for the
4submission of the State budget under Section 50-5 of the State
5Budget Law, provide to the Chairperson and the Minority
6Spokesperson of each of the appropriations committees of the
7House of Representatives and the Senate a report of (i) all
8full fiscal year transfers from State general funds to any
9other special fund of the State in the previous fiscal year and
10during the current fiscal year to date, and (ii) all projected
11full fiscal year transfers from State general funds to those
12funds for the remainder of the current fiscal year and the next
13fiscal year, based on estimates prepared by the Governor's
14Office of Management and Budget. The report shall include a
15detailed summary of the estimates upon which the projected
16transfers are based. The report shall also indicate, for each
17transfer:
18 (1) whether or not there is statutory authority for the
19 transfer;
20 (2) if there is statutory authority for the transfer,
21 whether that statutory authority exists for the next fiscal
22 year; and
23 (3) whether there is debt service associated with the
24 transfer.
25 The General Assembly shall consider the report in the

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1appropriations process.
2(Source: P.A. 98-24, eff. 6-19-13.)
3 (30 ILCS 105/5j)
4 Sec. 5j 5i. Closure of State mental health facilities or
5developmental disabilities facilities. Consistent with the
6provisions of Sections 4.4 and 4.5 of the Community Services
7Act, whenever a State mental health facility operated by the
8Department of Human Services or a State developmental
9disabilities facility operated by the Department of Human
10Services is closed, the Department of Human Services, at the
11direction of the Governor, shall transfer funds from the closed
12facility to the appropriate line item providing appropriation
13authority for the new venue of care to facilitate the
14transition of services to the new venue of care, provided that
15the new venue of care is a Department of Human Services funded
16provider or facility.
17 As used in this Section, the terms "mental health facility"
18and "developmental disabilities facility" have the meanings
19ascribed to those terms in the Mental Health and Developmental
20Disabilities Code.
21(Source: P.A. 98-403, eff. 1-1-14; revised 10-17-13.)
22 (30 ILCS 105/6z-98)
23 Sec. 6z-98. The Chicago State University Education
24Improvement Fund. The Chicago State University Education

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1Improvement Fund is hereby created as a special fund in the
2State treasury. The moneys deposited into the Fund shall be
3used by Chicago State University, subject to appropriation, for
4expenses incurred by the University. All interest earned on
5moneys in the Fund shall remain in the Fund.
6(Source: P.A. 98-18, eff. 6-7-13.)
7 (30 ILCS 105/6z-99)
8 Sec. 6z-99 6z-98. The Mental Health Reporting Fund.
9 (a) There is created in the State treasury a special fund
10known as the Mental Health Reporting Fund. The Fund shall
11receive revenue under the Firearm Concealed Carry Act. The Fund
12may also receive revenue from grants, pass-through grants,
13donations, appropriations, and any other legal source.
14 (b) The Department of State Police and Department of Human
15Services shall coordinate to use moneys in the Fund to finance
16their respective duties of collecting and reporting data on
17mental health records and ensuring that mental health firearm
18possession prohibitors are enforced as set forth under the
19Firearm Concealed Carry Act and the Firearm Owners
20Identification Card Act. Any surplus in the Fund beyond what is
21necessary to ensure compliance with mental health reporting
22under these Acts shall be used by the Department of Human
23Services for mental health treatment programs.
24 (c) Investment income that is attributable to the
25investment of moneys in the Fund shall be retained in the Fund

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1for the uses specified in this Section.
2(Source: P.A. 98-63, eff. 7-9-13; revised 7-19-13.)
3 (30 ILCS 105/25) (from Ch. 127, par. 161)
4 Sec. 25. Fiscal year limitations.
5 (a) All appropriations shall be available for expenditure
6for the fiscal year or for a lesser period if the Act making
7that appropriation so specifies. A deficiency or emergency
8appropriation shall be available for expenditure only through
9June 30 of the year when the Act making that appropriation is
10enacted unless that Act otherwise provides.
11 (b) Outstanding liabilities as of June 30, payable from
12appropriations which have otherwise expired, may be paid out of
13the expiring appropriations during the 2-month period ending at
14the close of business on August 31. Any service involving
15professional or artistic skills or any personal services by an
16employee whose compensation is subject to income tax
17withholding must be performed as of June 30 of the fiscal year
18in order to be considered an "outstanding liability as of June
1930" that is thereby eligible for payment out of the expiring
20appropriation.
21 (b-1) However, payment of tuition reimbursement claims
22under Section 14-7.03 or 18-3 of the School Code may be made by
23the State Board of Education from its appropriations for those
24respective purposes for any fiscal year, even though the claims
25reimbursed by the payment may be claims attributable to a prior

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1fiscal year, and payments may be made at the direction of the
2State Superintendent of Education from the fund from which the
3appropriation is made without regard to any fiscal year
4limitations, except as required by subsection (j) of this
5Section. Beginning on June 30, 2021, payment of tuition
6reimbursement claims under Section 14-7.03 or 18-3 of the
7School Code as of June 30, payable from appropriations that
8have otherwise expired, may be paid out of the expiring
9appropriation during the 4-month period ending at the close of
10business on October 31.
11 (b-2) All outstanding liabilities as of June 30, 2010,
12payable from appropriations that would otherwise expire at the
13conclusion of the lapse period for fiscal year 2010, and
14interest penalties payable on those liabilities under the State
15Prompt Payment Act, may be paid out of the expiring
16appropriations until December 31, 2010, without regard to the
17fiscal year in which the payment is made, as long as vouchers
18for the liabilities are received by the Comptroller no later
19than August 31, 2010.
20 (b-2.5) All outstanding liabilities as of June 30, 2011,
21payable from appropriations that would otherwise expire at the
22conclusion of the lapse period for fiscal year 2011, and
23interest penalties payable on those liabilities under the State
24Prompt Payment Act, may be paid out of the expiring
25appropriations until December 31, 2011, without regard to the
26fiscal year in which the payment is made, as long as vouchers

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1for the liabilities are received by the Comptroller no later
2than August 31, 2011.
3 (b-2.6) All outstanding liabilities as of June 30, 2012,
4payable from appropriations that would otherwise expire at the
5conclusion of the lapse period for fiscal year 2012, and
6interest penalties payable on those liabilities under the State
7Prompt Payment Act, may be paid out of the expiring
8appropriations until December 31, 2012, without regard to the
9fiscal year in which the payment is made, as long as vouchers
10for the liabilities are received by the Comptroller no later
11than August 31, 2012.
12 (b-2.7) For fiscal years 2012, 2013, and 2014, interest
13penalties payable under the State Prompt Payment Act associated
14with a voucher for which payment is issued after June 30 may be
15paid out of the next fiscal year's appropriation. The future
16year appropriation must be for the same purpose and from the
17same fund as the original payment. An interest penalty voucher
18submitted against a future year appropriation must be submitted
19within 60 days after the issuance of the associated voucher,
20and the Comptroller must issue the interest payment within 60
21days after acceptance of the interest voucher.
22 (b-3) Medical payments may be made by the Department of
23Veterans' Affairs from its appropriations for those purposes
24for any fiscal year, without regard to the fact that the
25medical services being compensated for by such payment may have
26been rendered in a prior fiscal year, except as required by

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1subsection (j) of this Section. Beginning on June 30, 2021,
2medical payments payable from appropriations that have
3otherwise expired may be paid out of the expiring appropriation
4during the 4-month period ending at the close of business on
5October 31.
6 (b-4) Medical payments and child care payments may be made
7by the Department of Human Services (as successor to the
8Department of Public Aid) from appropriations for those
9purposes for any fiscal year, without regard to the fact that
10the medical or child care services being compensated for by
11such payment may have been rendered in a prior fiscal year; and
12payments may be made at the direction of the Department of
13Healthcare and Family Services (or successor agency) from the
14Health Insurance Reserve Fund without regard to any fiscal year
15limitations, except as required by subsection (j) of this
16Section. Beginning on June 30, 2021, medical and child care
17payments made by the Department of Human Services and payments
18made at the discretion of the Department of Healthcare and
19Family Services (or successor agency) from the Health Insurance
20Reserve Fund and payable from appropriations that have
21otherwise expired may be paid out of the expiring appropriation
22during the 4-month period ending at the close of business on
23October 31.
24 (b-5) Medical payments may be made by the Department of
25Human Services from its appropriations relating to substance
26abuse treatment services for any fiscal year, without regard to

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1the fact that the medical services being compensated for by
2such payment may have been rendered in a prior fiscal year,
3provided the payments are made on a fee-for-service basis
4consistent with requirements established for Medicaid
5reimbursement by the Department of Healthcare and Family
6Services, except as required by subsection (j) of this Section.
7Beginning on June 30, 2021, medical payments made by the
8Department of Human Services relating to substance abuse
9treatment services payable from appropriations that have
10otherwise expired may be paid out of the expiring appropriation
11during the 4-month period ending at the close of business on
12October 31.
13 (b-6) Additionally, payments may be made by the Department
14of Human Services from its appropriations, or any other State
15agency from its appropriations with the approval of the
16Department of Human Services, from the Immigration Reform and
17Control Fund for purposes authorized pursuant to the
18Immigration Reform and Control Act of 1986, without regard to
19any fiscal year limitations, except as required by subsection
20(j) of this Section. Beginning on June 30, 2021, payments made
21by the Department of Human Services from the Immigration Reform
22and Control Fund for purposes authorized pursuant to the
23Immigration Reform and Control Act of 1986 payable from
24appropriations that have otherwise expired may be paid out of
25the expiring appropriation during the 4-month period ending at
26the close of business on October 31.

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1 (b-7) Payments may be made in accordance with a plan
2authorized by paragraph (11) or (12) of Section 405-105 of the
3Department of Central Management Services Law from
4appropriations for those payments without regard to fiscal year
5limitations.
6 (b-8) Reimbursements to eligible airport sponsors for the
7construction or upgrading of Automated Weather Observation
8Systems may be made by the Department of Transportation from
9appropriations for those purposes for any fiscal year, without
10regard to the fact that the qualification or obligation may
11have occurred in a prior fiscal year, provided that at the time
12the expenditure was made the project had been approved by the
13Department of Transportation prior to June 1, 2012 and, as a
14result of recent changes in federal funding formulas, can no
15longer receive federal reimbursement.
16 (b-9) Medical payments not exceeding $150,000,000 may be
17made by the Department on Aging from its appropriations
18relating to the Community Care Program for fiscal year 2014,
19without regard to the fact that the medical services being
20compensated for by such payment may have been rendered in a
21prior fiscal year, provided the payments are made on a
22fee-for-service basis consistent with requirements established
23for Medicaid reimbursement by the Department of Healthcare and
24Family Services, except as required by subsection (j) of this
25Section.
26 (c) Further, payments may be made by the Department of

HB5597- 253 -LRB098 15874 AMC 50917 b
1Public Health and the Department of Human Services (acting as
2successor to the Department of Public Health under the
3Department of Human Services Act) from their respective
4appropriations for grants for medical care to or on behalf of
5premature and high-mortality risk infants and their mothers and
6for grants for supplemental food supplies provided under the
7United States Department of Agriculture Women, Infants and
8Children Nutrition Program, for any fiscal year without regard
9to the fact that the services being compensated for by such
10payment may have been rendered in a prior fiscal year, except
11as required by subsection (j) of this Section. Beginning on
12June 30, 2021, payments made by the Department of Public Health
13and the Department of Human Services from their respective
14appropriations for grants for medical care to or on behalf of
15premature and high-mortality risk infants and their mothers and
16for grants for supplemental food supplies provided under the
17United States Department of Agriculture Women, Infants and
18Children Nutrition Program payable from appropriations that
19have otherwise expired may be paid out of the expiring
20appropriations during the 4-month period ending at the close of
21business on October 31.
22 (d) The Department of Public Health and the Department of
23Human Services (acting as successor to the Department of Public
24Health under the Department of Human Services Act) shall each
25annually submit to the State Comptroller, Senate President,
26Senate Minority Leader, Speaker of the House, House Minority

HB5597- 254 -LRB098 15874 AMC 50917 b
1Leader, and the respective Chairmen and Minority Spokesmen of
2the Appropriations Committees of the Senate and the House, on
3or before December 31, a report of fiscal year funds used to
4pay for services provided in any prior fiscal year. This report
5shall document by program or service category those
6expenditures from the most recently completed fiscal year used
7to pay for services provided in prior fiscal years.
8 (e) The Department of Healthcare and Family Services, the
9Department of Human Services (acting as successor to the
10Department of Public Aid), and the Department of Human Services
11making fee-for-service payments relating to substance abuse
12treatment services provided during a previous fiscal year shall
13each annually submit to the State Comptroller, Senate
14President, Senate Minority Leader, Speaker of the House, House
15Minority Leader, the respective Chairmen and Minority
16Spokesmen of the Appropriations Committees of the Senate and
17the House, on or before November 30, a report that shall
18document by program or service category those expenditures from
19the most recently completed fiscal year used to pay for (i)
20services provided in prior fiscal years and (ii) services for
21which claims were received in prior fiscal years.
22 (f) The Department of Human Services (as successor to the
23Department of Public Aid) shall annually submit to the State
24Comptroller, Senate President, Senate Minority Leader, Speaker
25of the House, House Minority Leader, and the respective
26Chairmen and Minority Spokesmen of the Appropriations

HB5597- 255 -LRB098 15874 AMC 50917 b
1Committees of the Senate and the House, on or before December
231, a report of fiscal year funds used to pay for services
3(other than medical care) provided in any prior fiscal year.
4This report shall document by program or service category those
5expenditures from the most recently completed fiscal year used
6to pay for services provided in prior fiscal years.
7 (g) In addition, each annual report required to be
8submitted by the Department of Healthcare and Family Services
9under subsection (e) shall include the following information
10with respect to the State's Medicaid program:
11 (1) Explanations of the exact causes of the variance
12 between the previous year's estimated and actual
13 liabilities.
14 (2) Factors affecting the Department of Healthcare and
15 Family Services' liabilities, including but not limited to
16 numbers of aid recipients, levels of medical service
17 utilization by aid recipients, and inflation in the cost of
18 medical services.
19 (3) The results of the Department's efforts to combat
20 fraud and abuse.
21 (h) As provided in Section 4 of the General Assembly
22Compensation Act, any utility bill for service provided to a
23General Assembly member's district office for a period
24including portions of 2 consecutive fiscal years may be paid
25from funds appropriated for such expenditure in either fiscal
26year.

HB5597- 256 -LRB098 15874 AMC 50917 b
1 (i) An agency which administers a fund classified by the
2Comptroller as an internal service fund may issue rules for:
3 (1) billing user agencies in advance for payments or
4 authorized inter-fund transfers based on estimated charges
5 for goods or services;
6 (2) issuing credits, refunding through inter-fund
7 transfers, or reducing future inter-fund transfers during
8 the subsequent fiscal year for all user agency payments or
9 authorized inter-fund transfers received during the prior
10 fiscal year which were in excess of the final amounts owed
11 by the user agency for that period; and
12 (3) issuing catch-up billings to user agencies during
13 the subsequent fiscal year for amounts remaining due when
14 payments or authorized inter-fund transfers received from
15 the user agency during the prior fiscal year were less than
16 the total amount owed for that period.
17User agencies are authorized to reimburse internal service
18funds for catch-up billings by vouchers drawn against their
19respective appropriations for the fiscal year in which the
20catch-up billing was issued or by increasing an authorized
21inter-fund transfer during the current fiscal year. For the
22purposes of this Act, "inter-fund transfers" means transfers
23without the use of the voucher-warrant process, as authorized
24by Section 9.01 of the State Comptroller Act.
25 (i-1) Beginning on July 1, 2021, all outstanding
26liabilities, not payable during the 4-month lapse period as

HB5597- 257 -LRB098 15874 AMC 50917 b
1described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
2(c) of this Section, that are made from appropriations for that
3purpose for any fiscal year, without regard to the fact that
4the services being compensated for by those payments may have
5been rendered in a prior fiscal year, are limited to only those
6claims that have been incurred but for which a proper bill or
7invoice as defined by the State Prompt Payment Act has not been
8received by September 30th following the end of the fiscal year
9in which the service was rendered.
10 (j) Notwithstanding any other provision of this Act, the
11aggregate amount of payments to be made without regard for
12fiscal year limitations as contained in subsections (b-1),
13(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
14determined by using Generally Accepted Accounting Principles,
15shall not exceed the following amounts:
16 (1) $6,000,000,000 for outstanding liabilities related
17 to fiscal year 2012;
18 (2) $5,300,000,000 for outstanding liabilities related
19 to fiscal year 2013;
20 (3) $4,600,000,000 for outstanding liabilities related
21 to fiscal year 2014;
22 (4) $4,000,000,000 for outstanding liabilities related
23 to fiscal year 2015;
24 (5) $3,300,000,000 for outstanding liabilities related
25 to fiscal year 2016;
26 (6) $2,600,000,000 for outstanding liabilities related

HB5597- 258 -LRB098 15874 AMC 50917 b
1 to fiscal year 2017;
2 (7) $2,000,000,000 for outstanding liabilities related
3 to fiscal year 2018;
4 (8) $1,300,000,000 for outstanding liabilities related
5 to fiscal year 2019;
6 (9) $600,000,000 for outstanding liabilities related
7 to fiscal year 2020; and
8 (10) $0 for outstanding liabilities related to fiscal
9 year 2021 and fiscal years thereafter.
10 (k) Department of Healthcare and Family Services Medical
11Assistance Payments.
12 (1) Definition of Medical Assistance.
13 For purposes of this subsection, the term "Medical
14 Assistance" shall include, but not necessarily be
15 limited to, medical programs and services authorized
16 under Titles XIX and XXI of the Social Security Act,
17 the Illinois Public Aid Code, the Children's Health
18 Insurance Program Act, the Covering ALL KIDS Health
19 Insurance Act, the Long Term Acute Care Hospital
20 Quality Improvement Transfer Program Act, and medical
21 care to or on behalf of persons suffering from chronic
22 renal disease, persons suffering from hemophilia, and
23 victims of sexual assault.
24 (2) Limitations on Medical Assistance payments that
25 may be paid from future fiscal year appropriations.
26 (A) The maximum amounts of annual unpaid Medical

HB5597- 259 -LRB098 15874 AMC 50917 b
1 Assistance bills received and recorded by the
2 Department of Healthcare and Family Services on or
3 before June 30th of a particular fiscal year
4 attributable in aggregate to the General Revenue Fund,
5 Healthcare Provider Relief Fund, Tobacco Settlement
6 Recovery Fund, Long-Term Care Provider Fund, and the
7 Drug Rebate Fund that may be paid in total by the
8 Department from future fiscal year Medical Assistance
9 appropriations to those funds are: $700,000,000 for
10 fiscal year 2013 and $100,000,000 for fiscal year 2014
11 and each fiscal year thereafter.
12 (B) Bills for Medical Assistance services rendered
13 in a particular fiscal year, but received and recorded
14 by the Department of Healthcare and Family Services
15 after June 30th of that fiscal year, may be paid from
16 either appropriations for that fiscal year or future
17 fiscal year appropriations for Medical Assistance.
18 Such payments shall not be subject to the requirements
19 of subparagraph (A).
20 (C) Medical Assistance bills received by the
21 Department of Healthcare and Family Services in a
22 particular fiscal year, but subject to payment amount
23 adjustments in a future fiscal year may be paid from a
24 future fiscal year's appropriation for Medical
25 Assistance. Such payments shall not be subject to the
26 requirements of subparagraph (A).

HB5597- 260 -LRB098 15874 AMC 50917 b
1 (D) Medical Assistance payments made by the
2 Department of Healthcare and Family Services from
3 funds other than those specifically referenced in
4 subparagraph (A) may be made from appropriations for
5 those purposes for any fiscal year without regard to
6 the fact that the Medical Assistance services being
7 compensated for by such payment may have been rendered
8 in a prior fiscal year. Such payments shall not be
9 subject to the requirements of subparagraph (A).
10 (3) Extended lapse period for Department of Healthcare
11 and Family Services Medical Assistance payments.
12 Notwithstanding any other State law to the contrary,
13 outstanding Department of Healthcare and Family Services
14 Medical Assistance liabilities, as of June 30th, payable
15 from appropriations which have otherwise expired, may be
16 paid out of the expiring appropriations during the 6-month
17 period ending at the close of business on December 31st.
18 (l) The changes to this Section made by Public Act 97-691
19shall be effective for payment of Medical Assistance bills
20incurred in fiscal year 2013 and future fiscal years. The
21changes to this Section made by Public Act 97-691 shall not be
22applied to Medical Assistance bills incurred in fiscal year
232012 or prior fiscal years.
24 (m) The Comptroller must issue payments against
25outstanding liabilities that were received prior to the lapse
26period deadlines set forth in this Section as soon thereafter

HB5597- 261 -LRB098 15874 AMC 50917 b
1as practical, but no payment may be issued after the 4 months
2following the lapse period deadline without the signed
3authorization of the Comptroller and the Governor.
4(Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11;
597-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, eff.
68-10-12; 98-8, eff. 5-3-13; 98-24, eff. 6-19-13; 98-215, eff.
78-9-13; 98-463, eff. 8-16-13; revised 9-9-13.)
8 Section 155. The Public Funds Investment Act is amended by
9changing Sections 2 and 6.5 as follows:
10 (30 ILCS 235/2) (from Ch. 85, par. 902)
11 Sec. 2. Authorized investments.
12 (a) Any public agency may invest any public funds as
13follows:
14 (1) in bonds, notes, certificates of indebtedness,
15 treasury bills or other securities now or hereafter issued,
16 which are guaranteed by the full faith and credit of the
17 United States of America as to principal and interest;
18 (2) in bonds, notes, debentures, or other similar
19 obligations of the United States of America, its agencies,
20 and its instrumentalities;
21 (3) in interest-bearing savings accounts,
22 interest-bearing certificates of deposit or
23 interest-bearing time deposits or any other investments
24 constituting direct obligations of any bank as defined by

HB5597- 262 -LRB098 15874 AMC 50917 b
1 the Illinois Banking Act;
2 (4) in short term obligations of corporations
3 organized in the United States with assets exceeding
4 $500,000,000 if (i) such obligations are rated at the time
5 of purchase at one of the 3 highest classifications
6 established by at least 2 standard rating services and
7 which mature not later than 270 days from the date of
8 purchase, (ii) such purchases do not exceed 10% of the
9 corporation's outstanding obligations and (iii) no more
10 than one-third of the public agency's funds may be invested
11 in short term obligations of corporations; or
12 (5) in money market mutual funds registered under the
13 Investment Company Act of 1940, provided that the portfolio
14 of any such money market mutual fund is limited to
15 obligations described in paragraph (1) or (2) of this
16 subsection and to agreements to repurchase such
17 obligations.
18 (a-1) In addition to any other investments authorized under
19this Act, a municipality, park district, forest preserve
20district, conservation district, county, or other governmental
21unit may invest its public funds in interest bearing bonds of
22any county, township, city, village, incorporated town,
23municipal corporation, or school district, of the State of
24Illinois, of any other state, or of any political subdivision
25or agency of the State of Illinois or of any other state,
26whether the interest earned thereon is taxable or tax-exempt

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1under federal law. The bonds shall be registered in the name of
2the municipality, park district, forest preserve district,
3conservation district, county, or other governmental unit, or
4held under a custodial agreement at a bank. The bonds shall be
5rated at the time of purchase within the 4 highest general
6classifications established by a rating service of nationally
7recognized expertise in rating bonds of states and their
8political subdivisions.
9 (b) Investments may be made only in banks which are insured
10by the Federal Deposit Insurance Corporation. Any public agency
11may invest any public funds in short term discount obligations
12of the Federal National Mortgage Association or in shares or
13other forms of securities legally issuable by savings banks or
14savings and loan associations incorporated under the laws of
15this State or any other state or under the laws of the United
16States. Investments may be made only in those savings banks or
17savings and loan associations the shares, or investment
18certificates of which are insured by the Federal Deposit
19Insurance Corporation. Any such securities may be purchased at
20the offering or market price thereof at the time of such
21purchase. All such securities so purchased shall mature or be
22redeemable on a date or dates prior to the time when, in the
23judgment of such governing authority, the public funds so
24invested will be required for expenditure by such public agency
25or its governing authority. The expressed judgment of any such
26governing authority as to the time when any public funds will

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1be required for expenditure or be redeemable is final and
2conclusive. Any public agency may invest any public funds in
3dividend-bearing share accounts, share certificate accounts or
4class of share accounts of a credit union chartered under the
5laws of this State or the laws of the United States; provided,
6however, the principal office of any such credit union must be
7located within the State of Illinois. Investments may be made
8only in those credit unions the accounts of which are insured
9by applicable law.
10 (c) For purposes of this Section, the term "agencies of the
11United States of America" includes: (i) the federal land banks,
12federal intermediate credit banks, banks for cooperative,
13federal farm credit banks, or any other entity authorized to
14issue debt obligations under the Farm Credit Act of 1971 (12
15U.S.C. 2001 et seq.) and Acts amendatory thereto; (ii) the
16federal home loan banks and the federal home loan mortgage
17corporation; and (iii) any other agency created by Act of
18Congress.
19 (d) Except for pecuniary interests permitted under
20subsection (f) of Section 3-14-4 of the Illinois Municipal Code
21or under Section 3.2 of the Public Officer Prohibited Practices
22Act, no person acting as treasurer or financial officer or who
23is employed in any similar capacity by or for a public agency
24may do any of the following:
25 (1) have any interest, directly or indirectly, in any
26 investments in which the agency is authorized to invest.

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1 (2) have any interest, directly or indirectly, in the
2 sellers, sponsors, or managers of those investments.
3 (3) receive, in any manner, compensation of any kind
4 from any investments in which the agency is authorized to
5 invest.
6 (e) Any public agency may also invest any public funds in a
7Public Treasurers' Investment Pool created under Section 17 of
8the State Treasurer Act. Any public agency may also invest any
9public funds in a fund managed, operated, and administered by a
10bank, subsidiary of a bank, or subsidiary of a bank holding
11company or use the services of such an entity to hold and
12invest or advise regarding the investment of any public funds.
13 (f) To the extent a public agency has custody of funds not
14owned by it or another public agency and does not otherwise
15have authority to invest such funds, the public agency may
16invest such funds as if they were its own. Such funds must be
17released to the appropriate person at the earliest reasonable
18time, but in no case exceeding 31 days, after the private
19person becomes entitled to the receipt of them. All earnings
20accruing on any investments or deposits made pursuant to the
21provisions of this Act shall be credited to the public agency
22by or for which such investments or deposits were made, except
23as provided otherwise in Section 4.1 of the State Finance Act
24or the Local Governmental Tax Collection Act, and except where
25by specific statutory provisions such earnings are directed to
26be credited to and paid to a particular fund.

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1 (g) A public agency may purchase or invest in repurchase
2agreements of government securities having the meaning set out
3in the Government Securities Act of 1986, as now or hereafter
4amended or succeeded, subject to the provisions of said Act and
5the regulations issued thereunder. The government securities,
6unless registered or inscribed in the name of the public
7agency, shall be purchased through banks or trust companies
8authorized to do business in the State of Illinois.
9 (h) Except for repurchase agreements of government
10securities which are subject to the Government Securities Act
11of 1986, as now or hereafter amended or succeeded, no public
12agency may purchase or invest in instruments which constitute
13repurchase agreements, and no financial institution may enter
14into such an agreement with or on behalf of any public agency
15unless the instrument and the transaction meet the following
16requirements:
17 (1) The securities, unless registered or inscribed in
18 the name of the public agency, are purchased through banks
19 or trust companies authorized to do business in the State
20 of Illinois.
21 (2) An authorized public officer after ascertaining
22 which firm will give the most favorable rate of interest,
23 directs the custodial bank to "purchase" specified
24 securities from a designated institution. The "custodial
25 bank" is the bank or trust company, or agency of
26 government, which acts for the public agency in connection

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1 with repurchase agreements involving the investment of
2 funds by the public agency. The State Treasurer may act as
3 custodial bank for public agencies executing repurchase
4 agreements. To the extent the Treasurer acts in this
5 capacity, he is hereby authorized to pass through to such
6 public agencies any charges assessed by the Federal Reserve
7 Bank.
8 (3) A custodial bank must be a member bank of the
9 Federal Reserve System or maintain accounts with member
10 banks. All transfers of book-entry securities must be
11 accomplished on a Reserve Bank's computer records through a
12 member bank of the Federal Reserve System. These securities
13 must be credited to the public agency on the records of the
14 custodial bank and the transaction must be confirmed in
15 writing to the public agency by the custodial bank.
16 (4) Trading partners shall be limited to banks or trust
17 companies authorized to do business in the State of
18 Illinois or to registered primary reporting dealers.
19 (5) The security interest must be perfected.
20 (6) The public agency enters into a written master
21 repurchase agreement which outlines the basic
22 responsibilities and liabilities of both buyer and seller.
23 (7) Agreements shall be for periods of 330 days or
24 less.
25 (8) The authorized public officer of the public agency
26 informs the custodial bank in writing of the maturity

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1 details of the repurchase agreement.
2 (9) The custodial bank must take delivery of and
3 maintain the securities in its custody for the account of
4 the public agency and confirm the transaction in writing to
5 the public agency. The Custodial Undertaking shall provide
6 that the custodian takes possession of the securities
7 exclusively for the public agency; that the securities are
8 free of any claims against the trading partner; and any
9 claims by the custodian are subordinate to the public
10 agency's claims to rights to those securities.
11 (10) The obligations purchased by a public agency may
12 only be sold or presented for redemption or payment by the
13 fiscal agent bank or trust company holding the obligations
14 upon the written instruction of the public agency or
15 officer authorized to make such investments.
16 (11) The custodial bank shall be liable to the public
17 agency for any monetary loss suffered by the public agency
18 due to the failure of the custodial bank to take and
19 maintain possession of such securities.
20 (i) Notwithstanding the foregoing restrictions on
21investment in instruments constituting repurchase agreements
22the Illinois Housing Development Authority may invest in, and
23any financial institution with capital of at least $250,000,000
24may act as custodian for, instruments that constitute
25repurchase agreements, provided that the Illinois Housing
26Development Authority, in making each such investment,

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1complies with the safety and soundness guidelines for engaging
2in repurchase transactions applicable to federally insured
3banks, savings banks, savings and loan associations or other
4depository institutions as set forth in the Federal Financial
5Institutions Examination Council Policy Statement Regarding
6Repurchase Agreements and any regulations issued, or which may
7be issued by the supervisory federal authority pertaining
8thereto and any amendments thereto; provided further that the
9securities shall be either (i) direct general obligations of,
10or obligations the payment of the principal of and/or interest
11on which are unconditionally guaranteed by, the United States
12of America or (ii) any obligations of any agency, corporation
13or subsidiary thereof controlled or supervised by and acting as
14an instrumentality of the United States Government pursuant to
15authority granted by the Congress of the United States and
16provided further that the security interest must be perfected
17by either the Illinois Housing Development Authority, its
18custodian or its agent receiving possession of the securities
19either physically or transferred through a nationally
20recognized book entry system.
21 (j) In addition to all other investments authorized under
22this Section, a community college district may invest public
23funds in any mutual funds that invest primarily in corporate
24investment grade or global government short term bonds.
25Purchases of mutual funds that invest primarily in global
26government short term bonds shall be limited to funds with

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1assets of at least $100 million and that are rated at the time
2of purchase as one of the 10 highest classifications
3established by a recognized rating service. The investments
4shall be subject to approval by the local community college
5board of trustees. Each community college board of trustees
6shall develop a policy regarding the percentage of the
7college's investment portfolio that can be invested in such
8funds.
9 Nothing in this Section shall be construed to authorize an
10intergovernmental risk management entity to accept the deposit
11of public funds except for risk management purposes.
12(Source: P.A. 97-129, eff. 7-14-11; 98-297, eff. 1-1-14;
1398-390, eff. 8-16-13; revised 9-10-13.)
14 (30 ILCS 235/6.5)
15 Sec. 6.5. Federally insured deposits at Illinois financial
16institutions.
17 (a) Notwithstanding any other provision of this Act or any
18other statute, whenever a public agency invests public funds in
19an interest-bearing savings account, interest-bearing
20certificate of deposit, or interest-bearing time deposit under
21Section 2 of this Act, the provisions of Section 6 of this Act
22and any other statutory requirements pertaining to the
23eligibility of a bank to receive or hold public deposits or to
24the pledging of collateral by a bank to secure public deposits
25do not apply to any bank receiving or holding all or part of

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1the invested public funds if (i) the public agency initiates
2the investment at or through a bank located in Illinois and
3(ii) the invested public funds are at all times time fully
4insured by an agency or instrumentality of the federal
5government.
6 (b) Nothing in this Section is intended to:
7 (1) prohibit a public agency from requiring the bank at
8 or through which the investment of public funds is
9 initiated to provide the public agency with the information
10 otherwise required by subsection subsections (a), (b), or
11 (c) of Section 6 of this Act as a condition of investing
12 the public funds at or through that bank; or
13 (2) permit a bank to receive or hold public deposits if
14 that bank is prohibited from doing so by any rule,
15 sanction, or order issued by a regulatory agency or by a
16 court.
17 (c) For purposes of this Section, the term "bank" includes
18any person doing a banking business whether subject to the laws
19of this or any other jurisdiction.
20(Source: P.A. 93-756, eff. 7-16-04; revised 10-7-13.)
21 Section 160. The Illinois Procurement Code is amended by
22changing Section 1-10 as follows:
23 (30 ILCS 500/1-10)
24 Sec. 1-10. Application.

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1 (a) This Code applies only to procurements for which
2contractors were first solicited on or after July 1, 1998. This
3Code shall not be construed to affect or impair any contract,
4or any provision of a contract, entered into based on a
5solicitation prior to the implementation date of this Code as
6described in Article 99, including but not limited to any
7covenant entered into with respect to any revenue bonds or
8similar instruments. All procurements for which contracts are
9solicited between the effective date of Articles 50 and 99 and
10July 1, 1998 shall be substantially in accordance with this
11Code and its intent.
12 (b) This Code shall apply regardless of the source of the
13funds with which the contracts are paid, including federal
14assistance moneys. This Code shall not apply to:
15 (1) Contracts between the State and its political
16 subdivisions or other governments, or between State
17 governmental bodies except as specifically provided in
18 this Code.
19 (2) Grants, except for the filing requirements of
20 Section 20-80.
21 (3) Purchase of care.
22 (4) Hiring of an individual as employee and not as an
23 independent contractor, whether pursuant to an employment
24 code or policy or by contract directly with that
25 individual.
26 (5) Collective bargaining contracts.

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1 (6) Purchase of real estate, except that notice of this
2 type of contract with a value of more than $25,000 must be
3 published in the Procurement Bulletin within 7 days after
4 the deed is recorded in the county of jurisdiction. The
5 notice shall identify the real estate purchased, the names
6 of all parties to the contract, the value of the contract,
7 and the effective date of the contract.
8 (7) Contracts necessary to prepare for anticipated
9 litigation, enforcement actions, or investigations,
10 provided that the chief legal counsel to the Governor shall
11 give his or her prior approval when the procuring agency is
12 one subject to the jurisdiction of the Governor, and
13 provided that the chief legal counsel of any other
14 procuring entity subject to this Code shall give his or her
15 prior approval when the procuring entity is not one subject
16 to the jurisdiction of the Governor.
17 (8) Contracts for services to Northern Illinois
18 University by a person, acting as an independent
19 contractor, who is qualified by education, experience, and
20 technical ability and is selected by negotiation for the
21 purpose of providing non-credit educational service
22 activities or products by means of specialized programs
23 offered by the university.
24 (9) Procurement expenditures by the Illinois
25 Conservation Foundation when only private funds are used.
26 (10) Procurement expenditures by the Illinois Health

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1 Information Exchange Authority involving private funds
2 from the Health Information Exchange Fund. "Private funds"
3 means gifts, donations, and private grants.
4 (11) Public-private agreements entered into according
5 to the procurement requirements of Section 20 of the
6 Public-Private Partnerships for Transportation Act and
7 design-build agreements entered into according to the
8 procurement requirements of Section 25 of the
9 Public-Private Partnerships for Transportation Act.
10 (12) Contracts for legal, financial, and other
11 professional and artistic services entered into on or
12 before December 31, 2018 by the Illinois Finance Authority
13 in which the State of Illinois is not obligated. Such
14 contracts shall be awarded through a competitive process
15 authorized by the Board of the Illinois Finance Authority
16 and are subject to Sections 5-30, 20-160, 50-13, 50-20,
17 50-35, and 50-37 of this Code, as well as the final
18 approval by the Board of the Illinois Finance Authority of
19 the terms of the contract.
20 Notwithstanding any other provision of law, contracts
21entered into under item (12) of this subsection (b) shall be
22published in the Procurement Bulletin within 14 days after
23contract execution. The chief procurement officer shall
24prescribe the form and content of the notice. The Illinois
25Finance Authority shall provide the chief procurement officer,
26on a monthly basis, in the form and content prescribed by the

HB5597- 275 -LRB098 15874 AMC 50917 b
1chief procurement officer, a report of contracts that are
2related to the procurement of goods and services identified in
3item (12) of this subsection (b). At a minimum, this report
4shall include the name of the contractor, a description of the
5supply or service provided, the total amount of the contract,
6the term of the contract, and the exception to the Code
7utilized. A copy of each of these contracts shall be made
8available to the chief procurement officer immediately upon
9request. The chief procurement officer shall submit a report to
10the Governor and General Assembly no later than November 1 of
11each year that shall include, at a minimum, an annual summary
12of the monthly information reported to the chief procurement
13officer.
14 (c) This Code does not apply to the electric power
15procurement process provided for under Section 1-75 of the
16Illinois Power Agency Act and Section 16-111.5 of the Public
17Utilities Act.
18 (d) Except for Section 20-160 and Article 50 of this Code,
19and as expressly required by Section 9.1 of the Illinois
20Lottery Law, the provisions of this Code do not apply to the
21procurement process provided for under Section 9.1 of the
22Illinois Lottery Law.
23 (e) This Code does not apply to the process used by the
24Capital Development Board to retain a person or entity to
25assist the Capital Development Board with its duties related to
26the determination of costs of a clean coal SNG brownfield

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1facility, as defined by Section 1-10 of the Illinois Power
2Agency Act, as required in subsection (h-3) of Section 9-220 of
3the Public Utilities Act, including calculating the range of
4capital costs, the range of operating and maintenance costs, or
5the sequestration costs or monitoring the construction of clean
6coal SNG brownfield facility for the full duration of
7construction.
8 (f) This Code does not apply to the process used by the
9Illinois Power Agency to retain a mediator to mediate sourcing
10agreement disputes between gas utilities and the clean coal SNG
11brownfield facility, as defined in Section 1-10 of the Illinois
12Power Agency Act, as required under subsection (h-1) of Section
139-220 of the Public Utilities Act.
14 (g) This Code does not apply to the processes used by the
15Illinois Power Agency to retain a mediator to mediate contract
16disputes between gas utilities and the clean coal SNG facility
17and to retain an expert to assist in the review of contracts
18under subsection (h) of Section 9-220 of the Public Utilities
19Act. This Code does not apply to the process used by the
20Illinois Commerce Commission to retain an expert to assist in
21determining the actual incurred costs of the clean coal SNG
22facility and the reasonableness of those costs as required
23under subsection (h) of Section 9-220 of the Public Utilities
24Act.
25 (h) This Code does not apply to the process to procure or
26contracts entered into in accordance with Sections 11-5.2 and

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111-5.3 of the Illinois Public Aid Code.
2 (i) Each chief procurement officer may access records
3necessary to review whether a contract, purchase, or other
4expenditure is or is not subject to the provisions of this
5Code, unless such records would be subject to attorney-client
6privilege.
7 (j) This Code does not apply to the process used by the
8Capital Development Board to retain an artist or work or works
9of art as required in Section 14 of the Capital Development
10Board Act.
11(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
12eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
1397-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
1498-572, eff. 1-1-14; revised 9-9-13.)
15 Section 165. The State Mandates Act is amended by changing
16Section 8.37 as follows:
17 (30 ILCS 805/8.37)
18 Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8
19of this Act, no reimbursement by the State is required for the
20implementation of any mandate created by Public Act 98-218,
2198-389, 98-391, 98-427, 98-599, or 98-622 this amendatory Act
22of the 98th General Assembly.
23(Source: P.A. 98-218, eff. 8-9-13; 98-389, eff. 8-16-13;
2498-391, eff. 8-16-13; 98-427, eff. 8-16-13; 98-599, eff.

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16-1-14; 98-622, eff. 6-1-14; revised 1-15-14.)
2 Section 170. The Illinois Income Tax Act is amended by
3changing Sections 201 and 304 as follows:
4 (35 ILCS 5/201) (from Ch. 120, par. 2-201)
5 Sec. 201. Tax Imposed.
6 (a) In general. A tax measured by net income is hereby
7imposed on every individual, corporation, trust and estate for
8each taxable year ending after July 31, 1969 on the privilege
9of earning or receiving income in or as a resident of this
10State. Such tax shall be in addition to all other occupation or
11privilege taxes imposed by this State or by any municipal
12corporation or political subdivision thereof.
13 (b) Rates. The tax imposed by subsection (a) of this
14Section shall be determined as follows, except as adjusted by
15subsection (d-1):
16 (1) In the case of an individual, trust or estate, for
17 taxable years ending prior to July 1, 1989, an amount equal
18 to 2 1/2% of the taxpayer's net income for the taxable
19 year.
20 (2) In the case of an individual, trust or estate, for
21 taxable years beginning prior to July 1, 1989 and ending
22 after June 30, 1989, an amount equal to the sum of (i) 2
23 1/2% of the taxpayer's net income for the period prior to
24 July 1, 1989, as calculated under Section 202.3, and (ii)

HB5597- 279 -LRB098 15874 AMC 50917 b
1 3% of the taxpayer's net income for the period after June
2 30, 1989, as calculated under Section 202.3.
3 (3) In the case of an individual, trust or estate, for
4 taxable years beginning after June 30, 1989, and ending
5 prior to January 1, 2011, an amount equal to 3% of the
6 taxpayer's net income for the taxable year.
7 (4) In the case of an individual, trust, or estate, for
8 taxable years beginning prior to January 1, 2011, and
9 ending after December 31, 2010, an amount equal to the sum
10 of (i) 3% of the taxpayer's net income for the period prior
11 to January 1, 2011, as calculated under Section 202.5, and
12 (ii) 5% of the taxpayer's net income for the period after
13 December 31, 2010, as calculated under Section 202.5.
14 (5) In the case of an individual, trust, or estate, for
15 taxable years beginning on or after January 1, 2011, and
16 ending prior to January 1, 2015, an amount equal to 5% of
17 the taxpayer's net income for the taxable year.
18 (5.1) In the case of an individual, trust, or estate,
19 for taxable years beginning prior to January 1, 2015, and
20 ending after December 31, 2014, an amount equal to the sum
21 of (i) 5% of the taxpayer's net income for the period prior
22 to January 1, 2015, as calculated under Section 202.5, and
23 (ii) 3.75% of the taxpayer's net income for the period
24 after December 31, 2014, as calculated under Section 202.5.
25 (5.2) In the case of an individual, trust, or estate,
26 for taxable years beginning on or after January 1, 2015,

HB5597- 280 -LRB098 15874 AMC 50917 b
1 and ending prior to January 1, 2025, an amount equal to
2 3.75% of the taxpayer's net income for the taxable year.
3 (5.3) In the case of an individual, trust, or estate,
4 for taxable years beginning prior to January 1, 2025, and
5 ending after December 31, 2024, an amount equal to the sum
6 of (i) 3.75% of the taxpayer's net income for the period
7 prior to January 1, 2025, as calculated under Section
8 202.5, and (ii) 3.25% of the taxpayer's net income for the
9 period after December 31, 2024, as calculated under Section
10 202.5.
11 (5.4) In the case of an individual, trust, or estate,
12 for taxable years beginning on or after January 1, 2025, an
13 amount equal to 3.25% of the taxpayer's net income for the
14 taxable year.
15 (6) In the case of a corporation, for taxable years
16 ending prior to July 1, 1989, an amount equal to 4% of the
17 taxpayer's net income for the taxable year.
18 (7) In the case of a corporation, for taxable years
19 beginning prior to July 1, 1989 and ending after June 30,
20 1989, an amount equal to the sum of (i) 4% of the
21 taxpayer's net income for the period prior to July 1, 1989,
22 as calculated under Section 202.3, and (ii) 4.8% of the
23 taxpayer's net income for the period after June 30, 1989,
24 as calculated under Section 202.3.
25 (8) In the case of a corporation, for taxable years
26 beginning after June 30, 1989, and ending prior to January

HB5597- 281 -LRB098 15874 AMC 50917 b
1 1, 2011, an amount equal to 4.8% of the taxpayer's net
2 income for the taxable year.
3 (9) In the case of a corporation, for taxable years
4 beginning prior to January 1, 2011, and ending after
5 December 31, 2010, an amount equal to the sum of (i) 4.8%
6 of the taxpayer's net income for the period prior to
7 January 1, 2011, as calculated under Section 202.5, and
8 (ii) 7% of the taxpayer's net income for the period after
9 December 31, 2010, as calculated under Section 202.5.
10 (10) In the case of a corporation, for taxable years
11 beginning on or after January 1, 2011, and ending prior to
12 January 1, 2015, an amount equal to 7% of the taxpayer's
13 net income for the taxable year.
14 (11) In the case of a corporation, for taxable years
15 beginning prior to January 1, 2015, and ending after
16 December 31, 2014, an amount equal to the sum of (i) 7% of
17 the taxpayer's net income for the period prior to January
18 1, 2015, as calculated under Section 202.5, and (ii) 5.25%
19 of the taxpayer's net income for the period after December
20 31, 2014, as calculated under Section 202.5.
21 (12) In the case of a corporation, for taxable years
22 beginning on or after January 1, 2015, and ending prior to
23 January 1, 2025, an amount equal to 5.25% of the taxpayer's
24 net income for the taxable year.
25 (13) In the case of a corporation, for taxable years
26 beginning prior to January 1, 2025, and ending after

HB5597- 282 -LRB098 15874 AMC 50917 b
1 December 31, 2024, an amount equal to the sum of (i) 5.25%
2 of the taxpayer's net income for the period prior to
3 January 1, 2025, as calculated under Section 202.5, and
4 (ii) 4.8% of the taxpayer's net income for the period after
5 December 31, 2024, as calculated under Section 202.5.
6 (14) In the case of a corporation, for taxable years
7 beginning on or after January 1, 2025, an amount equal to
8 4.8% of the taxpayer's net income for the taxable year.
9 The rates under this subsection (b) are subject to the
10provisions of Section 201.5.
11 (c) Personal Property Tax Replacement Income Tax.
12Beginning on July 1, 1979 and thereafter, in addition to such
13income tax, there is also hereby imposed the Personal Property
14Tax Replacement Income Tax measured by net income on every
15corporation (including Subchapter S corporations), partnership
16and trust, for each taxable year ending after June 30, 1979.
17Such taxes are imposed on the privilege of earning or receiving
18income in or as a resident of this State. The Personal Property
19Tax Replacement Income Tax shall be in addition to the income
20tax imposed by subsections (a) and (b) of this Section and in
21addition to all other occupation or privilege taxes imposed by
22this State or by any municipal corporation or political
23subdivision thereof.
24 (d) Additional Personal Property Tax Replacement Income
25Tax Rates. The personal property tax replacement income tax
26imposed by this subsection and subsection (c) of this Section

HB5597- 283 -LRB098 15874 AMC 50917 b
1in the case of a corporation, other than a Subchapter S
2corporation and except as adjusted by subsection (d-1), shall
3be an additional amount equal to 2.85% of such taxpayer's net
4income for the taxable year, except that beginning on January
51, 1981, and thereafter, the rate of 2.85% specified in this
6subsection shall be reduced to 2.5%, and in the case of a
7partnership, trust or a Subchapter S corporation shall be an
8additional amount equal to 1.5% of such taxpayer's net income
9for the taxable year.
10 (d-1) Rate reduction for certain foreign insurers. In the
11case of a foreign insurer, as defined by Section 35A-5 of the
12Illinois Insurance Code, whose state or country of domicile
13imposes on insurers domiciled in Illinois a retaliatory tax
14(excluding any insurer whose premiums from reinsurance assumed
15are 50% or more of its total insurance premiums as determined
16under paragraph (2) of subsection (b) of Section 304, except
17that for purposes of this determination premiums from
18reinsurance do not include premiums from inter-affiliate
19reinsurance arrangements), beginning with taxable years ending
20on or after December 31, 1999, the sum of the rates of tax
21imposed by subsections (b) and (d) shall be reduced (but not
22increased) to the rate at which the total amount of tax imposed
23under this Act, net of all credits allowed under this Act,
24shall equal (i) the total amount of tax that would be imposed
25on the foreign insurer's net income allocable to Illinois for
26the taxable year by such foreign insurer's state or country of

HB5597- 284 -LRB098 15874 AMC 50917 b
1domicile if that net income were subject to all income taxes
2and taxes measured by net income imposed by such foreign
3insurer's state or country of domicile, net of all credits
4allowed or (ii) a rate of zero if no such tax is imposed on such
5income by the foreign insurer's state of domicile. For the
6purposes of this subsection (d-1), an inter-affiliate includes
7a mutual insurer under common management.
8 (1) For the purposes of subsection (d-1), in no event
9 shall the sum of the rates of tax imposed by subsections
10 (b) and (d) be reduced below the rate at which the sum of:
11 (A) the total amount of tax imposed on such foreign
12 insurer under this Act for a taxable year, net of all
13 credits allowed under this Act, plus
14 (B) the privilege tax imposed by Section 409 of the
15 Illinois Insurance Code, the fire insurance company
16 tax imposed by Section 12 of the Fire Investigation
17 Act, and the fire department taxes imposed under
18 Section 11-10-1 of the Illinois Municipal Code,
19 equals 1.25% for taxable years ending prior to December 31,
20 2003, or 1.75% for taxable years ending on or after
21 December 31, 2003, of the net taxable premiums written for
22 the taxable year, as described by subsection (1) of Section
23 409 of the Illinois Insurance Code. This paragraph will in
24 no event increase the rates imposed under subsections (b)
25 and (d).
26 (2) Any reduction in the rates of tax imposed by this

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1 subsection shall be applied first against the rates imposed
2 by subsection (b) and only after the tax imposed by
3 subsection (a) net of all credits allowed under this
4 Section other than the credit allowed under subsection (i)
5 has been reduced to zero, against the rates imposed by
6 subsection (d).
7 This subsection (d-1) is exempt from the provisions of
8Section 250.
9 (e) Investment credit. A taxpayer shall be allowed a credit
10against the Personal Property Tax Replacement Income Tax for
11investment in qualified property.
12 (1) A taxpayer shall be allowed a credit equal to .5%
13 of the basis of qualified property placed in service during
14 the taxable year, provided such property is placed in
15 service on or after July 1, 1984. There shall be allowed an
16 additional credit equal to .5% of the basis of qualified
17 property placed in service during the taxable year,
18 provided such property is placed in service on or after
19 July 1, 1986, and the taxpayer's base employment within
20 Illinois has increased by 1% or more over the preceding
21 year as determined by the taxpayer's employment records
22 filed with the Illinois Department of Employment Security.
23 Taxpayers who are new to Illinois shall be deemed to have
24 met the 1% growth in base employment for the first year in
25 which they file employment records with the Illinois
26 Department of Employment Security. The provisions added to

HB5597- 286 -LRB098 15874 AMC 50917 b
1 this Section by Public Act 85-1200 (and restored by Public
2 Act 87-895) shall be construed as declaratory of existing
3 law and not as a new enactment. If, in any year, the
4 increase in base employment within Illinois over the
5 preceding year is less than 1%, the additional credit shall
6 be limited to that percentage times a fraction, the
7 numerator of which is .5% and the denominator of which is
8 1%, but shall not exceed .5%. The investment credit shall
9 not be allowed to the extent that it would reduce a
10 taxpayer's liability in any tax year below zero, nor may
11 any credit for qualified property be allowed for any year
12 other than the year in which the property was placed in
13 service in Illinois. For tax years ending on or after
14 December 31, 1987, and on or before December 31, 1988, the
15 credit shall be allowed for the tax year in which the
16 property is placed in service, or, if the amount of the
17 credit exceeds the tax liability for that year, whether it
18 exceeds the original liability or the liability as later
19 amended, such excess may be carried forward and applied to
20 the tax liability of the 5 taxable years following the
21 excess credit years if the taxpayer (i) makes investments
22 which cause the creation of a minimum of 2,000 full-time
23 equivalent jobs in Illinois, (ii) is located in an
24 enterprise zone established pursuant to the Illinois
25 Enterprise Zone Act and (iii) is certified by the
26 Department of Commerce and Community Affairs (now

HB5597- 287 -LRB098 15874 AMC 50917 b
1 Department of Commerce and Economic Opportunity) as
2 complying with the requirements specified in clause (i) and
3 (ii) by July 1, 1986. The Department of Commerce and
4 Community Affairs (now Department of Commerce and Economic
5 Opportunity) shall notify the Department of Revenue of all
6 such certifications immediately. For tax years ending
7 after December 31, 1988, the credit shall be allowed for
8 the tax year in which the property is placed in service,
9 or, if the amount of the credit exceeds the tax liability
10 for that year, whether it exceeds the original liability or
11 the liability as later amended, such excess may be carried
12 forward and applied to the tax liability of the 5 taxable
13 years following the excess credit years. The credit shall
14 be applied to the earliest year for which there is a
15 liability. If there is credit from more than one tax year
16 that is available to offset a liability, earlier credit
17 shall be applied first.
18 (2) The term "qualified property" means property
19 which:
20 (A) is tangible, whether new or used, including
21 buildings and structural components of buildings and
22 signs that are real property, but not including land or
23 improvements to real property that are not a structural
24 component of a building such as landscaping, sewer
25 lines, local access roads, fencing, parking lots, and
26 other appurtenances;

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1 (B) is depreciable pursuant to Section 167 of the
2 Internal Revenue Code, except that "3-year property"
3 as defined in Section 168(c)(2)(A) of that Code is not
4 eligible for the credit provided by this subsection
5 (e);
6 (C) is acquired by purchase as defined in Section
7 179(d) of the Internal Revenue Code;
8 (D) is used in Illinois by a taxpayer who is
9 primarily engaged in manufacturing, or in mining coal
10 or fluorite, or in retailing, or was placed in service
11 on or after July 1, 2006 in a River Edge Redevelopment
12 Zone established pursuant to the River Edge
13 Redevelopment Zone Act; and
14 (E) has not previously been used in Illinois in
15 such a manner and by such a person as would qualify for
16 the credit provided by this subsection (e) or
17 subsection (f).
18 (3) For purposes of this subsection (e),
19 "manufacturing" means the material staging and production
20 of tangible personal property by procedures commonly
21 regarded as manufacturing, processing, fabrication, or
22 assembling which changes some existing material into new
23 shapes, new qualities, or new combinations. For purposes of
24 this subsection (e) the term "mining" shall have the same
25 meaning as the term "mining" in Section 613(c) of the
26 Internal Revenue Code. For purposes of this subsection (e),

HB5597- 289 -LRB098 15874 AMC 50917 b
1 the term "retailing" means the sale of tangible personal
2 property for use or consumption and not for resale, or
3 services rendered in conjunction with the sale of tangible
4 personal property for use or consumption and not for
5 resale. For purposes of this subsection (e), "tangible
6 personal property" has the same meaning as when that term
7 is used in the Retailers' Occupation Tax Act, and, for
8 taxable years ending after December 31, 2008, does not
9 include the generation, transmission, or distribution of
10 electricity.
11 (4) The basis of qualified property shall be the basis
12 used to compute the depreciation deduction for federal
13 income tax purposes.
14 (5) If the basis of the property for federal income tax
15 depreciation purposes is increased after it has been placed
16 in service in Illinois by the taxpayer, the amount of such
17 increase shall be deemed property placed in service on the
18 date of such increase in basis.
19 (6) The term "placed in service" shall have the same
20 meaning as under Section 46 of the Internal Revenue Code.
21 (7) If during any taxable year, any property ceases to
22 be qualified property in the hands of the taxpayer within
23 48 months after being placed in service, or the situs of
24 any qualified property is moved outside Illinois within 48
25 months after being placed in service, the Personal Property
26 Tax Replacement Income Tax for such taxable year shall be

HB5597- 290 -LRB098 15874 AMC 50917 b
1 increased. Such increase shall be determined by (i)
2 recomputing the investment credit which would have been
3 allowed for the year in which credit for such property was
4 originally allowed by eliminating such property from such
5 computation and, (ii) subtracting such recomputed credit
6 from the amount of credit previously allowed. For the
7 purposes of this paragraph (7), a reduction of the basis of
8 qualified property resulting from a redetermination of the
9 purchase price shall be deemed a disposition of qualified
10 property to the extent of such reduction.
11 (8) Unless the investment credit is extended by law,
12 the basis of qualified property shall not include costs
13 incurred after December 31, 2018, except for costs incurred
14 pursuant to a binding contract entered into on or before
15 December 31, 2018.
16 (9) Each taxable year ending before December 31, 2000,
17 a partnership may elect to pass through to its partners the
18 credits to which the partnership is entitled under this
19 subsection (e) for the taxable year. A partner may use the
20 credit allocated to him or her under this paragraph only
21 against the tax imposed in subsections (c) and (d) of this
22 Section. If the partnership makes that election, those
23 credits shall be allocated among the partners in the
24 partnership in accordance with the rules set forth in
25 Section 704(b) of the Internal Revenue Code, and the rules
26 promulgated under that Section, and the allocated amount of

HB5597- 291 -LRB098 15874 AMC 50917 b
1 the credits shall be allowed to the partners for that
2 taxable year. The partnership shall make this election on
3 its Personal Property Tax Replacement Income Tax return for
4 that taxable year. The election to pass through the credits
5 shall be irrevocable.
6 For taxable years ending on or after December 31, 2000,
7 a partner that qualifies its partnership for a subtraction
8 under subparagraph (I) of paragraph (2) of subsection (d)
9 of Section 203 or a shareholder that qualifies a Subchapter
10 S corporation for a subtraction under subparagraph (S) of
11 paragraph (2) of subsection (b) of Section 203 shall be
12 allowed a credit under this subsection (e) equal to its
13 share of the credit earned under this subsection (e) during
14 the taxable year by the partnership or Subchapter S
15 corporation, determined in accordance with the
16 determination of income and distributive share of income
17 under Sections 702 and 704 and Subchapter S of the Internal
18 Revenue Code. This paragraph is exempt from the provisions
19 of Section 250.
20 (f) Investment credit; Enterprise Zone; River Edge
21Redevelopment Zone.
22 (1) A taxpayer shall be allowed a credit against the
23 tax imposed by subsections (a) and (b) of this Section for
24 investment in qualified property which is placed in service
25 in an Enterprise Zone created pursuant to the Illinois
26 Enterprise Zone Act or, for property placed in service on

HB5597- 292 -LRB098 15874 AMC 50917 b
1 or after July 1, 2006, a River Edge Redevelopment Zone
2 established pursuant to the River Edge Redevelopment Zone
3 Act. For partners, shareholders of Subchapter S
4 corporations, and owners of limited liability companies,
5 if the liability company is treated as a partnership for
6 purposes of federal and State income taxation, there shall
7 be allowed a credit under this subsection (f) to be
8 determined in accordance with the determination of income
9 and distributive share of income under Sections 702 and 704
10 and Subchapter S of the Internal Revenue Code. The credit
11 shall be .5% of the basis for such property. The credit
12 shall be available only in the taxable year in which the
13 property is placed in service in the Enterprise Zone or
14 River Edge Redevelopment Zone and shall not be allowed to
15 the extent that it would reduce a taxpayer's liability for
16 the tax imposed by subsections (a) and (b) of this Section
17 to below zero. For tax years ending on or after December
18 31, 1985, the credit shall be allowed for the tax year in
19 which the property is placed in service, or, if the amount
20 of the credit exceeds the tax liability for that year,
21 whether it exceeds the original liability or the liability
22 as later amended, such excess may be carried forward and
23 applied to the tax liability of the 5 taxable years
24 following the excess credit year. The credit shall be
25 applied to the earliest year for which there is a
26 liability. If there is credit from more than one tax year

HB5597- 293 -LRB098 15874 AMC 50917 b
1 that is available to offset a liability, the credit
2 accruing first in time shall be applied first.
3 (2) The term qualified property means property which:
4 (A) is tangible, whether new or used, including
5 buildings and structural components of buildings;
6 (B) is depreciable pursuant to Section 167 of the
7 Internal Revenue Code, except that "3-year property"
8 as defined in Section 168(c)(2)(A) of that Code is not
9 eligible for the credit provided by this subsection
10 (f);
11 (C) is acquired by purchase as defined in Section
12 179(d) of the Internal Revenue Code;
13 (D) is used in the Enterprise Zone or River Edge
14 Redevelopment Zone by the taxpayer; and
15 (E) has not been previously used in Illinois in
16 such a manner and by such a person as would qualify for
17 the credit provided by this subsection (f) or
18 subsection (e).
19 (3) The basis of qualified property shall be the basis
20 used to compute the depreciation deduction for federal
21 income tax purposes.
22 (4) If the basis of the property for federal income tax
23 depreciation purposes is increased after it has been placed
24 in service in the Enterprise Zone or River Edge
25 Redevelopment Zone by the taxpayer, the amount of such
26 increase shall be deemed property placed in service on the

HB5597- 294 -LRB098 15874 AMC 50917 b
1 date of such increase in basis.
2 (5) The term "placed in service" shall have the same
3 meaning as under Section 46 of the Internal Revenue Code.
4 (6) If during any taxable year, any property ceases to
5 be qualified property in the hands of the taxpayer within
6 48 months after being placed in service, or the situs of
7 any qualified property is moved outside the Enterprise Zone
8 or River Edge Redevelopment Zone within 48 months after
9 being placed in service, the tax imposed under subsections
10 (a) and (b) of this Section for such taxable year shall be
11 increased. Such increase shall be determined by (i)
12 recomputing the investment credit which would have been
13 allowed for the year in which credit for such property was
14 originally allowed by eliminating such property from such
15 computation, and (ii) subtracting such recomputed credit
16 from the amount of credit previously allowed. For the
17 purposes of this paragraph (6), a reduction of the basis of
18 qualified property resulting from a redetermination of the
19 purchase price shall be deemed a disposition of qualified
20 property to the extent of such reduction.
21 (7) There shall be allowed an additional credit equal
22 to 0.5% of the basis of qualified property placed in
23 service during the taxable year in a River Edge
24 Redevelopment Zone, provided such property is placed in
25 service on or after July 1, 2006, and the taxpayer's base
26 employment within Illinois has increased by 1% or more over

HB5597- 295 -LRB098 15874 AMC 50917 b
1 the preceding year as determined by the taxpayer's
2 employment records filed with the Illinois Department of
3 Employment Security. Taxpayers who are new to Illinois
4 shall be deemed to have met the 1% growth in base
5 employment for the first year in which they file employment
6 records with the Illinois Department of Employment
7 Security. If, in any year, the increase in base employment
8 within Illinois over the preceding year is less than 1%,
9 the additional credit shall be limited to that percentage
10 times a fraction, the numerator of which is 0.5% and the
11 denominator of which is 1%, but shall not exceed 0.5%.
12 (g) (Blank).
13 (h) Investment credit; High Impact Business.
14 (1) Subject to subsections (b) and (b-5) of Section 5.5
15 of the Illinois Enterprise Zone Act, a taxpayer shall be
16 allowed a credit against the tax imposed by subsections (a)
17 and (b) of this Section for investment in qualified
18 property which is placed in service by a Department of
19 Commerce and Economic Opportunity designated High Impact
20 Business. The credit shall be .5% of the basis for such
21 property. The credit shall not be available (i) until the
22 minimum investments in qualified property set forth in
23 subdivision (a)(3)(A) of Section 5.5 of the Illinois
24 Enterprise Zone Act have been satisfied or (ii) until the
25 time authorized in subsection (b-5) of the Illinois
26 Enterprise Zone Act for entities designated as High Impact

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1 Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
2 (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
3 Act, and shall not be allowed to the extent that it would
4 reduce a taxpayer's liability for the tax imposed by
5 subsections (a) and (b) of this Section to below zero. The
6 credit applicable to such investments shall be taken in the
7 taxable year in which such investments have been completed.
8 The credit for additional investments beyond the minimum
9 investment by a designated high impact business authorized
10 under subdivision (a)(3)(A) of Section 5.5 of the Illinois
11 Enterprise Zone Act shall be available only in the taxable
12 year in which the property is placed in service and shall
13 not be allowed to the extent that it would reduce a
14 taxpayer's liability for the tax imposed by subsections (a)
15 and (b) of this Section to below zero. For tax years ending
16 on or after December 31, 1987, the credit shall be allowed
17 for the tax year in which the property is placed in
18 service, or, if the amount of the credit exceeds the tax
19 liability for that year, whether it exceeds the original
20 liability or the liability as later amended, such excess
21 may be carried forward and applied to the tax liability of
22 the 5 taxable years following the excess credit year. The
23 credit shall be applied to the earliest year for which
24 there is a liability. If there is credit from more than one
25 tax year that is available to offset a liability, the
26 credit accruing first in time shall be applied first.

HB5597- 297 -LRB098 15874 AMC 50917 b
1 Changes made in this subdivision (h)(1) by Public Act
2 88-670 restore changes made by Public Act 85-1182 and
3 reflect existing law.
4 (2) The term qualified property means property which:
5 (A) is tangible, whether new or used, including
6 buildings and structural components of buildings;
7 (B) is depreciable pursuant to Section 167 of the
8 Internal Revenue Code, except that "3-year property"
9 as defined in Section 168(c)(2)(A) of that Code is not
10 eligible for the credit provided by this subsection
11 (h);
12 (C) is acquired by purchase as defined in Section
13 179(d) of the Internal Revenue Code; and
14 (D) is not eligible for the Enterprise Zone
15 Investment Credit provided by subsection (f) of this
16 Section.
17 (3) The basis of qualified property shall be the basis
18 used to compute the depreciation deduction for federal
19 income tax purposes.
20 (4) If the basis of the property for federal income tax
21 depreciation purposes is increased after it has been placed
22 in service in a federally designated Foreign Trade Zone or
23 Sub-Zone located in Illinois by the taxpayer, the amount of
24 such increase shall be deemed property placed in service on
25 the date of such increase in basis.
26 (5) The term "placed in service" shall have the same

HB5597- 298 -LRB098 15874 AMC 50917 b
1 meaning as under Section 46 of the Internal Revenue Code.
2 (6) If during any taxable year ending on or before
3 December 31, 1996, any property ceases to be qualified
4 property in the hands of the taxpayer within 48 months
5 after being placed in service, or the situs of any
6 qualified property is moved outside Illinois within 48
7 months after being placed in service, the tax imposed under
8 subsections (a) and (b) of this Section for such taxable
9 year shall be increased. Such increase shall be determined
10 by (i) recomputing the investment credit which would have
11 been allowed for the year in which credit for such property
12 was originally allowed by eliminating such property from
13 such computation, and (ii) subtracting such recomputed
14 credit from the amount of credit previously allowed. For
15 the purposes of this paragraph (6), a reduction of the
16 basis of qualified property resulting from a
17 redetermination of the purchase price shall be deemed a
18 disposition of qualified property to the extent of such
19 reduction.
20 (7) Beginning with tax years ending after December 31,
21 1996, if a taxpayer qualifies for the credit under this
22 subsection (h) and thereby is granted a tax abatement and
23 the taxpayer relocates its entire facility in violation of
24 the explicit terms and length of the contract under Section
25 18-183 of the Property Tax Code, the tax imposed under
26 subsections (a) and (b) of this Section shall be increased

HB5597- 299 -LRB098 15874 AMC 50917 b
1 for the taxable year in which the taxpayer relocated its
2 facility by an amount equal to the amount of credit
3 received by the taxpayer under this subsection (h).
4 (i) Credit for Personal Property Tax Replacement Income
5Tax. For tax years ending prior to December 31, 2003, a credit
6shall be allowed against the tax imposed by subsections (a) and
7(b) of this Section for the tax imposed by subsections (c) and
8(d) of this Section. This credit shall be computed by
9multiplying the tax imposed by subsections (c) and (d) of this
10Section by a fraction, the numerator of which is base income
11allocable to Illinois and the denominator of which is Illinois
12base income, and further multiplying the product by the tax
13rate imposed by subsections (a) and (b) of this Section.
14 Any credit earned on or after December 31, 1986 under this
15subsection which is unused in the year the credit is computed
16because it exceeds the tax liability imposed by subsections (a)
17and (b) for that year (whether it exceeds the original
18liability or the liability as later amended) may be carried
19forward and applied to the tax liability imposed by subsections
20(a) and (b) of the 5 taxable years following the excess credit
21year, provided that no credit may be carried forward to any
22year ending on or after December 31, 2003. This credit shall be
23applied first to the earliest year for which there is a
24liability. If there is a credit under this subsection from more
25than one tax year that is available to offset a liability the
26earliest credit arising under this subsection shall be applied

HB5597- 300 -LRB098 15874 AMC 50917 b
1first.
2 If, during any taxable year ending on or after December 31,
31986, the tax imposed by subsections (c) and (d) of this
4Section for which a taxpayer has claimed a credit under this
5subsection (i) is reduced, the amount of credit for such tax
6shall also be reduced. Such reduction shall be determined by
7recomputing the credit to take into account the reduced tax
8imposed by subsections (c) and (d). If any portion of the
9reduced amount of credit has been carried to a different
10taxable year, an amended return shall be filed for such taxable
11year to reduce the amount of credit claimed.
12 (j) Training expense credit. Beginning with tax years
13ending on or after December 31, 1986 and prior to December 31,
142003, a taxpayer shall be allowed a credit against the tax
15imposed by subsections (a) and (b) under this Section for all
16amounts paid or accrued, on behalf of all persons employed by
17the taxpayer in Illinois or Illinois residents employed outside
18of Illinois by a taxpayer, for educational or vocational
19training in semi-technical or technical fields or semi-skilled
20or skilled fields, which were deducted from gross income in the
21computation of taxable income. The credit against the tax
22imposed by subsections (a) and (b) shall be 1.6% of such
23training expenses. For partners, shareholders of subchapter S
24corporations, and owners of limited liability companies, if the
25liability company is treated as a partnership for purposes of
26federal and State income taxation, there shall be allowed a

HB5597- 301 -LRB098 15874 AMC 50917 b
1credit under this subsection (j) to be determined in accordance
2with the determination of income and distributive share of
3income under Sections 702 and 704 and subchapter S of the
4Internal Revenue Code.
5 Any credit allowed under this subsection which is unused in
6the year the credit is earned may be carried forward to each of
7the 5 taxable years following the year for which the credit is
8first computed until it is used. This credit shall be applied
9first to the earliest year for which there is a liability. If
10there is a credit under this subsection from more than one tax
11year that is available to offset a liability the earliest
12credit arising under this subsection shall be applied first. No
13carryforward credit may be claimed in any tax year ending on or
14after December 31, 2003.
15 (k) Research and development credit. For tax years ending
16after July 1, 1990 and prior to December 31, 2003, and
17beginning again for tax years ending on or after December 31,
182004, and ending prior to January 1, 2016, a taxpayer shall be
19allowed a credit against the tax imposed by subsections (a) and
20(b) of this Section for increasing research activities in this
21State. The credit allowed against the tax imposed by
22subsections (a) and (b) shall be equal to 6 1/2% of the
23qualifying expenditures for increasing research activities in
24this State. For partners, shareholders of subchapter S
25corporations, and owners of limited liability companies, if the
26liability company is treated as a partnership for purposes of

HB5597- 302 -LRB098 15874 AMC 50917 b
1federal and State income taxation, there shall be allowed a
2credit under this subsection to be determined in accordance
3with the determination of income and distributive share of
4income under Sections 702 and 704 and subchapter S of the
5Internal Revenue Code.
6 For purposes of this subsection, "qualifying expenditures"
7means the qualifying expenditures as defined for the federal
8credit for increasing research activities which would be
9allowable under Section 41 of the Internal Revenue Code and
10which are conducted in this State, "qualifying expenditures for
11increasing research activities in this State" means the excess
12of qualifying expenditures for the taxable year in which
13incurred over qualifying expenditures for the base period,
14"qualifying expenditures for the base period" means the average
15of the qualifying expenditures for each year in the base
16period, and "base period" means the 3 taxable years immediately
17preceding the taxable year for which the determination is being
18made.
19 Any credit in excess of the tax liability for the taxable
20year may be carried forward. A taxpayer may elect to have the
21unused credit shown on its final completed return carried over
22as a credit against the tax liability for the following 5
23taxable years or until it has been fully used, whichever occurs
24first; provided that no credit earned in a tax year ending
25prior to December 31, 2003 may be carried forward to any year
26ending on or after December 31, 2003.

HB5597- 303 -LRB098 15874 AMC 50917 b
1 If an unused credit is carried forward to a given year from
22 or more earlier years, that credit arising in the earliest
3year will be applied first against the tax liability for the
4given year. If a tax liability for the given year still
5remains, the credit from the next earliest year will then be
6applied, and so on, until all credits have been used or no tax
7liability for the given year remains. Any remaining unused
8credit or credits then will be carried forward to the next
9following year in which a tax liability is incurred, except
10that no credit can be carried forward to a year which is more
11than 5 years after the year in which the expense for which the
12credit is given was incurred.
13 No inference shall be drawn from this amendatory Act of the
1491st General Assembly in construing this Section for taxable
15years beginning before January 1, 1999.
16 (l) Environmental Remediation Tax Credit.
17 (i) For tax years ending after December 31, 1997 and on
18 or before December 31, 2001, a taxpayer shall be allowed a
19 credit against the tax imposed by subsections (a) and (b)
20 of this Section for certain amounts paid for unreimbursed
21 eligible remediation costs, as specified in this
22 subsection. For purposes of this Section, "unreimbursed
23 eligible remediation costs" means costs approved by the
24 Illinois Environmental Protection Agency ("Agency") under
25 Section 58.14 of the Environmental Protection Act that were
26 paid in performing environmental remediation at a site for

HB5597- 304 -LRB098 15874 AMC 50917 b
1 which a No Further Remediation Letter was issued by the
2 Agency and recorded under Section 58.10 of the
3 Environmental Protection Act. The credit must be claimed
4 for the taxable year in which Agency approval of the
5 eligible remediation costs is granted. The credit is not
6 available to any taxpayer if the taxpayer or any related
7 party caused or contributed to, in any material respect, a
8 release of regulated substances on, in, or under the site
9 that was identified and addressed by the remedial action
10 pursuant to the Site Remediation Program of the
11 Environmental Protection Act. After the Pollution Control
12 Board rules are adopted pursuant to the Illinois
13 Administrative Procedure Act for the administration and
14 enforcement of Section 58.9 of the Environmental
15 Protection Act, determinations as to credit availability
16 for purposes of this Section shall be made consistent with
17 those rules. For purposes of this Section, "taxpayer"
18 includes a person whose tax attributes the taxpayer has
19 succeeded to under Section 381 of the Internal Revenue Code
20 and "related party" includes the persons disallowed a
21 deduction for losses by paragraphs (b), (c), and (f)(1) of
22 Section 267 of the Internal Revenue Code by virtue of being
23 a related taxpayer, as well as any of its partners. The
24 credit allowed against the tax imposed by subsections (a)
25 and (b) shall be equal to 25% of the unreimbursed eligible
26 remediation costs in excess of $100,000 per site, except

HB5597- 305 -LRB098 15874 AMC 50917 b
1 that the $100,000 threshold shall not apply to any site
2 contained in an enterprise zone as determined by the
3 Department of Commerce and Community Affairs (now
4 Department of Commerce and Economic Opportunity). The
5 total credit allowed shall not exceed $40,000 per year with
6 a maximum total of $150,000 per site. For partners and
7 shareholders of subchapter S corporations, there shall be
8 allowed a credit under this subsection to be determined in
9 accordance with the determination of income and
10 distributive share of income under Sections 702 and 704 and
11 subchapter S of the Internal Revenue Code.
12 (ii) A credit allowed under this subsection that is
13 unused in the year the credit is earned may be carried
14 forward to each of the 5 taxable years following the year
15 for which the credit is first earned until it is used. The
16 term "unused credit" does not include any amounts of
17 unreimbursed eligible remediation costs in excess of the
18 maximum credit per site authorized under paragraph (i).
19 This credit shall be applied first to the earliest year for
20 which there is a liability. If there is a credit under this
21 subsection from more than one tax year that is available to
22 offset a liability, the earliest credit arising under this
23 subsection shall be applied first. A credit allowed under
24 this subsection may be sold to a buyer as part of a sale of
25 all or part of the remediation site for which the credit
26 was granted. The purchaser of a remediation site and the

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1 tax credit shall succeed to the unused credit and remaining
2 carry-forward period of the seller. To perfect the
3 transfer, the assignor shall record the transfer in the
4 chain of title for the site and provide written notice to
5 the Director of the Illinois Department of Revenue of the
6 assignor's intent to sell the remediation site and the
7 amount of the tax credit to be transferred as a portion of
8 the sale. In no event may a credit be transferred to any
9 taxpayer if the taxpayer or a related party would not be
10 eligible under the provisions of subsection (i).
11 (iii) For purposes of this Section, the term "site"
12 shall have the same meaning as under Section 58.2 of the
13 Environmental Protection Act.
14 (m) Education expense credit. Beginning with tax years
15ending after December 31, 1999, a taxpayer who is the custodian
16of one or more qualifying pupils shall be allowed a credit
17against the tax imposed by subsections (a) and (b) of this
18Section for qualified education expenses incurred on behalf of
19the qualifying pupils. The credit shall be equal to 25% of
20qualified education expenses, but in no event may the total
21credit under this subsection claimed by a family that is the
22custodian of qualifying pupils exceed $500. In no event shall a
23credit under this subsection reduce the taxpayer's liability
24under this Act to less than zero. This subsection is exempt
25from the provisions of Section 250 of this Act.
26 For purposes of this subsection:

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1 "Qualifying pupils" means individuals who (i) are
2residents of the State of Illinois, (ii) are under the age of
321 at the close of the school year for which a credit is
4sought, and (iii) during the school year for which a credit is
5sought were full-time pupils enrolled in a kindergarten through
6twelfth grade education program at any school, as defined in
7this subsection.
8 "Qualified education expense" means the amount incurred on
9behalf of a qualifying pupil in excess of $250 for tuition,
10book fees, and lab fees at the school in which the pupil is
11enrolled during the regular school year.
12 "School" means any public or nonpublic elementary or
13secondary school in Illinois that is in compliance with Title
14VI of the Civil Rights Act of 1964 and attendance at which
15satisfies the requirements of Section 26-1 of the School Code,
16except that nothing shall be construed to require a child to
17attend any particular public or nonpublic school to qualify for
18the credit under this Section.
19 "Custodian" means, with respect to qualifying pupils, an
20Illinois resident who is a parent, the parents, a legal
21guardian, or the legal guardians of the qualifying pupils.
22 (n) River Edge Redevelopment Zone site remediation tax
23credit.
24 (i) For tax years ending on or after December 31, 2006,
25 a taxpayer shall be allowed a credit against the tax
26 imposed by subsections (a) and (b) of this Section for

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1 certain amounts paid for unreimbursed eligible remediation
2 costs, as specified in this subsection. For purposes of
3 this Section, "unreimbursed eligible remediation costs"
4 means costs approved by the Illinois Environmental
5 Protection Agency ("Agency") under Section 58.14a of the
6 Environmental Protection Act that were paid in performing
7 environmental remediation at a site within a River Edge
8 Redevelopment Zone for which a No Further Remediation
9 Letter was issued by the Agency and recorded under Section
10 58.10 of the Environmental Protection Act. The credit must
11 be claimed for the taxable year in which Agency approval of
12 the eligible remediation costs is granted. The credit is
13 not available to any taxpayer if the taxpayer or any
14 related party caused or contributed to, in any material
15 respect, a release of regulated substances on, in, or under
16 the site that was identified and addressed by the remedial
17 action pursuant to the Site Remediation Program of the
18 Environmental Protection Act. Determinations as to credit
19 availability for purposes of this Section shall be made
20 consistent with rules adopted by the Pollution Control
21 Board pursuant to the Illinois Administrative Procedure
22 Act for the administration and enforcement of Section 58.9
23 of the Environmental Protection Act. For purposes of this
24 Section, "taxpayer" includes a person whose tax attributes
25 the taxpayer has succeeded to under Section 381 of the
26 Internal Revenue Code and "related party" includes the

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1 persons disallowed a deduction for losses by paragraphs
2 (b), (c), and (f)(1) of Section 267 of the Internal Revenue
3 Code by virtue of being a related taxpayer, as well as any
4 of its partners. The credit allowed against the tax imposed
5 by subsections (a) and (b) shall be equal to 25% of the
6 unreimbursed eligible remediation costs in excess of
7 $100,000 per site.
8 (ii) A credit allowed under this subsection that is
9 unused in the year the credit is earned may be carried
10 forward to each of the 5 taxable years following the year
11 for which the credit is first earned until it is used. This
12 credit shall be applied first to the earliest year for
13 which there is a liability. If there is a credit under this
14 subsection from more than one tax year that is available to
15 offset a liability, the earliest credit arising under this
16 subsection shall be applied first. A credit allowed under
17 this subsection may be sold to a buyer as part of a sale of
18 all or part of the remediation site for which the credit
19 was granted. The purchaser of a remediation site and the
20 tax credit shall succeed to the unused credit and remaining
21 carry-forward period of the seller. To perfect the
22 transfer, the assignor shall record the transfer in the
23 chain of title for the site and provide written notice to
24 the Director of the Illinois Department of Revenue of the
25 assignor's intent to sell the remediation site and the
26 amount of the tax credit to be transferred as a portion of

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1 the sale. In no event may a credit be transferred to any
2 taxpayer if the taxpayer or a related party would not be
3 eligible under the provisions of subsection (i).
4 (iii) For purposes of this Section, the term "site"
5 shall have the same meaning as under Section 58.2 of the
6 Environmental Protection Act.
7 (o) For each of taxable years during the Compassionate Use
8of Medical Cannabis Pilot Program, a surcharge is imposed on
9all taxpayers on income arising from the sale or exchange of
10capital assets, depreciable business property, real property
11used in the trade or business, and Section 197 intangibles of
12an organization registrant under the Compassionate Use of
13Medical Cannabis Pilot Program Act. The amount of the surcharge
14is equal to the amount of federal income tax liability for the
15taxable year attributable to those sales and exchanges. The
16surcharge imposed does not apply if:
17 (1) the medical cannabis cultivation center
18 registration, medical cannabis dispensary registration, or
19 the property of a registration is transferred as a result
20 of any of the following:
21 (A) bankruptcy, a receivership, or a debt
22 adjustment initiated by or against the initial
23 registration or the substantial owners of the initial
24 registration;
25 (B) cancellation, revocation, or termination of
26 any registration by the Illinois Department of Public

HB5597- 311 -LRB098 15874 AMC 50917 b
1 Health;
2 (C) a determination by the Illinois Department of
3 Public Health that transfer of the registration is in
4 the best interests of Illinois qualifying patients as
5 defined by the Compassionate Use of Medical Cannabis
6 Pilot Program Act;
7 (D) the death of an owner of the equity interest in
8 a registrant;
9 (E) the acquisition of a controlling interest in
10 the stock or substantially all of the assets of a
11 publicly traded company;
12 (F) a transfer by a parent company to a wholly
13 owned subsidiary; or
14 (G) the transfer or sale to or by one person to
15 another person where both persons were initial owners
16 of the registration when the registration was issued;
17 or
18 (2) the cannabis cultivation center registration,
19 medical cannabis dispensary registration, or the
20 controlling interest in a registrant's property is
21 transferred in a transaction to lineal descendants in which
22 no gain or loss is recognized or as a result of a
23 transaction in accordance with Section 351 of the Internal
24 Revenue Code in which no gain or loss is recognized.
25(Source: P.A. 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905,
26eff. 8-7-12; 98-109, eff. 7-25-13; 98-122, eff. 1-1-14; revised

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

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

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

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

HB5597- 316 -LRB098 15874 AMC 50917 b
1 which they occur, including where a team's
2 official pre-season training period through the
3 last game in which the team competes or is
4 scheduled to compete, occurs during more than one
5 tax year.
6 (A) Duty days shall also include days on
7 which a member of a professional athletic team
8 performs service for a team on a date that does
9 not fall within the foregoing period (e.g.,
10 participation in instructional leagues, the
11 "All Star Game", or promotional "caravans").
12 Performing a service for a professional
13 athletic team includes conducting training and
14 rehabilitation activities, when such
15 activities are conducted at team facilities.
16 (B) Also included in duty days are game
17 days, practice days, days spent at team
18 meetings, promotional caravans, preseason
19 training camps, and days served with the team
20 through all post-season games in which the team
21 competes or is scheduled to compete.
22 (C) Duty days for any person who joins a
23 team during the period from the beginning of
24 the professional athletic team's official
25 pre-season training period through the last
26 game in which the team competes, or is

HB5597- 317 -LRB098 15874 AMC 50917 b
1 scheduled to compete, shall begin on the day
2 that person joins the team. Conversely, duty
3 days for any person who leaves a team during
4 this period shall end on the day that person
5 leaves the team. Where a person switches teams
6 during a taxable year, a separate duty-day
7 calculation shall be made for the period the
8 person was with each team.
9 (D) Days for which a member of a
10 professional athletic team is not compensated
11 and is not performing services for the team in
12 any manner, including days when such member of
13 a professional athletic team has been
14 suspended without pay and prohibited from
15 performing any services for the team, shall not
16 be treated as duty days.
17 (E) Days for which a member of a
18 professional athletic team is on the disabled
19 list and does not conduct rehabilitation
20 activities at facilities of the team, and is
21 not otherwise performing services for the team
22 in Illinois, shall not be considered duty days
23 spent in this State. All days on the disabled
24 list, however, are considered to be included in
25 total duty days spent both within and without
26 this State.

HB5597- 318 -LRB098 15874 AMC 50917 b
1 (4) The term "total compensation for services
2 performed as a member of a professional athletic
3 team" means the total compensation received during
4 the taxable year for services performed:
5 (A) from the beginning of the official
6 pre-season training period through the last
7 game in which the team competes or is scheduled
8 to compete during that taxable year; and
9 (B) during the taxable year on a date which
10 does not fall within the foregoing period
11 (e.g., participation in instructional leagues,
12 the "All Star Game", or promotional caravans).
13 This compensation shall include, but is not
14 limited to, salaries, wages, bonuses as described
15 in this subpart, and any other type of compensation
16 paid during the taxable year to a member of a
17 professional athletic team for services performed
18 in that year. This compensation does not include
19 strike benefits, severance pay, termination pay,
20 contract or option year buy-out payments,
21 expansion or relocation payments, or any other
22 payments not related to services performed for the
23 team.
24 For purposes of this subparagraph, "bonuses"
25 included in "total compensation for services
26 performed as a member of a professional athletic

HB5597- 319 -LRB098 15874 AMC 50917 b
1 team" subject to the allocation described in
2 Section 302(c)(1) are: bonuses earned as a result
3 of play (i.e., performance bonuses) during the
4 season, including bonuses paid for championship,
5 playoff or "bowl" games played by a team, or for
6 selection to all-star league or other honorary
7 positions; and bonuses paid for signing a
8 contract, unless the payment of the signing bonus
9 is not conditional upon the signee playing any
10 games for the team or performing any subsequent
11 services for the team or even making the team, the
12 signing bonus is payable separately from the
13 salary and any other compensation, and the signing
14 bonus is nonrefundable.
15 (3) Sales factor.
16 (A) The sales factor is a fraction, the numerator of
17 which is the total sales of the person in this State during
18 the taxable year, and the denominator of which is the total
19 sales of the person everywhere during the taxable year.
20 (B) Sales of tangible personal property are in this
21 State if:
22 (i) The property is delivered or shipped to a
23 purchaser, other than the United States government,
24 within this State regardless of the f. o. b. point or
25 other conditions of the sale; or
26 (ii) The property is shipped from an office, store,

HB5597- 320 -LRB098 15874 AMC 50917 b
1 warehouse, factory or other place of storage in this
2 State and either the purchaser is the United States
3 government or the person is not taxable in the state of
4 the purchaser; provided, however, that premises owned
5 or leased by a person who has independently contracted
6 with the seller for the printing of newspapers,
7 periodicals or books shall not be deemed to be an
8 office, store, warehouse, factory or other place of
9 storage for purposes of this Section. Sales of tangible
10 personal property are not in this State if the seller
11 and purchaser would be members of the same unitary
12 business group but for the fact that either the seller
13 or purchaser is a person with 80% or more of total
14 business activity outside of the United States and the
15 property is purchased for resale.
16 (B-1) Patents, copyrights, trademarks, and similar
17 items of intangible personal property.
18 (i) Gross receipts from the licensing, sale, or
19 other disposition of a patent, copyright, trademark,
20 or similar item of intangible personal property, other
21 than gross receipts governed by paragraph (B-7) of this
22 item (3), are in this State to the extent the item is
23 utilized in this State during the year the gross
24 receipts are included in gross income.
25 (ii) Place of utilization.
26 (I) A patent is utilized in a state to the

HB5597- 321 -LRB098 15874 AMC 50917 b
1 extent that it is employed in production,
2 fabrication, manufacturing, or other processing in
3 the state or to the extent that a patented product
4 is produced in the state. If a patent is utilized
5 in more than one state, the extent to which it is
6 utilized in any one state shall be a fraction equal
7 to the gross receipts of the licensee or purchaser
8 from sales or leases of items produced,
9 fabricated, manufactured, or processed within that
10 state using the patent and of patented items
11 produced within that state, divided by the total of
12 such gross receipts for all states in which the
13 patent is utilized.
14 (II) A copyright is utilized in a state to the
15 extent that printing or other publication
16 originates in the state. If a copyright is utilized
17 in more than one state, the extent to which it is
18 utilized in any one state shall be a fraction equal
19 to the gross receipts from sales or licenses of
20 materials printed or published in that state
21 divided by the total of such gross receipts for all
22 states in which the copyright is utilized.
23 (III) Trademarks and other items of intangible
24 personal property governed by this paragraph (B-1)
25 are utilized in the state in which the commercial
26 domicile of the licensee or purchaser is located.

HB5597- 322 -LRB098 15874 AMC 50917 b
1 (iii) If the state of utilization of an item of
2 property governed by this paragraph (B-1) cannot be
3 determined from the taxpayer's books and records or
4 from the books and records of any person related to the
5 taxpayer within the meaning of Section 267(b) of the
6 Internal Revenue Code, 26 U.S.C. 267, the gross
7 receipts attributable to that item shall be excluded
8 from both the numerator and the denominator of the
9 sales factor.
10 (B-2) Gross receipts from the license, sale, or other
11 disposition of patents, copyrights, trademarks, and
12 similar items of intangible personal property, other than
13 gross receipts governed by paragraph (B-7) of this item
14 (3), may be included in the numerator or denominator of the
15 sales factor only if gross receipts from licenses, sales,
16 or other disposition of such items comprise more than 50%
17 of the taxpayer's total gross receipts included in gross
18 income during the tax year and during each of the 2
19 immediately preceding tax years; provided that, when a
20 taxpayer is a member of a unitary business group, such
21 determination shall be made on the basis of the gross
22 receipts of the entire unitary business group.
23 (B-5) For taxable years ending on or after December 31,
24 2008, except as provided in subsections (ii) through (vii),
25 receipts from the sale of telecommunications service or
26 mobile telecommunications service are in this State if the

HB5597- 323 -LRB098 15874 AMC 50917 b
1 customer's service address is in this State.
2 (i) For purposes of this subparagraph (B-5), the
3 following terms have the following meanings:
4 "Ancillary services" means services that are
5 associated with or incidental to the provision of
6 "telecommunications services", including but not
7 limited to "detailed telecommunications billing",
8 "directory assistance", "vertical service", and "voice
9 mail services".
10 "Air-to-Ground Radiotelephone service" means a
11 radio service, as that term is defined in 47 CFR 22.99,
12 in which common carriers are authorized to offer and
13 provide radio telecommunications service for hire to
14 subscribers in aircraft.
15 "Call-by-call Basis" means any method of charging
16 for telecommunications services where the price is
17 measured by individual calls.
18 "Communications Channel" means a physical or
19 virtual path of communications over which signals are
20 transmitted between or among customer channel
21 termination points.
22 "Conference bridging service" means an "ancillary
23 service" that links two or more participants of an
24 audio or video conference call and may include the
25 provision of a telephone number. "Conference bridging
26 service" does not include the "telecommunications

HB5597- 324 -LRB098 15874 AMC 50917 b
1 services" used to reach the conference bridge.
2 "Customer Channel Termination Point" means the
3 location where the customer either inputs or receives
4 the communications.
5 "Detailed telecommunications billing service"
6 means an "ancillary service" of separately stating
7 information pertaining to individual calls on a
8 customer's billing statement.
9 "Directory assistance" means an "ancillary
10 service" of providing telephone number information,
11 and/or address information.
12 "Home service provider" means the facilities based
13 carrier or reseller with which the customer contracts
14 for the provision of mobile telecommunications
15 services.
16 "Mobile telecommunications service" means
17 commercial mobile radio service, as defined in Section
18 20.3 of Title 47 of the Code of Federal Regulations as
19 in effect on June 1, 1999.
20 "Place of primary use" means the street address
21 representative of where the customer's use of the
22 telecommunications service primarily occurs, which
23 must be the residential street address or the primary
24 business street address of the customer. In the case of
25 mobile telecommunications services, "place of primary
26 use" must be within the licensed service area of the

HB5597- 325 -LRB098 15874 AMC 50917 b
1 home service provider.
2 "Post-paid telecommunication service" means the
3 telecommunications service obtained by making a
4 payment on a call-by-call basis either through the use
5 of a credit card or payment mechanism such as a bank
6 card, travel card, credit card, or debit card, or by
7 charge made to a telephone number which is not
8 associated with the origination or termination of the
9 telecommunications service. A post-paid calling
10 service includes telecommunications service, except a
11 prepaid wireless calling service, that would be a
12 prepaid calling service except it is not exclusively a
13 telecommunication service.
14 "Prepaid telecommunication service" means the
15 right to access exclusively telecommunications
16 services, which must be paid for in advance and which
17 enables the origination of calls using an access number
18 or authorization code, whether manually or
19 electronically dialed, and that is sold in
20 predetermined units or dollars of which the number
21 declines with use in a known amount.
22 "Prepaid Mobile telecommunication service" means a
23 telecommunications service that provides the right to
24 utilize mobile wireless service as well as other
25 non-telecommunication services, including but not
26 limited to ancillary services, which must be paid for

HB5597- 326 -LRB098 15874 AMC 50917 b
1 in advance that is sold in predetermined units or
2 dollars of which the number declines with use in a
3 known amount.
4 "Private communication service" means a
5 telecommunication service that entitles the customer
6 to exclusive or priority use of a communications
7 channel or group of channels between or among
8 termination points, regardless of the manner in which
9 such channel or channels are connected, and includes
10 switching capacity, extension lines, stations, and any
11 other associated services that are provided in
12 connection with the use of such channel or channels.
13 "Service address" means:
14 (a) The location of the telecommunications
15 equipment to which a customer's call is charged and
16 from which the call originates or terminates,
17 regardless of where the call is billed or paid;
18 (b) If the location in line (a) is not known,
19 service address means the origination point of the
20 signal of the telecommunications services first
21 identified by either the seller's
22 telecommunications system or in information
23 received by the seller from its service provider
24 where the system used to transport such signals is
25 not that of the seller; and
26 (c) If the locations in line (a) and line (b)

HB5597- 327 -LRB098 15874 AMC 50917 b
1 are not known, the service address means the
2 location of the customer's place of primary use.
3 "Telecommunications service" means the electronic
4 transmission, conveyance, or routing of voice, data,
5 audio, video, or any other information or signals to a
6 point, or between or among points. The term
7 "telecommunications service" includes such
8 transmission, conveyance, or routing in which computer
9 processing applications are used to act on the form,
10 code or protocol of the content for purposes of
11 transmission, conveyance or routing without regard to
12 whether such service is referred to as voice over
13 Internet protocol services or is classified by the
14 Federal Communications Commission as enhanced or value
15 added. "Telecommunications service" does not include:
16 (a) Data processing and information services
17 that allow data to be generated, acquired, stored,
18 processed, or retrieved and delivered by an
19 electronic transmission to a purchaser when such
20 purchaser's primary purpose for the underlying
21 transaction is the processed data or information;
22 (b) Installation or maintenance of wiring or
23 equipment on a customer's premises;
24 (c) Tangible personal property;
25 (d) Advertising, including but not limited to
26 directory advertising.

HB5597- 328 -LRB098 15874 AMC 50917 b
1 (e) Billing and collection services provided
2 to third parties;
3 (f) Internet access service;
4 (g) Radio and television audio and video
5 programming services, regardless of the medium,
6 including the furnishing of transmission,
7 conveyance and routing of such services by the
8 programming service provider. Radio and television
9 audio and video programming services shall include
10 but not be limited to cable service as defined in
11 47 USC 522(6) and audio and video programming
12 services delivered by commercial mobile radio
13 service providers, as defined in 47 CFR 20.3;
14 (h) "Ancillary services"; or
15 (i) Digital products "delivered
16 electronically", including but not limited to
17 software, music, video, reading materials or ring
18 tones.
19 "Vertical service" means an "ancillary service"
20 that is offered in connection with one or more
21 "telecommunications services", which offers advanced
22 calling features that allow customers to identify
23 callers and to manage multiple calls and call
24 connections, including "conference bridging services".
25 "Voice mail service" means an "ancillary service"
26 that enables the customer to store, send or receive

HB5597- 329 -LRB098 15874 AMC 50917 b
1 recorded messages. "Voice mail service" does not
2 include any "vertical services" that the customer may
3 be required to have in order to utilize the "voice mail
4 service".
5 (ii) Receipts from the sale of telecommunications
6 service sold on an individual call-by-call basis are in
7 this State if either of the following applies:
8 (a) The call both originates and terminates in
9 this State.
10 (b) The call either originates or terminates
11 in this State and the service address is located in
12 this State.
13 (iii) Receipts from the sale of postpaid
14 telecommunications service at retail are in this State
15 if the origination point of the telecommunication
16 signal, as first identified by the service provider's
17 telecommunication system or as identified by
18 information received by the seller from its service
19 provider if the system used to transport
20 telecommunication signals is not the seller's, is
21 located in this State.
22 (iv) Receipts from the sale of prepaid
23 telecommunications service or prepaid mobile
24 telecommunications service at retail are in this State
25 if the purchaser obtains the prepaid card or similar
26 means of conveyance at a location in this State.

HB5597- 330 -LRB098 15874 AMC 50917 b
1 Receipts from recharging a prepaid telecommunications
2 service or mobile telecommunications service is in
3 this State if the purchaser's billing information
4 indicates a location in this State.
5 (v) Receipts from the sale of private
6 communication services are in this State as follows:
7 (a) 100% of receipts from charges imposed at
8 each channel termination point in this State.
9 (b) 100% of receipts from charges for the total
10 channel mileage between each channel termination
11 point in this State.
12 (c) 50% of the total receipts from charges for
13 service segments when those segments are between 2
14 customer channel termination points, 1 of which is
15 located in this State and the other is located
16 outside of this State, which segments are
17 separately charged.
18 (d) The receipts from charges for service
19 segments with a channel termination point located
20 in this State and in two or more other states, and
21 which segments are not separately billed, are in
22 this State based on a percentage determined by
23 dividing the number of customer channel
24 termination points in this State by the total
25 number of customer channel termination points.
26 (vi) Receipts from charges for ancillary services

HB5597- 331 -LRB098 15874 AMC 50917 b
1 for telecommunications service sold to customers at
2 retail are in this State if the customer's primary
3 place of use of telecommunications services associated
4 with those ancillary services is in this State. If the
5 seller of those ancillary services cannot determine
6 where the associated telecommunications are located,
7 then the ancillary services shall be based on the
8 location of the purchaser.
9 (vii) Receipts to access a carrier's network or
10 from the sale of telecommunication services or
11 ancillary services for resale are in this State as
12 follows:
13 (a) 100% of the receipts from access fees
14 attributable to intrastate telecommunications
15 service that both originates and terminates in
16 this State.
17 (b) 50% of the receipts from access fees
18 attributable to interstate telecommunications
19 service if the interstate call either originates
20 or terminates in this State.
21 (c) 100% of the receipts from interstate end
22 user access line charges, if the customer's
23 service address is in this State. As used in this
24 subdivision, "interstate end user access line
25 charges" includes, but is not limited to, the
26 surcharge approved by the federal communications

HB5597- 332 -LRB098 15874 AMC 50917 b
1 commission and levied pursuant to 47 CFR 69.
2 (d) Gross receipts from sales of
3 telecommunication services or from ancillary
4 services for telecommunications services sold to
5 other telecommunication service providers for
6 resale shall be sourced to this State using the
7 apportionment concepts used for non-resale
8 receipts of telecommunications services if the
9 information is readily available to make that
10 determination. If the information is not readily
11 available, then the taxpayer may use any other
12 reasonable and consistent method.
13 (B-7) For taxable years ending on or after December 31,
14 2008, receipts from the sale of broadcasting services are
15 in this State if the broadcasting services are received in
16 this State. For purposes of this paragraph (B-7), the
17 following terms have the following meanings:
18 "Advertising revenue" means consideration received
19 by the taxpayer in exchange for broadcasting services
20 or allowing the broadcasting of commercials or
21 announcements in connection with the broadcasting of
22 film or radio programming, from sponsorships of the
23 programming, or from product placements in the
24 programming.
25 "Audience factor" means the ratio that the
26 audience or subscribers located in this State of a

HB5597- 333 -LRB098 15874 AMC 50917 b
1 station, a network, or a cable system bears to the
2 total audience or total subscribers for that station,
3 network, or cable system. The audience factor for film
4 or radio programming shall be determined by reference
5 to the books and records of the taxpayer or by
6 reference to published rating statistics provided the
7 method used by the taxpayer is consistently used from
8 year to year for this purpose and fairly represents the
9 taxpayer's activity in this State.
10 "Broadcast" or "broadcasting" or "broadcasting
11 services" means the transmission or provision of film
12 or radio programming, whether through the public
13 airwaves, by cable, by direct or indirect satellite
14 transmission, or by any other means of communication,
15 either through a station, a network, or a cable system.
16 "Film" or "film programming" means the broadcast
17 on television of any and all performances, events, or
18 productions, including but not limited to news,
19 sporting events, plays, stories, or other literary,
20 commercial, educational, or artistic works, either
21 live or through the use of video tape, disc, or any
22 other type of format or medium. Each episode of a
23 series of films produced for television shall
24 constitute separate "film" notwithstanding that the
25 series relates to the same principal subject and is
26 produced during one or more tax periods.

HB5597- 334 -LRB098 15874 AMC 50917 b
1 "Radio" or "radio programming" means the broadcast
2 on radio of any and all performances, events, or
3 productions, including but not limited to news,
4 sporting events, plays, stories, or other literary,
5 commercial, educational, or artistic works, either
6 live or through the use of an audio tape, disc, or any
7 other format or medium. Each episode in a series of
8 radio programming produced for radio broadcast shall
9 constitute a separate "radio programming"
10 notwithstanding that the series relates to the same
11 principal subject and is produced during one or more
12 tax periods.
13 (i) In the case of advertising revenue from
14 broadcasting, the customer is the advertiser and
15 the service is received in this State if the
16 commercial domicile of the advertiser is in this
17 State.
18 (ii) In the case where film or radio
19 programming is broadcast by a station, a network,
20 or a cable system for a fee or other remuneration
21 received from the recipient of the broadcast, the
22 portion of the service that is received in this
23 State is measured by the portion of the recipients
24 of the broadcast located in this State.
25 Accordingly, the fee or other remuneration for
26 such service that is included in the Illinois

HB5597- 335 -LRB098 15874 AMC 50917 b
1 numerator of the sales factor is the total of those
2 fees or other remuneration received from
3 recipients in Illinois. For purposes of this
4 paragraph, a taxpayer may determine the location
5 of the recipients of its broadcast using the
6 address of the recipient shown in its contracts
7 with the recipient or using the billing address of
8 the recipient in the taxpayer's records.
9 (iii) In the case where film or radio
10 programming is broadcast by a station, a network,
11 or a cable system for a fee or other remuneration
12 from the person providing the programming, the
13 portion of the broadcast service that is received
14 by such station, network, or cable system in this
15 State is measured by the portion of recipients of
16 the broadcast located in this State. Accordingly,
17 the amount of revenue related to such an
18 arrangement that is included in the Illinois
19 numerator of the sales factor is the total fee or
20 other total remuneration from the person providing
21 the programming related to that broadcast
22 multiplied by the Illinois audience factor for
23 that broadcast.
24 (iv) In the case where film or radio
25 programming is provided by a taxpayer that is a
26 network or station to a customer for broadcast in

HB5597- 336 -LRB098 15874 AMC 50917 b
1 exchange for a fee or other remuneration from that
2 customer the broadcasting service is received at
3 the location of the office of the customer from
4 which the services were ordered in the regular
5 course of the customer's trade or business.
6 Accordingly, in such a case the revenue derived by
7 the taxpayer that is included in the taxpayer's
8 Illinois numerator of the sales factor is the
9 revenue from such customers who receive the
10 broadcasting service in Illinois.
11 (v) In the case where film or radio programming
12 is provided by a taxpayer that is not a network or
13 station to another person for broadcasting in
14 exchange for a fee or other remuneration from that
15 person, the broadcasting service is received at
16 the location of the office of the customer from
17 which the services were ordered in the regular
18 course of the customer's trade or business.
19 Accordingly, in such a case the revenue derived by
20 the taxpayer that is included in the taxpayer's
21 Illinois numerator of the sales factor is the
22 revenue from such customers who receive the
23 broadcasting service in Illinois.
24 (B-8) Gross receipts from winnings under the Illinois
25 Lottery Law from the assignment of a prize under Section
26 13-1 of the Illinois Lottery Law are received in this

HB5597- 337 -LRB098 15874 AMC 50917 b
1 State. This paragraph (B-8) applies only to taxable years
2 ending on or after December 31, 2013.
3 (C) For taxable years ending before December 31, 2008,
4 sales, other than sales governed by paragraphs (B), (B-1),
5 (B-2), and (B-8) are in this State if:
6 (i) The income-producing activity is performed in
7 this State; or
8 (ii) The income-producing activity is performed
9 both within and without this State and a greater
10 proportion of the income-producing activity is
11 performed within this State than without this State,
12 based on performance costs.
13 (C-5) For taxable years ending on or after December 31,
14 2008, sales, other than sales governed by paragraphs (B),
15 (B-1), (B-2), (B-5), and (B-7), are in this State if any of
16 the following criteria are met:
17 (i) Sales from the sale or lease of real property
18 are in this State if the property is located in this
19 State.
20 (ii) Sales from the lease or rental of tangible
21 personal property are in this State if the property is
22 located in this State during the rental period. Sales
23 from the lease or rental of tangible personal property
24 that is characteristically moving property, including,
25 but not limited to, motor vehicles, rolling stock,
26 aircraft, vessels, or mobile equipment are in this

HB5597- 338 -LRB098 15874 AMC 50917 b
1 State to the extent that the property is used in this
2 State.
3 (iii) In the case of interest, net gains (but not
4 less than zero) and other items of income from
5 intangible personal property, the sale is in this State
6 if:
7 (a) in the case of a taxpayer who is a dealer
8 in the item of intangible personal property within
9 the meaning of Section 475 of the Internal Revenue
10 Code, the income or gain is received from a
11 customer in this State. For purposes of this
12 subparagraph, a customer is in this State if the
13 customer is an individual, trust or estate who is a
14 resident of this State and, for all other
15 customers, if the customer's commercial domicile
16 is in this State. Unless the dealer has actual
17 knowledge of the residence or commercial domicile
18 of a customer during a taxable year, the customer
19 shall be deemed to be a customer in this State if
20 the billing address of the customer, as shown in
21 the records of the dealer, is in this State; or
22 (b) in all other cases, if the
23 income-producing activity of the taxpayer is
24 performed in this State or, if the
25 income-producing activity of the taxpayer is
26 performed both within and without this State, if a

HB5597- 339 -LRB098 15874 AMC 50917 b
1 greater proportion of the income-producing
2 activity of the taxpayer is performed within this
3 State than in any other state, based on performance
4 costs.
5 (iv) Sales of services are in this State if the
6 services are received in this State. For the purposes
7 of this section, gross receipts from the performance of
8 services provided to a corporation, partnership, or
9 trust may only be attributed to a state where that
10 corporation, partnership, or trust has a fixed place of
11 business. If the state where the services are received
12 is not readily determinable or is a state where the
13 corporation, partnership, or trust receiving the
14 service does not have a fixed place of business, the
15 services shall be deemed to be received at the location
16 of the office of the customer from which the services
17 were ordered in the regular course of the customer's
18 trade or business. If the ordering office cannot be
19 determined, the services shall be deemed to be received
20 at the office of the customer to which the services are
21 billed. If the taxpayer is not taxable in the state in
22 which the services are received, the sale must be
23 excluded from both the numerator and the denominator of
24 the sales factor. The Department shall adopt rules
25 prescribing where specific types of service are
26 received, including, but not limited to, publishing,

HB5597- 340 -LRB098 15874 AMC 50917 b
1 and utility service.
2 (D) For taxable years ending on or after December 31,
3 1995, the following items of income shall not be included
4 in the numerator or denominator of the sales factor:
5 dividends; amounts included under Section 78 of the
6 Internal Revenue Code; and Subpart F income as defined in
7 Section 952 of the Internal Revenue Code. No inference
8 shall be drawn from the enactment of this paragraph (D) in
9 construing this Section for taxable years ending before
10 December 31, 1995.
11 (E) Paragraphs (B-1) and (B-2) shall apply to tax years
12 ending on or after December 31, 1999, provided that a
13 taxpayer may elect to apply the provisions of these
14 paragraphs to prior tax years. Such election shall be made
15 in the form and manner prescribed by the Department, shall
16 be irrevocable, and shall apply to all tax years; provided
17 that, if a taxpayer's Illinois income tax liability for any
18 tax year, as assessed under Section 903 prior to January 1,
19 1999, was computed in a manner contrary to the provisions
20 of paragraphs (B-1) or (B-2), no refund shall be payable to
21 the taxpayer for that tax year to the extent such refund is
22 the result of applying the provisions of paragraph (B-1) or
23 (B-2) retroactively. In the case of a unitary business
24 group, such election shall apply to all members of such
25 group for every tax year such group is in existence, but
26 shall not apply to any taxpayer for any period during which

HB5597- 341 -LRB098 15874 AMC 50917 b
1 that taxpayer is not a member of such group.
2 (b) Insurance companies.
3 (1) In general. Except as otherwise provided by
4 paragraph (2), business income of an insurance company for
5 a taxable year shall be apportioned to this State by
6 multiplying such income by a fraction, the numerator of
7 which is the direct premiums written for insurance upon
8 property or risk in this State, and the denominator of
9 which is the direct premiums written for insurance upon
10 property or risk everywhere. For purposes of this
11 subsection, the term "direct premiums written" means the
12 total amount of direct premiums written, assessments and
13 annuity considerations as reported for the taxable year on
14 the annual statement filed by the company with the Illinois
15 Director of Insurance in the form approved by the National
16 Convention of Insurance Commissioners or such other form as
17 may be prescribed in lieu thereof.
18 (2) Reinsurance. If the principal source of premiums
19 written by an insurance company consists of premiums for
20 reinsurance accepted by it, the business income of such
21 company shall be apportioned to this State by multiplying
22 such income by a fraction, the numerator of which is the
23 sum of (i) direct premiums written for insurance upon
24 property or risk in this State, plus (ii) premiums written
25 for reinsurance accepted in respect of property or risk in
26 this State, and the denominator of which is the sum of

HB5597- 342 -LRB098 15874 AMC 50917 b
1 (iii) direct premiums written for insurance upon property
2 or risk everywhere, plus (iv) premiums written for
3 reinsurance accepted in respect of property or risk
4 everywhere. For purposes of this paragraph, premiums
5 written for reinsurance accepted in respect of property or
6 risk in this State, whether or not otherwise determinable,
7 may, at the election of the company, be determined on the
8 basis of the proportion which premiums written for
9 reinsurance accepted from companies commercially domiciled
10 in Illinois bears to premiums written for reinsurance
11 accepted from all sources, or, alternatively, in the
12 proportion which the sum of the direct premiums written for
13 insurance upon property or risk in this State by each
14 ceding company from which reinsurance is accepted bears to
15 the sum of the total direct premiums written by each such
16 ceding company for the taxable year. The election made by a
17 company under this paragraph for its first taxable year
18 ending on or after December 31, 2011, shall be binding for
19 that company for that taxable year and for all subsequent
20 taxable years, and may be altered only with the written
21 permission of the Department, which shall not be
22 unreasonably withheld.
23 (c) Financial organizations.
24 (1) In general. For taxable years ending before
25 December 31, 2008, business income of a financial
26 organization shall be apportioned to this State by

HB5597- 343 -LRB098 15874 AMC 50917 b
1 multiplying such income by a fraction, the numerator of
2 which is its business income from sources within this
3 State, and the denominator of which is its business income
4 from all sources. For the purposes of this subsection, the
5 business income of a financial organization from sources
6 within this State is the sum of the amounts referred to in
7 subparagraphs (A) through (E) following, but excluding the
8 adjusted income of an international banking facility as
9 determined in paragraph (2):
10 (A) Fees, commissions or other compensation for
11 financial services rendered within this State;
12 (B) Gross profits from trading in stocks, bonds or
13 other securities managed within this State;
14 (C) Dividends, and interest from Illinois
15 customers, which are received within this State;
16 (D) Interest charged to customers at places of
17 business maintained within this State for carrying
18 debit balances of margin accounts, without deduction
19 of any costs incurred in carrying such accounts; and
20 (E) Any other gross income resulting from the
21 operation as a financial organization within this
22 State. In computing the amounts referred to in
23 paragraphs (A) through (E) of this subsection, any
24 amount received by a member of an affiliated group
25 (determined under Section 1504(a) of the Internal
26 Revenue Code but without reference to whether any such

HB5597- 344 -LRB098 15874 AMC 50917 b
1 corporation is an "includible corporation" under
2 Section 1504(b) of the Internal Revenue Code) from
3 another member of such group shall be included only to
4 the extent such amount exceeds expenses of the
5 recipient directly related thereto.
6 (2) International Banking Facility. For taxable years
7 ending before December 31, 2008:
8 (A) Adjusted Income. The adjusted income of an
9 international banking facility is its income reduced
10 by the amount of the floor amount.
11 (B) Floor Amount. The floor amount shall be the
12 amount, if any, determined by multiplying the income of
13 the international banking facility by a fraction, not
14 greater than one, which is determined as follows:
15 (i) The numerator shall be:
16 The average aggregate, determined on a
17 quarterly basis, of the financial organization's
18 loans to banks in foreign countries, to foreign
19 domiciled borrowers (except where secured
20 primarily by real estate) and to foreign
21 governments and other foreign official
22 institutions, as reported for its branches,
23 agencies and offices within the state on its
24 "Consolidated Report of Condition", Schedule A,
25 Lines 2.c., 5.b., and 7.a., which was filed with
26 the Federal Deposit Insurance Corporation and

HB5597- 345 -LRB098 15874 AMC 50917 b
1 other regulatory authorities, for the year 1980,
2 minus
3 The average aggregate, determined on a
4 quarterly basis, of such loans (other than loans of
5 an international banking facility), as reported by
6 the financial institution for its branches,
7 agencies and offices within the state, on the
8 corresponding Schedule and lines of the
9 Consolidated Report of Condition for the current
10 taxable year, provided, however, that in no case
11 shall the amount determined in this clause (the
12 subtrahend) exceed the amount determined in the
13 preceding clause (the minuend); and
14 (ii) the denominator shall be the average
15 aggregate, determined on a quarterly basis, of the
16 international banking facility's loans to banks in
17 foreign countries, to foreign domiciled borrowers
18 (except where secured primarily by real estate)
19 and to foreign governments and other foreign
20 official institutions, which were recorded in its
21 financial accounts for the current taxable year.
22 (C) Change to Consolidated Report of Condition and
23 in Qualification. In the event the Consolidated Report
24 of Condition which is filed with the Federal Deposit
25 Insurance Corporation and other regulatory authorities
26 is altered so that the information required for

HB5597- 346 -LRB098 15874 AMC 50917 b
1 determining the floor amount is not found on Schedule
2 A, lines 2.c., 5.b. and 7.a., the financial institution
3 shall notify the Department and the Department may, by
4 regulations or otherwise, prescribe or authorize the
5 use of an alternative source for such information. The
6 financial institution shall also notify the Department
7 should its international banking facility fail to
8 qualify as such, in whole or in part, or should there
9 be any amendment or change to the Consolidated Report
10 of Condition, as originally filed, to the extent such
11 amendment or change alters the information used in
12 determining the floor amount.
13 (3) For taxable years ending on or after December 31,
14 2008, the business income of a financial organization shall
15 be apportioned to this State by multiplying such income by
16 a fraction, the numerator of which is its gross receipts
17 from sources in this State or otherwise attributable to
18 this State's marketplace and the denominator of which is
19 its gross receipts everywhere during the taxable year.
20 "Gross receipts" for purposes of this subparagraph (3)
21 means gross income, including net taxable gain on
22 disposition of assets, including securities and money
23 market instruments, when derived from transactions and
24 activities in the regular course of the financial
25 organization's trade or business. The following examples
26 are illustrative:

HB5597- 347 -LRB098 15874 AMC 50917 b
1 (i) Receipts from the lease or rental of real or
2 tangible personal property are in this State if the
3 property is located in this State during the rental
4 period. Receipts from the lease or rental of tangible
5 personal property that is characteristically moving
6 property, including, but not limited to, motor
7 vehicles, rolling stock, aircraft, vessels, or mobile
8 equipment are from sources in this State to the extent
9 that the property is used in this State.
10 (ii) Interest income, commissions, fees, gains on
11 disposition, and other receipts from assets in the
12 nature of loans that are secured primarily by real
13 estate or tangible personal property are from sources
14 in this State if the security is located in this State.
15 (iii) Interest income, commissions, fees, gains on
16 disposition, and other receipts from consumer loans
17 that are not secured by real or tangible personal
18 property are from sources in this State if the debtor
19 is a resident of this State.
20 (iv) Interest income, commissions, fees, gains on
21 disposition, and other receipts from commercial loans
22 and installment obligations that are not secured by
23 real or tangible personal property are from sources in
24 this State if the proceeds of the loan are to be
25 applied in this State. If it cannot be determined where
26 the funds are to be applied, the income and receipts

HB5597- 348 -LRB098 15874 AMC 50917 b
1 are from sources in this State if the office of the
2 borrower from which the loan was negotiated in the
3 regular course of business is located in this State. If
4 the location of this office cannot be determined, the
5 income and receipts shall be excluded from the
6 numerator and denominator of the sales factor.
7 (v) Interest income, fees, gains on disposition,
8 service charges, merchant discount income, and other
9 receipts from credit card receivables are from sources
10 in this State if the card charges are regularly billed
11 to a customer in this State.
12 (vi) Receipts from the performance of services,
13 including, but not limited to, fiduciary, advisory,
14 and brokerage services, are in this State if the
15 services are received in this State within the meaning
16 of subparagraph (a)(3)(C-5)(iv) of this Section.
17 (vii) Receipts from the issuance of travelers
18 checks and money orders are from sources in this State
19 if the checks and money orders are issued from a
20 location within this State.
21 (viii) Receipts from investment assets and
22 activities and trading assets and activities are
23 included in the receipts factor as follows:
24 (1) Interest, dividends, net gains (but not
25 less than zero) and other income from investment
26 assets and activities from trading assets and

HB5597- 349 -LRB098 15874 AMC 50917 b
1 activities shall be included in the receipts
2 factor. Investment assets and activities and
3 trading assets and activities include but are not
4 limited to: investment securities; trading account
5 assets; federal funds; securities purchased and
6 sold under agreements to resell or repurchase;
7 options; futures contracts; forward contracts;
8 notional principal contracts such as swaps;
9 equities; and foreign currency transactions. With
10 respect to the investment and trading assets and
11 activities described in subparagraphs (A) and (B)
12 of this paragraph, the receipts factor shall
13 include the amounts described in such
14 subparagraphs.
15 (A) The receipts factor shall include the
16 amount by which interest from federal funds
17 sold and securities purchased under resale
18 agreements exceeds interest expense on federal
19 funds purchased and securities sold under
20 repurchase agreements.
21 (B) The receipts factor shall include the
22 amount by which interest, dividends, gains and
23 other income from trading assets and
24 activities, including but not limited to
25 assets and activities in the matched book, in
26 the arbitrage book, and foreign currency

HB5597- 350 -LRB098 15874 AMC 50917 b
1 transactions, exceed amounts paid in lieu of
2 interest, amounts paid in lieu of dividends,
3 and losses from such assets and activities.
4 (2) The numerator of the receipts factor
5 includes interest, dividends, net gains (but not
6 less than zero), and other income from investment
7 assets and activities and from trading assets and
8 activities described in paragraph (1) of this
9 subsection that are attributable to this State.
10 (A) The amount of interest, dividends, net
11 gains (but not less than zero), and other
12 income from investment assets and activities
13 in the investment account to be attributed to
14 this State and included in the numerator is
15 determined by multiplying all such income from
16 such assets and activities by a fraction, the
17 numerator of which is the gross income from
18 such assets and activities which are properly
19 assigned to a fixed place of business of the
20 taxpayer within this State and the denominator
21 of which is the gross income from all such
22 assets and activities.
23 (B) The amount of interest from federal
24 funds sold and purchased and from securities
25 purchased under resale agreements and
26 securities sold under repurchase agreements

HB5597- 351 -LRB098 15874 AMC 50917 b
1 attributable to this State and included in the
2 numerator is determined by multiplying the
3 amount described in subparagraph (A) of
4 paragraph (1) of this subsection from such
5 funds and such securities by a fraction, the
6 numerator of which is the gross income from
7 such funds and such securities which are
8 properly assigned to a fixed place of business
9 of the taxpayer within this State and the
10 denominator of which is the gross income from
11 all such funds and such securities.
12 (C) The amount of interest, dividends,
13 gains, and other income from trading assets and
14 activities, including but not limited to
15 assets and activities in the matched book, in
16 the arbitrage book and foreign currency
17 transactions (but excluding amounts described
18 in subparagraphs (A) or (B) of this paragraph),
19 attributable to this State and included in the
20 numerator is determined by multiplying the
21 amount described in subparagraph (B) of
22 paragraph (1) of this subsection by a fraction,
23 the numerator of which is the gross income from
24 such trading assets and activities which are
25 properly assigned to a fixed place of business
26 of the taxpayer within this State and the

HB5597- 352 -LRB098 15874 AMC 50917 b
1 denominator of which is the gross income from
2 all such assets and activities.
3 (D) Properly assigned, for purposes of
4 this paragraph (2) of this subsection, means
5 the investment or trading asset or activity is
6 assigned to the fixed place of business with
7 which it has a preponderance of substantive
8 contacts. An investment or trading asset or
9 activity assigned by the taxpayer to a fixed
10 place of business without the State shall be
11 presumed to have been properly assigned if:
12 (i) the taxpayer has assigned, in the
13 regular course of its business, such asset
14 or activity on its records to a fixed place
15 of business consistent with federal or
16 state regulatory requirements;
17 (ii) such assignment on its records is
18 based upon substantive contacts of the
19 asset or activity to such fixed place of
20 business; and
21 (iii) the taxpayer uses such records
22 reflecting assignment of such assets or
23 activities for the filing of all state and
24 local tax returns for which an assignment
25 of such assets or activities to a fixed
26 place of business is required.

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

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1 investment or trading income or out of which
2 they are working, irrespective of where the
3 services of such employees are performed, as of
4 the last day of the taxable year.
5 (4) (Blank).
6 (5) (Blank).
7 (c-1) Federally regulated exchanges. For taxable years
8ending on or after December 31, 2012, business income of a
9federally regulated exchange shall, at the option of the
10federally regulated exchange, be apportioned to this State by
11multiplying such income by a fraction, the numerator of which
12is its business income from sources within this State, and the
13denominator of which is its business income from all sources.
14For purposes of this subsection, the business income within
15this State of a federally regulated exchange is the sum of the
16following:
17 (1) Receipts attributable to transactions executed on
18 a physical trading floor if that physical trading floor is
19 located in this State.
20 (2) Receipts attributable to all other matching,
21 execution, or clearing transactions, including without
22 limitation receipts from the provision of matching,
23 execution, or clearing services to another entity,
24 multiplied by (i) for taxable years ending on or after
25 December 31, 2012 but before December 31, 2013, 63.77%; and
26 (ii) for taxable years ending on or after December 31,

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1 2013, 27.54%.
2 (3) All other receipts not governed by subparagraphs
3 (1) or (2) of this subsection (c-1), to the extent the
4 receipts would be characterized as "sales in this State"
5 under item (3) of subsection (a) of this Section.
6 "Federally regulated exchange" means (i) a "registered
7entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
8or (C), (ii) an "exchange" or "clearing agency" within the
9meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
10entities regulated under any successor regulatory structure to
11the foregoing, and (iv) all taxpayers who are members of the
12same unitary business group as a federally regulated exchange,
13determined without regard to the prohibition in Section
141501(a)(27) of this Act against including in a unitary business
15group taxpayers who are ordinarily required to apportion
16business income under different subsections of this Section;
17provided that this subparagraph (iv) shall apply only if 50% or
18more of the business receipts of the unitary business group
19determined by application of this subparagraph (iv) for the
20taxable year are attributable to the matching, execution, or
21clearing of transactions conducted by an entity described in
22subparagraph (i), (ii), or (iii) of this paragraph.
23 In no event shall the Illinois apportionment percentage
24computed in accordance with this subsection (c-1) for any
25taxpayer for any tax year be less than the Illinois
26apportionment percentage computed under this subsection (c-1)

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

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

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

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1 and freight, the fraction above referred to shall be
2 determined by means of an average of the passenger revenue
3 mile fraction and the freight revenue mile fraction,
4 weighted to reflect the person's relative gross receipts
5 from passenger and freight airline transportation.
6 (e) Combined apportionment. Where 2 or more persons are
7engaged in a unitary business as described in subsection
8(a)(27) of Section 1501, a part of which is conducted in this
9State by one or more members of the group, the business income
10attributable to this State by any such member or members shall
11be apportioned by means of the combined apportionment method.
12 (f) Alternative allocation. If the allocation and
13apportionment provisions of subsections (a) through (e) and of
14subsection (h) do not, for taxable years ending before December
1531, 2008, fairly represent the extent of a person's business
16activity in this State, or, for taxable years ending on or
17after December 31, 2008, fairly represent the market for the
18person's goods, services, or other sources of business income,
19the person may petition for, or the Director may, without a
20petition, permit or require, in respect of all or any part of
21the person's business activity, if reasonable:
22 (1) Separate accounting;
23 (2) The exclusion of any one or more factors;
24 (3) The inclusion of one or more additional factors
25 which will fairly represent the person's business
26 activities or market in this State; or

HB5597- 360 -LRB098 15874 AMC 50917 b
1 (4) The employment of any other method to effectuate an
2 equitable allocation and apportionment of the person's
3 business income.
4 (g) Cross reference. For allocation of business income by
5residents, see Section 301(a).
6 (h) For tax years ending on or after December 31, 1998, the
7apportionment factor of persons who apportion their business
8income to this State under subsection (a) shall be equal to:
9 (1) for tax years ending on or after December 31, 1998
10 and before December 31, 1999, 16 2/3% of the property
11 factor plus 16 2/3% of the payroll factor plus 66 2/3% of
12 the sales factor;
13 (2) for tax years ending on or after December 31, 1999
14 and before December 31, 2000, 8 1/3% of the property factor
15 plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
16 factor;
17 (3) for tax years ending on or after December 31, 2000,
18 the sales factor.
19If, in any tax year ending on or after December 31, 1998 and
20before December 31, 2000, the denominator of the payroll,
21property, or sales factor is zero, the apportionment factor
22computed in paragraph (1) or (2) of this subsection for that
23year shall be divided by an amount equal to 100% minus the
24percentage weight given to each factor whose denominator is
25equal to zero.
26(Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12;

HB5597- 361 -LRB098 15874 AMC 50917 b
198-478, eff. 1-1-14; 98-496, eff. 1-1-14; revised 9-9-13.)
2 Section 175. The Use Tax Act is amended by changing
3Sections 3-5 and 9 as follows:
4 (35 ILCS 105/3-5)
5 Sec. 3-5. Exemptions. Use of the following tangible
6personal property is exempt from the tax imposed by this Act:
7 (1) Personal property purchased from a corporation,
8society, association, foundation, institution, or
9organization, other than a limited liability company, that is
10organized and operated as a not-for-profit service enterprise
11for the benefit of persons 65 years of age or older if the
12personal property was not purchased by the enterprise for the
13purpose of resale by the enterprise.
14 (2) Personal property purchased by a not-for-profit
15Illinois county fair association for use in conducting,
16operating, or promoting the county fair.
17 (3) Personal property purchased by a not-for-profit arts or
18cultural organization that establishes, by proof required by
19the Department by rule, that it has received an exemption under
20Section 501(c)(3) of the Internal Revenue Code and that is
21organized and operated primarily for the presentation or
22support of arts or cultural programming, activities, or
23services. These organizations include, but are not limited to,
24music and dramatic arts organizations such as symphony

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1orchestras and theatrical groups, arts and cultural service
2organizations, local arts councils, visual arts organizations,
3and media arts organizations. On and after the effective date
4of this amendatory Act of the 92nd General Assembly, however,
5an entity otherwise eligible for this exemption shall not make
6tax-free purchases unless it has an active identification
7number issued by the Department.
8 (4) Personal property purchased by a governmental body, by
9a corporation, society, association, foundation, or
10institution organized and operated exclusively for charitable,
11religious, or educational purposes, or by a not-for-profit
12corporation, society, association, foundation, institution, or
13organization that has no compensated officers or employees and
14that is organized and operated primarily for the recreation of
15persons 55 years of age or older. A limited liability company
16may qualify for the exemption under this paragraph only if the
17limited liability company is organized and operated
18exclusively for educational purposes. On and after July 1,
191987, however, no entity otherwise eligible for this exemption
20shall make tax-free purchases unless it has an active exemption
21identification number issued by the Department.
22 (5) Until July 1, 2003, a passenger car that is a
23replacement vehicle to the extent that the purchase price of
24the car is subject to the Replacement Vehicle Tax.
25 (6) Until July 1, 2003 and beginning again on September 1,
262004 through August 30, 2014, graphic arts machinery and

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1equipment, including repair and replacement parts, both new and
2used, and including that manufactured on special order,
3certified by the purchaser to be used primarily for graphic
4arts production, and including machinery and equipment
5purchased for lease. Equipment includes chemicals or chemicals
6acting as catalysts but only if the chemicals or chemicals
7acting as catalysts effect a direct and immediate change upon a
8graphic arts product.
9 (7) Farm chemicals.
10 (8) Legal tender, currency, medallions, or gold or silver
11coinage issued by the State of Illinois, the government of the
12United States of America, or the government of any foreign
13country, and bullion.
14 (9) Personal property purchased from a teacher-sponsored
15student organization affiliated with an elementary or
16secondary school located in Illinois.
17 (10) A motor vehicle that is used for automobile renting,
18as defined in the Automobile Renting Occupation and Use Tax
19Act.
20 (11) Farm machinery and equipment, both new and used,
21including that manufactured on special order, certified by the
22purchaser to be used primarily for production agriculture or
23State or federal agricultural programs, including individual
24replacement parts for the machinery and equipment, including
25machinery and equipment purchased for lease, and including
26implements of husbandry defined in Section 1-130 of the

HB5597- 364 -LRB098 15874 AMC 50917 b
1Illinois Vehicle Code, farm machinery and agricultural
2chemical and fertilizer spreaders, and nurse wagons required to
3be registered under Section 3-809 of the Illinois Vehicle Code,
4but excluding other motor vehicles required to be registered
5under the Illinois Vehicle Code. Horticultural polyhouses or
6hoop houses used for propagating, growing, or overwintering
7plants shall be considered farm machinery and equipment under
8this item (11). Agricultural chemical tender tanks and dry
9boxes shall include units sold separately from a motor vehicle
10required to be licensed and units sold mounted on a motor
11vehicle required to be licensed if the selling price of the
12tender is separately stated.
13 Farm machinery and equipment shall include precision
14farming equipment that is installed or purchased to be
15installed on farm machinery and equipment including, but not
16limited to, tractors, harvesters, sprayers, planters, seeders,
17or spreaders. Precision farming equipment includes, but is not
18limited to, soil testing sensors, computers, monitors,
19software, global positioning and mapping systems, and other
20such equipment.
21 Farm machinery and equipment also includes computers,
22sensors, software, and related equipment used primarily in the
23computer-assisted operation of production agriculture
24facilities, equipment, and activities such as, but not limited
25to, the collection, monitoring, and correlation of animal and
26crop data for the purpose of formulating animal diets and

HB5597- 365 -LRB098 15874 AMC 50917 b
1agricultural chemicals. This item (11) is exempt from the
2provisions of Section 3-90.
3 (12) Until June 30, 2013, fuel and petroleum products sold
4to or used by an air common carrier, certified by the carrier
5to be used for consumption, shipment, or storage in the conduct
6of its business as an air common carrier, for a flight destined
7for or returning from a location or locations outside the
8United States without regard to previous or subsequent domestic
9stopovers.
10 Beginning July 1, 2013, fuel and petroleum products sold to
11or used by an air carrier, certified by the carrier to be used
12for consumption, shipment, or storage in the conduct of its
13business as an air common carrier, for a flight that (i) is
14engaged in foreign trade or is engaged in trade between the
15United States and any of its possessions and (ii) transports at
16least one individual or package for hire from the city of
17origination to the city of final destination on the same
18aircraft, without regard to a change in the flight number of
19that aircraft.
20 (13) Proceeds of mandatory service charges separately
21stated on customers' bills for the purchase and consumption of
22food and beverages purchased at retail from a retailer, to the
23extent that the proceeds of the service charge are in fact
24turned over as tips or as a substitute for tips to the
25employees who participate directly in preparing, serving,
26hosting or cleaning up the food or beverage function with

HB5597- 366 -LRB098 15874 AMC 50917 b
1respect to which the service charge is imposed.
2 (14) Until July 1, 2003, oil field exploration, drilling,
3and production equipment, including (i) rigs and parts of rigs,
4rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
5tubular goods, including casing and drill strings, (iii) pumps
6and pump-jack units, (iv) storage tanks and flow lines, (v) any
7individual replacement part for oil field exploration,
8drilling, and production equipment, and (vi) machinery and
9equipment purchased for lease; but excluding motor vehicles
10required to be registered under the Illinois Vehicle Code.
11 (15) Photoprocessing machinery and equipment, including
12repair and replacement parts, both new and used, including that
13manufactured on special order, certified by the purchaser to be
14used primarily for photoprocessing, and including
15photoprocessing machinery and equipment purchased for lease.
16 (16) Coal and aggregate exploration, mining, off-highway
17offhighway hauling, processing, maintenance, and reclamation
18equipment, including replacement parts and equipment, and
19including equipment purchased for lease, but excluding motor
20vehicles required to be registered under the Illinois Vehicle
21Code. The changes made to this Section by Public Act 97-767
22apply on and after July 1, 2003, but no claim for credit or
23refund is allowed on or after August 16, 2013 (the effective
24date of Public Act 98-456) this amendatory Act of the 98th
25General Assembly for such taxes paid during the period
26beginning July 1, 2003 and ending on August 16, 2013 (the

HB5597- 367 -LRB098 15874 AMC 50917 b
1effective date of Public Act 98-456) this amendatory Act of the
298th General Assembly.
3 (17) Until July 1, 2003, distillation machinery and
4equipment, sold as a unit or kit, assembled or installed by the
5retailer, certified by the user to be used only for the
6production of ethyl alcohol that will be used for consumption
7as motor fuel or as a component of motor fuel for the personal
8use of the user, and not subject to sale or resale.
9 (18) Manufacturing and assembling machinery and equipment
10used primarily in the process of manufacturing or assembling
11tangible personal property for wholesale or retail sale or
12lease, whether that sale or lease is made directly by the
13manufacturer or by some other person, whether the materials
14used in the process are owned by the manufacturer or some other
15person, or whether that sale or lease is made apart from or as
16an incident to the seller's engaging in the service occupation
17of producing machines, tools, dies, jigs, patterns, gauges, or
18other similar items of no commercial value on special order for
19a particular purchaser. The exemption provided by this
20paragraph (18) does not include machinery and equipment used in
21(i) the generation of electricity for wholesale or retail sale;
22(ii) the generation or treatment of natural or artificial gas
23for wholesale or retail sale that is delivered to customers
24through pipes, pipelines, or mains; or (iii) the treatment of
25water for wholesale or retail sale that is delivered to
26customers through pipes, pipelines, or mains. The provisions of

HB5597- 368 -LRB098 15874 AMC 50917 b
1Public Act 98-583 this amendatory Act of the 98th General
2Assembly are declaratory of existing law as to the meaning and
3scope of this exemption.
4 (19) Personal property delivered to a purchaser or
5purchaser's donee inside Illinois when the purchase order for
6that personal property was received by a florist located
7outside Illinois who has a florist located inside Illinois
8deliver the personal property.
9 (20) Semen used for artificial insemination of livestock
10for direct agricultural production.
11 (21) Horses, or interests in horses, registered with and
12meeting the requirements of any of the Arabian Horse Club
13Registry of America, Appaloosa Horse Club, American Quarter
14Horse Association, United States Trotting Association, or
15Jockey Club, as appropriate, used for purposes of breeding or
16racing for prizes. This item (21) is exempt from the provisions
17of Section 3-90, and the exemption provided for under this item
18(21) applies for all periods beginning May 30, 1995, but no
19claim for credit or refund is allowed on or after January 1,
202008 for such taxes paid during the period beginning May 30,
212000 and ending on January 1, 2008.
22 (22) Computers and communications equipment utilized for
23any hospital purpose and equipment used in the diagnosis,
24analysis, or treatment of hospital patients purchased by a
25lessor who leases the equipment, under a lease of one year or
26longer executed or in effect at the time the lessor would

HB5597- 369 -LRB098 15874 AMC 50917 b
1otherwise be subject to the tax imposed by this Act, to a
2hospital that has been issued an active tax exemption
3identification number by the Department under Section 1g of the
4Retailers' Occupation Tax Act. If the equipment is leased in a
5manner that does not qualify for this exemption or is used in
6any other non-exempt manner, the lessor shall be liable for the
7tax imposed under this Act or the Service Use Tax Act, as the
8case may be, based on the fair market value of the property at
9the time the non-qualifying use occurs. No lessor shall collect
10or attempt to collect an amount (however designated) that
11purports to reimburse that lessor for the tax imposed by this
12Act or the Service Use Tax Act, as the case may be, if the tax
13has not been paid by the lessor. If a lessor improperly
14collects any such amount from the lessee, the lessee shall have
15a legal right to claim a refund of that amount from the lessor.
16If, however, that amount is not refunded to the lessee for any
17reason, the lessor is liable to pay that amount to the
18Department.
19 (23) Personal property purchased by a lessor who leases the
20property, under a lease of one year or longer executed or in
21effect at the time the lessor would otherwise be subject to the
22tax imposed by this Act, to a governmental body that has been
23issued an active sales tax exemption identification number by
24the Department under Section 1g of the Retailers' Occupation
25Tax Act. If the property is leased in a manner that does not
26qualify for this exemption or used in any other non-exempt

HB5597- 370 -LRB098 15874 AMC 50917 b
1manner, the lessor shall be liable for the tax imposed under
2this Act or the Service Use Tax Act, as the case may be, based
3on the fair market value of the property at the time the
4non-qualifying use occurs. No lessor shall collect or attempt
5to collect an amount (however designated) that purports to
6reimburse that lessor for the tax imposed by this Act or the
7Service Use Tax Act, as the case may be, if the tax has not been
8paid by the lessor. If a lessor improperly collects any such
9amount from the lessee, the lessee shall have a legal right to
10claim a refund of that amount from the lessor. If, however,
11that amount is not refunded to the lessee for any reason, the
12lessor is liable to pay that amount to the Department.
13 (24) Beginning with taxable years ending on or after
14December 31, 1995 and ending with taxable years ending on or
15before December 31, 2004, personal property that is donated for
16disaster relief to be used in a State or federally declared
17disaster area in Illinois or bordering Illinois by a
18manufacturer or retailer that is registered in this State to a
19corporation, society, association, foundation, or institution
20that has been issued a sales tax exemption identification
21number by the Department that assists victims of the disaster
22who reside within the declared disaster area.
23 (25) Beginning with taxable years ending on or after
24December 31, 1995 and ending with taxable years ending on or
25before December 31, 2004, personal property that is used in the
26performance of infrastructure repairs in this State, including

HB5597- 371 -LRB098 15874 AMC 50917 b
1but not limited to municipal roads and streets, access roads,
2bridges, sidewalks, waste disposal systems, water and sewer
3line extensions, water distribution and purification
4facilities, storm water drainage and retention facilities, and
5sewage treatment facilities, resulting from a State or
6federally declared disaster in Illinois or bordering Illinois
7when such repairs are initiated on facilities located in the
8declared disaster area within 6 months after the disaster.
9 (26) Beginning July 1, 1999, game or game birds purchased
10at a "game breeding and hunting preserve area" as that term is
11used in the Wildlife Code. This paragraph is exempt from the
12provisions of Section 3-90.
13 (27) A motor vehicle, as that term is defined in Section
141-146 of the Illinois Vehicle Code, that is donated to a
15corporation, limited liability company, society, association,
16foundation, or institution that is determined by the Department
17to be organized and operated exclusively for educational
18purposes. For purposes of this exemption, "a corporation,
19limited liability company, society, association, foundation,
20or institution organized and operated exclusively for
21educational purposes" means all tax-supported public schools,
22private schools that offer systematic instruction in useful
23branches of learning by methods common to public schools and
24that compare favorably in their scope and intensity with the
25course of study presented in tax-supported schools, and
26vocational or technical schools or institutes organized and

HB5597- 372 -LRB098 15874 AMC 50917 b
1operated exclusively to provide a course of study of not less
2than 6 weeks duration and designed to prepare individuals to
3follow a trade or to pursue a manual, technical, mechanical,
4industrial, business, or commercial occupation.
5 (28) Beginning January 1, 2000, personal property,
6including food, purchased through fundraising events for the
7benefit of a public or private elementary or secondary school,
8a group of those schools, or one or more school districts if
9the events are sponsored by an entity recognized by the school
10district that consists primarily of volunteers and includes
11parents and teachers of the school children. This paragraph
12does not apply to fundraising events (i) for the benefit of
13private home instruction or (ii) for which the fundraising
14entity purchases the personal property sold at the events from
15another individual or entity that sold the property for the
16purpose of resale by the fundraising entity and that profits
17from the sale to the fundraising entity. This paragraph is
18exempt from the provisions of Section 3-90.
19 (29) Beginning January 1, 2000 and through December 31,
202001, new or used automatic vending machines that prepare and
21serve hot food and beverages, including coffee, soup, and other
22items, and replacement parts for these machines. Beginning
23January 1, 2002 and through June 30, 2003, machines and parts
24for machines used in commercial, coin-operated amusement and
25vending business if a use or occupation tax is paid on the
26gross receipts derived from the use of the commercial,

HB5597- 373 -LRB098 15874 AMC 50917 b
1coin-operated amusement and vending machines. This paragraph
2is exempt from the provisions of Section 3-90.
3 (30) Beginning January 1, 2001 and through June 30, 2016,
4food for human consumption that is to be consumed off the
5premises where it is sold (other than alcoholic beverages, soft
6drinks, and food that has been prepared for immediate
7consumption) and prescription and nonprescription medicines,
8drugs, medical appliances, and insulin, urine testing
9materials, syringes, and needles used by diabetics, for human
10use, when purchased for use by a person receiving medical
11assistance under Article V of the Illinois Public Aid Code who
12resides in a licensed long-term care facility, as defined in
13the Nursing Home Care Act, or in a licensed facility as defined
14in the ID/DD Community Care Act or the Specialized Mental
15Health Rehabilitation Act of 2013.
16 (31) Beginning on the effective date of this amendatory Act
17of the 92nd General Assembly, computers and communications
18equipment utilized for any hospital purpose and equipment used
19in the diagnosis, analysis, or treatment of hospital patients
20purchased by a lessor who leases the equipment, under a lease
21of one year or longer executed or in effect at the time the
22lessor would otherwise be subject to the tax imposed by this
23Act, to a hospital that has been issued an active tax exemption
24identification number by the Department under Section 1g of the
25Retailers' Occupation Tax Act. If the equipment is leased in a
26manner that does not qualify for this exemption or is used in

HB5597- 374 -LRB098 15874 AMC 50917 b
1any other nonexempt manner, the lessor shall be liable for the
2tax imposed under this Act or the Service Use Tax Act, as the
3case may be, based on the fair market value of the property at
4the time the nonqualifying use occurs. No lessor shall collect
5or attempt to collect an amount (however designated) that
6purports to reimburse that lessor for the tax imposed by this
7Act or the Service Use Tax Act, as the case may be, if the tax
8has not been paid by the lessor. If a lessor improperly
9collects any such amount from the lessee, the lessee shall have
10a legal right to claim a refund of that amount from the lessor.
11If, however, that amount is not refunded to the lessee for any
12reason, the lessor is liable to pay that amount to the
13Department. This paragraph is exempt from the provisions of
14Section 3-90.
15 (32) Beginning on the effective date of this amendatory Act
16of the 92nd General Assembly, personal property purchased by a
17lessor who leases the property, under a lease of one year or
18longer executed or in effect at the time the lessor would
19otherwise be subject to the tax imposed by this Act, to a
20governmental body that has been issued an active sales tax
21exemption identification number by the Department under
22Section 1g of the Retailers' Occupation Tax Act. If the
23property is leased in a manner that does not qualify for this
24exemption or used in any other nonexempt manner, the lessor
25shall be liable for the tax imposed under this Act or the
26Service Use Tax Act, as the case may be, based on the fair

HB5597- 375 -LRB098 15874 AMC 50917 b
1market value of the property at the time the nonqualifying use
2occurs. No lessor shall collect or attempt to collect an amount
3(however designated) that purports to reimburse that lessor for
4the tax imposed by this Act or the Service Use Tax Act, as the
5case may be, if the tax has not been paid by the lessor. If a
6lessor improperly collects any such amount from the lessee, the
7lessee shall have a legal right to claim a refund of that
8amount from the lessor. If, however, that amount is not
9refunded to the lessee for any reason, the lessor is liable to
10pay that amount to the Department. This paragraph is exempt
11from the provisions of Section 3-90.
12 (33) On and after July 1, 2003 and through June 30, 2004,
13the use in this State of motor vehicles of the second division
14with a gross vehicle weight in excess of 8,000 pounds and that
15are subject to the commercial distribution fee imposed under
16Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
171, 2004 and through June 30, 2005, the use in this State of
18motor vehicles of the second division: (i) with a gross vehicle
19weight rating in excess of 8,000 pounds; (ii) that are subject
20to the commercial distribution fee imposed under Section
213-815.1 of the Illinois Vehicle Code; and (iii) that are
22primarily used for commercial purposes. Through June 30, 2005,
23this exemption applies to repair and replacement parts added
24after the initial purchase of such a motor vehicle if that
25motor vehicle is used in a manner that would qualify for the
26rolling stock exemption otherwise provided for in this Act. For

HB5597- 376 -LRB098 15874 AMC 50917 b
1purposes of this paragraph, the term "used for commercial
2purposes" means the transportation of persons or property in
3furtherance of any commercial or industrial enterprise,
4whether for-hire or not.
5 (34) Beginning January 1, 2008, tangible personal property
6used in the construction or maintenance of a community water
7supply, as defined under Section 3.145 of the Environmental
8Protection Act, that is operated by a not-for-profit
9corporation that holds a valid water supply permit issued under
10Title IV of the Environmental Protection Act. This paragraph is
11exempt from the provisions of Section 3-90.
12 (35) Beginning January 1, 2010, materials, parts,
13equipment, components, and furnishings incorporated into or
14upon an aircraft as part of the modification, refurbishment,
15completion, replacement, repair, or maintenance of the
16aircraft. This exemption includes consumable supplies used in
17the modification, refurbishment, completion, replacement,
18repair, and maintenance of aircraft, but excludes any
19materials, parts, equipment, components, and consumable
20supplies used in the modification, replacement, repair, and
21maintenance of aircraft engines or power plants, whether such
22engines or power plants are installed or uninstalled upon any
23such aircraft. "Consumable supplies" include, but are not
24limited to, adhesive, tape, sandpaper, general purpose
25lubricants, cleaning solution, latex gloves, and protective
26films. This exemption applies only to the use of qualifying

HB5597- 377 -LRB098 15874 AMC 50917 b
1tangible personal property by persons who modify, refurbish,
2complete, repair, replace, or maintain aircraft and who (i)
3hold an Air Agency Certificate and are empowered to operate an
4approved repair station by the Federal Aviation
5Administration, (ii) have a Class IV Rating, and (iii) conduct
6operations in accordance with Part 145 of the Federal Aviation
7Regulations. The exemption does not include aircraft operated
8by a commercial air carrier providing scheduled passenger air
9service pursuant to authority issued under Part 121 or Part 129
10of the Federal Aviation Regulations. The changes made to this
11paragraph (35) by Public Act 98-534 this amendatory Act of the
1298th General Assembly are declarative of existing law.
13 (36) Tangible personal property purchased by a
14public-facilities corporation, as described in Section
1511-65-10 of the Illinois Municipal Code, for purposes of
16constructing or furnishing a municipal convention hall, but
17only if the legal title to the municipal convention hall is
18transferred to the municipality without any further
19consideration by or on behalf of the municipality at the time
20of the completion of the municipal convention hall or upon the
21retirement or redemption of any bonds or other debt instruments
22issued by the public-facilities corporation in connection with
23the development of the municipal convention hall. This
24exemption includes existing public-facilities corporations as
25provided in Section 11-65-25 of the Illinois Municipal Code.
26This paragraph is exempt from the provisions of Section 3-90.

HB5597- 378 -LRB098 15874 AMC 50917 b
1(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431,
2eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104,
3eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13;
498-534, eff. 8-23-13; 98-574, eff. 1-1-14; 98-583, eff. 1-1-14;
5revised 9-9-13.)
6 (35 ILCS 105/9) (from Ch. 120, par. 439.9)
7 Sec. 9. Except as to motor vehicles, watercraft, aircraft,
8and trailers that are required to be registered with an agency
9of this State, each retailer required or authorized to collect
10the tax imposed by this Act shall pay to the Department the
11amount of such tax (except as otherwise provided) at the time
12when he is required to file his return for the period during
13which such tax was collected, less a discount of 2.1% prior to
14January 1, 1990, and 1.75% on and after January 1, 1990, or $5
15per calendar year, whichever is greater, which is allowed to
16reimburse the retailer for expenses incurred in collecting the
17tax, keeping records, preparing and filing returns, remitting
18the tax and supplying data to the Department on request. In the
19case of retailers who report and pay the tax on a transaction
20by transaction basis, as provided in this Section, such
21discount shall be taken with each such tax remittance instead
22of when such retailer files his periodic return. The Department
23may disallow the discount for retailers whose certificate of
24registration is revoked at the time the return is filed, but
25only if the Department's decision to revoke the certificate of

HB5597- 379 -LRB098 15874 AMC 50917 b
1registration has become final. A retailer need not remit that
2part of any tax collected by him to the extent that he is
3required to remit and does remit the tax imposed by the
4Retailers' Occupation Tax Act, with respect to the sale of the
5same property.
6 Where such tangible personal property is sold under a
7conditional sales contract, or under any other form of sale
8wherein the payment of the principal sum, or a part thereof, is
9extended beyond the close of the period for which the return is
10filed, the retailer, in collecting the tax (except as to motor
11vehicles, watercraft, aircraft, and trailers that are required
12to be registered with an agency of this State), may collect for
13each tax return period, only the tax applicable to that part of
14the selling price actually received during such tax return
15period.
16 Except as provided in this Section, on or before the
17twentieth day of each calendar month, such retailer shall file
18a return for the preceding calendar month. Such return shall be
19filed on forms prescribed by the Department and shall furnish
20such information as the Department may reasonably require.
21 The Department may require returns to be filed on a
22quarterly basis. If so required, a return for each calendar
23quarter shall be filed on or before the twentieth day of the
24calendar month following the end of such calendar quarter. The
25taxpayer shall also file a return with the Department for each
26of the first two months of each calendar quarter, on or before

HB5597- 380 -LRB098 15874 AMC 50917 b
1the twentieth day of the following calendar month, stating:
2 1. The name of the seller;
3 2. The address of the principal place of business from
4 which he engages in the business of selling tangible
5 personal property at retail in this State;
6 3. The total amount of taxable receipts received by him
7 during the preceding calendar month from sales of tangible
8 personal property by him during such preceding calendar
9 month, including receipts from charge and time sales, but
10 less all deductions allowed by law;
11 4. The amount of credit provided in Section 2d of this
12 Act;
13 5. The amount of tax due;
14 5-5. The signature of the taxpayer; and
15 6. Such other reasonable information as the Department
16 may require.
17 If a taxpayer fails to sign a return within 30 days after
18the proper notice and demand for signature by the Department,
19the return shall be considered valid and any amount shown to be
20due on the return shall be deemed assessed.
21 Beginning October 1, 1993, a taxpayer who has an average
22monthly tax liability of $150,000 or more shall make all
23payments required by rules of the Department by electronic
24funds transfer. Beginning October 1, 1994, a taxpayer who has
25an average monthly tax liability of $100,000 or more shall make
26all payments required by rules of the Department by electronic

HB5597- 381 -LRB098 15874 AMC 50917 b
1funds transfer. Beginning October 1, 1995, a taxpayer who has
2an average monthly tax liability of $50,000 or more shall make
3all payments required by rules of the Department by electronic
4funds transfer. Beginning October 1, 2000, a taxpayer who has
5an annual tax liability of $200,000 or more shall make all
6payments required by rules of the Department by electronic
7funds transfer. The term "annual tax liability" shall be the
8sum of the taxpayer's liabilities under this Act, and under all
9other State and local occupation and use tax laws administered
10by the Department, for the immediately preceding calendar year.
11The term "average monthly tax liability" means the sum of the
12taxpayer's liabilities under this Act, and under all other
13State and local occupation and use tax laws administered by the
14Department, for the immediately preceding calendar year
15divided by 12. Beginning on October 1, 2002, a taxpayer who has
16a tax liability in the amount set forth in subsection (b) of
17Section 2505-210 of the Department of Revenue Law shall make
18all payments required by rules of the Department by electronic
19funds transfer.
20 Before August 1 of each year beginning in 1993, the
21Department shall notify all taxpayers required to make payments
22by electronic funds transfer. All taxpayers required to make
23payments by electronic funds transfer shall make those payments
24for a minimum of one year beginning on October 1.
25 Any taxpayer not required to make payments by electronic
26funds transfer may make payments by electronic funds transfer

HB5597- 382 -LRB098 15874 AMC 50917 b
1with the permission of the Department.
2 All taxpayers required to make payment by electronic funds
3transfer and any taxpayers authorized to voluntarily make
4payments by electronic funds transfer shall make those payments
5in the manner authorized by the Department.
6 The Department shall adopt such rules as are necessary to
7effectuate a program of electronic funds transfer and the
8requirements of this Section.
9 Before October 1, 2000, if the taxpayer's average monthly
10tax liability to the Department under this Act, the Retailers'
11Occupation Tax Act, the Service Occupation Tax Act, the Service
12Use Tax Act was $10,000 or more during the preceding 4 complete
13calendar quarters, he shall file a return with the Department
14each month by the 20th day of the month next following the
15month during which such tax liability is incurred and shall
16make payments to the Department on or before the 7th, 15th,
1722nd and last day of the month during which such liability is
18incurred. On and after October 1, 2000, if the taxpayer's
19average monthly tax liability to the Department under this Act,
20the Retailers' Occupation Tax Act, the Service Occupation Tax
21Act, and the Service Use Tax Act was $20,000 or more during the
22preceding 4 complete calendar quarters, he shall file a return
23with the Department each month by the 20th day of the month
24next following the month during which such tax liability is
25incurred and shall make payment to the Department on or before
26the 7th, 15th, 22nd and last day of the month during which such

HB5597- 383 -LRB098 15874 AMC 50917 b
1liability is incurred. If the month during which such tax
2liability is incurred began prior to January 1, 1985, each
3payment shall be in an amount equal to 1/4 of the taxpayer's
4actual liability for the month or an amount set by the
5Department not to exceed 1/4 of the average monthly liability
6of the taxpayer to the Department for the preceding 4 complete
7calendar quarters (excluding the month of highest liability and
8the month of lowest liability in such 4 quarter period). If the
9month during which such tax liability is incurred begins on or
10after January 1, 1985, and prior to January 1, 1987, each
11payment shall be in an amount equal to 22.5% of the taxpayer's
12actual liability for the month or 27.5% of the taxpayer's
13liability for the same calendar month of the preceding year. If
14the month during which such tax liability is incurred begins on
15or after January 1, 1987, and prior to January 1, 1988, each
16payment shall be in an amount equal to 22.5% of the taxpayer's
17actual liability for the month or 26.25% of the taxpayer's
18liability for the same calendar month of the preceding year. If
19the month during which such tax liability is incurred begins on
20or after January 1, 1988, and prior to January 1, 1989, or
21begins on or after January 1, 1996, each payment shall be in an
22amount equal to 22.5% of the taxpayer's actual liability for
23the month or 25% of the taxpayer's liability for the same
24calendar month of the preceding year. If the month during which
25such tax liability is incurred begins on or after January 1,
261989, and prior to January 1, 1996, each payment shall be in an

HB5597- 384 -LRB098 15874 AMC 50917 b
1amount equal to 22.5% of the taxpayer's actual liability for
2the month or 25% of the taxpayer's liability for the same
3calendar month of the preceding year or 100% of the taxpayer's
4actual liability for the quarter monthly reporting period. The
5amount of such quarter monthly payments shall be credited
6against the final tax liability of the taxpayer's return for
7that month. Before October 1, 2000, once applicable, the
8requirement of the making of quarter monthly payments to the
9Department shall continue until such taxpayer's average
10monthly liability to the Department during the preceding 4
11complete calendar quarters (excluding the month of highest
12liability and the month of lowest liability) is less than
13$9,000, or until such taxpayer's average monthly liability to
14the Department as computed for each calendar quarter of the 4
15preceding complete calendar quarter period is less than
16$10,000. However, if a taxpayer can show the Department that a
17substantial change in the taxpayer's business has occurred
18which causes the taxpayer to anticipate that his average
19monthly tax liability for the reasonably foreseeable future
20will fall below the $10,000 threshold stated above, then such
21taxpayer may petition the Department for change in such
22taxpayer's reporting status. On and after October 1, 2000, once
23applicable, the requirement of the making of quarter monthly
24payments to the Department shall continue until such taxpayer's
25average monthly liability to the Department during the
26preceding 4 complete calendar quarters (excluding the month of

HB5597- 385 -LRB098 15874 AMC 50917 b
1highest liability and the month of lowest liability) is less
2than $19,000 or until such taxpayer's average monthly liability
3to the Department as computed for each calendar quarter of the
44 preceding complete calendar quarter period is less than
5$20,000. However, if a taxpayer can show the Department that a
6substantial change in the taxpayer's business has occurred
7which causes the taxpayer to anticipate that his average
8monthly tax liability for the reasonably foreseeable future
9will fall below the $20,000 threshold stated above, then such
10taxpayer may petition the Department for a change in such
11taxpayer's reporting status. The Department shall change such
12taxpayer's reporting status unless it finds that such change is
13seasonal in nature and not likely to be long term. If any such
14quarter monthly payment is not paid at the time or in the
15amount required by this Section, then the taxpayer shall be
16liable for penalties and interest on the difference between the
17minimum amount due and the amount of such quarter monthly
18payment actually and timely paid, except insofar as the
19taxpayer has previously made payments for that month to the
20Department in excess of the minimum payments previously due as
21provided in this Section. The Department shall make reasonable
22rules and regulations to govern the quarter monthly payment
23amount and quarter monthly payment dates for taxpayers who file
24on other than a calendar monthly basis.
25 If any such payment provided for in this Section exceeds
26the taxpayer's liabilities under this Act, the Retailers'

HB5597- 386 -LRB098 15874 AMC 50917 b
1Occupation Tax Act, the Service Occupation Tax Act and the
2Service Use Tax Act, as shown by an original monthly return,
3the Department shall issue to the taxpayer a credit memorandum
4no later than 30 days after the date of payment, which
5memorandum may be submitted by the taxpayer to the Department
6in payment of tax liability subsequently to be remitted by the
7taxpayer to the Department or be assigned by the taxpayer to a
8similar taxpayer under this Act, the Retailers' Occupation Tax
9Act, the Service Occupation Tax Act or the Service Use Tax Act,
10in accordance with reasonable rules and regulations to be
11prescribed by the Department, except that if such excess
12payment is shown on an original monthly return and is made
13after December 31, 1986, no credit memorandum shall be issued,
14unless requested by the taxpayer. If no such request is made,
15the taxpayer may credit such excess payment against tax
16liability subsequently to be remitted by the taxpayer to the
17Department under this Act, the Retailers' Occupation Tax Act,
18the Service Occupation Tax Act or the Service Use Tax Act, in
19accordance with reasonable rules and regulations prescribed by
20the Department. If the Department subsequently determines that
21all or any part of the credit taken was not actually due to the
22taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
23be reduced by 2.1% or 1.75% of the difference between the
24credit taken and that actually due, and the taxpayer shall be
25liable for penalties and interest on such difference.
26 If the retailer is otherwise required to file a monthly

HB5597- 387 -LRB098 15874 AMC 50917 b
1return and if the retailer's average monthly tax liability to
2the Department does not exceed $200, the Department may
3authorize his returns to be filed on a quarter annual basis,
4with the return for January, February, and March of a given
5year being due by April 20 of such year; with the return for
6April, May and June of a given year being due by July 20 of such
7year; with the return for July, August and September of a given
8year being due by October 20 of such year, and with the return
9for October, November and December of a given year being due by
10January 20 of the following year.
11 If the retailer is otherwise required to file a monthly or
12quarterly return and if the retailer's average monthly tax
13liability to the Department does not exceed $50, the Department
14may authorize his returns to be filed on an annual basis, with
15the return for a given year being due by January 20 of the
16following year.
17 Such quarter annual and annual returns, as to form and
18substance, shall be subject to the same requirements as monthly
19returns.
20 Notwithstanding any other provision in this Act concerning
21the time within which a retailer may file his return, in the
22case of any retailer who ceases to engage in a kind of business
23which makes him responsible for filing returns under this Act,
24such retailer shall file a final return under this Act with the
25Department not more than one month after discontinuing such
26business.

HB5597- 388 -LRB098 15874 AMC 50917 b
1 In addition, with respect to motor vehicles, watercraft,
2aircraft, and trailers that are required to be registered with
3an agency of this State, every retailer selling this kind of
4tangible personal property shall file, with the Department,
5upon a form to be prescribed and supplied by the Department, a
6separate return for each such item of tangible personal
7property which the retailer sells, except that if, in the same
8transaction, (i) a retailer of aircraft, watercraft, motor
9vehicles or trailers transfers more than one aircraft,
10watercraft, motor vehicle or trailer to another aircraft,
11watercraft, motor vehicle or trailer retailer for the purpose
12of resale or (ii) a retailer of aircraft, watercraft, motor
13vehicles, or trailers transfers more than one aircraft,
14watercraft, motor vehicle, or trailer to a purchaser for use as
15a qualifying rolling stock as provided in Section 3-55 of this
16Act, then that seller may report the transfer of all the
17aircraft, watercraft, motor vehicles or trailers involved in
18that transaction to the Department on the same uniform
19invoice-transaction reporting return form. For purposes of
20this Section, "watercraft" means a Class 2, Class 3, or Class 4
21watercraft as defined in Section 3-2 of the Boat Registration
22and Safety Act, a personal watercraft, or any boat equipped
23with an inboard motor.
24 The transaction reporting return in the case of motor
25vehicles or trailers that are required to be registered with an
26agency of this State, shall be the same document as the Uniform

HB5597- 389 -LRB098 15874 AMC 50917 b
1Invoice referred to in Section 5-402 of the Illinois Vehicle
2Code and must show the name and address of the seller; the name
3and address of the purchaser; the amount of the selling price
4including the amount allowed by the retailer for traded-in
5property, if any; the amount allowed by the retailer for the
6traded-in tangible personal property, if any, to the extent to
7which Section 2 of this Act allows an exemption for the value
8of traded-in property; the balance payable after deducting such
9trade-in allowance from the total selling price; the amount of
10tax due from the retailer with respect to such transaction; the
11amount of tax collected from the purchaser by the retailer on
12such transaction (or satisfactory evidence that such tax is not
13due in that particular instance, if that is claimed to be the
14fact); the place and date of the sale; a sufficient
15identification of the property sold; such other information as
16is required in Section 5-402 of the Illinois Vehicle Code, and
17such other information as the Department may reasonably
18require.
19 The transaction reporting return in the case of watercraft
20and aircraft must show the name and address of the seller; the
21name and address of the purchaser; the amount of the selling
22price including the amount allowed by the retailer for
23traded-in property, if any; the amount allowed by the retailer
24for the traded-in tangible personal property, if any, to the
25extent to which Section 2 of this Act allows an exemption for
26the value of traded-in property; the balance payable after

HB5597- 390 -LRB098 15874 AMC 50917 b
1deducting such trade-in allowance from the total selling price;
2the amount of tax due from the retailer with respect to such
3transaction; the amount of tax collected from the purchaser by
4the retailer on such transaction (or satisfactory evidence that
5such tax is not due in that particular instance, if that is
6claimed to be the fact); the place and date of the sale, a
7sufficient identification of the property sold, and such other
8information as the Department may reasonably require.
9 Such transaction reporting return shall be filed not later
10than 20 days after the date of delivery of the item that is
11being sold, but may be filed by the retailer at any time sooner
12than that if he chooses to do so. The transaction reporting
13return and tax remittance or proof of exemption from the tax
14that is imposed by this Act may be transmitted to the
15Department by way of the State agency with which, or State
16officer with whom, the tangible personal property must be
17titled or registered (if titling or registration is required)
18if the Department and such agency or State officer determine
19that this procedure will expedite the processing of
20applications for title or registration.
21 With each such transaction reporting return, the retailer
22shall remit the proper amount of tax due (or shall submit
23satisfactory evidence that the sale is not taxable if that is
24the case), to the Department or its agents, whereupon the
25Department shall issue, in the purchaser's name, a tax receipt
26(or a certificate of exemption if the Department is satisfied

HB5597- 391 -LRB098 15874 AMC 50917 b
1that the particular sale is tax exempt) which such purchaser
2may submit to the agency with which, or State officer with
3whom, he must title or register the tangible personal property
4that is involved (if titling or registration is required) in
5support of such purchaser's application for an Illinois
6certificate or other evidence of title or registration to such
7tangible personal property.
8 No retailer's failure or refusal to remit tax under this
9Act precludes a user, who has paid the proper tax to the
10retailer, from obtaining his certificate of title or other
11evidence of title or registration (if titling or registration
12is required) upon satisfying the Department that such user has
13paid the proper tax (if tax is due) to the retailer. The
14Department shall adopt appropriate rules to carry out the
15mandate of this paragraph.
16 If the user who would otherwise pay tax to the retailer
17wants the transaction reporting return filed and the payment of
18tax or proof of exemption made to the Department before the
19retailer is willing to take these actions and such user has not
20paid the tax to the retailer, such user may certify to the fact
21of such delay by the retailer, and may (upon the Department
22being satisfied of the truth of such certification) transmit
23the information required by the transaction reporting return
24and the remittance for tax or proof of exemption directly to
25the Department and obtain his tax receipt or exemption
26determination, in which event the transaction reporting return

HB5597- 392 -LRB098 15874 AMC 50917 b
1and tax remittance (if a tax payment was required) shall be
2credited by the Department to the proper retailer's account
3with the Department, but without the 2.1% or 1.75% discount
4provided for in this Section being allowed. When the user pays
5the tax directly to the Department, he shall pay the tax in the
6same amount and in the same form in which it would be remitted
7if the tax had been remitted to the Department by the retailer.
8 Where a retailer collects the tax with respect to the
9selling price of tangible personal property which he sells and
10the purchaser thereafter returns such tangible personal
11property and the retailer refunds the selling price thereof to
12the purchaser, such retailer shall also refund, to the
13purchaser, the tax so collected from the purchaser. When filing
14his return for the period in which he refunds such tax to the
15purchaser, the retailer may deduct the amount of the tax so
16refunded by him to the purchaser from any other use tax which
17such retailer may be required to pay or remit to the
18Department, as shown by such return, if the amount of the tax
19to be deducted was previously remitted to the Department by
20such retailer. If the retailer has not previously remitted the
21amount of such tax to the Department, he is entitled to no
22deduction under this Act upon refunding such tax to the
23purchaser.
24 Any retailer filing a return under this Section shall also
25include (for the purpose of paying tax thereon) the total tax
26covered by such return upon the selling price of tangible

HB5597- 393 -LRB098 15874 AMC 50917 b
1personal property purchased by him at retail from a retailer,
2but as to which the tax imposed by this Act was not collected
3from the retailer filing such return, and such retailer shall
4remit the amount of such tax to the Department when filing such
5return.
6 If experience indicates such action to be practicable, the
7Department may prescribe and furnish a combination or joint
8return which will enable retailers, who are required to file
9returns hereunder and also under the Retailers' Occupation Tax
10Act, to furnish all the return information required by both
11Acts on the one form.
12 Where the retailer has more than one business registered
13with the Department under separate registration under this Act,
14such retailer may not file each return that is due as a single
15return covering all such registered businesses, but shall file
16separate returns for each such registered business.
17 Beginning January 1, 1990, each month the Department shall
18pay into the State and Local Sales Tax Reform Fund, a special
19fund in the State Treasury which is hereby created, the net
20revenue realized for the preceding month from the 1% tax on
21sales of food for human consumption which is to be consumed off
22the premises where it is sold (other than alcoholic beverages,
23soft drinks and food which has been prepared for immediate
24consumption) and prescription and nonprescription medicines,
25drugs, medical appliances and insulin, urine testing
26materials, syringes and needles used by diabetics.

HB5597- 394 -LRB098 15874 AMC 50917 b
1 Beginning January 1, 1990, each month the Department shall
2pay into the County and Mass Transit District Fund 4% of the
3net revenue realized for the preceding month from the 6.25%
4general rate on the selling price of tangible personal property
5which is purchased outside Illinois at retail from a retailer
6and which is titled or registered by an agency of this State's
7government.
8 Beginning January 1, 1990, each month the Department shall
9pay into the State and Local Sales Tax Reform Fund, a special
10fund in the State Treasury, 20% of the net revenue realized for
11the preceding month from the 6.25% general rate on the selling
12price of tangible personal property, other than tangible
13personal property which is purchased outside Illinois at retail
14from a retailer and which is titled or registered by an agency
15of this State's government.
16 Beginning August 1, 2000, each month the Department shall
17pay into the State and Local Sales Tax Reform Fund 100% of the
18net revenue realized for the preceding month from the 1.25%
19rate on the selling price of motor fuel and gasohol. Beginning
20September 1, 2010, each month the Department shall pay into the
21State and Local Sales Tax Reform Fund 100% of the net revenue
22realized for the preceding month from the 1.25% rate on the
23selling price of sales tax holiday items.
24 Beginning January 1, 1990, each month the Department shall
25pay into the Local Government Tax Fund 16% of the net revenue
26realized for the preceding month from the 6.25% general rate on

HB5597- 395 -LRB098 15874 AMC 50917 b
1the selling price of tangible personal property which is
2purchased outside Illinois at retail from a retailer and which
3is titled or registered by an agency of this State's
4government.
5 Beginning October 1, 2009, each month the Department shall
6pay into the Capital Projects Fund an amount that is equal to
7an amount estimated by the Department to represent 80% of the
8net revenue realized for the preceding month from the sale of
9candy, grooming and hygiene products, and soft drinks that had
10been taxed at a rate of 1% prior to September 1, 2009 but that
11are is now taxed at 6.25%.
12 Beginning July 1, 2011, each month the Department shall pay
13into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
14realized for the preceding month from the 6.25% general rate on
15the selling price of sorbents used in Illinois in the process
16of sorbent injection as used to comply with the Environmental
17Protection Act or the federal Clean Air Act, but the total
18payment into the Clean Air Act (CAA) Permit Fund under this Act
19and the Retailers' Occupation Tax Act shall not exceed
20$2,000,000 in any fiscal year.
21 Beginning July 1, 2013, each month the Department shall pay
22into the Underground Storage Tank Fund from the proceeds
23collected under this Act, the Service Use Tax Act, the Service
24Occupation Tax Act, and the Retailers' Occupation Tax Act an
25amount equal to the average monthly deficit in the Underground
26Storage Tank Fund during the prior year, as certified annually

HB5597- 396 -LRB098 15874 AMC 50917 b
1by the Illinois Environmental Protection Agency, but the total
2payment into the Underground Storage Tank Fund under this Act,
3the Service Use Tax Act, the Service Occupation Tax Act, and
4the Retailers' Occupation Tax Act shall not exceed $18,000,000
5in any State fiscal year. As used in this paragraph, the
6"average monthly deficit" shall be equal to the difference
7between the average monthly claims for payment by the fund and
8the average monthly revenues deposited into the fund, excluding
9payments made pursuant to this paragraph.
10 Of the remainder of the moneys received by the Department
11pursuant to this Act, (a) 1.75% thereof shall be paid into the
12Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
13and after July 1, 1989, 3.8% thereof shall be paid into the
14Build Illinois Fund; provided, however, that if in any fiscal
15year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
16may be, of the moneys received by the Department and required
17to be paid into the Build Illinois Fund pursuant to Section 3
18of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
19Act, Section 9 of the Service Use Tax Act, and Section 9 of the
20Service Occupation Tax Act, such Acts being hereinafter called
21the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
22may be, of moneys being hereinafter called the "Tax Act
23Amount", and (2) the amount transferred to the Build Illinois
24Fund from the State and Local Sales Tax Reform Fund shall be
25less than the Annual Specified Amount (as defined in Section 3
26of the Retailers' Occupation Tax Act), an amount equal to the

HB5597- 397 -LRB098 15874 AMC 50917 b
1difference shall be immediately paid into the Build Illinois
2Fund from other moneys received by the Department pursuant to
3the Tax Acts; and further provided, that if on the last
4business day of any month the sum of (1) the Tax Act Amount
5required to be deposited into the Build Illinois Bond Account
6in the Build Illinois Fund during such month and (2) the amount
7transferred during such month to the Build Illinois Fund from
8the State and Local Sales Tax Reform Fund shall have been less
9than 1/12 of the Annual Specified Amount, an amount equal to
10the difference shall be immediately paid into the Build
11Illinois Fund from other moneys received by the Department
12pursuant to the Tax Acts; and, further provided, that in no
13event shall the payments required under the preceding proviso
14result in aggregate payments into the Build Illinois Fund
15pursuant to this clause (b) for any fiscal year in excess of
16the greater of (i) the Tax Act Amount or (ii) the Annual
17Specified Amount for such fiscal year; and, further provided,
18that the amounts payable into the Build Illinois Fund under
19this clause (b) shall be payable only until such time as the
20aggregate amount on deposit under each trust indenture securing
21Bonds issued and outstanding pursuant to the Build Illinois
22Bond Act is sufficient, taking into account any future
23investment income, to fully provide, in accordance with such
24indenture, for the defeasance of or the payment of the
25principal of, premium, if any, and interest on the Bonds
26secured by such indenture and on any Bonds expected to be

HB5597- 398 -LRB098 15874 AMC 50917 b
1issued thereafter and all fees and costs payable with respect
2thereto, all as certified by the Director of the Bureau of the
3Budget (now Governor's Office of Management and Budget). If on
4the last business day of any month in which Bonds are
5outstanding pursuant to the Build Illinois Bond Act, the
6aggregate of the moneys deposited in the Build Illinois Bond
7Account in the Build Illinois Fund in such month shall be less
8than the amount required to be transferred in such month from
9the Build Illinois Bond Account to the Build Illinois Bond
10Retirement and Interest Fund pursuant to Section 13 of the
11Build Illinois Bond Act, an amount equal to such deficiency
12shall be immediately paid from other moneys received by the
13Department pursuant to the Tax Acts to the Build Illinois Fund;
14provided, however, that any amounts paid to the Build Illinois
15Fund in any fiscal year pursuant to this sentence shall be
16deemed to constitute payments pursuant to clause (b) of the
17preceding sentence and shall reduce the amount otherwise
18payable for such fiscal year pursuant to clause (b) of the
19preceding sentence. The moneys received by the Department
20pursuant to this Act and required to be deposited into the
21Build Illinois Fund are subject to the pledge, claim and charge
22set forth in Section 12 of the Build Illinois Bond Act.
23 Subject to payment of amounts into the Build Illinois Fund
24as provided in the preceding paragraph or in any amendment
25thereto hereafter enacted, the following specified monthly
26installment of the amount requested in the certificate of the

HB5597- 399 -LRB098 15874 AMC 50917 b
1Chairman of the Metropolitan Pier and Exposition Authority
2provided under Section 8.25f of the State Finance Act, but not
3in excess of the sums designated as "Total Deposit", shall be
4deposited in the aggregate from collections under Section 9 of
5the Use Tax Act, Section 9 of the Service Use Tax Act, Section
69 of the Service Occupation Tax Act, and Section 3 of the
7Retailers' Occupation Tax Act into the McCormick Place
8Expansion Project Fund in the specified fiscal years.
9Fiscal YearTotal Deposit
101993 $0
111994 53,000,000
121995 58,000,000
131996 61,000,000
141997 64,000,000
151998 68,000,000
161999 71,000,000
172000 75,000,000
182001 80,000,000
192002 93,000,000
202003 99,000,000
212004103,000,000
222005108,000,000
232006113,000,000
242007119,000,000
252008126,000,000
262009132,000,000

HB5597- 400 -LRB098 15874 AMC 50917 b
12010139,000,000
22011146,000,000
32012153,000,000
42013161,000,000
52014170,000,000
62015179,000,000
72016189,000,000
82017199,000,000
92018210,000,000
102019221,000,000
112020233,000,000
122021246,000,000
132022260,000,000
142023275,000,000
152024 275,000,000
162025 275,000,000
172026 279,000,000
182027 292,000,000
192028 307,000,000
202029 322,000,000
212030 338,000,000
222031 350,000,000
232032 350,000,000
24and
25each fiscal year
26thereafter that bonds

HB5597- 401 -LRB098 15874 AMC 50917 b
1are outstanding under
2Section 13.2 of the
3Metropolitan Pier and
4Exposition Authority Act,
5but not after fiscal year 2060.
6 Beginning July 20, 1993 and in each month of each fiscal
7year thereafter, one-eighth of the amount requested in the
8certificate of the Chairman of the Metropolitan Pier and
9Exposition Authority for that fiscal year, less the amount
10deposited into the McCormick Place Expansion Project Fund by
11the State Treasurer in the respective month under subsection
12(g) of Section 13 of the Metropolitan Pier and Exposition
13Authority Act, plus cumulative deficiencies in the deposits
14required under this Section for previous months and years,
15shall be deposited into the McCormick Place Expansion Project
16Fund, until the full amount requested for the fiscal year, but
17not in excess of the amount specified above as "Total Deposit",
18has been deposited.
19 Subject to payment of amounts into the Build Illinois Fund
20and the McCormick Place Expansion Project Fund pursuant to the
21preceding paragraphs or in any amendments thereto hereafter
22enacted, beginning July 1, 1993 and ending on September 30,
232013, the Department shall each month pay into the Illinois Tax
24Increment Fund 0.27% of 80% of the net revenue realized for the
25preceding month from the 6.25% general rate on the selling
26price of tangible personal property.

HB5597- 402 -LRB098 15874 AMC 50917 b
1 Subject to payment of amounts into the Build Illinois Fund
2and the McCormick Place Expansion Project Fund pursuant to the
3preceding paragraphs or in any amendments thereto hereafter
4enacted, beginning with the receipt of the first report of
5taxes paid by an eligible business and continuing for a 25-year
6period, the Department shall each month pay into the Energy
7Infrastructure Fund 80% of the net revenue realized from the
86.25% general rate on the selling price of Illinois-mined coal
9that was sold to an eligible business. For purposes of this
10paragraph, the term "eligible business" means a new electric
11generating facility certified pursuant to Section 605-332 of
12the Department of Commerce and Economic Opportunity Law of the
13Civil Administrative Code of Illinois.
14 Of the remainder of the moneys received by the Department
15pursuant to this Act, 75% thereof shall be paid into the State
16Treasury and 25% shall be reserved in a special account and
17used only for the transfer to the Common School Fund as part of
18the monthly transfer from the General Revenue Fund in
19accordance with Section 8a of the State Finance Act.
20 As soon as possible after the first day of each month, upon
21certification of the Department of Revenue, the Comptroller
22shall order transferred and the Treasurer shall transfer from
23the General Revenue Fund to the Motor Fuel Tax Fund an amount
24equal to 1.7% of 80% of the net revenue realized under this Act
25for the second preceding month. Beginning April 1, 2000, this
26transfer is no longer required and shall not be made.

HB5597- 403 -LRB098 15874 AMC 50917 b
1 Net revenue realized for a month shall be the revenue
2collected by the State pursuant to this Act, less the amount
3paid out during that month as refunds to taxpayers for
4overpayment of liability.
5 For greater simplicity of administration, manufacturers,
6importers and wholesalers whose products are sold at retail in
7Illinois by numerous retailers, and who wish to do so, may
8assume the responsibility for accounting and paying to the
9Department all tax accruing under this Act with respect to such
10sales, if the retailers who are affected do not make written
11objection to the Department to this arrangement.
12(Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24,
13eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14;
14revised 9-9-13.)
15 Section 180. The Service Use Tax Act is amended by changing
16Sections 3-5, 3-10, and 9 as follows:
17 (35 ILCS 110/3-5)
18 Sec. 3-5. Exemptions. Use of the following tangible
19personal property is exempt from the tax imposed by this Act:
20 (1) Personal property purchased from a corporation,
21society, association, foundation, institution, or
22organization, other than a limited liability company, that is
23organized and operated as a not-for-profit service enterprise
24for the benefit of persons 65 years of age or older if the

HB5597- 404 -LRB098 15874 AMC 50917 b
1personal property was not purchased by the enterprise for the
2purpose of resale by the enterprise.
3 (2) Personal property purchased by a non-profit Illinois
4county fair association for use in conducting, operating, or
5promoting the county fair.
6 (3) Personal property purchased by a not-for-profit arts or
7cultural organization that establishes, by proof required by
8the Department by rule, that it has received an exemption under
9Section 501(c)(3) of the Internal Revenue Code and that is
10organized and operated primarily for the presentation or
11support of arts or cultural programming, activities, or
12services. These organizations include, but are not limited to,
13music and dramatic arts organizations such as symphony
14orchestras and theatrical groups, arts and cultural service
15organizations, local arts councils, visual arts organizations,
16and media arts organizations. On and after the effective date
17of this amendatory Act of the 92nd General Assembly, however,
18an entity otherwise eligible for this exemption shall not make
19tax-free purchases unless it has an active identification
20number issued by the Department.
21 (4) Legal tender, currency, medallions, or gold or silver
22coinage issued by the State of Illinois, the government of the
23United States of America, or the government of any foreign
24country, and bullion.
25 (5) Until July 1, 2003 and beginning again on September 1,
262004 through August 30, 2014, graphic arts machinery and

HB5597- 405 -LRB098 15874 AMC 50917 b
1equipment, including repair and replacement parts, both new and
2used, and including that manufactured on special order or
3purchased for lease, certified by the purchaser to be used
4primarily for graphic arts production. Equipment includes
5chemicals or chemicals acting as catalysts but only if the
6chemicals or chemicals acting as catalysts effect a direct and
7immediate change upon a graphic arts product.
8 (6) Personal property purchased from a teacher-sponsored
9student organization affiliated with an elementary or
10secondary school located in Illinois.
11 (7) Farm machinery and equipment, both new and used,
12including that manufactured on special order, certified by the
13purchaser to be used primarily for production agriculture or
14State or federal agricultural programs, including individual
15replacement parts for the machinery and equipment, including
16machinery and equipment purchased for lease, and including
17implements of husbandry defined in Section 1-130 of the
18Illinois Vehicle Code, farm machinery and agricultural
19chemical and fertilizer spreaders, and nurse wagons required to
20be registered under Section 3-809 of the Illinois Vehicle Code,
21but excluding other motor vehicles required to be registered
22under the Illinois Vehicle Code. Horticultural polyhouses or
23hoop houses used for propagating, growing, or overwintering
24plants shall be considered farm machinery and equipment under
25this item (7). Agricultural chemical tender tanks and dry boxes
26shall include units sold separately from a motor vehicle

HB5597- 406 -LRB098 15874 AMC 50917 b
1required to be licensed and units sold mounted on a motor
2vehicle required to be licensed if the selling price of the
3tender is separately stated.
4 Farm machinery and equipment shall include precision
5farming equipment that is installed or purchased to be
6installed on farm machinery and equipment including, but not
7limited to, tractors, harvesters, sprayers, planters, seeders,
8or spreaders. Precision farming equipment includes, but is not
9limited to, soil testing sensors, computers, monitors,
10software, global positioning and mapping systems, and other
11such equipment.
12 Farm machinery and equipment also includes computers,
13sensors, software, and related equipment used primarily in the
14computer-assisted operation of production agriculture
15facilities, equipment, and activities such as, but not limited
16to, the collection, monitoring, and correlation of animal and
17crop data for the purpose of formulating animal diets and
18agricultural chemicals. This item (7) is exempt from the
19provisions of Section 3-75.
20 (8) Until June 30, 2013, fuel and petroleum products sold
21to or used by an air common carrier, certified by the carrier
22to be used for consumption, shipment, or storage in the conduct
23of its business as an air common carrier, for a flight destined
24for or returning from a location or locations outside the
25United States without regard to previous or subsequent domestic
26stopovers.

HB5597- 407 -LRB098 15874 AMC 50917 b
1 Beginning July 1, 2013, fuel and petroleum products sold to
2or used by an air carrier, certified by the carrier to be used
3for consumption, shipment, or storage in the conduct of its
4business as an air common carrier, for a flight that (i) is
5engaged in foreign trade or is engaged in trade between the
6United States and any of its possessions and (ii) transports at
7least one individual or package for hire from the city of
8origination to the city of final destination on the same
9aircraft, without regard to a change in the flight number of
10that aircraft.
11 (9) Proceeds of mandatory service charges separately
12stated on customers' bills for the purchase and consumption of
13food and beverages acquired as an incident to the purchase of a
14service from a serviceman, to the extent that the proceeds of
15the service charge are in fact turned over as tips or as a
16substitute for tips to the employees who participate directly
17in preparing, serving, hosting or cleaning up the food or
18beverage function with respect to which the service charge is
19imposed.
20 (10) Until July 1, 2003, oil field exploration, drilling,
21and production equipment, including (i) rigs and parts of rigs,
22rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
23tubular goods, including casing and drill strings, (iii) pumps
24and pump-jack units, (iv) storage tanks and flow lines, (v) any
25individual replacement part for oil field exploration,
26drilling, and production equipment, and (vi) machinery and

HB5597- 408 -LRB098 15874 AMC 50917 b
1equipment purchased for lease; but excluding motor vehicles
2required to be registered under the Illinois Vehicle Code.
3 (11) Proceeds from the sale of photoprocessing machinery
4and equipment, including repair and replacement parts, both new
5and used, including that manufactured on special order,
6certified by the purchaser to be used primarily for
7photoprocessing, and including photoprocessing machinery and
8equipment purchased for lease.
9 (12) Coal and aggregate exploration, mining, off-highway
10offhighway hauling, processing, maintenance, and reclamation
11equipment, including replacement parts and equipment, and
12including equipment purchased for lease, but excluding motor
13vehicles required to be registered under the Illinois Vehicle
14Code. The changes made to this Section by Public Act 97-767
15apply on and after July 1, 2003, but no claim for credit or
16refund is allowed on or after August 16, 2013 (the effective
17date of Public Act 98-456) this amendatory Act of the 98th
18General Assembly for such taxes paid during the period
19beginning July 1, 2003 and ending on August 16, 2013 (the
20effective date of Public Act 98-456) this amendatory Act of the
2198th General Assembly.
22 (13) Semen used for artificial insemination of livestock
23for direct agricultural production.
24 (14) Horses, or interests in horses, registered with and
25meeting the requirements of any of the Arabian Horse Club
26Registry of America, Appaloosa Horse Club, American Quarter

HB5597- 409 -LRB098 15874 AMC 50917 b
1Horse Association, United States Trotting Association, or
2Jockey Club, as appropriate, used for purposes of breeding or
3racing for prizes. This item (14) is exempt from the provisions
4of Section 3-75, and the exemption provided for under this item
5(14) applies for all periods beginning May 30, 1995, but no
6claim for credit or refund is allowed on or after the effective
7date of this amendatory Act of the 95th General Assembly for
8such taxes paid during the period beginning May 30, 2000 and
9ending on the effective date of this amendatory Act of the 95th
10General Assembly.
11 (15) Computers and communications equipment utilized for
12any hospital purpose and equipment used in the diagnosis,
13analysis, or treatment of hospital patients purchased by a
14lessor who leases the equipment, under a lease of one year or
15longer executed or in effect at the time the lessor would
16otherwise be subject to the tax imposed by this Act, to a
17hospital that has been issued an active tax exemption
18identification number by the Department under Section 1g of the
19Retailers' Occupation Tax Act. If the equipment is leased in a
20manner that does not qualify for this exemption or is used in
21any other non-exempt manner, the lessor shall be liable for the
22tax imposed under this Act or the Use Tax Act, as the case may
23be, based on the fair market value of the property at the time
24the non-qualifying use occurs. No lessor shall collect or
25attempt to collect an amount (however designated) that purports
26to reimburse that lessor for the tax imposed by this Act or the

HB5597- 410 -LRB098 15874 AMC 50917 b
1Use Tax Act, as the case may be, if the tax has not been paid by
2the lessor. If a lessor improperly collects any such amount
3from the lessee, the lessee shall have a legal right to claim a
4refund of that amount from the lessor. If, however, that amount
5is not refunded to the lessee for any reason, the lessor is
6liable to pay that amount to the Department.
7 (16) Personal property purchased by a lessor who leases the
8property, under a lease of one year or longer executed or in
9effect at the time the lessor would otherwise be subject to the
10tax imposed by this Act, to a governmental body that has been
11issued an active tax exemption identification number by the
12Department under Section 1g of the Retailers' Occupation Tax
13Act. If the property is leased in a manner that does not
14qualify for this exemption or is used in any other non-exempt
15manner, the lessor shall be liable for the tax imposed under
16this Act or the Use Tax Act, as the case may be, based on the
17fair market value of the property at the time the
18non-qualifying use occurs. No lessor shall collect or attempt
19to collect an amount (however designated) that purports to
20reimburse that lessor for the tax imposed by this Act or the
21Use Tax Act, as the case may be, if the tax has not been paid by
22the lessor. If a lessor improperly collects any such amount
23from the lessee, the lessee shall have a legal right to claim a
24refund of that amount from the lessor. If, however, that amount
25is not refunded to the lessee for any reason, the lessor is
26liable to pay that amount to the Department.

HB5597- 411 -LRB098 15874 AMC 50917 b
1 (17) Beginning with taxable years ending on or after
2December 31, 1995 and ending with taxable years ending on or
3before December 31, 2004, personal property that is donated for
4disaster relief to be used in a State or federally declared
5disaster area in Illinois or bordering Illinois by a
6manufacturer or retailer that is registered in this State to a
7corporation, society, association, foundation, or institution
8that has been issued a sales tax exemption identification
9number by the Department that assists victims of the disaster
10who reside within the declared disaster area.
11 (18) Beginning with taxable years ending on or after
12December 31, 1995 and ending with taxable years ending on or
13before December 31, 2004, personal property that is used in the
14performance of infrastructure repairs in this State, including
15but not limited to municipal roads and streets, access roads,
16bridges, sidewalks, waste disposal systems, water and sewer
17line extensions, water distribution and purification
18facilities, storm water drainage and retention facilities, and
19sewage treatment facilities, resulting from a State or
20federally declared disaster in Illinois or bordering Illinois
21when such repairs are initiated on facilities located in the
22declared disaster area within 6 months after the disaster.
23 (19) Beginning July 1, 1999, game or game birds purchased
24at a "game breeding and hunting preserve area" as that term is
25used in the Wildlife Code. This paragraph is exempt from the
26provisions of Section 3-75.

HB5597- 412 -LRB098 15874 AMC 50917 b
1 (20) A motor vehicle, as that term is defined in Section
21-146 of the Illinois Vehicle Code, that is donated to a
3corporation, limited liability company, society, association,
4foundation, or institution that is determined by the Department
5to be organized and operated exclusively for educational
6purposes. For purposes of this exemption, "a corporation,
7limited liability company, society, association, foundation,
8or institution organized and operated exclusively for
9educational purposes" means all tax-supported public schools,
10private schools that offer systematic instruction in useful
11branches of learning by methods common to public schools and
12that compare favorably in their scope and intensity with the
13course of study presented in tax-supported schools, and
14vocational or technical schools or institutes organized and
15operated exclusively to provide a course of study of not less
16than 6 weeks duration and designed to prepare individuals to
17follow a trade or to pursue a manual, technical, mechanical,
18industrial, business, or commercial occupation.
19 (21) Beginning January 1, 2000, personal property,
20including food, purchased through fundraising events for the
21benefit of a public or private elementary or secondary school,
22a group of those schools, or one or more school districts if
23the events are sponsored by an entity recognized by the school
24district that consists primarily of volunteers and includes
25parents and teachers of the school children. This paragraph
26does not apply to fundraising events (i) for the benefit of

HB5597- 413 -LRB098 15874 AMC 50917 b
1private home instruction or (ii) for which the fundraising
2entity purchases the personal property sold at the events from
3another individual or entity that sold the property for the
4purpose of resale by the fundraising entity and that profits
5from the sale to the fundraising entity. This paragraph is
6exempt from the provisions of Section 3-75.
7 (22) Beginning January 1, 2000 and through December 31,
82001, new or used automatic vending machines that prepare and
9serve hot food and beverages, including coffee, soup, and other
10items, and replacement parts for these machines. Beginning
11January 1, 2002 and through June 30, 2003, machines and parts
12for machines used in commercial, coin-operated amusement and
13vending business if a use or occupation tax is paid on the
14gross receipts derived from the use of the commercial,
15coin-operated amusement and vending machines. This paragraph
16is exempt from the provisions of Section 3-75.
17 (23) Beginning August 23, 2001 and through June 30, 2016,
18food for human consumption that is to be consumed off the
19premises where it is sold (other than alcoholic beverages, soft
20drinks, and food that has been prepared for immediate
21consumption) and prescription and nonprescription medicines,
22drugs, medical appliances, and insulin, urine testing
23materials, syringes, and needles used by diabetics, for human
24use, when purchased for use by a person receiving medical
25assistance under Article V of the Illinois Public Aid Code who
26resides in a licensed long-term care facility, as defined in

HB5597- 414 -LRB098 15874 AMC 50917 b
1the Nursing Home Care Act, or in a licensed facility as defined
2in the ID/DD Community Care Act or the Specialized Mental
3Health Rehabilitation Act of 2013.
4 (24) Beginning on the effective date of this amendatory Act
5of the 92nd General Assembly, computers and communications
6equipment utilized for any hospital purpose and equipment used
7in the diagnosis, analysis, or treatment of hospital patients
8purchased by a lessor who leases the equipment, under a lease
9of one year or longer executed or in effect at the time the
10lessor would otherwise be subject to the tax imposed by this
11Act, to a hospital that has been issued an active tax exemption
12identification number by the Department under Section 1g of the
13Retailers' Occupation Tax Act. If the equipment is leased in a
14manner that does not qualify for this exemption or is used in
15any other nonexempt manner, the lessor shall be liable for the
16tax imposed under this Act or the Use Tax Act, as the case may
17be, based on the fair market value of the property at the time
18the nonqualifying use occurs. No lessor shall collect or
19attempt to collect an amount (however designated) that purports
20to reimburse that lessor for the tax imposed by this Act or the
21Use Tax Act, as the case may be, if the tax has not been paid by
22the lessor. If a lessor improperly collects any such amount
23from the lessee, the lessee shall have a legal right to claim a
24refund of that amount from the lessor. If, however, that amount
25is not refunded to the lessee for any reason, the lessor is
26liable to pay that amount to the Department. This paragraph is

HB5597- 415 -LRB098 15874 AMC 50917 b
1exempt from the provisions of Section 3-75.
2 (25) Beginning on the effective date of this amendatory Act
3of the 92nd General Assembly, personal property purchased by a
4lessor who leases the property, under a lease of one year or
5longer executed or in effect at the time the lessor would
6otherwise be subject to the tax imposed by this Act, to a
7governmental body that has been issued an active tax exemption
8identification number by the Department under Section 1g of the
9Retailers' Occupation Tax Act. If the property is leased in a
10manner that does not qualify for this exemption or is used in
11any other nonexempt manner, the lessor shall be liable for the
12tax imposed under this Act or the Use Tax Act, as the case may
13be, based on the fair market value of the property at the time
14the nonqualifying use occurs. No lessor shall collect or
15attempt to collect an amount (however designated) that purports
16to reimburse that lessor for the tax imposed by this Act or the
17Use Tax Act, as the case may be, if the tax has not been paid by
18the lessor. If a lessor improperly collects any such amount
19from the lessee, the lessee shall have a legal right to claim a
20refund of that amount from the lessor. If, however, that amount
21is not refunded to the lessee for any reason, the lessor is
22liable to pay that amount to the Department. This paragraph is
23exempt from the provisions of Section 3-75.
24 (26) Beginning January 1, 2008, tangible personal property
25used in the construction or maintenance of a community water
26supply, as defined under Section 3.145 of the Environmental

HB5597- 416 -LRB098 15874 AMC 50917 b
1Protection Act, that is operated by a not-for-profit
2corporation that holds a valid water supply permit issued under
3Title IV of the Environmental Protection Act. This paragraph is
4exempt from the provisions of Section 3-75.
5 (27) Beginning January 1, 2010, materials, parts,
6equipment, components, and furnishings incorporated into or
7upon an aircraft as part of the modification, refurbishment,
8completion, replacement, repair, or maintenance of the
9aircraft. This exemption includes consumable supplies used in
10the modification, refurbishment, completion, replacement,
11repair, and maintenance of aircraft, but excludes any
12materials, parts, equipment, components, and consumable
13supplies used in the modification, replacement, repair, and
14maintenance of aircraft engines or power plants, whether such
15engines or power plants are installed or uninstalled upon any
16such aircraft. "Consumable supplies" include, but are not
17limited to, adhesive, tape, sandpaper, general purpose
18lubricants, cleaning solution, latex gloves, and protective
19films. This exemption applies only to the use of qualifying
20tangible personal property transferred incident to the
21modification, refurbishment, completion, replacement, repair,
22or maintenance of aircraft by persons who (i) hold an Air
23Agency Certificate and are empowered to operate an approved
24repair station by the Federal Aviation Administration, (ii)
25have a Class IV Rating, and (iii) conduct operations in
26accordance with Part 145 of the Federal Aviation Regulations.

HB5597- 417 -LRB098 15874 AMC 50917 b
1The exemption does not include aircraft operated by a
2commercial air carrier providing scheduled passenger air
3service pursuant to authority issued under Part 121 or Part 129
4of the Federal Aviation Regulations. The changes made to this
5paragraph (27) by Public Act 98-534 this amendatory Act of the
698th General Assembly are declarative of existing law.
7 (28) Tangible personal property purchased by a
8public-facilities corporation, as described in Section
911-65-10 of the Illinois Municipal Code, for purposes of
10constructing or furnishing a municipal convention hall, but
11only if the legal title to the municipal convention hall is
12transferred to the municipality without any further
13consideration by or on behalf of the municipality at the time
14of the completion of the municipal convention hall or upon the
15retirement or redemption of any bonds or other debt instruments
16issued by the public-facilities corporation in connection with
17the development of the municipal convention hall. This
18exemption includes existing public-facilities corporations as
19provided in Section 11-65-25 of the Illinois Municipal Code.
20This paragraph is exempt from the provisions of Section 3-75.
21(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431,
22eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104,
23eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13;
2498-534, eff. 8-23-13; revised 9-9-13.)
25 (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)

HB5597- 418 -LRB098 15874 AMC 50917 b
1 Sec. 3-10. Rate of tax. Unless otherwise provided in this
2Section, the tax imposed by this Act is at the rate of 6.25% of
3the selling price of tangible personal property transferred as
4an incident to the sale of service, but, for the purpose of
5computing this tax, in no event shall the selling price be less
6than the cost price of the property to the serviceman.
7 Beginning on July 1, 2000 and through December 31, 2000,
8with respect to motor fuel, as defined in Section 1.1 of the
9Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
10the Use Tax Act, the tax is imposed at the rate of 1.25%.
11 With respect to gasohol, as defined in the Use Tax Act, the
12tax imposed by this Act applies to (i) 70% of the selling price
13of property transferred as an incident to the sale of service
14on or after January 1, 1990, and before July 1, 2003, (ii) 80%
15of the selling price of property transferred as an incident to
16the sale of service on or after July 1, 2003 and on or before
17December 31, 2018, and (iii) 100% of the selling price
18thereafter. If, at any time, however, the tax under this Act on
19sales of gasohol, as defined in the Use Tax Act, is imposed at
20the rate of 1.25%, then the tax imposed by this Act applies to
21100% of the proceeds of sales of gasohol made during that time.
22 With respect to majority blended ethanol fuel, as defined
23in the Use Tax Act, the tax imposed by this Act does not apply
24to the selling price of property transferred as an incident to
25the sale of service on or after July 1, 2003 and on or before
26December 31, 2018 but applies to 100% of the selling price

HB5597- 419 -LRB098 15874 AMC 50917 b
1thereafter.
2 With respect to biodiesel blends, as defined in the Use Tax
3Act, with no less than 1% and no more than 10% biodiesel, the
4tax imposed by this Act applies to (i) 80% of the selling price
5of property transferred as an incident to the sale of service
6on or after July 1, 2003 and on or before December 31, 2018 and
7(ii) 100% of the proceeds of the selling price thereafter. If,
8at any time, however, the tax under this Act on sales of
9biodiesel blends, as defined in the Use Tax Act, with no less
10than 1% and no more than 10% biodiesel is imposed at the rate
11of 1.25%, then the tax imposed by this Act applies to 100% of
12the proceeds of sales of biodiesel blends with no less than 1%
13and no more than 10% biodiesel made during that time.
14 With respect to 100% biodiesel, as defined in the Use Tax
15Act, and biodiesel blends, as defined in the Use Tax Act, with
16more than 10% but no more than 99% biodiesel, the tax imposed
17by this Act does not apply to the proceeds of the selling price
18of property transferred as an incident to the sale of service
19on or after July 1, 2003 and on or before December 31, 2018 but
20applies to 100% of the selling price thereafter.
21 At the election of any registered serviceman made for each
22fiscal year, sales of service in which the aggregate annual
23cost price of tangible personal property transferred as an
24incident to the sales of service is less than 35%, or 75% in
25the case of servicemen transferring prescription drugs or
26servicemen engaged in graphic arts production, of the aggregate

HB5597- 420 -LRB098 15874 AMC 50917 b
1annual total gross receipts from all sales of service, the tax
2imposed by this Act shall be based on the serviceman's cost
3price of the tangible personal property transferred as an
4incident to the sale of those services.
5 The tax shall be imposed at the rate of 1% on food prepared
6for immediate consumption and transferred incident to a sale of
7service subject to this Act or the Service Occupation Tax Act
8by an entity licensed under the Hospital Licensing Act, the
9Nursing Home Care Act, the ID/DD Community Care Act, the
10Specialized Mental Health Rehabilitation Act of 2013, or the
11Child Care Act of 1969. The tax shall also be imposed at the
12rate of 1% on food for human consumption that is to be consumed
13off the premises where it is sold (other than alcoholic
14beverages, soft drinks, and food that has been prepared for
15immediate consumption and is not otherwise included in this
16paragraph) and prescription and nonprescription medicines,
17drugs, medical appliances, modifications to a motor vehicle for
18the purpose of rendering it usable by a disabled person, and
19insulin, urine testing materials, syringes, and needles used by
20diabetics, for human use. For the purposes of this Section,
21until September 1, 2009: the term "soft drinks" means any
22complete, finished, ready-to-use, non-alcoholic drink, whether
23carbonated or not, including but not limited to soda water,
24cola, fruit juice, vegetable juice, carbonated water, and all
25other preparations commonly known as soft drinks of whatever
26kind or description that are contained in any closed or sealed

HB5597- 421 -LRB098 15874 AMC 50917 b
1bottle, can, carton, or container, regardless of size; but
2"soft drinks" does not include coffee, tea, non-carbonated
3water, infant formula, milk or milk products as defined in the
4Grade A Pasteurized Milk and Milk Products Act, or drinks
5containing 50% or more natural fruit or vegetable juice.
6 Notwithstanding any other provisions of this Act,
7beginning September 1, 2009, "soft drinks" means non-alcoholic
8beverages that contain natural or artificial sweeteners. "Soft
9drinks" do not include beverages that contain milk or milk
10products, soy, rice or similar milk substitutes, or greater
11than 50% of vegetable or fruit juice by volume.
12 Until August 1, 2009, and notwithstanding any other
13provisions of this Act, "food for human consumption that is to
14be consumed off the premises where it is sold" includes all
15food sold through a vending machine, except soft drinks and
16food products that are dispensed hot from a vending machine,
17regardless of the location of the vending machine. Beginning
18August 1, 2009, and notwithstanding any other provisions of
19this Act, "food for human consumption that is to be consumed
20off the premises where it is sold" includes all food sold
21through a vending machine, except soft drinks, candy, and food
22products that are dispensed hot from a vending machine,
23regardless of the location of the vending machine.
24 Notwithstanding any other provisions of this Act,
25beginning September 1, 2009, "food for human consumption that
26is to be consumed off the premises where it is sold" does not

HB5597- 422 -LRB098 15874 AMC 50917 b
1include candy. For purposes of this Section, "candy" means a
2preparation of sugar, honey, or other natural or artificial
3sweeteners in combination with chocolate, fruits, nuts or other
4ingredients or flavorings in the form of bars, drops, or
5pieces. "Candy" does not include any preparation that contains
6flour or requires refrigeration.
7 Notwithstanding any other provisions of this Act,
8beginning September 1, 2009, "nonprescription medicines and
9drugs" does not include grooming and hygiene products. For
10purposes of this Section, "grooming and hygiene products"
11includes, but is not limited to, soaps and cleaning solutions,
12shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
13lotions and screens, unless those products are available by
14prescription only, regardless of whether the products meet the
15definition of "over-the-counter-drugs". For the purposes of
16this paragraph, "over-the-counter-drug" means a drug for human
17use that contains a label that identifies the product as a drug
18as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
19label includes:
20 (A) A "Drug Facts" panel; or
21 (B) A statement of the "active ingredient(s)" with a
22 list of those ingredients contained in the compound,
23 substance or preparation.
24 Beginning on January 1, 2014 (the effective date of Public
25Act 98-122) this amendatory Act of the 98th General Assembly,
26"prescription and nonprescription medicines and drugs"

HB5597- 423 -LRB098 15874 AMC 50917 b
1includes medical cannabis purchased from a registered
2dispensing organization under the Compassionate Use of Medical
3Cannabis Pilot Program Act.
4 If the property that is acquired from a serviceman is
5acquired outside Illinois and used outside Illinois before
6being brought to Illinois for use here and is taxable under
7this Act, the "selling price" on which the tax is computed
8shall be reduced by an amount that represents a reasonable
9allowance for depreciation for the period of prior out-of-state
10use.
11(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
12eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; revised
138-9-13.)
14 (35 ILCS 110/9) (from Ch. 120, par. 439.39)
15 Sec. 9. Each serviceman required or authorized to collect
16the tax herein imposed shall pay to the Department the amount
17of such tax (except as otherwise provided) at the time when he
18is required to file his return for the period during which such
19tax was collected, less a discount of 2.1% prior to January 1,
201990 and 1.75% on and after January 1, 1990, or $5 per calendar
21year, whichever is greater, which is allowed to reimburse the
22serviceman for expenses incurred in collecting the tax, keeping
23records, preparing and filing returns, remitting the tax and
24supplying data to the Department on request. The Department may
25disallow the discount for servicemen whose certificate of

HB5597- 424 -LRB098 15874 AMC 50917 b
1registration is revoked at the time the return is filed, but
2only if the Department's decision to revoke the certificate of
3registration has become final. A serviceman need not remit that
4part of any tax collected by him to the extent that he is
5required to pay and does pay the tax imposed by the Service
6Occupation Tax Act with respect to his sale of service
7involving the incidental transfer by him of the same property.
8 Except as provided hereinafter in this Section, on or
9before the twentieth day of each calendar month, such
10serviceman shall file a return for the preceding calendar month
11in accordance with reasonable Rules and Regulations to be
12promulgated by the Department. Such return shall be filed on a
13form prescribed by the Department and shall contain such
14information as the Department may reasonably require.
15 The Department may require returns to be filed on a
16quarterly basis. If so required, a return for each calendar
17quarter shall be filed on or before the twentieth day of the
18calendar month following the end of such calendar quarter. The
19taxpayer shall also file a return with the Department for each
20of the first two months of each calendar quarter, on or before
21the twentieth day of the following calendar month, stating:
22 1. The name of the seller;
23 2. The address of the principal place of business from
24 which he engages in business as a serviceman in this State;
25 3. The total amount of taxable receipts received by him
26 during the preceding calendar month, including receipts

HB5597- 425 -LRB098 15874 AMC 50917 b
1 from charge and time sales, but less all deductions allowed
2 by law;
3 4. The amount of credit provided in Section 2d of this
4 Act;
5 5. The amount of tax due;
6 5-5. The signature of the taxpayer; and
7 6. Such other reasonable information as the Department
8 may require.
9 If a taxpayer fails to sign a return within 30 days after
10the proper notice and demand for signature by the Department,
11the return shall be considered valid and any amount shown to be
12due on the return shall be deemed assessed.
13 Beginning October 1, 1993, a taxpayer who has an average
14monthly tax liability of $150,000 or more shall make all
15payments required by rules of the Department by electronic
16funds transfer. Beginning October 1, 1994, a taxpayer who has
17an average monthly tax liability of $100,000 or more shall make
18all payments required by rules of the Department by electronic
19funds transfer. Beginning October 1, 1995, a taxpayer who has
20an average monthly tax liability of $50,000 or more shall make
21all payments required by rules of the Department by electronic
22funds transfer. Beginning October 1, 2000, a taxpayer who has
23an annual tax liability of $200,000 or more shall make all
24payments required by rules of the Department by electronic
25funds transfer. The term "annual tax liability" shall be the
26sum of the taxpayer's liabilities under this Act, and under all

HB5597- 426 -LRB098 15874 AMC 50917 b
1other State and local occupation and use tax laws administered
2by the Department, for the immediately preceding calendar year.
3The term "average monthly tax liability" means the sum of the
4taxpayer's liabilities under this Act, and under all other
5State and local occupation and use tax laws administered by the
6Department, for the immediately preceding calendar year
7divided by 12. Beginning on October 1, 2002, a taxpayer who has
8a tax liability in the amount set forth in subsection (b) of
9Section 2505-210 of the Department of Revenue Law shall make
10all payments required by rules of the Department by electronic
11funds transfer.
12 Before August 1 of each year beginning in 1993, the
13Department shall notify all taxpayers required to make payments
14by electronic funds transfer. All taxpayers required to make
15payments by electronic funds transfer shall make those payments
16for a minimum of one year beginning on October 1.
17 Any taxpayer not required to make payments by electronic
18funds transfer may make payments by electronic funds transfer
19with the permission of the Department.
20 All taxpayers required to make payment by electronic funds
21transfer and any taxpayers authorized to voluntarily make
22payments by electronic funds transfer shall make those payments
23in the manner authorized by the Department.
24 The Department shall adopt such rules as are necessary to
25effectuate a program of electronic funds transfer and the
26requirements of this Section.

HB5597- 427 -LRB098 15874 AMC 50917 b
1 If the serviceman is otherwise required to file a monthly
2return and if the serviceman's average monthly tax liability to
3the Department does not exceed $200, the Department may
4authorize his returns to be filed on a quarter annual basis,
5with the return for January, February and March of a given year
6being due by April 20 of such year; with the return for April,
7May and June of a given year being due by July 20 of such year;
8with the return for July, August and September of a given year
9being due by October 20 of such year, and with the return for
10October, November and December of a given year being due by
11January 20 of the following year.
12 If the serviceman is otherwise required to file a monthly
13or quarterly return and if the serviceman's average monthly tax
14liability to the Department does not exceed $50, the Department
15may authorize his returns to be filed on an annual basis, with
16the return for a given year being due by January 20 of the
17following year.
18 Such quarter annual and annual returns, as to form and
19substance, shall be subject to the same requirements as monthly
20returns.
21 Notwithstanding any other provision in this Act concerning
22the time within which a serviceman may file his return, in the
23case of any serviceman who ceases to engage in a kind of
24business which makes him responsible for filing returns under
25this Act, such serviceman shall file a final return under this
26Act with the Department not more than 1 month after

HB5597- 428 -LRB098 15874 AMC 50917 b
1discontinuing such business.
2 Where a serviceman collects the tax with respect to the
3selling price of property which he sells and the purchaser
4thereafter returns such property and the serviceman refunds the
5selling price thereof to the purchaser, such serviceman shall
6also refund, to the purchaser, the tax so collected from the
7purchaser. When filing his return for the period in which he
8refunds such tax to the purchaser, the serviceman may deduct
9the amount of the tax so refunded by him to the purchaser from
10any other Service Use Tax, Service Occupation Tax, retailers'
11occupation tax or use tax which such serviceman may be required
12to pay or remit to the Department, as shown by such return,
13provided that the amount of the tax to be deducted shall
14previously have been remitted to the Department by such
15serviceman. If the serviceman shall not previously have
16remitted the amount of such tax to the Department, he shall be
17entitled to no deduction hereunder upon refunding such tax to
18the purchaser.
19 Any serviceman filing a return hereunder shall also include
20the total tax upon the selling price of tangible personal
21property purchased for use by him as an incident to a sale of
22service, and such serviceman shall remit the amount of such tax
23to the Department when filing such return.
24 If experience indicates such action to be practicable, the
25Department may prescribe and furnish a combination or joint
26return which will enable servicemen, who are required to file

HB5597- 429 -LRB098 15874 AMC 50917 b
1returns hereunder and also under the Service Occupation Tax
2Act, to furnish all the return information required by both
3Acts on the one form.
4 Where the serviceman has more than one business registered
5with the Department under separate registration hereunder,
6such serviceman shall not file each return that is due as a
7single return covering all such registered businesses, but
8shall file separate returns for each such registered business.
9 Beginning January 1, 1990, each month the Department shall
10pay into the State and Local Tax Reform Fund, a special fund in
11the State Treasury, the net revenue realized for the preceding
12month from the 1% tax on sales of food for human consumption
13which is to be consumed off the premises where it is sold
14(other than alcoholic beverages, soft drinks and food which has
15been prepared for immediate consumption) and prescription and
16nonprescription medicines, drugs, medical appliances and
17insulin, urine testing materials, syringes and needles used by
18diabetics.
19 Beginning January 1, 1990, each month the Department shall
20pay into the State and Local Sales Tax Reform Fund 20% of the
21net revenue realized for the preceding month from the 6.25%
22general rate on transfers of tangible personal property, other
23than tangible personal property which is purchased outside
24Illinois at retail from a retailer and which is titled or
25registered by an agency of this State's government.
26 Beginning August 1, 2000, each month the Department shall

HB5597- 430 -LRB098 15874 AMC 50917 b
1pay into the State and Local Sales Tax Reform Fund 100% of the
2net revenue realized for the preceding month from the 1.25%
3rate on the selling price of motor fuel and gasohol.
4 Beginning October 1, 2009, each month the Department shall
5pay into the Capital Projects Fund an amount that is equal to
6an amount estimated by the Department to represent 80% of the
7net revenue realized for the preceding month from the sale of
8candy, grooming and hygiene products, and soft drinks that had
9been taxed at a rate of 1% prior to September 1, 2009 but that
10are is now taxed at 6.25%.
11 Beginning July 1, 2013, each month the Department shall pay
12into the Underground Storage Tank Fund from the proceeds
13collected under this Act, the Use Tax Act, the Service
14Occupation Tax Act, and the Retailers' Occupation Tax Act an
15amount equal to the average monthly deficit in the Underground
16Storage Tank Fund during the prior year, as certified annually
17by the Illinois Environmental Protection Agency, but the total
18payment into the Underground Storage Tank Fund under this Act,
19the Use Tax Act, the Service Occupation Tax Act, and the
20Retailers' Occupation Tax Act shall not exceed $18,000,000 in
21any State fiscal year. As used in this paragraph, the "average
22monthly deficit" shall be equal to the difference between the
23average monthly claims for payment by the fund and the average
24monthly revenues deposited into the fund, excluding payments
25made pursuant to this paragraph.
26 Of the remainder of the moneys received by the Department

HB5597- 431 -LRB098 15874 AMC 50917 b
1pursuant to this Act, (a) 1.75% thereof shall be paid into the
2Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
3and after July 1, 1989, 3.8% thereof shall be paid into the
4Build Illinois Fund; provided, however, that if in any fiscal
5year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
6may be, of the moneys received by the Department and required
7to be paid into the Build Illinois Fund pursuant to Section 3
8of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
9Act, Section 9 of the Service Use Tax Act, and Section 9 of the
10Service Occupation Tax Act, such Acts being hereinafter called
11the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
12may be, of moneys being hereinafter called the "Tax Act
13Amount", and (2) the amount transferred to the Build Illinois
14Fund from the State and Local Sales Tax Reform Fund shall be
15less than the Annual Specified Amount (as defined in Section 3
16of the Retailers' Occupation Tax Act), an amount equal to the
17difference shall be immediately paid into the Build Illinois
18Fund from other moneys received by the Department pursuant to
19the Tax Acts; and further provided, that if on the last
20business day of any month the sum of (1) the Tax Act Amount
21required to be deposited into the Build Illinois Bond Account
22in the Build Illinois Fund during such month and (2) the amount
23transferred during such month to the Build Illinois Fund from
24the State and Local Sales Tax Reform Fund shall have been less
25than 1/12 of the Annual Specified Amount, an amount equal to
26the difference shall be immediately paid into the Build

HB5597- 432 -LRB098 15874 AMC 50917 b
1Illinois Fund from other moneys received by the Department
2pursuant to the Tax Acts; and, further provided, that in no
3event shall the payments required under the preceding proviso
4result in aggregate payments into the Build Illinois Fund
5pursuant to this clause (b) for any fiscal year in excess of
6the greater of (i) the Tax Act Amount or (ii) the Annual
7Specified Amount for such fiscal year; and, further provided,
8that the amounts payable into the Build Illinois Fund under
9this clause (b) shall be payable only until such time as the
10aggregate amount on deposit under each trust indenture securing
11Bonds issued and outstanding pursuant to the Build Illinois
12Bond Act is sufficient, taking into account any future
13investment income, to fully provide, in accordance with such
14indenture, for the defeasance of or the payment of the
15principal of, premium, if any, and interest on the Bonds
16secured by such indenture and on any Bonds expected to be
17issued thereafter and all fees and costs payable with respect
18thereto, all as certified by the Director of the Bureau of the
19Budget (now Governor's Office of Management and Budget). If on
20the last business day of any month in which Bonds are
21outstanding pursuant to the Build Illinois Bond Act, the
22aggregate of the moneys deposited in the Build Illinois Bond
23Account in the Build Illinois Fund in such month shall be less
24than the amount required to be transferred in such month from
25the Build Illinois Bond Account to the Build Illinois Bond
26Retirement and Interest Fund pursuant to Section 13 of the

HB5597- 433 -LRB098 15874 AMC 50917 b
1Build Illinois Bond Act, an amount equal to such deficiency
2shall be immediately paid from other moneys received by the
3Department pursuant to the Tax Acts to the Build Illinois Fund;
4provided, however, that any amounts paid to the Build Illinois
5Fund in any fiscal year pursuant to this sentence shall be
6deemed to constitute payments pursuant to clause (b) of the
7preceding sentence and shall reduce the amount otherwise
8payable for such fiscal year pursuant to clause (b) of the
9preceding sentence. The moneys received by the Department
10pursuant to this Act and required to be deposited into the
11Build Illinois Fund are subject to the pledge, claim and charge
12set forth in Section 12 of the Build Illinois Bond Act.
13 Subject to payment of amounts into the Build Illinois Fund
14as provided in the preceding paragraph or in any amendment
15thereto hereafter enacted, the following specified monthly
16installment of the amount requested in the certificate of the
17Chairman of the Metropolitan Pier and Exposition Authority
18provided under Section 8.25f of the State Finance Act, but not
19in excess of the sums designated as "Total Deposit", shall be
20deposited in the aggregate from collections under Section 9 of
21the Use Tax Act, Section 9 of the Service Use Tax Act, Section
229 of the Service Occupation Tax Act, and Section 3 of the
23Retailers' Occupation Tax Act into the McCormick Place
24Expansion Project Fund in the specified fiscal years.
25Fiscal YearTotal Deposit

HB5597- 434 -LRB098 15874 AMC 50917 b
11993 $0
21994 53,000,000
31995 58,000,000
41996 61,000,000
51997 64,000,000
61998 68,000,000
71999 71,000,000
82000 75,000,000
92001 80,000,000
102002 93,000,000
112003 99,000,000
122004103,000,000
132005108,000,000
142006113,000,000
152007119,000,000
162008126,000,000
172009132,000,000
182010139,000,000
192011146,000,000
202012153,000,000
212013161,000,000
222014170,000,000
232015179,000,000
242016189,000,000
252017199,000,000
262018210,000,000

HB5597- 435 -LRB098 15874 AMC 50917 b
12019221,000,000
22020233,000,000
32021246,000,000
42022260,000,000
52023275,000,000
62024 275,000,000
72025 275,000,000
82026 279,000,000
92027 292,000,000
102028 307,000,000
112029 322,000,000
122030 338,000,000
132031 350,000,000
142032 350,000,000
15and
16each fiscal year
17thereafter that bonds
18are outstanding under
19Section 13.2 of the
20Metropolitan Pier and
21Exposition Authority Act,
22but not after fiscal year 2060.
23 Beginning July 20, 1993 and in each month of each fiscal
24year thereafter, one-eighth of the amount requested in the
25certificate of the Chairman of the Metropolitan Pier and
26Exposition Authority for that fiscal year, less the amount

HB5597- 436 -LRB098 15874 AMC 50917 b
1deposited into the McCormick Place Expansion Project Fund by
2the State Treasurer in the respective month under subsection
3(g) of Section 13 of the Metropolitan Pier and Exposition
4Authority Act, plus cumulative deficiencies in the deposits
5required under this Section for previous months and years,
6shall be deposited into the McCormick Place Expansion Project
7Fund, until the full amount requested for the fiscal year, but
8not in excess of the amount specified above as "Total Deposit",
9has been deposited.
10 Subject to payment of amounts into the Build Illinois Fund
11and the McCormick Place Expansion Project Fund pursuant to the
12preceding paragraphs or in any amendments thereto hereafter
13enacted, beginning July 1, 1993 and ending on September 30,
142013, the Department shall each month pay into the Illinois Tax
15Increment Fund 0.27% of 80% of the net revenue realized for the
16preceding month from the 6.25% general rate on the selling
17price of tangible personal property.
18 Subject to payment of amounts into the Build Illinois Fund
19and the McCormick Place Expansion Project Fund pursuant to the
20preceding paragraphs or in any amendments thereto hereafter
21enacted, beginning with the receipt of the first report of
22taxes paid by an eligible business and continuing for a 25-year
23period, the Department shall each month pay into the Energy
24Infrastructure Fund 80% of the net revenue realized from the
256.25% general rate on the selling price of Illinois-mined coal
26that was sold to an eligible business. For purposes of this

HB5597- 437 -LRB098 15874 AMC 50917 b
1paragraph, the term "eligible business" means a new electric
2generating facility certified pursuant to Section 605-332 of
3the Department of Commerce and Economic Opportunity Law of the
4Civil Administrative Code of Illinois.
5 Of the remainder of the moneys received by the Department
6pursuant to this Act, 75% thereof shall be paid into the
7General Revenue Fund of the State Treasury and 25% shall be
8reserved in a special account and used only for the transfer to
9the Common School Fund as part of the monthly transfer from the
10General Revenue Fund in accordance with Section 8a of the State
11Finance Act.
12 As soon as possible after the first day of each month, upon
13certification of the Department of Revenue, the Comptroller
14shall order transferred and the Treasurer shall transfer from
15the General Revenue Fund to the Motor Fuel Tax Fund an amount
16equal to 1.7% of 80% of the net revenue realized under this Act
17for the second preceding month. Beginning April 1, 2000, this
18transfer is no longer required and shall not be made.
19 Net revenue realized for a month shall be the revenue
20collected by the State pursuant to this Act, less the amount
21paid out during that month as refunds to taxpayers for
22overpayment of liability.
23(Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13;
2498-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.)
25 Section 185. The Service Occupation Tax Act is amended by

HB5597- 438 -LRB098 15874 AMC 50917 b
1changing Sections 3-5, 3-10, and 9 as follows:
2 (35 ILCS 115/3-5)
3 Sec. 3-5. Exemptions. The following tangible personal
4property is exempt from the tax imposed by this Act:
5 (1) Personal property sold by a corporation, society,
6association, foundation, institution, or organization, other
7than a limited liability company, that is organized and
8operated as a not-for-profit service enterprise for the benefit
9of persons 65 years of age or older if the personal property
10was not purchased by the enterprise for the purpose of resale
11by the enterprise.
12 (2) Personal property purchased by a not-for-profit
13Illinois county fair association for use in conducting,
14operating, or promoting the county fair.
15 (3) Personal property purchased by any not-for-profit arts
16or cultural organization that establishes, by proof required by
17the Department by rule, that it has received an exemption under
18Section 501(c)(3) of the Internal Revenue Code and that is
19organized and operated primarily for the presentation or
20support of arts or cultural programming, activities, or
21services. These organizations include, but are not limited to,
22music and dramatic arts organizations such as symphony
23orchestras and theatrical groups, arts and cultural service
24organizations, local arts councils, visual arts organizations,
25and media arts organizations. On and after the effective date

HB5597- 439 -LRB098 15874 AMC 50917 b
1of this amendatory Act of the 92nd General Assembly, however,
2an entity otherwise eligible for this exemption shall not make
3tax-free purchases unless it has an active identification
4number issued by the Department.
5 (4) Legal tender, currency, medallions, or gold or silver
6coinage issued by the State of Illinois, the government of the
7United States of America, or the government of any foreign
8country, and bullion.
9 (5) Until July 1, 2003 and beginning again on September 1,
102004 through August 30, 2014, graphic arts machinery and
11equipment, including repair and replacement parts, both new and
12used, and including that manufactured on special order or
13purchased for lease, certified by the purchaser to be used
14primarily for graphic arts production. Equipment includes
15chemicals or chemicals acting as catalysts but only if the
16chemicals or chemicals acting as catalysts effect a direct and
17immediate change upon a graphic arts product.
18 (6) Personal property sold by a teacher-sponsored student
19organization affiliated with an elementary or secondary school
20located in Illinois.
21 (7) Farm machinery and equipment, both new and used,
22including that manufactured on special order, certified by the
23purchaser to be used primarily for production agriculture or
24State or federal agricultural programs, including individual
25replacement parts for the machinery and equipment, including
26machinery and equipment purchased for lease, and including

HB5597- 440 -LRB098 15874 AMC 50917 b
1implements of husbandry defined in Section 1-130 of the
2Illinois Vehicle Code, farm machinery and agricultural
3chemical and fertilizer spreaders, and nurse wagons required to
4be registered under Section 3-809 of the Illinois Vehicle Code,
5but excluding other motor vehicles required to be registered
6under the Illinois Vehicle Code. Horticultural polyhouses or
7hoop houses used for propagating, growing, or overwintering
8plants shall be considered farm machinery and equipment under
9this item (7). Agricultural chemical tender tanks and dry boxes
10shall include units sold separately from a motor vehicle
11required to be licensed and units sold mounted on a motor
12vehicle required to be licensed if the selling price of the
13tender is separately stated.
14 Farm machinery and equipment shall include precision
15farming equipment that is installed or purchased to be
16installed on farm machinery and equipment including, but not
17limited to, tractors, harvesters, sprayers, planters, seeders,
18or spreaders. Precision farming equipment includes, but is not
19limited to, soil testing sensors, computers, monitors,
20software, global positioning and mapping systems, and other
21such equipment.
22 Farm machinery and equipment also includes computers,
23sensors, software, and related equipment used primarily in the
24computer-assisted operation of production agriculture
25facilities, equipment, and activities such as, but not limited
26to, the collection, monitoring, and correlation of animal and

HB5597- 441 -LRB098 15874 AMC 50917 b
1crop data for the purpose of formulating animal diets and
2agricultural chemicals. This item (7) is exempt from the
3provisions of Section 3-55.
4 (8) Until June 30, 2013, fuel and petroleum products sold
5to or used by an air common carrier, certified by the carrier
6to be used for consumption, shipment, or storage in the conduct
7of its business as an air common carrier, for a flight destined
8for or returning from a location or locations outside the
9United States without regard to previous or subsequent domestic
10stopovers.
11 Beginning July 1, 2013, fuel and petroleum products sold to
12or used by an air carrier, certified by the carrier to be used
13for consumption, shipment, or storage in the conduct of its
14business as an air common carrier, for a flight that (i) is
15engaged in foreign trade or is engaged in trade between the
16United States and any of its possessions and (ii) transports at
17least one individual or package for hire from the city of
18origination to the city of final destination on the same
19aircraft, without regard to a change in the flight number of
20that aircraft.
21 (9) Proceeds of mandatory service charges separately
22stated on customers' bills for the purchase and consumption of
23food and beverages, to the extent that the proceeds of the
24service charge are in fact turned over as tips or as a
25substitute for tips to the employees who participate directly
26in preparing, serving, hosting or cleaning up the food or

HB5597- 442 -LRB098 15874 AMC 50917 b
1beverage function with respect to which the service charge is
2imposed.
3 (10) Until July 1, 2003, oil field exploration, drilling,
4and production equipment, including (i) rigs and parts of rigs,
5rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
6tubular goods, including casing and drill strings, (iii) pumps
7and pump-jack units, (iv) storage tanks and flow lines, (v) any
8individual replacement part for oil field exploration,
9drilling, and production equipment, and (vi) machinery and
10equipment purchased for lease; but excluding motor vehicles
11required to be registered under the Illinois Vehicle Code.
12 (11) Photoprocessing machinery and equipment, including
13repair and replacement parts, both new and used, including that
14manufactured on special order, certified by the purchaser to be
15used primarily for photoprocessing, and including
16photoprocessing machinery and equipment purchased for lease.
17 (12) Coal and aggregate exploration, mining, off-highway
18offhighway hauling, processing, maintenance, and reclamation
19equipment, including replacement parts and equipment, and
20including equipment purchased for lease, but excluding motor
21vehicles required to be registered under the Illinois Vehicle
22Code. The changes made to this Section by Public Act 97-767
23apply on and after July 1, 2003, but no claim for credit or
24refund is allowed on or after August 16, 2013 (the effective
25date of Public Act 98-456) this amendatory Act of the 98th
26General Assembly for such taxes paid during the period

HB5597- 443 -LRB098 15874 AMC 50917 b
1beginning July 1, 2003 and ending on August 16, 2013 (the
2effective date of Public Act 98-456) this amendatory Act of the
398th General Assembly.
4 (13) Beginning January 1, 1992 and through June 30, 2016,
5food for human consumption that is to be consumed off the
6premises where it is sold (other than alcoholic beverages, soft
7drinks and food that has been prepared for immediate
8consumption) and prescription and non-prescription medicines,
9drugs, medical appliances, and insulin, urine testing
10materials, syringes, and needles used by diabetics, for human
11use, when purchased for use by a person receiving medical
12assistance under Article V of the Illinois Public Aid Code who
13resides in a licensed long-term care facility, as defined in
14the Nursing Home Care Act, or in a licensed facility as defined
15in the ID/DD Community Care Act or the Specialized Mental
16Health Rehabilitation Act of 2013.
17 (14) Semen used for artificial insemination of livestock
18for direct agricultural production.
19 (15) Horses, or interests in horses, registered with and
20meeting the requirements of any of the Arabian Horse Club
21Registry of America, Appaloosa Horse Club, American Quarter
22Horse Association, United States Trotting Association, or
23Jockey Club, as appropriate, used for purposes of breeding or
24racing for prizes. This item (15) is exempt from the provisions
25of Section 3-55, and the exemption provided for under this item
26(15) applies for all periods beginning May 30, 1995, but no

HB5597- 444 -LRB098 15874 AMC 50917 b
1claim for credit or refund is allowed on or after January 1,
22008 (the effective date of Public Act 95-88) for such taxes
3paid during the period beginning May 30, 2000 and ending on
4January 1, 2008 (the effective date of Public Act 95-88).
5 (16) Computers and communications equipment utilized for
6any hospital purpose and equipment used in the diagnosis,
7analysis, or treatment of hospital patients sold to a lessor
8who leases the equipment, under a lease of one year or longer
9executed or in effect at the time of the purchase, to a
10hospital that has been issued an active tax exemption
11identification number by the Department under Section 1g of the
12Retailers' Occupation Tax Act.
13 (17) Personal property sold to a lessor who leases the
14property, under a lease of one year or longer executed or in
15effect at the time of the purchase, to a governmental body that
16has been issued an active tax exemption identification number
17by the Department under Section 1g of the Retailers' Occupation
18Tax Act.
19 (18) Beginning with taxable years ending on or after
20December 31, 1995 and ending with taxable years ending on or
21before December 31, 2004, personal property that is donated for
22disaster relief to be used in a State or federally declared
23disaster area in Illinois or bordering Illinois by a
24manufacturer or retailer that is registered in this State to a
25corporation, society, association, foundation, or institution
26that has been issued a sales tax exemption identification

HB5597- 445 -LRB098 15874 AMC 50917 b
1number by the Department that assists victims of the disaster
2who reside within the declared disaster area.
3 (19) Beginning with taxable years ending on or after
4December 31, 1995 and ending with taxable years ending on or
5before December 31, 2004, personal property that is used in the
6performance of infrastructure repairs in this State, including
7but not limited to municipal roads and streets, access roads,
8bridges, sidewalks, waste disposal systems, water and sewer
9line extensions, water distribution and purification
10facilities, storm water drainage and retention facilities, and
11sewage treatment facilities, resulting from a State or
12federally declared disaster in Illinois or bordering Illinois
13when such repairs are initiated on facilities located in the
14declared disaster area within 6 months after the disaster.
15 (20) Beginning July 1, 1999, game or game birds sold at a
16"game breeding and hunting preserve area" as that term is used
17in the Wildlife Code. This paragraph is exempt from the
18provisions of Section 3-55.
19 (21) A motor vehicle, as that term is defined in Section
201-146 of the Illinois Vehicle Code, that is donated to a
21corporation, limited liability company, society, association,
22foundation, or institution that is determined by the Department
23to be organized and operated exclusively for educational
24purposes. For purposes of this exemption, "a corporation,
25limited liability company, society, association, foundation,
26or institution organized and operated exclusively for

HB5597- 446 -LRB098 15874 AMC 50917 b
1educational purposes" means all tax-supported public schools,
2private schools that offer systematic instruction in useful
3branches of learning by methods common to public schools and
4that compare favorably in their scope and intensity with the
5course of study presented in tax-supported schools, and
6vocational or technical schools or institutes organized and
7operated exclusively to provide a course of study of not less
8than 6 weeks duration and designed to prepare individuals to
9follow a trade or to pursue a manual, technical, mechanical,
10industrial, business, or commercial occupation.
11 (22) Beginning January 1, 2000, personal property,
12including food, purchased through fundraising events for the
13benefit of a public or private elementary or secondary school,
14a group of those schools, or one or more school districts if
15the events are sponsored by an entity recognized by the school
16district that consists primarily of volunteers and includes
17parents and teachers of the school children. This paragraph
18does not apply to fundraising events (i) for the benefit of
19private home instruction or (ii) for which the fundraising
20entity purchases the personal property sold at the events from
21another individual or entity that sold the property for the
22purpose of resale by the fundraising entity and that profits
23from the sale to the fundraising entity. This paragraph is
24exempt from the provisions of Section 3-55.
25 (23) Beginning January 1, 2000 and through December 31,
262001, new or used automatic vending machines that prepare and

HB5597- 447 -LRB098 15874 AMC 50917 b
1serve hot food and beverages, including coffee, soup, and other
2items, and replacement parts for these machines. Beginning
3January 1, 2002 and through June 30, 2003, machines and parts
4for machines used in commercial, coin-operated amusement and
5vending business if a use or occupation tax is paid on the
6gross receipts derived from the use of the commercial,
7coin-operated amusement and vending machines. This paragraph
8is exempt from the provisions of Section 3-55.
9 (24) Beginning on the effective date of this amendatory Act
10of the 92nd General Assembly, computers and communications
11equipment utilized for any hospital purpose and equipment used
12in the diagnosis, analysis, or treatment of hospital patients
13sold to a lessor who leases the equipment, under a lease of one
14year or longer executed or in effect at the time of the
15purchase, to a hospital that has been issued an active tax
16exemption identification number by the Department under
17Section 1g of the Retailers' Occupation Tax Act. This paragraph
18is exempt from the provisions of Section 3-55.
19 (25) Beginning on the effective date of this amendatory Act
20of the 92nd General Assembly, personal property sold to a
21lessor who leases the property, under a lease of one year or
22longer executed or in effect at the time of the purchase, to a
23governmental body that has been issued an active tax exemption
24identification number by the Department under Section 1g of the
25Retailers' Occupation Tax Act. This paragraph is exempt from
26the provisions of Section 3-55.

HB5597- 448 -LRB098 15874 AMC 50917 b
1 (26) Beginning on January 1, 2002 and through June 30,
22016, tangible personal property purchased from an Illinois
3retailer by a taxpayer engaged in centralized purchasing
4activities in Illinois who will, upon receipt of the property
5in Illinois, temporarily store the property in Illinois (i) for
6the purpose of subsequently transporting it outside this State
7for use or consumption thereafter solely outside this State or
8(ii) for the purpose of being processed, fabricated, or
9manufactured into, attached to, or incorporated into other
10tangible personal property to be transported outside this State
11and thereafter used or consumed solely outside this State. The
12Director of Revenue shall, pursuant to rules adopted in
13accordance with the Illinois Administrative Procedure Act,
14issue a permit to any taxpayer in good standing with the
15Department who is eligible for the exemption under this
16paragraph (26). The permit issued under this paragraph (26)
17shall authorize the holder, to the extent and in the manner
18specified in the rules adopted under this Act, to purchase
19tangible personal property from a retailer exempt from the
20taxes imposed by this Act. Taxpayers shall maintain all
21necessary books and records to substantiate the use and
22consumption of all such tangible personal property outside of
23the State of Illinois.
24 (27) Beginning January 1, 2008, tangible personal property
25used in the construction or maintenance of a community water
26supply, as defined under Section 3.145 of the Environmental

HB5597- 449 -LRB098 15874 AMC 50917 b
1Protection Act, that is operated by a not-for-profit
2corporation that holds a valid water supply permit issued under
3Title IV of the Environmental Protection Act. This paragraph is
4exempt from the provisions of Section 3-55.
5 (28) Tangible personal property sold to a
6public-facilities corporation, as described in Section
711-65-10 of the Illinois Municipal Code, for purposes of
8constructing or furnishing a municipal convention hall, but
9only if the legal title to the municipal convention hall is
10transferred to the municipality without any further
11consideration by or on behalf of the municipality at the time
12of the completion of the municipal convention hall or upon the
13retirement or redemption of any bonds or other debt instruments
14issued by the public-facilities corporation in connection with
15the development of the municipal convention hall. This
16exemption includes existing public-facilities corporations as
17provided in Section 11-65-25 of the Illinois Municipal Code.
18This paragraph is exempt from the provisions of Section 3-55.
19 (29) Beginning January 1, 2010, materials, parts,
20equipment, components, and furnishings incorporated into or
21upon an aircraft as part of the modification, refurbishment,
22completion, replacement, repair, or maintenance of the
23aircraft. This exemption includes consumable supplies used in
24the modification, refurbishment, completion, replacement,
25repair, and maintenance of aircraft, but excludes any
26materials, parts, equipment, components, and consumable

HB5597- 450 -LRB098 15874 AMC 50917 b
1supplies used in the modification, replacement, repair, and
2maintenance of aircraft engines or power plants, whether such
3engines or power plants are installed or uninstalled upon any
4such aircraft. "Consumable supplies" include, but are not
5limited to, adhesive, tape, sandpaper, general purpose
6lubricants, cleaning solution, latex gloves, and protective
7films. This exemption applies only to the transfer of
8qualifying tangible personal property incident to the
9modification, refurbishment, completion, replacement, repair,
10or maintenance of an aircraft by persons who (i) hold an Air
11Agency Certificate and are empowered to operate an approved
12repair station by the Federal Aviation Administration, (ii)
13have a Class IV Rating, and (iii) conduct operations in
14accordance with Part 145 of the Federal Aviation Regulations.
15The exemption does not include aircraft operated by a
16commercial air carrier providing scheduled passenger air
17service pursuant to authority issued under Part 121 or Part 129
18of the Federal Aviation Regulations. The changes made to this
19paragraph (29) by Public Act 98-534 this amendatory Act of the
2098th General Assembly are declarative of existing law.
21(Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227,
22eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767,
23eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13;
2498-456, eff. 8-16-13; 98-534, eff. 8-23-13; revised 9-9-13.)
25 (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)

HB5597- 451 -LRB098 15874 AMC 50917 b
1 Sec. 3-10. Rate of tax. Unless otherwise provided in this
2Section, the tax imposed by this Act is at the rate of 6.25% of
3the "selling price", as defined in Section 2 of the Service Use
4Tax Act, of the tangible personal property. For the purpose of
5computing this tax, in no event shall the "selling price" be
6less than the cost price to the serviceman of the tangible
7personal property transferred. The selling price of each item
8of tangible personal property transferred as an incident of a
9sale of service may be shown as a distinct and separate item on
10the serviceman's billing to the service customer. If the
11selling price is not so shown, the selling price of the
12tangible personal property is deemed to be 50% of the
13serviceman's entire billing to the service customer. When,
14however, a serviceman contracts to design, develop, and produce
15special order machinery or equipment, the tax imposed by this
16Act shall be based on the serviceman's cost price of the
17tangible personal property transferred incident to the
18completion of the contract.
19 Beginning on July 1, 2000 and through December 31, 2000,
20with respect to motor fuel, as defined in Section 1.1 of the
21Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
22the Use Tax Act, the tax is imposed at the rate of 1.25%.
23 With respect to gasohol, as defined in the Use Tax Act, the
24tax imposed by this Act shall apply to (i) 70% of the cost
25price of property transferred as an incident to the sale of
26service on or after January 1, 1990, and before July 1, 2003,

HB5597- 452 -LRB098 15874 AMC 50917 b
1(ii) 80% of the selling price of property transferred as an
2incident to the sale of service on or after July 1, 2003 and on
3or before December 31, 2018, and (iii) 100% of the cost price
4thereafter. If, at any time, however, the tax under this Act on
5sales of gasohol, as defined in the Use Tax Act, is imposed at
6the rate of 1.25%, then the tax imposed by this Act applies to
7100% of the proceeds of sales of gasohol made during that time.
8 With respect to majority blended ethanol fuel, as defined
9in the Use Tax Act, the tax imposed by this Act does not apply
10to the selling price of property transferred as an incident to
11the sale of service on or after July 1, 2003 and on or before
12December 31, 2018 but applies to 100% of the selling price
13thereafter.
14 With respect to biodiesel blends, as defined in the Use Tax
15Act, with no less than 1% and no more than 10% biodiesel, the
16tax imposed by this Act applies to (i) 80% of the selling price
17of property transferred as an incident to the sale of service
18on or after July 1, 2003 and on or before December 31, 2018 and
19(ii) 100% of the proceeds of the selling price thereafter. If,
20at any time, however, the tax under this Act on sales of
21biodiesel blends, as defined in the Use Tax Act, with no less
22than 1% and no more than 10% biodiesel is imposed at the rate
23of 1.25%, then the tax imposed by this Act applies to 100% of
24the proceeds of sales of biodiesel blends with no less than 1%
25and no more than 10% biodiesel made during that time.
26 With respect to 100% biodiesel, as defined in the Use Tax

HB5597- 453 -LRB098 15874 AMC 50917 b
1Act, and biodiesel blends, as defined in the Use Tax Act, with
2more than 10% but no more than 99% biodiesel material, the tax
3imposed by this Act does not apply to the proceeds of the
4selling price of property transferred as an incident to the
5sale of service on or after July 1, 2003 and on or before
6December 31, 2018 but applies to 100% of the selling price
7thereafter.
8 At the election of any registered serviceman made for each
9fiscal year, sales of service in which the aggregate annual
10cost price of tangible personal property transferred as an
11incident to the sales of service is less than 35%, or 75% in
12the case of servicemen transferring prescription drugs or
13servicemen engaged in graphic arts production, of the aggregate
14annual total gross receipts from all sales of service, the tax
15imposed by this Act shall be based on the serviceman's cost
16price of the tangible personal property transferred incident to
17the sale of those services.
18 The tax shall be imposed at the rate of 1% on food prepared
19for immediate consumption and transferred incident to a sale of
20service subject to this Act or the Service Occupation Tax Act
21by an entity licensed under the Hospital Licensing Act, the
22Nursing Home Care Act, the ID/DD Community Care Act, the
23Specialized Mental Health Rehabilitation Act of 2013, or the
24Child Care Act of 1969. The tax shall also be imposed at the
25rate of 1% on food for human consumption that is to be consumed
26off the premises where it is sold (other than alcoholic

HB5597- 454 -LRB098 15874 AMC 50917 b
1beverages, soft drinks, and food that has been prepared for
2immediate consumption and is not otherwise included in this
3paragraph) and prescription and nonprescription medicines,
4drugs, medical appliances, modifications to a motor vehicle for
5the purpose of rendering it usable by a disabled person, and
6insulin, urine testing materials, syringes, and needles used by
7diabetics, for human use. For the purposes of this Section,
8until September 1, 2009: the term "soft drinks" means any
9complete, finished, ready-to-use, non-alcoholic drink, whether
10carbonated or not, including but not limited to soda water,
11cola, fruit juice, vegetable juice, carbonated water, and all
12other preparations commonly known as soft drinks of whatever
13kind or description that are contained in any closed or sealed
14can, carton, or container, regardless of size; but "soft
15drinks" does not include coffee, tea, non-carbonated water,
16infant formula, milk or milk products as defined in the Grade A
17Pasteurized Milk and Milk Products Act, or drinks containing
1850% or more natural fruit or vegetable juice.
19 Notwithstanding any other provisions of this Act,
20beginning September 1, 2009, "soft drinks" means non-alcoholic
21beverages that contain natural or artificial sweeteners. "Soft
22drinks" do not include beverages that contain milk or milk
23products, soy, rice or similar milk substitutes, or greater
24than 50% of vegetable or fruit juice by volume.
25 Until August 1, 2009, and notwithstanding any other
26provisions of this Act, "food for human consumption that is to

HB5597- 455 -LRB098 15874 AMC 50917 b
1be consumed off the premises where it is sold" includes all
2food sold through a vending machine, except soft drinks and
3food products that are dispensed hot from a vending machine,
4regardless of the location of the vending machine. Beginning
5August 1, 2009, and notwithstanding any other provisions of
6this Act, "food for human consumption that is to be consumed
7off the premises where it is sold" includes all food sold
8through a vending machine, except soft drinks, candy, and food
9products that are dispensed hot from a vending machine,
10regardless of the location of the vending machine.
11 Notwithstanding any other provisions of this Act,
12beginning September 1, 2009, "food for human consumption that
13is to be consumed off the premises where it is sold" does not
14include candy. For purposes of this Section, "candy" means a
15preparation of sugar, honey, or other natural or artificial
16sweeteners in combination with chocolate, fruits, nuts or other
17ingredients or flavorings in the form of bars, drops, or
18pieces. "Candy" does not include any preparation that contains
19flour or requires refrigeration.
20 Notwithstanding any other provisions of this Act,
21beginning September 1, 2009, "nonprescription medicines and
22drugs" does not include grooming and hygiene products. For
23purposes of this Section, "grooming and hygiene products"
24includes, but is not limited to, soaps and cleaning solutions,
25shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
26lotions and screens, unless those products are available by

HB5597- 456 -LRB098 15874 AMC 50917 b
1prescription only, regardless of whether the products meet the
2definition of "over-the-counter-drugs". For the purposes of
3this paragraph, "over-the-counter-drug" means a drug for human
4use that contains a label that identifies the product as a drug
5as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
6label includes:
7 (A) A "Drug Facts" panel; or
8 (B) A statement of the "active ingredient(s)" with a
9 list of those ingredients contained in the compound,
10 substance or preparation.
11 Beginning on January 1, 2014 (the effective date of Public
12Act 98-122) this amendatory Act of the 98th General Assembly,
13"prescription and nonprescription medicines and drugs"
14includes medical cannabis purchased from a registered
15dispensing organization under the Compassionate Use of Medical
16Cannabis Pilot Program Act.
17(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
18eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; revised
198-9-13.)
20 (35 ILCS 115/9) (from Ch. 120, par. 439.109)
21 Sec. 9. Each serviceman required or authorized to collect
22the tax herein imposed shall pay to the Department the amount
23of such tax at the time when he is required to file his return
24for the period during which such tax was collectible, less a
25discount of 2.1% prior to January 1, 1990, and 1.75% on and

HB5597- 457 -LRB098 15874 AMC 50917 b
1after January 1, 1990, or $5 per calendar year, whichever is
2greater, which is allowed to reimburse the serviceman for
3expenses incurred in collecting the tax, keeping records,
4preparing and filing returns, remitting the tax and supplying
5data to the Department on request. The Department may disallow
6the discount for servicemen whose certificate of registration
7is revoked at the time the return is filed, but only if the
8Department's decision to revoke the certificate of
9registration has become final.
10 Where such tangible personal property is sold under a
11conditional sales contract, or under any other form of sale
12wherein the payment of the principal sum, or a part thereof, is
13extended beyond the close of the period for which the return is
14filed, the serviceman, in collecting the tax may collect, for
15each tax return period, only the tax applicable to the part of
16the selling price actually received during such tax return
17period.
18 Except as provided hereinafter in this Section, on or
19before the twentieth day of each calendar month, such
20serviceman shall file a return for the preceding calendar month
21in accordance with reasonable rules and regulations to be
22promulgated by the Department of Revenue. Such return shall be
23filed on a form prescribed by the Department and shall contain
24such information as the Department may reasonably require.
25 The Department may require returns to be filed on a
26quarterly basis. If so required, a return for each calendar

HB5597- 458 -LRB098 15874 AMC 50917 b
1quarter shall be filed on or before the twentieth day of the
2calendar month following the end of such calendar quarter. The
3taxpayer shall also file a return with the Department for each
4of the first two months of each calendar quarter, on or before
5the twentieth day of the following calendar month, stating:
6 1. The name of the seller;
7 2. The address of the principal place of business from
8 which he engages in business as a serviceman in this State;
9 3. The total amount of taxable receipts received by him
10 during the preceding calendar month, including receipts
11 from charge and time sales, but less all deductions allowed
12 by law;
13 4. The amount of credit provided in Section 2d of this
14 Act;
15 5. The amount of tax due;
16 5-5. The signature of the taxpayer; and
17 6. Such other reasonable information as the Department
18 may require.
19 If a taxpayer fails to sign a return within 30 days after
20the proper notice and demand for signature by the Department,
21the return shall be considered valid and any amount shown to be
22due on the return shall be deemed assessed.
23 Prior to October 1, 2003, and on and after September 1,
242004 a serviceman may accept a Manufacturer's Purchase Credit
25certification from a purchaser in satisfaction of Service Use
26Tax as provided in Section 3-70 of the Service Use Tax Act if

HB5597- 459 -LRB098 15874 AMC 50917 b
1the purchaser provides the appropriate documentation as
2required by Section 3-70 of the Service Use Tax Act. A
3Manufacturer's Purchase Credit certification, accepted prior
4to October 1, 2003 or on or after September 1, 2004 by a
5serviceman as provided in Section 3-70 of the Service Use Tax
6Act, may be used by that serviceman to satisfy Service
7Occupation Tax liability in the amount claimed in the
8certification, not to exceed 6.25% of the receipts subject to
9tax from a qualifying purchase. A Manufacturer's Purchase
10Credit reported on any original or amended return filed under
11this Act after October 20, 2003 for reporting periods prior to
12September 1, 2004 shall be disallowed. Manufacturer's Purchase
13Credit reported on annual returns due on or after January 1,
142005 will be disallowed for periods prior to September 1, 2004.
15No Manufacturer's Purchase Credit may be used after September
1630, 2003 through August 31, 2004 to satisfy any tax liability
17imposed under this Act, including any audit liability.
18 If the serviceman's average monthly tax liability to the
19Department does not exceed $200, the Department may authorize
20his returns to be filed on a quarter annual basis, with the
21return for January, February and March of a given year being
22due by April 20 of such year; with the return for April, May
23and June of a given year being due by July 20 of such year; with
24the return for July, August and September of a given year being
25due by October 20 of such year, and with the return for
26October, November and December of a given year being due by

HB5597- 460 -LRB098 15874 AMC 50917 b
1January 20 of the following year.
2 If the serviceman's average monthly tax liability to the
3Department does not exceed $50, the Department may authorize
4his returns to be filed on an annual basis, with the return for
5a given year being due by January 20 of the following year.
6 Such quarter annual and annual returns, as to form and
7substance, shall be subject to the same requirements as monthly
8returns.
9 Notwithstanding any other provision in this Act concerning
10the time within which a serviceman may file his return, in the
11case of any serviceman who ceases to engage in a kind of
12business which makes him responsible for filing returns under
13this Act, such serviceman shall file a final return under this
14Act with the Department not more than 1 month after
15discontinuing such business.
16 Beginning October 1, 1993, a taxpayer who has an average
17monthly tax liability of $150,000 or more shall make all
18payments required by rules of the Department by electronic
19funds transfer. Beginning October 1, 1994, a taxpayer who has
20an average monthly tax liability of $100,000 or more shall make
21all payments required by rules of the Department by electronic
22funds transfer. Beginning October 1, 1995, a taxpayer who has
23an average monthly tax liability of $50,000 or more shall make
24all payments required by rules of the Department by electronic
25funds transfer. Beginning October 1, 2000, a taxpayer who has
26an annual tax liability of $200,000 or more shall make all

HB5597- 461 -LRB098 15874 AMC 50917 b
1payments required by rules of the Department by electronic
2funds transfer. The term "annual tax liability" shall be the
3sum of the taxpayer's liabilities under this Act, and under all
4other State and local occupation and use tax laws administered
5by the Department, for the immediately preceding calendar year.
6The term "average monthly tax liability" means the sum of the
7taxpayer's liabilities under this Act, and under all other
8State and local occupation and use tax laws administered by the
9Department, for the immediately preceding calendar year
10divided by 12. Beginning on October 1, 2002, a taxpayer who has
11a tax liability in the amount set forth in subsection (b) of
12Section 2505-210 of the Department of Revenue Law shall make
13all payments required by rules of the Department by electronic
14funds transfer.
15 Before August 1 of each year beginning in 1993, the
16Department shall notify all taxpayers required to make payments
17by electronic funds transfer. All taxpayers required to make
18payments by electronic funds transfer shall make those payments
19for a minimum of one year beginning on October 1.
20 Any taxpayer not required to make payments by electronic
21funds transfer may make payments by electronic funds transfer
22with the permission of the Department.
23 All taxpayers required to make payment by electronic funds
24transfer and any taxpayers authorized to voluntarily make
25payments by electronic funds transfer shall make those payments
26in the manner authorized by the Department.

HB5597- 462 -LRB098 15874 AMC 50917 b
1 The Department shall adopt such rules as are necessary to
2effectuate a program of electronic funds transfer and the
3requirements of this Section.
4 Where a serviceman collects the tax with respect to the
5selling price of tangible personal property which he sells and
6the purchaser thereafter returns such tangible personal
7property and the serviceman refunds the selling price thereof
8to the purchaser, such serviceman shall also refund, to the
9purchaser, the tax so collected from the purchaser. When filing
10his return for the period in which he refunds such tax to the
11purchaser, the serviceman may deduct the amount of the tax so
12refunded by him to the purchaser from any other Service
13Occupation Tax, Service Use Tax, Retailers' Occupation Tax or
14Use Tax which such serviceman may be required to pay or remit
15to the Department, as shown by such return, provided that the
16amount of the tax to be deducted shall previously have been
17remitted to the Department by such serviceman. If the
18serviceman shall not previously have remitted the amount of
19such tax to the Department, he shall be entitled to no
20deduction hereunder upon refunding such tax to the purchaser.
21 If experience indicates such action to be practicable, the
22Department may prescribe and furnish a combination or joint
23return which will enable servicemen, who are required to file
24returns hereunder and also under the Retailers' Occupation Tax
25Act, the Use Tax Act or the Service Use Tax Act, to furnish all
26the return information required by all said Acts on the one

HB5597- 463 -LRB098 15874 AMC 50917 b
1form.
2 Where the serviceman has more than one business registered
3with the Department under separate registrations hereunder,
4such serviceman shall file separate returns for each registered
5business.
6 Beginning January 1, 1990, each month the Department shall
7pay into the Local Government Tax Fund the revenue realized for
8the preceding month from the 1% tax on sales of food for human
9consumption which is to be consumed off the premises where it
10is sold (other than alcoholic beverages, soft drinks and food
11which has been prepared for immediate consumption) and
12prescription and nonprescription medicines, drugs, medical
13appliances and insulin, urine testing materials, syringes and
14needles used by diabetics.
15 Beginning January 1, 1990, each month the Department shall
16pay into the County and Mass Transit District Fund 4% of the
17revenue realized for the preceding month from the 6.25% general
18rate.
19 Beginning August 1, 2000, each month the Department shall
20pay into the County and Mass Transit District Fund 20% of the
21net revenue realized for the preceding month from the 1.25%
22rate on the selling price of motor fuel and gasohol.
23 Beginning January 1, 1990, each month the Department shall
24pay into the Local Government Tax Fund 16% of the revenue
25realized for the preceding month from the 6.25% general rate on
26transfers of tangible personal property.

HB5597- 464 -LRB098 15874 AMC 50917 b
1 Beginning August 1, 2000, each month the Department shall
2pay into the Local Government Tax Fund 80% of the net revenue
3realized for the preceding month from the 1.25% rate on the
4selling price of motor fuel and gasohol.
5 Beginning October 1, 2009, each month the Department shall
6pay into the Capital Projects Fund an amount that is equal to
7an amount estimated by the Department to represent 80% of the
8net revenue realized for the preceding month from the sale of
9candy, grooming and hygiene products, and soft drinks that had
10been taxed at a rate of 1% prior to September 1, 2009 but that
11are is now taxed at 6.25%.
12 Beginning July 1, 2013, each month the Department shall pay
13into the Underground Storage Tank Fund from the proceeds
14collected under this Act, the Use Tax Act, the Service Use Tax
15Act, and the Retailers' Occupation Tax Act an amount equal to
16the average monthly deficit in the Underground Storage Tank
17Fund during the prior year, as certified annually by the
18Illinois Environmental Protection Agency, but the total
19payment into the Underground Storage Tank Fund under this Act,
20the Use Tax Act, the Service Use Tax Act, and the Retailers'
21Occupation Tax Act shall not exceed $18,000,000 in any State
22fiscal year. As used in this paragraph, the "average monthly
23deficit" shall be equal to the difference between the average
24monthly claims for payment by the fund and the average monthly
25revenues deposited into the fund, excluding payments made
26pursuant to this paragraph.

HB5597- 465 -LRB098 15874 AMC 50917 b
1 Of the remainder of the moneys received by the Department
2pursuant to this Act, (a) 1.75% thereof shall be paid into the
3Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
4and after July 1, 1989, 3.8% thereof shall be paid into the
5Build Illinois Fund; provided, however, that if in any fiscal
6year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
7may be, of the moneys received by the Department and required
8to be paid into the Build Illinois Fund pursuant to Section 3
9of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
10Act, Section 9 of the Service Use Tax Act, and Section 9 of the
11Service Occupation Tax Act, such Acts being hereinafter called
12the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
13may be, of moneys being hereinafter called the "Tax Act
14Amount", and (2) the amount transferred to the Build Illinois
15Fund from the State and Local Sales Tax Reform Fund shall be
16less than the Annual Specified Amount (as defined in Section 3
17of the Retailers' Occupation Tax Act), an amount equal to the
18difference shall be immediately paid into the Build Illinois
19Fund from other moneys received by the Department pursuant to
20the Tax Acts; and further provided, that if on the last
21business day of any month the sum of (1) the Tax Act Amount
22required to be deposited into the Build Illinois Account in the
23Build Illinois Fund during such month and (2) the amount
24transferred during such month to the Build Illinois Fund from
25the State and Local Sales Tax Reform Fund shall have been less
26than 1/12 of the Annual Specified Amount, an amount equal to

HB5597- 466 -LRB098 15874 AMC 50917 b
1the difference shall be immediately paid into the Build
2Illinois Fund from other moneys received by the Department
3pursuant to the Tax Acts; and, further provided, that in no
4event shall the payments required under the preceding proviso
5result in aggregate payments into the Build Illinois Fund
6pursuant to this clause (b) for any fiscal year in excess of
7the greater of (i) the Tax Act Amount or (ii) the Annual
8Specified Amount for such fiscal year; and, further provided,
9that the amounts payable into the Build Illinois Fund under
10this clause (b) shall be payable only until such time as the
11aggregate amount on deposit under each trust indenture securing
12Bonds issued and outstanding pursuant to the Build Illinois
13Bond Act is sufficient, taking into account any future
14investment income, to fully provide, in accordance with such
15indenture, for the defeasance of or the payment of the
16principal of, premium, if any, and interest on the Bonds
17secured by such indenture and on any Bonds expected to be
18issued thereafter and all fees and costs payable with respect
19thereto, all as certified by the Director of the Bureau of the
20Budget (now Governor's Office of Management and Budget). If on
21the last business day of any month in which Bonds are
22outstanding pursuant to the Build Illinois Bond Act, the
23aggregate of the moneys deposited in the Build Illinois Bond
24Account in the Build Illinois Fund in such month shall be less
25than the amount required to be transferred in such month from
26the Build Illinois Bond Account to the Build Illinois Bond

HB5597- 467 -LRB098 15874 AMC 50917 b
1Retirement and Interest Fund pursuant to Section 13 of the
2Build Illinois Bond Act, an amount equal to such deficiency
3shall be immediately paid from other moneys received by the
4Department pursuant to the Tax Acts to the Build Illinois Fund;
5provided, however, that any amounts paid to the Build Illinois
6Fund in any fiscal year pursuant to this sentence shall be
7deemed to constitute payments pursuant to clause (b) of the
8preceding sentence and shall reduce the amount otherwise
9payable for such fiscal year pursuant to clause (b) of the
10preceding sentence. The moneys received by the Department
11pursuant to this Act and required to be deposited into the
12Build Illinois Fund are subject to the pledge, claim and charge
13set forth in Section 12 of the Build Illinois Bond Act.
14 Subject to payment of amounts into the Build Illinois Fund
15as provided in the preceding paragraph or in any amendment
16thereto hereafter enacted, the following specified monthly
17installment of the amount requested in the certificate of the
18Chairman of the Metropolitan Pier and Exposition Authority
19provided under Section 8.25f of the State Finance Act, but not
20in excess of the sums designated as "Total Deposit", shall be
21deposited in the aggregate from collections under Section 9 of
22the Use Tax Act, Section 9 of the Service Use Tax Act, Section
239 of the Service Occupation Tax Act, and Section 3 of the
24Retailers' Occupation Tax Act into the McCormick Place
25Expansion Project Fund in the specified fiscal years.

HB5597- 468 -LRB098 15874 AMC 50917 b
1Fiscal YearTotal Deposit
21993 $0
31994 53,000,000
41995 58,000,000
51996 61,000,000
61997 64,000,000
71998 68,000,000
81999 71,000,000
92000 75,000,000
102001 80,000,000
112002 93,000,000
122003 99,000,000
132004103,000,000
142005108,000,000
152006113,000,000
162007119,000,000
172008126,000,000
182009132,000,000
192010139,000,000
202011146,000,000
212012153,000,000
222013161,000,000
232014170,000,000
242015179,000,000
252016189,000,000

HB5597- 469 -LRB098 15874 AMC 50917 b
12017199,000,000
22018210,000,000
32019221,000,000
42020233,000,000
52021246,000,000
62022260,000,000
72023275,000,000
82024 275,000,000
92025 275,000,000
102026 279,000,000
112027 292,000,000
122028 307,000,000
132029 322,000,000
142030 338,000,000
152031 350,000,000
162032 350,000,000
17and
18each fiscal year
19thereafter that bonds
20are outstanding under
21Section 13.2 of the
22Metropolitan Pier and
23Exposition Authority Act,
24but not after fiscal year 2060.
25 Beginning July 20, 1993 and in each month of each fiscal
26year thereafter, one-eighth of the amount requested in the

HB5597- 470 -LRB098 15874 AMC 50917 b
1certificate of the Chairman of the Metropolitan Pier and
2Exposition Authority for that fiscal year, less the amount
3deposited into the McCormick Place Expansion Project Fund by
4the State Treasurer in the respective month under subsection
5(g) of Section 13 of the Metropolitan Pier and Exposition
6Authority Act, plus cumulative deficiencies in the deposits
7required under this Section for previous months and years,
8shall be deposited into the McCormick Place Expansion Project
9Fund, until the full amount requested for the fiscal year, but
10not in excess of the amount specified above as "Total Deposit",
11has been deposited.
12 Subject to payment of amounts into the Build Illinois Fund
13and the McCormick Place Expansion Project Fund pursuant to the
14preceding paragraphs or in any amendments thereto hereafter
15enacted, beginning July 1, 1993 and ending on September 30,
162013, the Department shall each month pay into the Illinois Tax
17Increment Fund 0.27% of 80% of the net revenue realized for the
18preceding month from the 6.25% general rate on the selling
19price of tangible personal property.
20 Subject to payment of amounts into the Build Illinois Fund
21and the McCormick Place Expansion Project Fund pursuant to the
22preceding paragraphs or in any amendments thereto hereafter
23enacted, beginning with the receipt of the first report of
24taxes paid by an eligible business and continuing for a 25-year
25period, the Department shall each month pay into the Energy
26Infrastructure Fund 80% of the net revenue realized from the

HB5597- 471 -LRB098 15874 AMC 50917 b
16.25% general rate on the selling price of Illinois-mined coal
2that was sold to an eligible business. For purposes of this
3paragraph, the term "eligible business" means a new electric
4generating facility certified pursuant to Section 605-332 of
5the Department of Commerce and Economic Opportunity Law of the
6Civil Administrative Code of Illinois.
7 Of the remainder of the moneys received by the Department
8pursuant to this Act, 75% shall be paid into the General
9Revenue Fund of the State Treasury and 25% shall be reserved in
10a special account and used only for the transfer to the Common
11School Fund as part of the monthly transfer from the General
12Revenue Fund in accordance with Section 8a of the State Finance
13Act.
14 The Department may, upon separate written notice to a
15taxpayer, require the taxpayer to prepare and file with the
16Department on a form prescribed by the Department within not
17less than 60 days after receipt of the notice an annual
18information return for the tax year specified in the notice.
19Such annual return to the Department shall include a statement
20of gross receipts as shown by the taxpayer's last Federal
21income tax return. If the total receipts of the business as
22reported in the Federal income tax return do not agree with the
23gross receipts reported to the Department of Revenue for the
24same period, the taxpayer shall attach to his annual return a
25schedule showing a reconciliation of the 2 amounts and the
26reasons for the difference. The taxpayer's annual return to the

HB5597- 472 -LRB098 15874 AMC 50917 b
1Department shall also disclose the cost of goods sold by the
2taxpayer during the year covered by such return, opening and
3closing inventories of such goods for such year, cost of goods
4used from stock or taken from stock and given away by the
5taxpayer during such year, pay roll information of the
6taxpayer's business during such year and any additional
7reasonable information which the Department deems would be
8helpful in determining the accuracy of the monthly, quarterly
9or annual returns filed by such taxpayer as hereinbefore
10provided for in this Section.
11 If the annual information return required by this Section
12is not filed when and as required, the taxpayer shall be liable
13as follows:
14 (i) Until January 1, 1994, the taxpayer shall be liable
15 for a penalty equal to 1/6 of 1% of the tax due from such
16 taxpayer under this Act during the period to be covered by
17 the annual return for each month or fraction of a month
18 until such return is filed as required, the penalty to be
19 assessed and collected in the same manner as any other
20 penalty provided for in this Act.
21 (ii) On and after January 1, 1994, the taxpayer shall
22 be liable for a penalty as described in Section 3-4 of the
23 Uniform Penalty and Interest Act.
24 The chief executive officer, proprietor, owner or highest
25ranking manager shall sign the annual return to certify the
26accuracy of the information contained therein. Any person who

HB5597- 473 -LRB098 15874 AMC 50917 b
1willfully signs the annual return containing false or
2inaccurate information shall be guilty of perjury and punished
3accordingly. The annual return form prescribed by the
4Department shall include a warning that the person signing the
5return may be liable for perjury.
6 The foregoing portion of this Section concerning the filing
7of an annual information return shall not apply to a serviceman
8who is not required to file an income tax return with the
9United States Government.
10 As soon as possible after the first day of each month, upon
11certification of the Department of Revenue, the Comptroller
12shall order transferred and the Treasurer shall transfer from
13the General Revenue Fund to the Motor Fuel Tax Fund an amount
14equal to 1.7% of 80% of the net revenue realized under this Act
15for the second preceding month. Beginning April 1, 2000, this
16transfer is no longer required and shall not be made.
17 Net revenue realized for a month shall be the revenue
18collected by the State pursuant to this Act, less the amount
19paid out during that month as refunds to taxpayers for
20overpayment of liability.
21 For greater simplicity of administration, it shall be
22permissible for manufacturers, importers and wholesalers whose
23products are sold by numerous servicemen in Illinois, and who
24wish to do so, to assume the responsibility for accounting and
25paying to the Department all tax accruing under this Act with
26respect to such sales, if the servicemen who are affected do

HB5597- 474 -LRB098 15874 AMC 50917 b
1not make written objection to the Department to this
2arrangement.
3(Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13;
498-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.)
5 Section 190. The Retailers' Occupation Tax Act is amended
6by changing Sections 2-5, 2a, and 3 as follows:
7 (35 ILCS 120/2-5)
8 Sec. 2-5. Exemptions. Gross receipts from proceeds from the
9sale of the following tangible personal property are exempt
10from the tax imposed by this Act:
11 (1) Farm chemicals.
12 (2) Farm machinery and equipment, both new and used,
13including that manufactured on special order, certified by the
14purchaser to be used primarily for production agriculture or
15State or federal agricultural programs, including individual
16replacement parts for the machinery and equipment, including
17machinery and equipment purchased for lease, and including
18implements of husbandry defined in Section 1-130 of the
19Illinois Vehicle Code, farm machinery and agricultural
20chemical and fertilizer spreaders, and nurse wagons required to
21be registered under Section 3-809 of the Illinois Vehicle Code,
22but excluding other motor vehicles required to be registered
23under the Illinois Vehicle Code. Horticultural polyhouses or
24hoop houses used for propagating, growing, or overwintering

HB5597- 475 -LRB098 15874 AMC 50917 b
1plants shall be considered farm machinery and equipment under
2this item (2). Agricultural chemical tender tanks and dry boxes
3shall include units sold separately from a motor vehicle
4required to be licensed and units sold mounted on a motor
5vehicle required to be licensed, if the selling price of the
6tender is separately stated.
7 Farm machinery and equipment shall include precision
8farming equipment that is installed or purchased to be
9installed on farm machinery and equipment including, but not
10limited to, tractors, harvesters, sprayers, planters, seeders,
11or spreaders. Precision farming equipment includes, but is not
12limited to, soil testing sensors, computers, monitors,
13software, global positioning and mapping systems, and other
14such equipment.
15 Farm machinery and equipment also includes computers,
16sensors, software, and related equipment used primarily in the
17computer-assisted operation of production agriculture
18facilities, equipment, and activities such as, but not limited
19to, the collection, monitoring, and correlation of animal and
20crop data for the purpose of formulating animal diets and
21agricultural chemicals. This item (2) is exempt from the
22provisions of Section 2-70.
23 (3) Until July 1, 2003, distillation machinery and
24equipment, sold as a unit or kit, assembled or installed by the
25retailer, certified by the user to be used only for the
26production of ethyl alcohol that will be used for consumption

HB5597- 476 -LRB098 15874 AMC 50917 b
1as motor fuel or as a component of motor fuel for the personal
2use of the user, and not subject to sale or resale.
3 (4) Until July 1, 2003 and beginning again September 1,
42004 through August 30, 2014, graphic arts machinery and
5equipment, including repair and replacement parts, both new and
6used, and including that manufactured on special order or
7purchased for lease, certified by the purchaser to be used
8primarily for graphic arts production. Equipment includes
9chemicals or chemicals acting as catalysts but only if the
10chemicals or chemicals acting as catalysts effect a direct and
11immediate change upon a graphic arts product.
12 (5) A motor vehicle that is used for automobile renting, as
13defined in the Automobile Renting Occupation and Use Tax Act.
14This paragraph is exempt from the provisions of Section 2-70.
15 (6) Personal property sold by a teacher-sponsored student
16organization affiliated with an elementary or secondary school
17located in Illinois.
18 (7) Until July 1, 2003, proceeds of that portion of the
19selling price of a passenger car the sale of which is subject
20to the Replacement Vehicle Tax.
21 (8) Personal property sold to an Illinois county fair
22association for use in conducting, operating, or promoting the
23county fair.
24 (9) Personal property sold to a not-for-profit arts or
25cultural organization that establishes, by proof required by
26the Department by rule, that it has received an exemption under

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1Section 501(c)(3) of the Internal Revenue Code and that is
2organized and operated primarily for the presentation or
3support of arts or cultural programming, activities, or
4services. These organizations include, but are not limited to,
5music and dramatic arts organizations such as symphony
6orchestras and theatrical groups, arts and cultural service
7organizations, local arts councils, visual arts organizations,
8and media arts organizations. On and after the effective date
9of this amendatory Act of the 92nd General Assembly, however,
10an entity otherwise eligible for this exemption shall not make
11tax-free purchases unless it has an active identification
12number issued by the Department.
13 (10) Personal property sold by a corporation, society,
14association, foundation, institution, or organization, other
15than a limited liability company, that is organized and
16operated as a not-for-profit service enterprise for the benefit
17of persons 65 years of age or older if the personal property
18was not purchased by the enterprise for the purpose of resale
19by the enterprise.
20 (11) Personal property sold to a governmental body, to a
21corporation, society, association, foundation, or institution
22organized and operated exclusively for charitable, religious,
23or educational purposes, or to a not-for-profit corporation,
24society, association, foundation, institution, or organization
25that has no compensated officers or employees and that is
26organized and operated primarily for the recreation of persons

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155 years of age or older. A limited liability company may
2qualify for the exemption under this paragraph only if the
3limited liability company is organized and operated
4exclusively for educational purposes. On and after July 1,
51987, however, no entity otherwise eligible for this exemption
6shall make tax-free purchases unless it has an active
7identification number issued by the Department.
8 (12) Tangible personal property sold to interstate
9carriers for hire for use as rolling stock moving in interstate
10commerce or to lessors under leases of one year or longer
11executed or in effect at the time of purchase by interstate
12carriers for hire for use as rolling stock moving in interstate
13commerce and equipment operated by a telecommunications
14provider, licensed as a common carrier by the Federal
15Communications Commission, which is permanently installed in
16or affixed to aircraft moving in interstate commerce.
17 (12-5) On and after July 1, 2003 and through June 30, 2004,
18motor vehicles of the second division with a gross vehicle
19weight in excess of 8,000 pounds that are subject to the
20commercial distribution fee imposed under Section 3-815.1 of
21the Illinois Vehicle Code. Beginning on July 1, 2004 and
22through June 30, 2005, the use in this State of motor vehicles
23of the second division: (i) with a gross vehicle weight rating
24in excess of 8,000 pounds; (ii) that are subject to the
25commercial distribution fee imposed under Section 3-815.1 of
26the Illinois Vehicle Code; and (iii) that are primarily used

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1for commercial purposes. Through June 30, 2005, this exemption
2applies to repair and replacement parts added after the initial
3purchase of such a motor vehicle if that motor vehicle is used
4in a manner that would qualify for the rolling stock exemption
5otherwise provided for in this Act. For purposes of this
6paragraph, "used for commercial purposes" means the
7transportation of persons or property in furtherance of any
8commercial or industrial enterprise whether for-hire or not.
9 (13) Proceeds from sales to owners, lessors, or shippers of
10tangible personal property that is utilized by interstate
11carriers for hire for use as rolling stock moving in interstate
12commerce and equipment operated by a telecommunications
13provider, licensed as a common carrier by the Federal
14Communications Commission, which is permanently installed in
15or affixed to aircraft moving in interstate commerce.
16 (14) Machinery and equipment that will be used by the
17purchaser, or a lessee of the purchaser, primarily in the
18process of manufacturing or assembling tangible personal
19property for wholesale or retail sale or lease, whether the
20sale or lease is made directly by the manufacturer or by some
21other person, whether the materials used in the process are
22owned by the manufacturer or some other person, or whether the
23sale or lease is made apart from or as an incident to the
24seller's engaging in the service occupation of producing
25machines, tools, dies, jigs, patterns, gauges, or other similar
26items of no commercial value on special order for a particular

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1purchaser. The exemption provided by this paragraph (14) does
2not include machinery and equipment used in (i) the generation
3of electricity for wholesale or retail sale; (ii) the
4generation or treatment of natural or artificial gas for
5wholesale or retail sale that is delivered to customers through
6pipes, pipelines, or mains; or (iii) the treatment of water for
7wholesale or retail sale that is delivered to customers through
8pipes, pipelines, or mains. The provisions of Public Act 98-583
9this amendatory Act of the 98th General Assembly are
10declaratory of existing law as to the meaning and scope of this
11exemption.
12 (15) Proceeds of mandatory service charges separately
13stated on customers' bills for purchase and consumption of food
14and beverages, to the extent that the proceeds of the service
15charge are in fact turned over as tips or as a substitute for
16tips to the employees who participate directly in preparing,
17serving, hosting or cleaning up the food or beverage function
18with respect to which the service charge is imposed.
19 (16) Petroleum products sold to a purchaser if the seller
20is prohibited by federal law from charging tax to the
21purchaser.
22 (17) Tangible personal property sold to a common carrier by
23rail or motor that receives the physical possession of the
24property in Illinois and that transports the property, or
25shares with another common carrier in the transportation of the
26property, out of Illinois on a standard uniform bill of lading

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1showing the seller of the property as the shipper or consignor
2of the property to a destination outside Illinois, for use
3outside Illinois.
4 (18) Legal tender, currency, medallions, or gold or silver
5coinage issued by the State of Illinois, the government of the
6United States of America, or the government of any foreign
7country, and bullion.
8 (19) Until July 1 2003, oil field exploration, drilling,
9and production equipment, including (i) rigs and parts of rigs,
10rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
11tubular goods, including casing and drill strings, (iii) pumps
12and pump-jack units, (iv) storage tanks and flow lines, (v) any
13individual replacement part for oil field exploration,
14drilling, and production equipment, and (vi) machinery and
15equipment purchased for lease; but excluding motor vehicles
16required to be registered under the Illinois Vehicle Code.
17 (20) Photoprocessing machinery and equipment, including
18repair and replacement parts, both new and used, including that
19manufactured on special order, certified by the purchaser to be
20used primarily for photoprocessing, and including
21photoprocessing machinery and equipment purchased for lease.
22 (21) Coal and aggregate exploration, mining, off-highway
23offhighway hauling, processing, maintenance, and reclamation
24equipment, including replacement parts and equipment, and
25including equipment purchased for lease, but excluding motor
26vehicles required to be registered under the Illinois Vehicle

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1Code. The changes made to this Section by Public Act 97-767
2apply on and after July 1, 2003, but no claim for credit or
3refund is allowed on or after August 16, 2013 (the effective
4date of Public Act 98-456) this amendatory Act of the 98th
5General Assembly for such taxes paid during the period
6beginning July 1, 2003 and ending on August 16, 2013 (the
7effective date of Public Act 98-456) this amendatory Act of the
898th General Assembly.
9 (22) Until June 30, 2013, fuel and petroleum products sold
10to or used by an air carrier, certified by the carrier to be
11used for consumption, shipment, or storage in the conduct of
12its business as an air common carrier, for a flight destined
13for or returning from a location or locations outside the
14United States without regard to previous or subsequent domestic
15stopovers.
16 Beginning July 1, 2013, fuel and petroleum products sold to
17or used by an air carrier, certified by the carrier to be used
18for consumption, shipment, or storage in the conduct of its
19business as an air common carrier, for a flight that (i) is
20engaged in foreign trade or is engaged in trade between the
21United States and any of its possessions and (ii) transports at
22least one individual or package for hire from the city of
23origination to the city of final destination on the same
24aircraft, without regard to a change in the flight number of
25that aircraft.
26 (23) A transaction in which the purchase order is received

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1by a florist who is located outside Illinois, but who has a
2florist located in Illinois deliver the property to the
3purchaser or the purchaser's donee in Illinois.
4 (24) Fuel consumed or used in the operation of ships,
5barges, or vessels that are used primarily in or for the
6transportation of property or the conveyance of persons for
7hire on rivers bordering on this State if the fuel is delivered
8by the seller to the purchaser's barge, ship, or vessel while
9it is afloat upon that bordering river.
10 (25) Except as provided in item (25-5) of this Section, a
11motor vehicle sold in this State to a nonresident even though
12the motor vehicle is delivered to the nonresident in this
13State, if the motor vehicle is not to be titled in this State,
14and if a drive-away permit is issued to the motor vehicle as
15provided in Section 3-603 of the Illinois Vehicle Code or if
16the nonresident purchaser has vehicle registration plates to
17transfer to the motor vehicle upon returning to his or her home
18state. The issuance of the drive-away permit or having the
19out-of-state registration plates to be transferred is prima
20facie evidence that the motor vehicle will not be titled in
21this State.
22 (25-5) The exemption under item (25) does not apply if the
23state in which the motor vehicle will be titled does not allow
24a reciprocal exemption for a motor vehicle sold and delivered
25in that state to an Illinois resident but titled in Illinois.
26The tax collected under this Act on the sale of a motor vehicle

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1in this State to a resident of another state that does not
2allow a reciprocal exemption shall be imposed at a rate equal
3to the state's rate of tax on taxable property in the state in
4which the purchaser is a resident, except that the tax shall
5not exceed the tax that would otherwise be imposed under this
6Act. At the time of the sale, the purchaser shall execute a
7statement, signed under penalty of perjury, of his or her
8intent to title the vehicle in the state in which the purchaser
9is a resident within 30 days after the sale and of the fact of
10the payment to the State of Illinois of tax in an amount
11equivalent to the state's rate of tax on taxable property in
12his or her state of residence and shall submit the statement to
13the appropriate tax collection agency in his or her state of
14residence. In addition, the retailer must retain a signed copy
15of the statement in his or her records. Nothing in this item
16shall be construed to require the removal of the vehicle from
17this state following the filing of an intent to title the
18vehicle in the purchaser's state of residence if the purchaser
19titles the vehicle in his or her state of residence within 30
20days after the date of sale. The tax collected under this Act
21in accordance with this item (25-5) shall be proportionately
22distributed as if the tax were collected at the 6.25% general
23rate imposed under this Act.
24 (25-7) Beginning on July 1, 2007, no tax is imposed under
25this Act on the sale of an aircraft, as defined in Section 3 of
26the Illinois Aeronautics Act, if all of the following

HB5597- 485 -LRB098 15874 AMC 50917 b
1conditions are met:
2 (1) the aircraft leaves this State within 15 days after
3 the later of either the issuance of the final billing for
4 the sale of the aircraft, or the authorized approval for
5 return to service, completion of the maintenance record
6 entry, and completion of the test flight and ground test
7 for inspection, as required by 14 C.F.R. 91.407;
8 (2) the aircraft is not based or registered in this
9 State after the sale of the aircraft; and
10 (3) the seller retains in his or her books and records
11 and provides to the Department a signed and dated
12 certification from the purchaser, on a form prescribed by
13 the Department, certifying that the requirements of this
14 item (25-7) are met. The certificate must also include the
15 name and address of the purchaser, the address of the
16 location where the aircraft is to be titled or registered,
17 the address of the primary physical location of the
18 aircraft, and other information that the Department may
19 reasonably require.
20 For purposes of this item (25-7):
21 "Based in this State" means hangared, stored, or otherwise
22used, excluding post-sale customizations as defined in this
23Section, for 10 or more days in each 12-month period
24immediately following the date of the sale of the aircraft.
25 "Registered in this State" means an aircraft registered
26with the Department of Transportation, Aeronautics Division,

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1or titled or registered with the Federal Aviation
2Administration to an address located in this State.
3 This paragraph (25-7) is exempt from the provisions of
4Section 2-70.
5 (26) Semen used for artificial insemination of livestock
6for direct agricultural production.
7 (27) Horses, or interests in horses, registered with and
8meeting the requirements of any of the Arabian Horse Club
9Registry of America, Appaloosa Horse Club, American Quarter
10Horse Association, United States Trotting Association, or
11Jockey Club, as appropriate, used for purposes of breeding or
12racing for prizes. This item (27) is exempt from the provisions
13of Section 2-70, and the exemption provided for under this item
14(27) applies for all periods beginning May 30, 1995, but no
15claim for credit or refund is allowed on or after January 1,
162008 (the effective date of Public Act 95-88) for such taxes
17paid during the period beginning May 30, 2000 and ending on
18January 1, 2008 (the effective date of Public Act 95-88).
19 (28) Computers and communications equipment utilized for
20any hospital purpose and equipment used in the diagnosis,
21analysis, or treatment of hospital patients sold to a lessor
22who leases the equipment, under a lease of one year or longer
23executed or in effect at the time of the purchase, to a
24hospital that has been issued an active tax exemption
25identification number by the Department under Section 1g of
26this Act.

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1 (29) Personal property sold to a lessor who leases the
2property, under a lease of one year or longer executed or in
3effect at the time of the purchase, to a governmental body that
4has been issued an active tax exemption identification number
5by the Department under Section 1g of this Act.
6 (30) Beginning with taxable years ending on or after
7December 31, 1995 and ending with taxable years ending on or
8before December 31, 2004, personal property that is donated for
9disaster relief to be used in a State or federally declared
10disaster area in Illinois or bordering Illinois by a
11manufacturer or retailer that is registered in this State to a
12corporation, society, association, foundation, or institution
13that has been issued a sales tax exemption identification
14number by the Department that assists victims of the disaster
15who reside within the declared disaster area.
16 (31) Beginning with taxable years ending on or after
17December 31, 1995 and ending with taxable years ending on or
18before December 31, 2004, personal property that is used in the
19performance of infrastructure repairs in this State, including
20but not limited to municipal roads and streets, access roads,
21bridges, sidewalks, waste disposal systems, water and sewer
22line extensions, water distribution and purification
23facilities, storm water drainage and retention facilities, and
24sewage treatment facilities, resulting from a State or
25federally declared disaster in Illinois or bordering Illinois
26when such repairs are initiated on facilities located in the

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1declared disaster area within 6 months after the disaster.
2 (32) Beginning July 1, 1999, game or game birds sold at a
3"game breeding and hunting preserve area" as that term is used
4in the Wildlife Code. This paragraph is exempt from the
5provisions of Section 2-70.
6 (33) A motor vehicle, as that term is defined in Section
71-146 of the Illinois Vehicle Code, that is donated to a
8corporation, limited liability company, society, association,
9foundation, or institution that is determined by the Department
10to be organized and operated exclusively for educational
11purposes. For purposes of this exemption, "a corporation,
12limited liability company, society, association, foundation,
13or institution organized and operated exclusively for
14educational purposes" means all tax-supported public schools,
15private schools that offer systematic instruction in useful
16branches of learning by methods common to public schools and
17that compare favorably in their scope and intensity with the
18course of study presented in tax-supported schools, and
19vocational or technical schools or institutes organized and
20operated exclusively to provide a course of study of not less
21than 6 weeks duration and designed to prepare individuals to
22follow a trade or to pursue a manual, technical, mechanical,
23industrial, business, or commercial occupation.
24 (34) Beginning January 1, 2000, personal property,
25including food, purchased through fundraising events for the
26benefit of a public or private elementary or secondary school,

HB5597- 489 -LRB098 15874 AMC 50917 b
1a group of those schools, or one or more school districts if
2the events are sponsored by an entity recognized by the school
3district that consists primarily of volunteers and includes
4parents and teachers of the school children. This paragraph
5does not apply to fundraising events (i) for the benefit of
6private home instruction or (ii) for which the fundraising
7entity purchases the personal property sold at the events from
8another individual or entity that sold the property for the
9purpose of resale by the fundraising entity and that profits
10from the sale to the fundraising entity. This paragraph is
11exempt from the provisions of Section 2-70.
12 (35) Beginning January 1, 2000 and through December 31,
132001, new or used automatic vending machines that prepare and
14serve hot food and beverages, including coffee, soup, and other
15items, and replacement parts for these machines. Beginning
16January 1, 2002 and through June 30, 2003, machines and parts
17for machines used in commercial, coin-operated amusement and
18vending business if a use or occupation tax is paid on the
19gross receipts derived from the use of the commercial,
20coin-operated amusement and vending machines. This paragraph
21is exempt from the provisions of Section 2-70.
22 (35-5) Beginning August 23, 2001 and through June 30, 2016,
23food for human consumption that is to be consumed off the
24premises where it is sold (other than alcoholic beverages, soft
25drinks, and food that has been prepared for immediate
26consumption) and prescription and nonprescription medicines,

HB5597- 490 -LRB098 15874 AMC 50917 b
1drugs, medical appliances, and insulin, urine testing
2materials, syringes, and needles used by diabetics, for human
3use, when purchased for use by a person receiving medical
4assistance under Article V of the Illinois Public Aid Code who
5resides in a licensed long-term care facility, as defined in
6the Nursing Home Care Act, or a licensed facility as defined in
7the ID/DD Community Care Act or the Specialized Mental Health
8Rehabilitation Act of 2013.
9 (36) Beginning August 2, 2001, computers and
10communications equipment utilized for any hospital purpose and
11equipment used in the diagnosis, analysis, or treatment of
12hospital patients sold to a lessor who leases the equipment,
13under a lease of one year or longer executed or in effect at
14the time of the purchase, to a hospital that has been issued an
15active tax exemption identification number by the Department
16under Section 1g of this Act. This paragraph is exempt from the
17provisions of Section 2-70.
18 (37) Beginning August 2, 2001, personal property sold to a
19lessor who leases the property, under a lease of one year or
20longer executed or in effect at the time of the purchase, to a
21governmental body that has been issued an active tax exemption
22identification number by the Department under Section 1g of
23this Act. This paragraph is exempt from the provisions of
24Section 2-70.
25 (38) Beginning on January 1, 2002 and through June 30,
262016, tangible personal property purchased from an Illinois

HB5597- 491 -LRB098 15874 AMC 50917 b
1retailer by a taxpayer engaged in centralized purchasing
2activities in Illinois who will, upon receipt of the property
3in Illinois, temporarily store the property in Illinois (i) for
4the purpose of subsequently transporting it outside this State
5for use or consumption thereafter solely outside this State or
6(ii) for the purpose of being processed, fabricated, or
7manufactured into, attached to, or incorporated into other
8tangible personal property to be transported outside this State
9and thereafter used or consumed solely outside this State. The
10Director of Revenue shall, pursuant to rules adopted in
11accordance with the Illinois Administrative Procedure Act,
12issue a permit to any taxpayer in good standing with the
13Department who is eligible for the exemption under this
14paragraph (38). The permit issued under this paragraph (38)
15shall authorize the holder, to the extent and in the manner
16specified in the rules adopted under this Act, to purchase
17tangible personal property from a retailer exempt from the
18taxes imposed by this Act. Taxpayers shall maintain all
19necessary books and records to substantiate the use and
20consumption of all such tangible personal property outside of
21the State of Illinois.
22 (39) Beginning January 1, 2008, tangible personal property
23used in the construction or maintenance of a community water
24supply, as defined under Section 3.145 of the Environmental
25Protection Act, that is operated by a not-for-profit
26corporation that holds a valid water supply permit issued under

HB5597- 492 -LRB098 15874 AMC 50917 b
1Title IV of the Environmental Protection Act. This paragraph is
2exempt from the provisions of Section 2-70.
3 (40) Beginning January 1, 2010, materials, parts,
4equipment, components, and furnishings incorporated into or
5upon an aircraft as part of the modification, refurbishment,
6completion, replacement, repair, or maintenance of the
7aircraft. This exemption includes consumable supplies used in
8the modification, refurbishment, completion, replacement,
9repair, and maintenance of aircraft, but excludes any
10materials, parts, equipment, components, and consumable
11supplies used in the modification, replacement, repair, and
12maintenance of aircraft engines or power plants, whether such
13engines or power plants are installed or uninstalled upon any
14such aircraft. "Consumable supplies" include, but are not
15limited to, adhesive, tape, sandpaper, general purpose
16lubricants, cleaning solution, latex gloves, and protective
17films. This exemption applies only to the sale of qualifying
18tangible personal property to persons who modify, refurbish,
19complete, replace, or maintain an aircraft and who (i) hold an
20Air Agency Certificate and are empowered to operate an approved
21repair station by the Federal Aviation Administration, (ii)
22have a Class IV Rating, and (iii) conduct operations in
23accordance with Part 145 of the Federal Aviation Regulations.
24The exemption does not include aircraft operated by a
25commercial air carrier providing scheduled passenger air
26service pursuant to authority issued under Part 121 or Part 129

HB5597- 493 -LRB098 15874 AMC 50917 b
1of the Federal Aviation Regulations. The changes made to this
2paragraph (40) by Public Act 98-534 this amendatory Act of the
398th General Assembly are declarative of existing law.
4 (41) Tangible personal property sold to a
5public-facilities corporation, as described in Section
611-65-10 of the Illinois Municipal Code, for purposes of
7constructing or furnishing a municipal convention hall, but
8only if the legal title to the municipal convention hall is
9transferred to the municipality without any further
10consideration by or on behalf of the municipality at the time
11of the completion of the municipal convention hall or upon the
12retirement or redemption of any bonds or other debt instruments
13issued by the public-facilities corporation in connection with
14the development of the municipal convention hall. This
15exemption includes existing public-facilities corporations as
16provided in Section 11-65-25 of the Illinois Municipal Code.
17This paragraph is exempt from the provisions of Section 2-70.
18(Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227,
19eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767,
20eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13;
2198-456, eff. 8-16-13; 98-534, eff. 8-23-13; 98-574, eff.
221-1-14; 98-583, eff. 1-1-14; revised 9-9-13.)
23 (35 ILCS 120/2a) (from Ch. 120, par. 441a)
24 Sec. 2a. It is unlawful for any person to engage in the
25business of selling tangible personal property at retail in

HB5597- 494 -LRB098 15874 AMC 50917 b
1this State without a certificate of registration from the
2Department. Application for a certificate of registration
3shall be made to the Department upon forms furnished by it.
4Each such application shall be signed and verified and shall
5state: (1) the name and social security number of the
6applicant; (2) the address of his principal place of business;
7(3) the address of the principal place of business from which
8he engages in the business of selling tangible personal
9property at retail in this State and the addresses of all other
10places of business, if any (enumerating such addresses, if any,
11in a separate list attached to and made a part of the
12application), from which he engages in the business of selling
13tangible personal property at retail in this State; (4) the
14name and address of the person or persons who will be
15responsible for filing returns and payment of taxes due under
16this Act; (5) in the case of a publicly traded corporation, the
17name and title of the Chief Financial Officer, Chief Operating
18Officer, and any other officer or employee with responsibility
19for preparing tax returns under this Act, along with the last 4
20digits of each of their social security numbers, and, in the
21case of all other corporations, the name, title, and social
22security number of each corporate officer; (6) in the case of a
23limited liability company, the name, social security number,
24and FEIN number of each manager and member; and (7) such other
25information as the Department may reasonably require. The
26application shall contain an acceptance of responsibility

HB5597- 495 -LRB098 15874 AMC 50917 b
1signed by the person or persons who will be responsible for
2filing returns and payment of the taxes due under this Act. If
3the applicant will sell tangible personal property at retail
4through vending machines, his application to register shall
5indicate the number of vending machines to be so operated. If
6requested by the Department at any time, that person shall
7verify the total number of vending machines he or she uses in
8his or her business of selling tangible personal property at
9retail.
10 The Department may deny a certificate of registration to
11any applicant if a person who is named as the owner, a partner,
12a manager or member of a limited liability company, or a
13corporate officer of the applicant on the application for the
14certificate of registration, is or has been named as the owner,
15a partner, a manager or member of a limited liability company,
16or a corporate officer, on the application for the certificate
17of registration of another retailer that is in default for
18moneys due under this Act or any other tax or fee Act
19administered by the Department. For purposes of this paragraph
20only, in determining whether a person is in default for moneys
21due, the Department shall include only amounts established as a
22final liability within the 20 years prior to the date of the
23Department's notice of denial of a certificate of registration.
24 The Department may require an applicant for a certificate
25of registration hereunder to, at the time of filing such
26application, furnish a bond from a surety company authorized to

HB5597- 496 -LRB098 15874 AMC 50917 b
1do business in the State of Illinois, or an irrevocable bank
2letter of credit or a bond signed by 2 personal sureties who
3have filed, with the Department, sworn statements disclosing
4net assets equal to at least 3 times the amount of the bond to
5be required of such applicant, or a bond secured by an
6assignment of a bank account or certificate of deposit, stocks
7or bonds, conditioned upon the applicant paying to the State of
8Illinois all moneys becoming due under this Act and under any
9other State tax law or municipal or county tax ordinance or
10resolution under which the certificate of registration that is
11issued to the applicant under this Act will permit the
12applicant to engage in business without registering separately
13under such other law, ordinance or resolution. In making a
14determination as to whether to require a bond or other
15security, the Department shall take into consideration whether
16the owner, any partner, any manager or member of a limited
17liability company, or a corporate officer of the applicant is
18or has been the owner, a partner, a manager or member of a
19limited liability company, or a corporate officer of another
20retailer that is in default for moneys due under this Act or
21any other tax or fee Act administered by the Department; and
22whether the owner, any partner, any manager or member of a
23limited liability company, or a corporate officer of the
24applicant is or has been the owner, a partner, a manager or
25member of a limited liability company, or a corporate officer
26of another retailer whose certificate of registration has been

HB5597- 497 -LRB098 15874 AMC 50917 b
1revoked within the previous 5 years under this Act or any other
2tax or fee Act administered by the Department. If a bond or
3other security is required, the Department shall fix the amount
4of the bond or other security, taking into consideration the
5amount of money expected to become due from the applicant under
6this Act and under any other State tax law or municipal or
7county tax ordinance or resolution under which the certificate
8of registration that is issued to the applicant under this Act
9will permit the applicant to engage in business without
10registering separately under such other law, ordinance, or
11resolution. The amount of security required by the Department
12shall be such as, in its opinion, will protect the State of
13Illinois against failure to pay the amount which may become due
14from the applicant under this Act and under any other State tax
15law or municipal or county tax ordinance or resolution under
16which the certificate of registration that is issued to the
17applicant under this Act will permit the applicant to engage in
18business without registering separately under such other law,
19ordinance or resolution, but the amount of the security
20required by the Department shall not exceed three times the
21amount of the applicant's average monthly tax liability, or
22$50,000.00, whichever amount is lower.
23 No certificate of registration under this Act shall be
24issued by the Department until the applicant provides the
25Department with satisfactory security, if required, as herein
26provided for.

HB5597- 498 -LRB098 15874 AMC 50917 b
1 Upon receipt of the application for certificate of
2registration in proper form, and upon approval by the
3Department of the security furnished by the applicant, if
4required, the Department shall issue to such applicant a
5certificate of registration which shall permit the person to
6whom it is issued to engage in the business of selling tangible
7personal property at retail in this State. The certificate of
8registration shall be conspicuously displayed at the place of
9business which the person so registered states in his
10application to be the principal place of business from which he
11engages in the business of selling tangible personal property
12at retail in this State.
13 No certificate of registration issued to a taxpayer who
14files returns required by this Act on a monthly basis shall be
15valid after the expiration of 5 years from the date of its
16issuance or last renewal. The expiration date of a
17sub-certificate of registration shall be that of the
18certificate of registration to which the sub-certificate
19relates. A certificate of registration shall automatically be
20renewed, subject to revocation as provided by this Act, for an
21additional 5 years from the date of its expiration unless
22otherwise notified by the Department as provided by this
23paragraph. Where a taxpayer to whom a certificate of
24registration is issued under this Act is in default to the
25State of Illinois for delinquent returns or for moneys due
26under this Act or any other State tax law or municipal or

HB5597- 499 -LRB098 15874 AMC 50917 b
1county ordinance administered or enforced by the Department,
2the Department shall, not less than 120 days before the
3expiration date of such certificate of registration, give
4notice to the taxpayer to whom the certificate was issued of
5the account period of the delinquent returns, the amount of
6tax, penalty and interest due and owing from the taxpayer, and
7that the certificate of registration shall not be automatically
8renewed upon its expiration date unless the taxpayer, on or
9before the date of expiration, has filed and paid the
10delinquent returns or paid the defaulted amount in full. A
11taxpayer to whom such a notice is issued shall be deemed an
12applicant for renewal. The Department shall promulgate
13regulations establishing procedures for taxpayers who file
14returns on a monthly basis but desire and qualify to change to
15a quarterly or yearly filing basis and will no longer be
16subject to renewal under this Section, and for taxpayers who
17file returns on a yearly or quarterly basis but who desire or
18are required to change to a monthly filing basis and will be
19subject to renewal under this Section.
20 The Department may in its discretion approve renewal by an
21applicant who is in default if, at the time of application for
22renewal, the applicant files all of the delinquent returns or
23pays to the Department such percentage of the defaulted amount
24as may be determined by the Department and agrees in writing to
25waive all limitations upon the Department for collection of the
26remaining defaulted amount to the Department over a period not

HB5597- 500 -LRB098 15874 AMC 50917 b
1to exceed 5 years from the date of renewal of the certificate;
2however, no renewal application submitted by an applicant who
3is in default shall be approved if the immediately preceding
4renewal by the applicant was conditioned upon the installment
5payment agreement described in this Section. The payment
6agreement herein provided for shall be in addition to and not
7in lieu of the security that may be required by this Section of
8a taxpayer who is no longer considered a prior continuous
9compliance taxpayer. The execution of the payment agreement as
10provided in this Act shall not toll the accrual of interest at
11the statutory rate.
12 The Department may suspend a certificate of registration if
13the Department finds that the person to whom the certificate of
14registration has been issued knowingly sold contraband
15cigarettes.
16 A certificate of registration issued under this Act more
17than 5 years before the effective date of this amendatory Act
18of 1989 shall expire and be subject to the renewal provisions
19of this Section on the next anniversary of the date of issuance
20of such certificate which occurs more than 6 months after the
21effective date of this amendatory Act of 1989. A certificate of
22registration issued less than 5 years before the effective date
23of this amendatory Act of 1989 shall expire and be subject to
24the renewal provisions of this Section on the 5th anniversary
25of the issuance of the certificate.
26 If the person so registered states that he operates other

HB5597- 501 -LRB098 15874 AMC 50917 b
1places of business from which he engages in the business of
2selling tangible personal property at retail in this State, the
3Department shall furnish him with a sub-certificate of
4registration for each such place of business, and the applicant
5shall display the appropriate sub-certificate of registration
6at each such place of business. All sub-certificates of
7registration shall bear the same registration number as that
8appearing upon the certificate of registration to which such
9sub-certificates relate.
10 If the applicant will sell tangible personal property at
11retail through vending machines, the Department shall furnish
12him with a sub-certificate of registration for each such
13vending machine, and the applicant shall display the
14appropriate sub-certificate of registration on each such
15vending machine by attaching the sub-certificate of
16registration to a conspicuous part of such vending machine. If
17a person who is registered to sell tangible personal property
18at retail through vending machines adds an additional vending
19machine or additional vending machines to the number of vending
20machines he or she uses in his or her business of selling
21tangible personal property at retail, he or she shall notify
22the Department, on a form prescribed by the Department, to
23request an additional sub-certificate or additional
24sub-certificates of registration, as applicable. With each
25such request, the applicant shall report the number of
26sub-certificates of registration he or she is requesting as

HB5597- 502 -LRB098 15874 AMC 50917 b
1well as the total number of vending machines from which he or
2she makes retail sales.
3 Where the same person engages in 2 or more businesses of
4selling tangible personal property at retail in this State,
5which businesses are substantially different in character or
6engaged in under different trade names or engaged in under
7other substantially dissimilar circumstances (so that it is
8more practicable, from an accounting, auditing or bookkeeping
9standpoint, for such businesses to be separately registered),
10the Department may require or permit such person (subject to
11the same requirements concerning the furnishing of security as
12those that are provided for hereinbefore in this Section as to
13each application for a certificate of registration) to apply
14for and obtain a separate certificate of registration for each
15such business or for any of such businesses, under a single
16certificate of registration supplemented by related
17sub-certificates of registration.
18 Any person who is registered under the "Retailers'
19Occupation Tax Act" as of March 8, 1963, and who, during the
203-year period immediately prior to March 8, 1963, or during a
21continuous 3-year period part of which passed immediately
22before and the remainder of which passes immediately after
23March 8, 1963, has been so registered continuously and who is
24determined by the Department not to have been either delinquent
25or deficient in the payment of tax liability during that period
26under this Act or under any other State tax law or municipal or

HB5597- 503 -LRB098 15874 AMC 50917 b
1county tax ordinance or resolution under which the certificate
2of registration that is issued to the registrant under this Act
3will permit the registrant to engage in business without
4registering separately under such other law, ordinance or
5resolution, shall be considered to be a Prior Continuous
6Compliance taxpayer. Also any taxpayer who has, as verified by
7the Department, faithfully and continuously complied with the
8condition of his bond or other security under the provisions of
9this Act for a period of 3 consecutive years shall be
10considered to be a Prior Continuous Compliance taxpayer.
11 Every Prior Continuous Compliance taxpayer shall be exempt
12from all requirements under this Act concerning the furnishing
13of a bond or other security as a condition precedent to his
14being authorized to engage in the business of selling tangible
15personal property at retail in this State. This exemption shall
16continue for each such taxpayer until such time as he may be
17determined by the Department to be delinquent in the filing of
18any returns, or is determined by the Department (either through
19the Department's issuance of a final assessment which has
20become final under the Act, or by the taxpayer's filing of a
21return which admits tax that is not paid to be due) to be
22delinquent or deficient in the paying of any tax under this Act
23or under any other State tax law or municipal or county tax
24ordinance or resolution under which the certificate of
25registration that is issued to the registrant under this Act
26will permit the registrant to engage in business without

HB5597- 504 -LRB098 15874 AMC 50917 b
1registering separately under such other law, ordinance or
2resolution, at which time that taxpayer shall become subject to
3all the financial responsibility requirements of this Act and,
4as a condition of being allowed to continue to engage in the
5business of selling tangible personal property at retail, may
6be required to post bond or other acceptable security with the
7Department covering liability which such taxpayer may
8thereafter incur. Any taxpayer who fails to pay an admitted or
9established liability under this Act may also be required to
10post bond or other acceptable security with this Department
11guaranteeing the payment of such admitted or established
12liability.
13 No certificate of registration shall be issued to any
14person who is in default to the State of Illinois for moneys
15due under this Act or under any other State tax law or
16municipal or county tax ordinance or resolution under which the
17certificate of registration that is issued to the applicant
18under this Act will permit the applicant to engage in business
19without registering separately under such other law, ordinance
20or resolution.
21 Any person aggrieved by any decision of the Department
22under this Section may, within 20 days after notice of such
23decision, protest and request a hearing, whereupon the
24Department shall give notice to such person of the time and
25place fixed for such hearing and shall hold a hearing in
26conformity with the provisions of this Act and then issue its

HB5597- 505 -LRB098 15874 AMC 50917 b
1final administrative decision in the matter to such person. In
2the absence of such a protest within 20 days, the Department's
3decision shall become final without any further determination
4being made or notice given.
5 With respect to security other than bonds (upon which the
6Department may sue in the event of a forfeiture), if the
7taxpayer fails to pay, when due, any amount whose payment such
8security guarantees, the Department shall, after such
9liability is admitted by the taxpayer or established by the
10Department through the issuance of a final assessment that has
11become final under the law, convert the security which that
12taxpayer has furnished into money for the State, after first
13giving the taxpayer at least 10 days' written notice, by
14registered or certified mail, to pay the liability or forfeit
15such security to the Department. If the security consists of
16stocks or bonds or other securities which are listed on a
17public exchange, the Department shall sell such securities
18through such public exchange. If the security consists of an
19irrevocable bank letter of credit, the Department shall convert
20the security in the manner provided for in the Uniform
21Commercial Code. If the security consists of a bank certificate
22of deposit, the Department shall convert the security into
23money by demanding and collecting the amount of such bank
24certificate of deposit from the bank which issued such
25certificate. If the security consists of a type of stocks or
26other securities which are not listed on a public exchange, the

HB5597- 506 -LRB098 15874 AMC 50917 b
1Department shall sell such security to the highest and best
2bidder after giving at least 10 days' notice of the date, time
3and place of the intended sale by publication in the "State
4Official Newspaper". If the Department realizes more than the
5amount of such liability from the security, plus the expenses
6incurred by the Department in converting the security into
7money, the Department shall pay such excess to the taxpayer who
8furnished such security, and the balance shall be paid into the
9State Treasury.
10 The Department shall discharge any surety and shall release
11and return any security deposited, assigned, pledged or
12otherwise provided to it by a taxpayer under this Section
13within 30 days after:
14 (1) such taxpayer becomes a Prior Continuous
15 Compliance taxpayer; or
16 (2) such taxpayer has ceased to collect receipts on
17 which he is required to remit tax to the Department, has
18 filed a final tax return, and has paid to the Department an
19 amount sufficient to discharge his remaining tax
20 liability, as determined by the Department, under this Act
21 and under every other State tax law or municipal or county
22 tax ordinance or resolution under which the certificate of
23 registration issued under this Act permits the registrant
24 to engage in business without registering separately under
25 such other law, ordinance or resolution. The Department
26 shall make a final determination of the taxpayer's

HB5597- 507 -LRB098 15874 AMC 50917 b
1 outstanding tax liability as expeditiously as possible
2 after his final tax return has been filed; if the
3 Department cannot make such final determination within 45
4 days after receiving the final tax return, within such
5 period it shall so notify the taxpayer, stating its reasons
6 therefor.
7(Source: P.A. 97-335, eff. 1-1-12; 98-496, eff. 1-1-14; 98-583,
8eff. 1-1-14; revised 9-9-13.)
9 (35 ILCS 120/3) (from Ch. 120, par. 442)
10 Sec. 3. Except as provided in this Section, on or before
11the twentieth day of each calendar month, every person engaged
12in the business of selling tangible personal property at retail
13in this State during the preceding calendar month shall file a
14return with the Department, stating:
15 1. The name of the seller;
16 2. His residence address and the address of his
17 principal place of business and the address of the
18 principal place of business (if that is a different
19 address) from which he engages in the business of selling
20 tangible personal property at retail in this State;
21 3. Total amount of receipts received by him during the
22 preceding calendar month or quarter, as the case may be,
23 from sales of tangible personal property, and from services
24 furnished, by him during such preceding calendar month or
25 quarter;

HB5597- 508 -LRB098 15874 AMC 50917 b
1 4. Total amount received by him during the preceding
2 calendar month or quarter on charge and time sales of
3 tangible personal property, and from services furnished,
4 by him prior to the month or quarter for which the return
5 is filed;
6 5. Deductions allowed by law;
7 6. Gross receipts which were received by him during the
8 preceding calendar month or quarter and upon the basis of
9 which the tax is imposed;
10 7. The amount of credit provided in Section 2d of this
11 Act;
12 8. The amount of tax due;
13 9. The signature of the taxpayer; and
14 10. Such other reasonable information as the
15 Department may require.
16 If a taxpayer fails to sign a return within 30 days after
17the proper notice and demand for signature by the Department,
18the return shall be considered valid and any amount shown to be
19due on the return shall be deemed assessed.
20 Each return shall be accompanied by the statement of
21prepaid tax issued pursuant to Section 2e for which credit is
22claimed.
23 Prior to October 1, 2003, and on and after September 1,
242004 a retailer may accept a Manufacturer's Purchase Credit
25certification from a purchaser in satisfaction of Use Tax as
26provided in Section 3-85 of the Use Tax Act if the purchaser

HB5597- 509 -LRB098 15874 AMC 50917 b
1provides the appropriate documentation as required by Section
23-85 of the Use Tax Act. A Manufacturer's Purchase Credit
3certification, accepted by a retailer prior to October 1, 2003
4and on and after September 1, 2004 as provided in Section 3-85
5of the Use Tax Act, may be used by that retailer to satisfy
6Retailers' Occupation Tax liability in the amount claimed in
7the certification, not to exceed 6.25% of the receipts subject
8to tax from a qualifying purchase. A Manufacturer's Purchase
9Credit reported on any original or amended return filed under
10this Act after October 20, 2003 for reporting periods prior to
11September 1, 2004 shall be disallowed. Manufacturer's
12Purchaser Credit reported on annual returns due on or after
13January 1, 2005 will be disallowed for periods prior to
14September 1, 2004. No Manufacturer's Purchase Credit may be
15used after September 30, 2003 through August 31, 2004 to
16satisfy any tax liability imposed under this Act, including any
17audit liability.
18 The Department may require returns to be filed on a
19quarterly basis. If so required, a return for each calendar
20quarter shall be filed on or before the twentieth day of the
21calendar month following the end of such calendar quarter. The
22taxpayer shall also file a return with the Department for each
23of the first two months of each calendar quarter, on or before
24the twentieth day of the following calendar month, stating:
25 1. The name of the seller;
26 2. The address of the principal place of business from

HB5597- 510 -LRB098 15874 AMC 50917 b
1 which he engages in the business of selling tangible
2 personal property at retail in this State;
3 3. The total amount of taxable receipts received by him
4 during the preceding calendar month from sales of tangible
5 personal property by him during such preceding calendar
6 month, including receipts from charge and time sales, but
7 less all deductions allowed by law;
8 4. The amount of credit provided in Section 2d of this
9 Act;
10 5. The amount of tax due; and
11 6. Such other reasonable information as the Department
12 may require.
13 Beginning on October 1, 2003, any person who is not a
14licensed distributor, importing distributor, or manufacturer,
15as defined in the Liquor Control Act of 1934, but is engaged in
16the business of selling, at retail, alcoholic liquor shall file
17a statement with the Department of Revenue, in a format and at
18a time prescribed by the Department, showing the total amount
19paid for alcoholic liquor purchased during the preceding month
20and such other information as is reasonably required by the
21Department. The Department may adopt rules to require that this
22statement be filed in an electronic or telephonic format. Such
23rules may provide for exceptions from the filing requirements
24of this paragraph. For the purposes of this paragraph, the term
25"alcoholic liquor" shall have the meaning prescribed in the
26Liquor Control Act of 1934.

HB5597- 511 -LRB098 15874 AMC 50917 b
1 Beginning on October 1, 2003, every distributor, importing
2distributor, and manufacturer of alcoholic liquor as defined in
3the Liquor Control Act of 1934, shall file a statement with the
4Department of Revenue, no later than the 10th day of the month
5for the preceding month during which transactions occurred, by
6electronic means, showing the total amount of gross receipts
7from the sale of alcoholic liquor sold or distributed during
8the preceding month to purchasers; identifying the purchaser to
9whom it was sold or distributed; the purchaser's tax
10registration number; and such other information reasonably
11required by the Department. A distributor, importing
12distributor, or manufacturer of alcoholic liquor must
13personally deliver, mail, or provide by electronic means to
14each retailer listed on the monthly statement a report
15containing a cumulative total of that distributor's, importing
16distributor's, or manufacturer's total sales of alcoholic
17liquor to that retailer no later than the 10th day of the month
18for the preceding month during which the transaction occurred.
19The distributor, importing distributor, or manufacturer shall
20notify the retailer as to the method by which the distributor,
21importing distributor, or manufacturer will provide the sales
22information. If the retailer is unable to receive the sales
23information by electronic means, the distributor, importing
24distributor, or manufacturer shall furnish the sales
25information by personal delivery or by mail. For purposes of
26this paragraph, the term "electronic means" includes, but is

HB5597- 512 -LRB098 15874 AMC 50917 b
1not limited to, the use of a secure Internet website, e-mail,
2or facsimile.
3 If a total amount of less than $1 is payable, refundable or
4creditable, such amount shall be disregarded if it is less than
550 cents and shall be increased to $1 if it is 50 cents or more.
6 Beginning October 1, 1993, a taxpayer who has an average
7monthly tax liability of $150,000 or more shall make all
8payments required by rules of the Department by electronic
9funds transfer. Beginning October 1, 1994, a taxpayer who has
10an average monthly tax liability of $100,000 or more shall make
11all payments required by rules of the Department by electronic
12funds transfer. Beginning October 1, 1995, a taxpayer who has
13an average monthly tax liability of $50,000 or more shall make
14all payments required by rules of the Department by electronic
15funds transfer. Beginning October 1, 2000, a taxpayer who has
16an annual tax liability of $200,000 or more shall make all
17payments required by rules of the Department by electronic
18funds transfer. The term "annual tax liability" shall be the
19sum of the taxpayer's liabilities under this Act, and under all
20other State and local occupation and use tax laws administered
21by the Department, for the immediately preceding calendar year.
22The term "average monthly tax liability" shall be the sum of
23the taxpayer's liabilities under this Act, and under all other
24State and local occupation and use tax laws administered by the
25Department, for the immediately preceding calendar year
26divided by 12. Beginning on October 1, 2002, a taxpayer who has

HB5597- 513 -LRB098 15874 AMC 50917 b
1a tax liability in the amount set forth in subsection (b) of
2Section 2505-210 of the Department of Revenue Law shall make
3all payments required by rules of the Department by electronic
4funds transfer.
5 Before August 1 of each year beginning in 1993, the
6Department shall notify all taxpayers required to make payments
7by electronic funds transfer. All taxpayers required to make
8payments by electronic funds transfer shall make those payments
9for a minimum of one year beginning on October 1.
10 Any taxpayer not required to make payments by electronic
11funds transfer may make payments by electronic funds transfer
12with the permission of the Department.
13 All taxpayers required to make payment by electronic funds
14transfer and any taxpayers authorized to voluntarily make
15payments by electronic funds transfer shall make those payments
16in the manner authorized by the Department.
17 The Department shall adopt such rules as are necessary to
18effectuate a program of electronic funds transfer and the
19requirements of this Section.
20 Any amount which is required to be shown or reported on any
21return or other document under this Act shall, if such amount
22is not a whole-dollar amount, be increased to the nearest
23whole-dollar amount in any case where the fractional part of a
24dollar is 50 cents or more, and decreased to the nearest
25whole-dollar amount where the fractional part of a dollar is
26less than 50 cents.

HB5597- 514 -LRB098 15874 AMC 50917 b
1 If the retailer is otherwise required to file a monthly
2return and if the retailer's average monthly tax liability to
3the Department does not exceed $200, the Department may
4authorize his returns to be filed on a quarter annual basis,
5with the return for January, February and March of a given year
6being due by April 20 of such year; with the return for April,
7May and June of a given year being due by July 20 of such year;
8with the return for July, August and September of a given year
9being due by October 20 of such year, and with the return for
10October, November and December of a given year being due by
11January 20 of the following year.
12 If the retailer is otherwise required to file a monthly or
13quarterly return and if the retailer's average monthly tax
14liability with the Department does not exceed $50, the
15Department may authorize his returns to be filed on an annual
16basis, with the return for a given year being due by January 20
17of the following year.
18 Such quarter annual and annual returns, as to form and
19substance, shall be subject to the same requirements as monthly
20returns.
21 Notwithstanding any other provision in this Act concerning
22the time within which a retailer may file his return, in the
23case of any retailer who ceases to engage in a kind of business
24which makes him responsible for filing returns under this Act,
25such retailer shall file a final return under this Act with the
26Department not more than one month after discontinuing such

HB5597- 515 -LRB098 15874 AMC 50917 b
1business.
2 Where the same person has more than one business registered
3with the Department under separate registrations under this
4Act, such person may not file each return that is due as a
5single return covering all such registered businesses, but
6shall file separate returns for each such registered business.
7 In addition, with respect to motor vehicles, watercraft,
8aircraft, and trailers that are required to be registered with
9an agency of this State, every retailer selling this kind of
10tangible personal property shall file, with the Department,
11upon a form to be prescribed and supplied by the Department, a
12separate return for each such item of tangible personal
13property which the retailer sells, except that if, in the same
14transaction, (i) a retailer of aircraft, watercraft, motor
15vehicles or trailers transfers more than one aircraft,
16watercraft, motor vehicle or trailer to another aircraft,
17watercraft, motor vehicle retailer or trailer retailer for the
18purpose of resale or (ii) a retailer of aircraft, watercraft,
19motor vehicles, or trailers transfers more than one aircraft,
20watercraft, motor vehicle, or trailer to a purchaser for use as
21a qualifying rolling stock as provided in Section 2-5 of this
22Act, then that seller may report the transfer of all aircraft,
23watercraft, motor vehicles or trailers involved in that
24transaction to the Department on the same uniform
25invoice-transaction reporting return form. For purposes of
26this Section, "watercraft" means a Class 2, Class 3, or Class 4

HB5597- 516 -LRB098 15874 AMC 50917 b
1watercraft as defined in Section 3-2 of the Boat Registration
2and Safety Act, a personal watercraft, or any boat equipped
3with an inboard motor.
4 Any retailer who sells only motor vehicles, watercraft,
5aircraft, or trailers that are required to be registered with
6an agency of this State, so that all retailers' occupation tax
7liability is required to be reported, and is reported, on such
8transaction reporting returns and who is not otherwise required
9to file monthly or quarterly returns, need not file monthly or
10quarterly returns. However, those retailers shall be required
11to file returns on an annual basis.
12 The transaction reporting return, in the case of motor
13vehicles or trailers that are required to be registered with an
14agency of this State, shall be the same document as the Uniform
15Invoice referred to in Section 5-402 of The Illinois Vehicle
16Code and must show the name and address of the seller; the name
17and address of the purchaser; the amount of the selling price
18including the amount allowed by the retailer for traded-in
19property, if any; the amount allowed by the retailer for the
20traded-in tangible personal property, if any, to the extent to
21which Section 1 of this Act allows an exemption for the value
22of traded-in property; the balance payable after deducting such
23trade-in allowance from the total selling price; the amount of
24tax due from the retailer with respect to such transaction; the
25amount of tax collected from the purchaser by the retailer on
26such transaction (or satisfactory evidence that such tax is not

HB5597- 517 -LRB098 15874 AMC 50917 b
1due in that particular instance, if that is claimed to be the
2fact); the place and date of the sale; a sufficient
3identification of the property sold; such other information as
4is required in Section 5-402 of The Illinois Vehicle Code, and
5such other information as the Department may reasonably
6require.
7 The transaction reporting return in the case of watercraft
8or aircraft must show the name and address of the seller; the
9name and address of the purchaser; the amount of the selling
10price including the amount allowed by the retailer for
11traded-in property, if any; the amount allowed by the retailer
12for the traded-in tangible personal property, if any, to the
13extent to which Section 1 of this Act allows an exemption for
14the value of traded-in property; the balance payable after
15deducting such trade-in allowance from the total selling price;
16the amount of tax due from the retailer with respect to such
17transaction; the amount of tax collected from the purchaser by
18the retailer on such transaction (or satisfactory evidence that
19such tax is not due in that particular instance, if that is
20claimed to be the fact); the place and date of the sale, a
21sufficient identification of the property sold, and such other
22information as the Department may reasonably require.
23 Such transaction reporting return shall be filed not later
24than 20 days after the day of delivery of the item that is
25being sold, but may be filed by the retailer at any time sooner
26than that if he chooses to do so. The transaction reporting

HB5597- 518 -LRB098 15874 AMC 50917 b
1return and tax remittance or proof of exemption from the
2Illinois use tax may be transmitted to the Department by way of
3the State agency with which, or State officer with whom the
4tangible personal property must be titled or registered (if
5titling or registration is required) if the Department and such
6agency or State officer determine that this procedure will
7expedite the processing of applications for title or
8registration.
9 With each such transaction reporting return, the retailer
10shall remit the proper amount of tax due (or shall submit
11satisfactory evidence that the sale is not taxable if that is
12the case), to the Department or its agents, whereupon the
13Department shall issue, in the purchaser's name, a use tax
14receipt (or a certificate of exemption if the Department is
15satisfied that the particular sale is tax exempt) which such
16purchaser may submit to the agency with which, or State officer
17with whom, he must title or register the tangible personal
18property that is involved (if titling or registration is
19required) in support of such purchaser's application for an
20Illinois certificate or other evidence of title or registration
21to such tangible personal property.
22 No retailer's failure or refusal to remit tax under this
23Act precludes a user, who has paid the proper tax to the
24retailer, from obtaining his certificate of title or other
25evidence of title or registration (if titling or registration
26is required) upon satisfying the Department that such user has

HB5597- 519 -LRB098 15874 AMC 50917 b
1paid the proper tax (if tax is due) to the retailer. The
2Department shall adopt appropriate rules to carry out the
3mandate of this paragraph.
4 If the user who would otherwise pay tax to the retailer
5wants the transaction reporting return filed and the payment of
6the tax or proof of exemption made to the Department before the
7retailer is willing to take these actions and such user has not
8paid the tax to the retailer, such user may certify to the fact
9of such delay by the retailer and may (upon the Department
10being satisfied of the truth of such certification) transmit
11the information required by the transaction reporting return
12and the remittance for tax or proof of exemption directly to
13the Department and obtain his tax receipt or exemption
14determination, in which event the transaction reporting return
15and tax remittance (if a tax payment was required) shall be
16credited by the Department to the proper retailer's account
17with the Department, but without the 2.1% or 1.75% discount
18provided for in this Section being allowed. When the user pays
19the tax directly to the Department, he shall pay the tax in the
20same amount and in the same form in which it would be remitted
21if the tax had been remitted to the Department by the retailer.
22 Refunds made by the seller during the preceding return
23period to purchasers, on account of tangible personal property
24returned to the seller, shall be allowed as a deduction under
25subdivision 5 of his monthly or quarterly return, as the case
26may be, in case the seller had theretofore included the

HB5597- 520 -LRB098 15874 AMC 50917 b
1receipts from the sale of such tangible personal property in a
2return filed by him and had paid the tax imposed by this Act
3with respect to such receipts.
4 Where the seller is a corporation, the return filed on
5behalf of such corporation shall be signed by the president,
6vice-president, secretary or treasurer or by the properly
7accredited agent of such corporation.
8 Where the seller is a limited liability company, the return
9filed on behalf of the limited liability company shall be
10signed by a manager, member, or properly accredited agent of
11the limited liability company.
12 Except as provided in this Section, the retailer filing the
13return under this Section shall, at the time of filing such
14return, pay to the Department the amount of tax imposed by this
15Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
16on and after January 1, 1990, or $5 per calendar year,
17whichever is greater, which is allowed to reimburse the
18retailer for the expenses incurred in keeping records,
19preparing and filing returns, remitting the tax and supplying
20data to the Department on request. Any prepayment made pursuant
21to Section 2d of this Act shall be included in the amount on
22which such 2.1% or 1.75% discount is computed. In the case of
23retailers who report and pay the tax on a transaction by
24transaction basis, as provided in this Section, such discount
25shall be taken with each such tax remittance instead of when
26such retailer files his periodic return. The Department may

HB5597- 521 -LRB098 15874 AMC 50917 b
1disallow the discount for retailers whose certificate of
2registration is revoked at the time the return is filed, but
3only if the Department's decision to revoke the certificate of
4registration has become final.
5 Before October 1, 2000, if the taxpayer's average monthly
6tax liability to the Department under this Act, the Use Tax
7Act, the Service Occupation Tax Act, and the Service Use Tax
8Act, excluding any liability for prepaid sales tax to be
9remitted in accordance with Section 2d of this Act, was $10,000
10or more during the preceding 4 complete calendar quarters, he
11shall file a return with the Department each month by the 20th
12day of the month next following the month during which such tax
13liability is incurred and shall make payments to the Department
14on or before the 7th, 15th, 22nd and last day of the month
15during which such liability is incurred. On and after October
161, 2000, if the taxpayer's average monthly tax liability to the
17Department under this Act, the Use Tax Act, the Service
18Occupation Tax Act, and the Service Use Tax Act, excluding any
19liability for prepaid sales tax to be remitted in accordance
20with Section 2d of this Act, was $20,000 or more during the
21preceding 4 complete calendar quarters, he shall file a return
22with the Department each month by the 20th day of the month
23next following the month during which such tax liability is
24incurred and shall make payment to the Department on or before
25the 7th, 15th, 22nd and last day of the month during which such
26liability is incurred. If the month during which such tax

HB5597- 522 -LRB098 15874 AMC 50917 b
1liability is incurred began prior to January 1, 1985, each
2payment shall be in an amount equal to 1/4 of the taxpayer's
3actual liability for the month or an amount set by the
4Department not to exceed 1/4 of the average monthly liability
5of the taxpayer to the Department for the preceding 4 complete
6calendar quarters (excluding the month of highest liability and
7the month of lowest liability in such 4 quarter period). If the
8month during which such tax liability is incurred begins on or
9after January 1, 1985 and prior to January 1, 1987, each
10payment shall be in an amount equal to 22.5% of the taxpayer's
11actual liability for the month or 27.5% of the taxpayer's
12liability for the same calendar month of the preceding year. If
13the month during which such tax liability is incurred begins on
14or after January 1, 1987 and prior to January 1, 1988, each
15payment shall be in an amount equal to 22.5% of the taxpayer's
16actual liability for the month or 26.25% of the taxpayer's
17liability for the same calendar month of the preceding year. If
18the month during which such tax liability is incurred begins on
19or after January 1, 1988, and prior to January 1, 1989, or
20begins on or after January 1, 1996, each payment shall be in an
21amount equal to 22.5% of the taxpayer's actual liability for
22the month or 25% of the taxpayer's liability for the same
23calendar month of the preceding year. If the month during which
24such tax liability is incurred begins on or after January 1,
251989, and prior to January 1, 1996, each payment shall be in an
26amount equal to 22.5% of the taxpayer's actual liability for

HB5597- 523 -LRB098 15874 AMC 50917 b
1the month or 25% of the taxpayer's liability for the same
2calendar month of the preceding year or 100% of the taxpayer's
3actual liability for the quarter monthly reporting period. The
4amount of such quarter monthly payments shall be credited
5against the final tax liability of the taxpayer's return for
6that month. Before October 1, 2000, once applicable, the
7requirement of the making of quarter monthly payments to the
8Department by taxpayers having an average monthly tax liability
9of $10,000 or more as determined in the manner provided above
10shall continue until such taxpayer's average monthly liability
11to the Department during the preceding 4 complete calendar
12quarters (excluding the month of highest liability and the
13month of lowest liability) is less than $9,000, or until such
14taxpayer's average monthly liability to the Department as
15computed for each calendar quarter of the 4 preceding complete
16calendar quarter period is less than $10,000. However, if a
17taxpayer can show the Department that a substantial change in
18the taxpayer's business has occurred which causes the taxpayer
19to anticipate that his average monthly tax liability for the
20reasonably foreseeable future will fall below the $10,000
21threshold stated above, then such taxpayer may petition the
22Department for a change in such taxpayer's reporting status. On
23and after October 1, 2000, once applicable, the requirement of
24the making of quarter monthly payments to the Department by
25taxpayers having an average monthly tax liability of $20,000 or
26more as determined in the manner provided above shall continue

HB5597- 524 -LRB098 15874 AMC 50917 b
1until such taxpayer's average monthly liability to the
2Department during the preceding 4 complete calendar quarters
3(excluding the month of highest liability and the month of
4lowest liability) is less than $19,000 or until such taxpayer's
5average monthly liability to the Department as computed for
6each calendar quarter of the 4 preceding complete calendar
7quarter period is less than $20,000. However, if a taxpayer can
8show the Department that a substantial change in the taxpayer's
9business has occurred which causes the taxpayer to anticipate
10that his average monthly tax liability for the reasonably
11foreseeable future will fall below the $20,000 threshold stated
12above, then such taxpayer may petition the Department for a
13change in such taxpayer's reporting status. The Department
14shall change such taxpayer's reporting status unless it finds
15that such change is seasonal in nature and not likely to be
16long term. If any such quarter monthly payment is not paid at
17the time or in the amount required by this Section, then the
18taxpayer shall be liable for penalties and interest on the
19difference between the minimum amount due as a payment and the
20amount of such quarter monthly payment actually and timely
21paid, except insofar as the taxpayer has previously made
22payments for that month to the Department in excess of the
23minimum payments previously due as provided in this Section.
24The Department shall make reasonable rules and regulations to
25govern the quarter monthly payment amount and quarter monthly
26payment dates for taxpayers who file on other than a calendar

HB5597- 525 -LRB098 15874 AMC 50917 b
1monthly basis.
2 The provisions of this paragraph apply before October 1,
32001. Without regard to whether a taxpayer is required to make
4quarter monthly payments as specified above, any taxpayer who
5is required by Section 2d of this Act to collect and remit
6prepaid taxes and has collected prepaid taxes which average in
7excess of $25,000 per month during the preceding 2 complete
8calendar quarters, shall file a return with the Department as
9required by Section 2f and shall make payments to the
10Department on or before the 7th, 15th, 22nd and last day of the
11month during which such liability is incurred. If the month
12during which such tax liability is incurred began prior to the
13effective date of this amendatory Act of 1985, each payment
14shall be in an amount not less than 22.5% of the taxpayer's
15actual liability under Section 2d. If the month during which
16such tax liability is incurred begins on or after January 1,
171986, each payment shall be in an amount equal to 22.5% of the
18taxpayer's actual liability for the month or 27.5% of the
19taxpayer's liability for the same calendar month of the
20preceding calendar year. If the month during which such tax
21liability is incurred begins on or after January 1, 1987, each
22payment shall be in an amount equal to 22.5% of the taxpayer's
23actual liability for the month or 26.25% of the taxpayer's
24liability for the same calendar month of the preceding year.
25The amount of such quarter monthly payments shall be credited
26against the final tax liability of the taxpayer's return for

HB5597- 526 -LRB098 15874 AMC 50917 b
1that month filed under this Section or Section 2f, as the case
2may be. Once applicable, the requirement of the making of
3quarter monthly payments to the Department pursuant to this
4paragraph shall continue until such taxpayer's average monthly
5prepaid tax collections during the preceding 2 complete
6calendar quarters is $25,000 or less. If any such quarter
7monthly payment is not paid at the time or in the amount
8required, the taxpayer shall be liable for penalties and
9interest on such difference, except insofar as the taxpayer has
10previously made payments for that month in excess of the
11minimum payments previously due.
12 The provisions of this paragraph apply on and after October
131, 2001. Without regard to whether a taxpayer is required to
14make quarter monthly payments as specified above, any taxpayer
15who is required by Section 2d of this Act to collect and remit
16prepaid taxes and has collected prepaid taxes that average in
17excess of $20,000 per month during the preceding 4 complete
18calendar quarters shall file a return with the Department as
19required by Section 2f and shall make payments to the
20Department on or before the 7th, 15th, 22nd and last day of the
21month during which the liability is incurred. Each payment
22shall be in an amount equal to 22.5% of the taxpayer's actual
23liability for the month or 25% of the taxpayer's liability for
24the same calendar month of the preceding year. The amount of
25the quarter monthly payments shall be credited against the
26final tax liability of the taxpayer's return for that month

HB5597- 527 -LRB098 15874 AMC 50917 b
1filed under this Section or Section 2f, as the case may be.
2Once applicable, the requirement of the making of quarter
3monthly payments to the Department pursuant to this paragraph
4shall continue until the taxpayer's average monthly prepaid tax
5collections during the preceding 4 complete calendar quarters
6(excluding the month of highest liability and the month of
7lowest liability) is less than $19,000 or until such taxpayer's
8average monthly liability to the Department as computed for
9each calendar quarter of the 4 preceding complete calendar
10quarters is less than $20,000. If any such quarter monthly
11payment is not paid at the time or in the amount required, the
12taxpayer shall be liable for penalties and interest on such
13difference, except insofar as the taxpayer has previously made
14payments for that month in excess of the minimum payments
15previously due.
16 If any payment provided for in this Section exceeds the
17taxpayer's liabilities under this Act, the Use Tax Act, the
18Service Occupation Tax Act and the Service Use Tax Act, as
19shown on an original monthly return, the Department shall, if
20requested by the taxpayer, issue to the taxpayer a credit
21memorandum no later than 30 days after the date of payment. The
22credit evidenced by such credit memorandum may be assigned by
23the taxpayer to a similar taxpayer under this Act, the Use Tax
24Act, the Service Occupation Tax Act or the Service Use Tax Act,
25in accordance with reasonable rules and regulations to be
26prescribed by the Department. If no such request is made, the

HB5597- 528 -LRB098 15874 AMC 50917 b
1taxpayer may credit such excess payment against tax liability
2subsequently to be remitted to the Department under this Act,
3the Use Tax Act, the Service Occupation Tax Act or the Service
4Use Tax Act, in accordance with reasonable rules and
5regulations prescribed by the Department. If the Department
6subsequently determined that all or any part of the credit
7taken was not actually due to the taxpayer, the taxpayer's 2.1%
8and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
9of the difference between the credit taken and that actually
10due, and that taxpayer shall be liable for penalties and
11interest on such difference.
12 If a retailer of motor fuel is entitled to a credit under
13Section 2d of this Act which exceeds the taxpayer's liability
14to the Department under this Act for the month which the
15taxpayer is filing a return, the Department shall issue the
16taxpayer a credit memorandum for the excess.
17 Beginning January 1, 1990, each month the Department shall
18pay into the Local Government Tax Fund, a special fund in the
19State treasury which is hereby created, the net revenue
20realized for the preceding month from the 1% tax on sales of
21food for human consumption which is to be consumed off the
22premises where it is sold (other than alcoholic beverages, soft
23drinks and food which has been prepared for immediate
24consumption) and prescription and nonprescription medicines,
25drugs, medical appliances and insulin, urine testing
26materials, syringes and needles used by diabetics.

HB5597- 529 -LRB098 15874 AMC 50917 b
1 Beginning January 1, 1990, each month the Department shall
2pay into the County and Mass Transit District Fund, a special
3fund in the State treasury which is hereby created, 4% of the
4net revenue realized for the preceding month from the 6.25%
5general rate.
6 Beginning August 1, 2000, each month the Department shall
7pay into the County and Mass Transit District Fund 20% of the
8net revenue realized for the preceding month from the 1.25%
9rate on the selling price of motor fuel and gasohol. Beginning
10September 1, 2010, each month the Department shall pay into the
11County and Mass Transit District Fund 20% of the net revenue
12realized for the preceding month from the 1.25% rate on the
13selling price of sales tax holiday items.
14 Beginning January 1, 1990, each month the Department shall
15pay into the Local Government Tax Fund 16% of the net revenue
16realized for the preceding month from the 6.25% general rate on
17the selling price of tangible personal property.
18 Beginning August 1, 2000, each month the Department shall
19pay into the Local Government Tax Fund 80% of the net revenue
20realized for the preceding month from the 1.25% rate on the
21selling price of motor fuel and gasohol. Beginning September 1,
222010, each month the Department shall pay into the Local
23Government Tax Fund 80% of the net revenue realized for the
24preceding month from the 1.25% rate on the selling price of
25sales tax holiday items.
26 Beginning October 1, 2009, each month the Department shall

HB5597- 530 -LRB098 15874 AMC 50917 b
1pay into the Capital Projects Fund an amount that is equal to
2an amount estimated by the Department to represent 80% of the
3net revenue realized for the preceding month from the sale of
4candy, grooming and hygiene products, and soft drinks that had
5been taxed at a rate of 1% prior to September 1, 2009 but that
6are is now taxed at 6.25%.
7 Beginning July 1, 2011, each month the Department shall pay
8into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
9realized for the preceding month from the 6.25% general rate on
10the selling price of sorbents used in Illinois in the process
11of sorbent injection as used to comply with the Environmental
12Protection Act or the federal Clean Air Act, but the total
13payment into the Clean Air Act (CAA) Permit Fund under this Act
14and the Use Tax Act shall not exceed $2,000,000 in any fiscal
15year.
16 Beginning July 1, 2013, each month the Department shall pay
17into the Underground Storage Tank Fund from the proceeds
18collected under this Act, the Use Tax Act, the Service Use Tax
19Act, and the Service Occupation Tax Act an amount equal to the
20average monthly deficit in the Underground Storage Tank Fund
21during the prior year, as certified annually by the Illinois
22Environmental Protection Agency, but the total payment into the
23Underground Storage Tank Fund under this Act, the Use Tax Act,
24the Service Use Tax Act, and the Service Occupation Tax Act
25shall not exceed $18,000,000 in any State fiscal year. As used
26in this paragraph, the "average monthly deficit" shall be equal

HB5597- 531 -LRB098 15874 AMC 50917 b
1to the difference between the average monthly claims for
2payment by the fund and the average monthly revenues deposited
3into the fund, excluding payments made pursuant to this
4paragraph.
5 Of the remainder of the moneys received by the Department
6pursuant to this Act, (a) 1.75% thereof shall be paid into the
7Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
8and after July 1, 1989, 3.8% thereof shall be paid into the
9Build Illinois Fund; provided, however, that if in any fiscal
10year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
11may be, of the moneys received by the Department and required
12to be paid into the Build Illinois Fund pursuant to this Act,
13Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
14Act, and Section 9 of the Service Occupation Tax Act, such Acts
15being hereinafter called the "Tax Acts" and such aggregate of
162.2% or 3.8%, as the case may be, of moneys being hereinafter
17called the "Tax Act Amount", and (2) the amount transferred to
18the Build Illinois Fund from the State and Local Sales Tax
19Reform Fund shall be less than the Annual Specified Amount (as
20hereinafter defined), an amount equal to the difference shall
21be immediately paid into the Build Illinois Fund from other
22moneys received by the Department pursuant to the Tax Acts; the
23"Annual Specified Amount" means the amounts specified below for
24fiscal years 1986 through 1993:
25Fiscal YearAnnual Specified Amount
261986$54,800,000

HB5597- 532 -LRB098 15874 AMC 50917 b
11987$76,650,000
21988$80,480,000
31989$88,510,000
41990$115,330,000
51991$145,470,000
61992$182,730,000
71993$206,520,000;
8and means the Certified Annual Debt Service Requirement (as
9defined in Section 13 of the Build Illinois Bond Act) or the
10Tax Act Amount, whichever is greater, for fiscal year 1994 and
11each fiscal year thereafter; and further provided, that if on
12the last business day of any month the sum of (1) the Tax Act
13Amount required to be deposited into the Build Illinois Bond
14Account in the Build Illinois Fund during such month and (2)
15the amount transferred to the Build Illinois Fund from the
16State and Local Sales Tax Reform Fund shall have been less than
171/12 of the Annual Specified Amount, an amount equal to the
18difference shall be immediately paid into the Build Illinois
19Fund from other moneys received by the Department pursuant to
20the Tax Acts; and, further provided, that in no event shall the
21payments required under the preceding proviso result in
22aggregate payments into the Build Illinois Fund pursuant to
23this clause (b) for any fiscal year in excess of the greater of
24(i) the Tax Act Amount or (ii) the Annual Specified Amount for
25such fiscal year. The amounts payable into the Build Illinois
26Fund under clause (b) of the first sentence in this paragraph

HB5597- 533 -LRB098 15874 AMC 50917 b
1shall be payable only until such time as the aggregate amount
2on deposit under each trust indenture securing Bonds issued and
3outstanding pursuant to the Build Illinois Bond Act is
4sufficient, taking into account any future investment income,
5to fully provide, in accordance with such indenture, for the
6defeasance of or the payment of the principal of, premium, if
7any, and interest on the Bonds secured by such indenture and on
8any Bonds expected to be issued thereafter and all fees and
9costs payable with respect thereto, all as certified by the
10Director of the Bureau of the Budget (now Governor's Office of
11Management and Budget). If on the last business day of any
12month in which Bonds are outstanding pursuant to the Build
13Illinois Bond Act, the aggregate of moneys deposited in the
14Build Illinois Bond Account in the Build Illinois Fund in such
15month shall be less than the amount required to be transferred
16in such month from the Build Illinois Bond Account to the Build
17Illinois Bond Retirement and Interest Fund pursuant to Section
1813 of the Build Illinois Bond Act, an amount equal to such
19deficiency shall be immediately paid from other moneys received
20by the Department pursuant to the Tax Acts to the Build
21Illinois Fund; provided, however, that any amounts paid to the
22Build Illinois Fund in any fiscal year pursuant to this
23sentence shall be deemed to constitute payments pursuant to
24clause (b) of the first sentence of this paragraph and shall
25reduce the amount otherwise payable for such fiscal year
26pursuant to that clause (b). The moneys received by the

HB5597- 534 -LRB098 15874 AMC 50917 b
1Department pursuant to this Act and required to be deposited
2into the Build Illinois Fund are subject to the pledge, claim
3and charge set forth in Section 12 of the Build Illinois Bond
4Act.
5 Subject to payment of amounts into the Build Illinois Fund
6as provided in the preceding paragraph or in any amendment
7thereto hereafter enacted, the following specified monthly
8installment of the amount requested in the certificate of the
9Chairman of the Metropolitan Pier and Exposition Authority
10provided under Section 8.25f of the State Finance Act, but not
11in excess of sums designated as "Total Deposit", shall be
12deposited in the aggregate from collections under Section 9 of
13the Use Tax Act, Section 9 of the Service Use Tax Act, Section
149 of the Service Occupation Tax Act, and Section 3 of the
15Retailers' Occupation Tax Act into the McCormick Place
16Expansion Project Fund in the specified fiscal years.
17Fiscal YearTotal Deposit
181993 $0
191994 53,000,000
201995 58,000,000
211996 61,000,000
221997 64,000,000
231998 68,000,000
241999 71,000,000
252000 75,000,000

HB5597- 535 -LRB098 15874 AMC 50917 b
12001 80,000,000
22002 93,000,000
32003 99,000,000
42004103,000,000
52005108,000,000
62006113,000,000
72007119,000,000
82008126,000,000
92009132,000,000
102010139,000,000
112011146,000,000
122012153,000,000
132013161,000,000
142014170,000,000
152015179,000,000
162016189,000,000
172017199,000,000
182018210,000,000
192019221,000,000
202020233,000,000
212021246,000,000
222022260,000,000
232023275,000,000
242024 275,000,000
252025 275,000,000
262026 279,000,000

HB5597- 536 -LRB098 15874 AMC 50917 b
12027 292,000,000
22028 307,000,000
32029 322,000,000
42030 338,000,000
52031 350,000,000
62032 350,000,000
7and
8each fiscal year
9thereafter that bonds
10are outstanding under
11Section 13.2 of the
12Metropolitan Pier and
13Exposition Authority Act,
14but not after fiscal year 2060.
15 Beginning July 20, 1993 and in each month of each fiscal
16year thereafter, one-eighth of the amount requested in the
17certificate of the Chairman of the Metropolitan Pier and
18Exposition Authority for that fiscal year, less the amount
19deposited into the McCormick Place Expansion Project Fund by
20the State Treasurer in the respective month under subsection
21(g) of Section 13 of the Metropolitan Pier and Exposition
22Authority Act, plus cumulative deficiencies in the deposits
23required under this Section for previous months and years,
24shall be deposited into the McCormick Place Expansion Project
25Fund, until the full amount requested for the fiscal year, but
26not in excess of the amount specified above as "Total Deposit",

HB5597- 537 -LRB098 15874 AMC 50917 b
1has been deposited.
2 Subject to payment of amounts into the Build Illinois Fund
3and the McCormick Place Expansion Project Fund pursuant to the
4preceding paragraphs or in any amendments thereto hereafter
5enacted, beginning July 1, 1993 and ending on September 30,
62013, the Department shall each month pay into the Illinois Tax
7Increment Fund 0.27% of 80% of the net revenue realized for the
8preceding month from the 6.25% general rate on the selling
9price of tangible personal property.
10 Subject to payment of amounts into the Build Illinois Fund
11and the McCormick Place Expansion Project Fund pursuant to the
12preceding paragraphs or in any amendments thereto hereafter
13enacted, beginning with the receipt of the first report of
14taxes paid by an eligible business and continuing for a 25-year
15period, the Department shall each month pay into the Energy
16Infrastructure Fund 80% of the net revenue realized from the
176.25% general rate on the selling price of Illinois-mined coal
18that was sold to an eligible business. For purposes of this
19paragraph, the term "eligible business" means a new electric
20generating facility certified pursuant to Section 605-332 of
21the Department of Commerce and Economic Opportunity Law of the
22Civil Administrative Code of Illinois.
23 Of the remainder of the moneys received by the Department
24pursuant to this Act, 75% thereof shall be paid into the State
25Treasury and 25% shall be reserved in a special account and
26used only for the transfer to the Common School Fund as part of

HB5597- 538 -LRB098 15874 AMC 50917 b
1the monthly transfer from the General Revenue Fund in
2accordance with Section 8a of the State Finance Act.
3 The Department may, upon separate written notice to a
4taxpayer, require the taxpayer to prepare and file with the
5Department on a form prescribed by the Department within not
6less than 60 days after receipt of the notice an annual
7information return for the tax year specified in the notice.
8Such annual return to the Department shall include a statement
9of gross receipts as shown by the retailer's last Federal
10income tax return. If the total receipts of the business as
11reported in the Federal income tax return do not agree with the
12gross receipts reported to the Department of Revenue for the
13same period, the retailer shall attach to his annual return a
14schedule showing a reconciliation of the 2 amounts and the
15reasons for the difference. The retailer's annual return to the
16Department shall also disclose the cost of goods sold by the
17retailer during the year covered by such return, opening and
18closing inventories of such goods for such year, costs of goods
19used from stock or taken from stock and given away by the
20retailer during such year, payroll information of the
21retailer's business during such year and any additional
22reasonable information which the Department deems would be
23helpful in determining the accuracy of the monthly, quarterly
24or annual returns filed by such retailer as provided for in
25this Section.
26 If the annual information return required by this Section

HB5597- 539 -LRB098 15874 AMC 50917 b
1is not filed when and as required, the taxpayer shall be liable
2as follows:
3 (i) Until January 1, 1994, the taxpayer shall be liable
4 for a penalty equal to 1/6 of 1% of the tax due from such
5 taxpayer under this Act during the period to be covered by
6 the annual return for each month or fraction of a month
7 until such return is filed as required, the penalty to be
8 assessed and collected in the same manner as any other
9 penalty provided for in this Act.
10 (ii) On and after January 1, 1994, the taxpayer shall
11 be liable for a penalty as described in Section 3-4 of the
12 Uniform Penalty and Interest Act.
13 The chief executive officer, proprietor, owner or highest
14ranking manager shall sign the annual return to certify the
15accuracy of the information contained therein. Any person who
16willfully signs the annual return containing false or
17inaccurate information shall be guilty of perjury and punished
18accordingly. The annual return form prescribed by the
19Department shall include a warning that the person signing the
20return may be liable for perjury.
21 The provisions of this Section concerning the filing of an
22annual information return do not apply to a retailer who is not
23required to file an income tax return with the United States
24Government.
25 As soon as possible after the first day of each month, upon
26certification of the Department of Revenue, the Comptroller

HB5597- 540 -LRB098 15874 AMC 50917 b
1shall order transferred and the Treasurer shall transfer from
2the General Revenue Fund to the Motor Fuel Tax Fund an amount
3equal to 1.7% of 80% of the net revenue realized under this Act
4for the second preceding month. Beginning April 1, 2000, this
5transfer is no longer required and shall not be made.
6 Net revenue realized for a month shall be the revenue
7collected by the State pursuant to this Act, less the amount
8paid out during that month as refunds to taxpayers for
9overpayment of liability.
10 For greater simplicity of administration, manufacturers,
11importers and wholesalers whose products are sold at retail in
12Illinois by numerous retailers, and who wish to do so, may
13assume the responsibility for accounting and paying to the
14Department all tax accruing under this Act with respect to such
15sales, if the retailers who are affected do not make written
16objection to the Department to this arrangement.
17 Any person who promotes, organizes, provides retail
18selling space for concessionaires or other types of sellers at
19the Illinois State Fair, DuQuoin State Fair, county fairs,
20local fairs, art shows, flea markets and similar exhibitions or
21events, including any transient merchant as defined by Section
222 of the Transient Merchant Act of 1987, is required to file a
23report with the Department providing the name of the merchant's
24business, the name of the person or persons engaged in
25merchant's business, the permanent address and Illinois
26Retailers Occupation Tax Registration Number of the merchant,

HB5597- 541 -LRB098 15874 AMC 50917 b
1the dates and location of the event and other reasonable
2information that the Department may require. The report must be
3filed not later than the 20th day of the month next following
4the month during which the event with retail sales was held.
5Any person who fails to file a report required by this Section
6commits a business offense and is subject to a fine not to
7exceed $250.
8 Any person engaged in the business of selling tangible
9personal property at retail as a concessionaire or other type
10of seller at the Illinois State Fair, county fairs, art shows,
11flea markets and similar exhibitions or events, or any
12transient merchants, as defined by Section 2 of the Transient
13Merchant Act of 1987, may be required to make a daily report of
14the amount of such sales to the Department and to make a daily
15payment of the full amount of tax due. The Department shall
16impose this requirement when it finds that there is a
17significant risk of loss of revenue to the State at such an
18exhibition or event. Such a finding shall be based on evidence
19that a substantial number of concessionaires or other sellers
20who are not residents of Illinois will be engaging in the
21business of selling tangible personal property at retail at the
22exhibition or event, or other evidence of a significant risk of
23loss of revenue to the State. The Department shall notify
24concessionaires and other sellers affected by the imposition of
25this requirement. In the absence of notification by the
26Department, the concessionaires and other sellers shall file

HB5597- 542 -LRB098 15874 AMC 50917 b
1their returns as otherwise required in this Section.
2(Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24,
3eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14;
4revised 9-9-13.)
5 Section 195. The Property Tax Code is amended by changing
6Sections 9-275 and 15-170 as follows:
7 (35 ILCS 200/9-275)
8 Sec. 9-275. Erroneous homestead exemptions.
9 (a) For purposes of this Section:
10 "Erroneous homestead exemption" means a homestead
11exemption that was granted for real property in a taxable year
12if the property was not eligible for that exemption in that
13taxable year. If the taxpayer receives an erroneous homestead
14exemption under a single Section of this Code for the same
15property in multiple years, that exemption is considered a
16single erroneous homestead exemption for purposes of this
17Section. However, if the taxpayer receives erroneous homestead
18exemptions under multiple Sections of this Code for the same
19property, or if the taxpayer receives erroneous homestead
20exemptions under the same Section of this Code for multiple
21properties, then each of those exemptions is considered a
22separate erroneous homestead exemption for purposes of this
23Section.
24 "Homestead exemption" means an exemption under Section

HB5597- 543 -LRB098 15874 AMC 50917 b
115-165 (disabled veterans), 15-167 (returning veterans),
215-168 (disabled persons), 15-169 (disabled veterans standard
3homestead), 15-170 (senior citizens), 15-172 (senior citizens
4assessment freeze), 15-175 (general homestead), 15-176
5(alternative general homestead), or 15-177 (long-time
6occupant).
7 (b) Notwithstanding any other provision of law, in counties
8with 3,000,000 or more inhabitants, the chief county assessment
9officer shall include the following information with each
10assessment notice sent in a general assessment year: (1) a list
11of each homestead exemption available under Article 15 of this
12Code and a description of the eligibility criteria for that
13exemption; (2) a list of each homestead exemption applied to
14the property in the current assessment year; (3) information
15regarding penalties and interest that may be incurred under
16this Section if the property owner received an erroneous
17homestead exemption in a previous taxable year; and (4) notice
18of the 60-day grace period available under this subsection. If,
19within 60 days after receiving his or her assessment notice,
20the property owner notifies the chief county assessment officer
21that he or she received an erroneous homestead exemption in a
22previous assessment year, and if the property owner pays the
23principal amount of back taxes due and owing with respect to
24that exemption, plus interest as provided in subsection (f),
25then the property owner shall not be liable for the penalties
26provided in subsection (f) with respect to that exemption.

HB5597- 544 -LRB098 15874 AMC 50917 b
1 (c) The chief county assessment officer in a county with
23,000,000 or more inhabitants may cause a lien to be recorded
3against property that (1) is located in the county and (2)
4received one or more erroneous homestead exemptions if, upon
5determination of the chief county assessment officer, the
6property owner received: (A) one or 2 erroneous homestead
7exemptions for real property, including at least one erroneous
8homestead exemption granted for the property against which the
9lien is sought, during any of the 3 assessment years
10immediately prior to the assessment year in which the notice of
11intent to record at tax lien is served; or (B) (2) 3 or more
12erroneous homestead exemptions for real property, including at
13least one erroneous homestead exemption granted for the
14property against which the lien is sought, during any of the 6
15assessment years immediately prior to the assessment year in
16which the notice of intent to record at tax lien is served.
17Prior to recording the lien against the property, the chief
18county assessment officer shall cause to be served, by both
19regular mail and certified mail, return receipt requested, on
20the person to whom the most recent tax bill was mailed and the
21owner of record, a notice of intent to record a tax lien
22against the property.
23 (d) The notice of intent to record a tax lien described in
24subsection (c) shall: (1) identify, by property index number,
25the property against which the lien is being sought; (2)
26identify each specific homestead exemption that was

HB5597- 545 -LRB098 15874 AMC 50917 b
1erroneously granted and the year or years in which each
2exemption was granted; (3) set forth the arrearage of taxes
3that would have been due if not for the erroneous homestead
4exemptions; (4) inform the property owner that he or she may
5request a hearing within 30 days after service and may appeal
6the hearing officer's ruling to the circuit court; and (5)
7inform the property owner that he or she may pay the amount
8due, plus interest and penalties, within 30 days after service.
9 (e) The notice must also include a form that the property
10owner may return to the chief county assessment officer to
11request a hearing. The property owner may request a hearing by
12returning the form within 30 days after service. The hearing
13shall be held within 90 days after the property owner is
14served. The chief county assessment officer shall promulgate
15rules of service and procedure for the hearing. The chief
16county assessment officer must generally follow rules of
17evidence and practices that prevail in the county circuit
18courts, but, because of the nature of these proceedings, the
19chief county assessment officer is not bound by those rules in
20all particulars. The chief county assessment officer shall
21appoint a hearing officer to oversee the hearing. The property
22owner shall be allowed to present evidence to the hearing
23officer at the hearing. After taking into consideration all the
24relevant testimony and evidence, the hearing officer shall make
25an administrative decision on whether the property owner was
26erroneously granted a homestead exemption for the assessment

HB5597- 546 -LRB098 15874 AMC 50917 b
1year in question. The property owner may appeal the hearing
2officer's ruling to the circuit court of the county where the
3property is located as a final administrative decision under
4the Administrative Review Law.
5 (f) A lien against the property imposed under this Section
6shall be filed with the county recorder of deeds, but may not
7be filed sooner than 60 days after the notice was delivered to
8the property owner if the property owner does not request a
9hearing, or until the conclusion of the hearing and all appeals
10if the property owner does request a hearing. If a lien is
11filed pursuant to this Section and the property owner received
12one or 2 erroneous homestead exemptions during any of the 3
13assessment years immediately prior to the assessment year in
14which the notice of intent to record at tax lien is served,
15then the arrearages of taxes that might have been assessed for
16that property, plus 10% interest per annum, shall be charged
17against the property by the county treasurer. However, if a
18lien is filed pursuant to this Section and the property owner
19received 3 or more erroneous homestead exemptions during any of
20the 6 assessment years immediately prior to the assessment year
21in which the notice of intent to record at tax lien is served,
22the arrearages of taxes that might have been assessed for that
23property, plus a penalty of 50% of the total amount of unpaid
24taxes for each year for that property and 10% interest per
25annum, shall be charged against the property by the county
26treasurer.

HB5597- 547 -LRB098 15874 AMC 50917 b
1 (g) If a person received an erroneous homestead exemption
2under Section 15-170 and: (1) the person was the spouse, child,
3grandchild, brother, sister, niece, or nephew of the previous
4owner; and (2) the person received the property by bequest or
5inheritance; then the person is not liable for the penalties
6imposed under this subsection for any year or years during
7which the county did not require an annual application for the
8exemption. However, that person is responsible for any interest
9owed under subsection (f).
10 (h) If the erroneous homestead exemption was granted as a
11result of a clerical error or omission on the part of the chief
12county assessment officer, and if the owner has paid its tax
13bills as received for the year in which the error occurred,
14then the interest and penalties authorized by this Section with
15respect to that homestead exemption shall not be chargeable to
16the owner. However, nothing in this Section shall prevent the
17collection of the principal amount of back taxes due and owing.
18 (i) A lien under this Section is not valid as to (1) any
19bona fide purchaser for value without notice of the erroneous
20homestead exemption whose rights in and to the underlying
21parcel arose after the erroneous homestead exemption was
22granted but before the filing of the notice of lien; or (2) any
23mortgagee, judgment creditor, or other lienor whose rights in
24and to the underlying parcel arose before the filing of the
25notice of lien. A title insurance policy for the property that
26is issued by a title company licensed to do business in the

HB5597- 548 -LRB098 15874 AMC 50917 b
1State showing that the property is free and clear of any liens
2imposed under this Section shall be prima facie evidence that
3the property owner is without notice of the erroneous homestead
4exemption. Nothing in this Section shall be deemed to impair
5the rights of subsequent creditors and subsequent purchasers
6under Section 30 of the Conveyances Act.
7 (j) When a lien is filed against the property pursuant to
8this Section, the chief county assessment officer shall mail a
9copy of the lien to the person to whom the most recent tax bill
10was mailed and to the owner of record, and the outstanding
11liability created by such a lien is due and payable within 30
12days after the mailing of the lien by the chief county
13assessment officer. Payment shall be made to the chief county
14assessment officer who shall, upon receipt of the full amount
15due, provide in reasonable form a release of the lien and shall
16transmit the funds received to the county treasurer for
17distribution as provided in subsection (i) of this Section.
18This liability is deemed delinquent and shall bear interest
19beginning on the day after the due date.
20 (k) The unpaid taxes shall be paid to the appropriate
21taxing districts. Interest shall be paid to the county where
22the property is located. The penalty shall be paid to the chief
23county assessment officer's office for the administration of
24the provisions of this amendatory Act of the 98th General
25Assembly.
26 (l) The chief county assessment officer in a county with

HB5597- 549 -LRB098 15874 AMC 50917 b
13,000,000 or more inhabitants shall establish an amnesty period
2for all taxpayers owing any tax due to an erroneous homestead
3exemption granted in a tax year prior to the 2013 tax year. The
4amnesty period shall begin on the effective date of this
5amendatory Act of the 98th General Assembly and shall run
6through December 31, 2013. If, during the amnesty period, the
7taxpayer pays the entire arrearage of taxes due for tax years
8prior to 2013, the county clerk shall abate and not seek to
9collect any interest or penalties that may be applicable and
10shall not seek civil or criminal prosecution for any taxpayer
11for tax years prior to 2013. Failure to pay all such taxes due
12during the amnesty period established under this Section shall
13invalidate the amnesty period for that taxpayer.
14 The chief county assessment officer in a county with
153,000,000 or more inhabitants shall (i) mail notice of the
16amnesty period with the tax bills for the second installment of
17taxes for the 2012 assessment year and (ii) as soon as possible
18after the effective date of this amendatory Act of the 98th
19General Assembly, publish notice of the amnesty period in a
20newspaper of general circulation in the county. Notices shall
21include information on the amnesty period, its purpose, and the
22method in which to make payment.
23 Taxpayers who are a party to any criminal investigation or
24to any civil or criminal litigation that is pending in any
25circuit court or appellate court, or in the Supreme Court of
26this State, for nonpayment, delinquency, or fraud in relation

HB5597- 550 -LRB098 15874 AMC 50917 b
1to any property tax imposed by any taxing district located in
2the State on the effective date of this amendatory Act of the
398th General Assembly may not take advantage of the amnesty
4period.
5 A taxpayer who has claimed 3 or more homestead exemptions
6in error shall not be eligible for the amnesty period
7established under this subsection.
8(Source: P.A. 98-93, eff. 7-16-13; revised 9-11-13.)
9 (35 ILCS 200/15-170)
10 Sec. 15-170. Senior Citizens Homestead Exemption. An
11annual homestead exemption limited, except as described here
12with relation to cooperatives or life care facilities, to a
13maximum reduction set forth below from the property's value, as
14equalized or assessed by the Department, is granted for
15property that is occupied as a residence by a person 65 years
16of age or older who is liable for paying real estate taxes on
17the property and is an owner of record of the property or has a
18legal or equitable interest therein as evidenced by a written
19instrument, except for a leasehold interest, other than a
20leasehold interest of land on which a single family residence
21is located, which is occupied as a residence by a person 65
22years or older who has an ownership interest therein, legal,
23equitable or as a lessee, and on which he or she is liable for
24the payment of property taxes. Before taxable year 2004, the
25maximum reduction shall be $2,500 in counties with 3,000,000 or

HB5597- 551 -LRB098 15874 AMC 50917 b
1more inhabitants and $2,000 in all other counties. For taxable
2years 2004 through 2005, the maximum reduction shall be $3,000
3in all counties. For taxable years 2006 and 2007, the maximum
4reduction shall be $3,500. For taxable years 2008 through 2011,
5the maximum reduction is $4,000 in all counties. For taxable
6year 2012, the maximum reduction is $5,000 in counties with
73,000,000 or more inhabitants and $4,000 in all other counties.
8For taxable years 2013 and thereafter, the maximum reduction is
9$5,000 in all counties.
10 For land improved with an apartment building owned and
11operated as a cooperative, the maximum reduction from the value
12of the property, as equalized by the Department, shall be
13multiplied by the number of apartments or units occupied by a
14person 65 years of age or older who is liable, by contract with
15the owner or owners of record, for paying property taxes on the
16property and is an owner of record of a legal or equitable
17interest in the cooperative apartment building, other than a
18leasehold interest. For land improved with a life care
19facility, the maximum reduction from the value of the property,
20as equalized by the Department, shall be multiplied by the
21number of apartments or units occupied by persons 65 years of
22age or older, irrespective of any legal, equitable, or
23leasehold interest in the facility, who are liable, under a
24contract with the owner or owners of record of the facility,
25for paying property taxes on the property. In a cooperative or
26a life care facility where a homestead exemption has been

HB5597- 552 -LRB098 15874 AMC 50917 b
1granted, the cooperative association or the management firm of
2the cooperative or facility shall credit the savings resulting
3from that exemption only to the apportioned tax liability of
4the owner or resident who qualified for the exemption. Any
5person who willfully refuses to so credit the savings shall be
6guilty of a Class B misdemeanor. Under this Section and
7Sections 15-175, 15-176, and 15-177, "life care facility" means
8a facility, as defined in Section 2 of the Life Care Facilities
9Act, with which the applicant for the homestead exemption has a
10life care contract as defined in that Act.
11 When a homestead exemption has been granted under this
12Section and the person qualifying subsequently becomes a
13resident of a facility licensed under the Assisted Living and
14Shared Housing Act, the Nursing Home Care Act, the Specialized
15Mental Health Rehabilitation Act of 2013, or the ID/DD
16Community Care Act, the exemption shall continue so long as the
17residence continues to be occupied by the qualifying person's
18spouse if the spouse is 65 years of age or older, or if the
19residence remains unoccupied but is still owned by the person
20qualified for the homestead exemption.
21 A person who will be 65 years of age during the current
22assessment year shall be eligible to apply for the homestead
23exemption during that assessment year. Application shall be
24made during the application period in effect for the county of
25his residence.
26 Beginning with assessment year 2003, for taxes payable in

HB5597- 553 -LRB098 15874 AMC 50917 b
12004, property that is first occupied as a residence after
2January 1 of any assessment year by a person who is eligible
3for the senior citizens homestead exemption under this Section
4must be granted a pro-rata exemption for the assessment year.
5The amount of the pro-rata exemption is the exemption allowed
6in the county under this Section divided by 365 and multiplied
7by the number of days during the assessment year the property
8is occupied as a residence by a person eligible for the
9exemption under this Section. The chief county assessment
10officer must adopt reasonable procedures to establish
11eligibility for this pro-rata exemption.
12 The assessor or chief county assessment officer may
13determine the eligibility of a life care facility to receive
14the benefits provided by this Section, by affidavit,
15application, visual inspection, questionnaire or other
16reasonable methods in order to insure that the tax savings
17resulting from the exemption are credited by the management
18firm to the apportioned tax liability of each qualifying
19resident. The assessor may request reasonable proof that the
20management firm has so credited the exemption.
21 The chief county assessment officer of each county with
22less than 3,000,000 inhabitants shall provide to each person
23allowed a homestead exemption under this Section a form to
24designate any other person to receive a duplicate of any notice
25of delinquency in the payment of taxes assessed and levied
26under this Code on the property of the person receiving the

HB5597- 554 -LRB098 15874 AMC 50917 b
1exemption. The duplicate notice shall be in addition to the
2notice required to be provided to the person receiving the
3exemption, and shall be given in the manner required by this
4Code. The person filing the request for the duplicate notice
5shall pay a fee of $5 to cover administrative costs to the
6supervisor of assessments, who shall then file the executed
7designation with the county collector. Notwithstanding any
8other provision of this Code to the contrary, the filing of
9such an executed designation requires the county collector to
10provide duplicate notices as indicated by the designation. A
11designation may be rescinded by the person who executed such
12designation at any time, in the manner and form required by the
13chief county assessment officer.
14 The assessor or chief county assessment officer may
15determine the eligibility of residential property to receive
16the homestead exemption provided by this Section by
17application, visual inspection, questionnaire or other
18reasonable methods. The determination shall be made in
19accordance with guidelines established by the Department.
20 In counties with 3,000,000 or more inhabitants, beginning
21in taxable year 2010, each taxpayer who has been granted an
22exemption under this Section must reapply on an annual basis.
23The chief county assessment officer shall mail the application
24to the taxpayer. In counties with less than 3,000,000
25inhabitants, the county board may by resolution provide that if
26a person has been granted a homestead exemption under this

HB5597- 555 -LRB098 15874 AMC 50917 b
1Section, the person qualifying need not reapply for the
2exemption.
3 In counties with less than 3,000,000 inhabitants, if the
4assessor or chief county assessment officer requires annual
5application for verification of eligibility for an exemption
6once granted under this Section, the application shall be
7mailed to the taxpayer.
8 The assessor or chief county assessment officer shall
9notify each person who qualifies for an exemption under this
10Section that the person may also qualify for deferral of real
11estate taxes under the Senior Citizens Real Estate Tax Deferral
12Act. The notice shall set forth the qualifications needed for
13deferral of real estate taxes, the address and telephone number
14of county collector, and a statement that applications for
15deferral of real estate taxes may be obtained from the county
16collector.
17 Notwithstanding Sections 6 and 8 of the State Mandates Act,
18no reimbursement by the State is required for the
19implementation of any mandate created by this Section.
20(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
21eff. 7-13-12; 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; revised
228-12-13.)
23 Section 200. The Illinois Hydraulic Fracturing Tax Act is
24amended by changing Sections 2-15, 2-45, and 2-50 as follows:

HB5597- 556 -LRB098 15874 AMC 50917 b
1 (35 ILCS 450/2-15)
2 Sec. 2-15. Tax imposed.
3 (a) For oil and gas removed on or after July 1, 2013, there
4is hereby imposed a tax upon the severance and production of
5oil or gas from a well on a production unit in this State
6permitted, or required to be permitted, under the Illinois
7Hydraulic Fracturing Regulatory Act, for sale, transport,
8storage, profit, or commercial use. The tax shall be applied
9equally to all portions of the value of each barrel of oil
10severed and subject to such tax and to the value of the gas
11severed and subject to such tax. For a period of 24 months from
12the month in which oil or gas was first produced from the well,
13the rate of tax shall be 3% of the value of the oil or gas
14severed from the earth or water in this State. Thereafter, the
15rate of the tax shall be as follows:
16 (1) For oil:
17 (A) where the average daily production from the
18 well during the month is less than 25 barrels, 3% of
19 the value of the oil severed from the earth or water;
20 (B) where the average daily production from the
21 well during the month is 25 or more barrels but less
22 than 50 barrels, 4% of the value of the oil severed
23 from the earth or water;
24 (C) where the average daily production from the
25 well during the month is 50 or more barrels but less
26 than 100 barrels, 5% of the value of the oil severed

HB5597- 557 -LRB098 15874 AMC 50917 b
1 from the earth or water; or
2 (D) where the average daily production from the
3 well during the month is 100 or more barrels, 6% of the
4 value of the oil severed from the earth or water.
5 (2) For gas, 6% of the value of the gas severed from
6 the earth or water.
7 If a well is required to be permitted under the Illinois
8Hydraulic Fracturing Regulatory Act, the tax imposed by this
9Section applies, whether or not a permit was obtained.
10 (b) Oil produced from a well whose average daily production
11is 15 barrels or less for the 12-month period immediately
12preceding the production is exempt from the tax imposed by this
13Act.
14 (c) For the purposes of the tax imposed by this Act the
15amount of oil produced shall be measured or determined, in the
16case of oil, by tank tables, without deduction for overage or
17losses in handling. Allowance for any reasonable and bona fide
18deduction for basic sediment and water, and for correction of
19temperature to 60 degrees Fahrenheit will be allowed. For the
20purposes of the tax imposed by this Act the amount of gas
21produced shall be measured or determined, by meter readings
22showing 100% of the full volume expressed in cubic feet at a
23standard base and flowing temperature of 60 degrees Fahrenheit,
24and at the absolute pressure at which the gas is sold and
25purchased. Correction shall be made for pressure according to
26Boyle's law, and used for specific gravity according to the

HB5597- 558 -LRB098 15874 AMC 50917 b
1gravity at which the gas is sold and purchased.
2 (d) The following severance and production of gas shall be
3exempt from the tax imposed by this Act: gas injected into the
4earth for the purpose of lifting oil, recycling, or
5repressuring; gas used for fuel in connection with the
6operation and development for, or production of, oil or gas in
7the production unit where severed; and gas lawfully vented or
8flared; gas inadvertently lost on the production unit by reason
9of leaks, blowouts, or other accidental losses.
10 (e) All oil and gas removed from the premises where severed
11is subject to the tax imposed by this Act unless exempt under
12the terms of this Act.
13 (f) The liability for the tax accrues at the time the oil
14or gas is removed from the production unit.
15(Source: P.A. 98-22, eff. 6-17-13; revised 10-7-13.)
16 (35 ILCS 450/2-45)
17 Sec. 2-45. Purchaser's return and tax remittance. Each
18purchaser shall make a return to the Department showing the
19quantity of oil or gas purchased during the month for which the
20return is filed, the price paid therefor therefore, total
21value, the name and address of the operator or other person
22from whom the same was purchased, a description of the
23production unit in the manner prescribed by the Department from
24which such oil or gas was severed and the amount of tax due
25from each production unit for each calendar month. All taxes

HB5597- 559 -LRB098 15874 AMC 50917 b
1due, or to be remitted, by the purchaser shall accompany this
2return. The return shall be filed on or before the last day of
3the month after the calendar month for which the return is
4required. The Department shall forward the necessary
5information to each Chief County Assessment Officer for the
6administration and application of ad valorem real property
7taxes at the county level. This information shall be forwarded
8to the Chief County Assessment Officers in a yearly summary
9before March 1 of the following calendar year. The Department
10may require any additional report or information it may deem
11necessary for the proper administration of this Act.
12 Such returns shall be filed electronically in the manner
13prescribed by the Department. Purchasers shall make all
14payments of that tax to the Department by electronic funds
15transfer unless, as provided by rule, the Department grants an
16exception upon petition of a purchaser. Purchasers' returns
17must be accompanied by appropriate computer generated magnetic
18media supporting schedule data in the format required by the
19Department, unless, as provided by rule, the Department grants
20an exception upon petition of a purchaser.
21(Source: P.A. 98-22, eff. 6-17-13; 98-23, eff. 6-17-13; revised
2210-7-13.)
23 (35 ILCS 450/2-50)
24 Sec. 2-50. Operator returns; payment of tax.
25 (a) If, on or after July 1, 2013, oil or gas is transported

HB5597- 560 -LRB098 15874 AMC 50917 b
1off the production unit where severed by the operator, used on
2the production unit where severed, or if the manufacture and
3conversion of oil and gas into refined products occurs on the
4production unit where severed, the operator is responsible for
5remitting the tax imposed under subsection subsections (a) of
6Section 2-15 15, on or before the last day of the month
7following the end of the calendar month in which the oil and
8gas is removed from the production unit, and such payment shall
9be accompanied by a return to the Department showing the gross
10quantity of oil or gas removed during the month for which the
11return is filed, the price paid therefor therefore, and if no
12price is paid therefor therefore, the value of the oil and gas,
13a description of the production unit from which such oil or gas
14was severed, and the amount of tax. The Department may require
15any additional information it may deem necessary for the proper
16administration of this Act.
17 (b) Operators shall file all returns electronically in the
18manner prescribed by the Department unless, as provided by
19rule, the Department grants an exception upon petition of an
20operator. Operators shall make all payments of that tax to the
21Department by electronic funds transfer unless, as provided by
22rule, the Department grants an exception upon petition of an
23operator. Operators' returns must be accompanied by
24appropriate computer generated magnetic media supporting
25schedule data in the format required by the Department, unless,
26as provided by rule, the Department grants an exception upon

HB5597- 561 -LRB098 15874 AMC 50917 b
1petition of a purchaser.
2 (c) Any operator who makes a monetary payment to a producer
3for his or her portion of the value of products from a
4production unit shall withhold from such payment the amount of
5tax due from the producer. Any operator who pays any tax due
6from a producer shall be entitled to reimbursement from the
7producer for the tax so paid and may take credit for such
8amount from any monetary payment to the producer for the value
9of products. To the extent that an operator required to collect
10the tax imposed by this Act has actually collected that tax,
11such tax is held in trust for the benefit of the State of
12Illinois.
13 (d) In the event the operator fails to make payment of the
14tax to the State as required herein, the operator shall be
15liable for the tax. A producer shall be entitled to bring an
16action against such operator to recover the amount of tax so
17withheld together with penalties and interest which may have
18accrued by failure to make such payment. A producer shall be
19entitled to all attorney fees and court costs incurred in such
20action. To the extent that a producer liable for the tax
21imposed by this Act collects the tax, and any penalties and
22interest, from an operator, such tax, penalties, and interest
23are held in trust by the producer for the benefit of the State
24of Illinois.
25 (e) When the title to any oil or gas severed from the earth
26or water is in dispute and the operator of such oil or gas is

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1withholding payments on account of litigation, or for any other
2reason, such operator is hereby authorized, empowered and
3required to deduct from the gross amount thus held the amount
4of the tax imposed and to make remittance thereof to the
5Department as provided in this Section.
6 (f) An operator required to file a return and pay the tax
7under this Section shall register with the Department.
8Application for a certificate of registration shall be made to
9the Department upon forms furnished by the Department and shall
10contain any reasonable information the Department may require.
11Upon receipt of the application for a certificate of
12registration in proper form, the Department shall issue to the
13applicant a certificate of registration.
14 (g) If oil or gas is transported off the production unit
15where severed by the operator and sold to a purchaser or
16refiner, the State shall have a lien on all the oil or gas
17severed from the production unit in this State in the hands of
18the operator, the first or any subsequent purchaser thereof, or
19refiner to secure the payment of the tax. If a lien is filed by
20the Department, the purchaser or refiner shall withhold from
21the operator the amount of tax, penalty and interest identified
22in the lien.
23(Source: P.A. 98-22, eff. 6-17-13; revised 10-7-13.)
24 Section 205. The Motor Fuel Tax Law is amended by changing
25Sections 1 and 1.13A as follows:

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1 (35 ILCS 505/1) (from Ch. 120, par. 417)
2 Sec. 1. For the purposes of this Act the terms set out in
3the Sections following this Section and preceding Section 2
4Sections 1.1 through 1.21 have the meanings ascribed to them in
5those Sections.
6(Source: P.A. 86-16; 86-1028; revised 10-7-13.)
7 (35 ILCS 505/1.13A) (from Ch. 120, par. 417.13A)
8 Sec. 1.13A. "1-K Kerosene" means a special low-sulfur grade
9kerosene suitable for use in non-flue connected kerosene burner
10appliances, and in wick-fed illuminate lamps which has a
11maximum limit of .04% sulfur mass, and a freezing point of -22
12degrees Fahrenheit, and has a minimum saybolt color of +16. For
13purposes of this Law, 1-K Kerosene includes 1-K Kerosene that
14has been dyed in accordance with Section 4d of this Law.
15(Source: P.A. 91-173, eff. 1-1-00; revised 11-12-13.)
16 Section 210. The Water Company Invested Capital Tax Act is
17amended by changing Section 14 as follows:
18 (35 ILCS 625/14) (from Ch. 120, par. 1424)
19 Sec. 14. The Illinois Administrative Procedure Act, as now
20or hereafter amended, is hereby expressly adopted and shall
21apply to all administrative rules and procedures of the
22Department of Revenue under this Act, except that (1) paragraph

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1(b) of Section 5-10 of the that Act does not apply to final
2orders, decisions and opinions of the Department; (2)
3subparagraph 2 of paragraph (a) of Section 5-10 of that Act
4does not apply to forms established by the Department for use
5under this Act; and (3) the provisions of Section 10-45 of that
6Act regarding proposals for decision are excluded and not
7applicable to the Department under this Act to the extent
8Section 10-45 applies to hearings not otherwise subject to the
9Illinois Independent Tax Tribunal Act of 2012.
10(Source: P.A. 97-1129, eff. 8-28-12; revised 10-17-13.)
11 Section 215. The Electricity Infrastructure Maintenance
12Fee Law is amended by changing Section 5-6 as follows:
13 (35 ILCS 645/5-6)
14 Sec. 5-6. Validity of existing franchise fees and
15agreement; police powers.
16 (a) On and after the effective date of this Law, no
17electricity deliverer paying an infrastructure maintenance fee
18imposed under this Law may be denied the right to use, directly
19or indirectly, public rights of way because of the failure to
20pay any other fee or charge for the right to use those rights
21of way except to the extent that the electricity deliverer
22during the Initial Period fails under any existing franchise
23agreement to pay franchise fees which are based on the gross
24receipts or gross revenues attributable to non-residential

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1customers or to provide free electrical service or other
2compensation attributable to non-residential customers. A
3municipality that imposes an infrastructure maintenance fee
4pursuant to Section 5-5 shall impose no other fees or charges
5upon electricity deliverers for such use except as provided by
6subsections (b) or (c) of this Section.
7 (b) Agreements between electricity deliverers and
8municipalities regarding use of the public way shall remain
9valid according to and for their stated terms. However, a
10municipality that, pursuant to a franchise agreement in
11existence on the effective date of this Law, receives any
12franchise fees, permit fees, free electrical service or other
13compensation for use of the public rights of way, may impose an
14infrastructure maintenance fee pursuant to this Law only if the
15municipality: (1) waives its right to receive all compensation
16from the electricity deliverer for use of the public rights of
17way during the time the infrastructure maintenance fee is
18imposed, except as provided in subsection (c), and except that
19during the Initial Period any municipality may continue to
20receive franchise fees, free electrical service or other
21compensation from the electricity deliverer which are equal in
22value to the Initial Period Compensation; and (2) provides
23written notice of this waiver to the appropriate electricity
24deliverer at the time that the municipality provides notice of
25the imposition of the infrastructure maintenance fee under
26subsection (d) of Section 5-5. For purposes of this Section,

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1"Initial Period Compensation" shall mean the total amount of
2compensation due under the existing franchise agreement during
3the Initial Period less the amount of the infrastructure
4maintenance fee imposed under this Section during the Initial
5Period.
6 (c) Nothing in this Law prohibits a municipality from the
7reasonable exercise of its police powers over the public rights
8of way. In addition, a municipality may require an electricity
9deliverer to reimburse any special or extraordinary expenses or
10costs reasonably incurred by the municipality as a direct
11result of damages to its property or public rights of way, such
12as the costs of restoration of streets damaged by an a
13electricity deliverer that does not make timely repair of the
14damage, or for the loss of revenue due to the inability to use
15public facilities as a direct result of the actions of the
16electricity deliverer, such as parking meters that are required
17to be removed because of work of an electricity deliverer.
18(Source: P.A. 90-561, eff. 8-1-98; revised 10-17-13.)
19 Section 220. The Illinois Pension Code is amended by
20changing Sections 4-114, 8-138, 9-102, 11-134, and 13-809 as
21follows:
22 (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
23 Sec. 4-114. Pension to survivors. If a firefighter who is
24not receiving a disability pension under Section 4-110 or

HB5597- 567 -LRB098 15874 AMC 50917 b
14-110.1 dies (1) as a result of any illness or accident, or (2)
2from any cause while in receipt of a disability pension under
3this Article, or (3) during retirement after 20 years service,
4or (4) while vested for or in receipt of a pension payable
5under subsection (b) of Section 4-109, or (5) while a deferred
6pensioner, having made all required contributions, a pension
7shall be paid to his or her survivors, based on the monthly
8salary attached to the firefighter's rank on the last day of
9service in the fire department, as follows:
10 (a)(1) To the surviving spouse, a monthly pension of
11 40% of the monthly salary, and if there is a surviving
12 spouse, to the guardian of any minor child or children
13 including a child which has been conceived but not yet
14 born, 12% of such monthly salary for each such child until
15 attainment of age 18 or until the child's marriage,
16 whichever occurs first. Beginning July 1, 1993, the monthly
17 pension to the surviving spouse shall be 54% of the monthly
18 salary for all persons receiving a surviving spouse pension
19 under this Article, regardless of whether the deceased
20 firefighter was in service on or after the effective date
21 of this amendatory Act of 1993.
22 (2) Beginning July 1, 2004, unless the amount provided
23 under paragraph (1) of this subsection (a) is greater, the
24 total monthly pension payable under this paragraph (a),
25 including any amount payable on account of children, to the
26 surviving spouse of a firefighter who died (i) while

HB5597- 568 -LRB098 15874 AMC 50917 b
1 receiving a retirement pension, (ii) while he or she was a
2 deferred pensioner with at least 20 years of creditable
3 service, or (iii) while he or she was in active service
4 having at least 20 years of creditable service, regardless
5 of age, shall be no less than 100% of the monthly
6 retirement pension earned by the deceased firefighter at
7 the time of death, regardless of whether death occurs
8 before or after attainment of age 50, including any
9 increases under Section 4-109.1. This minimum applies to
10 all such surviving spouses who are eligible to receive a
11 surviving spouse pension, regardless of whether the
12 deceased firefighter was in service on or after the
13 effective date of this amendatory Act of the 93rd General
14 Assembly, and notwithstanding any limitation on maximum
15 pension under paragraph (d) or any other provision of this
16 Article.
17 (3) If the pension paid on and after July 1, 2004 to
18 the surviving spouse of a firefighter who died on or after
19 July 1, 2004 and before the effective date of this
20 amendatory Act of the 93rd General Assembly was less than
21 the minimum pension payable under paragraph (1) or (2) of
22 this subsection (a), the fund shall pay a lump sum equal to
23 the difference within 90 days after the effective date of
24 this amendatory Act of the 93rd General Assembly.
25 The pension to the surviving spouse shall terminate in
26 the event of the surviving spouse's remarriage prior to

HB5597- 569 -LRB098 15874 AMC 50917 b
1 July 1, 1993; remarriage on or after that date does not
2 affect the surviving spouse's pension, regardless of
3 whether the deceased firefighter was in service on or after
4 the effective date of this amendatory Act of 1993.
5 The surviving spouse's pension shall be subject to the
6 minimum established in Section 4-109.2.
7 (b) Upon the death of the surviving spouse leaving one
8 or more minor children, or upon the death of a firefighter
9 leaving one or more minor children but no surviving spouse,
10 to the duly appointed guardian of each such child, for
11 support and maintenance of each such child until the child
12 reaches age 18 or marries, whichever occurs first, a
13 monthly pension of 20% of the monthly salary.
14 In a case where the deceased firefighter left one or
15 more minor children but no surviving spouse and the
16 guardian of a child is receiving a pension of 12% of the
17 monthly salary on August 16, 2013 (the effective date of
18 Public Act 98-391) this amendatory Act, the pension is
19 increased by Public Act 98-391 this amendatory Act to 20%
20 of the monthly salary for each such child, beginning on the
21 pension payment date occurring on or next following August
22 16, 2013 the effective date of this amendatory Act. The
23 changes to this Section made by Public Act 98-391 this
24 amendatory Act of the 98th General Assembly apply without
25 regard to whether the deceased firefighter was in service
26 on or after August 16, 2013 the effective date of this

HB5597- 570 -LRB098 15874 AMC 50917 b
1 amendatory Act.
2 (c) If a deceased firefighter leaves no surviving
3 spouse or unmarried minor children under age 18, but leaves
4 a dependent father or mother, to each dependent parent a
5 monthly pension of 18% of the monthly salary. To qualify
6 for the pension, a dependent parent must furnish
7 satisfactory proof that the deceased firefighter was at the
8 time of his or her death the sole supporter of the parent
9 or that the parent was the deceased's dependent for federal
10 income tax purposes.
11 (d) The total pension provided under paragraphs (a),
12 (b) and (c) of this Section shall not exceed 75% of the
13 monthly salary of the deceased firefighter (1) when paid to
14 the survivor of a firefighter who has attained 20 or more
15 years of service credit and who receives or is eligible to
16 receive a retirement pension under this Article, or (2)
17 when paid to the survivor of a firefighter who dies as a
18 result of illness or accident, or (3) when paid to the
19 survivor of a firefighter who dies from any cause while in
20 receipt of a disability pension under this Article, or (4)
21 when paid to the survivor of a deferred pensioner. For all
22 other survivors of deceased firefighters, the total
23 pension provided under paragraphs (a), (b) and (c) of this
24 Section shall not exceed 50% of the retirement annuity the
25 firefighter would have received on the date of death.
26 The maximum pension limitations in this paragraph (d)

HB5597- 571 -LRB098 15874 AMC 50917 b
1 do not control over any contrary provision of this Article
2 explicitly establishing a minimum amount of pension or
3 granting a one-time or annual increase in pension.
4 (e) If a firefighter leaves no eligible survivors under
5 paragraphs (a), (b) and (c), the board shall refund to the
6 firefighter's estate the amount of his or her accumulated
7 contributions, less the amount of pension payments, if any,
8 made to the firefighter while living.
9 (f) (Blank).
10 (g) If a judgment of dissolution of marriage between a
11 firefighter and spouse is judicially set aside subsequent
12 to the firefighter's death, the surviving spouse is
13 eligible for the pension provided in paragraph (a) only if
14 the judicial proceedings are filed within 2 years after the
15 date of the dissolution of marriage and within one year
16 after the firefighter's death and the board is made a party
17 to the proceedings. In such case the pension shall be
18 payable only from the date of the court's order setting
19 aside the judgment of dissolution of marriage.
20 (h) Benefits payable on account of a child under this
21 Section shall not be reduced or terminated by reason of the
22 child's attainment of age 18 if he or she is then dependent
23 by reason of a physical or mental disability but shall
24 continue to be paid as long as such dependency continues.
25 Individuals over the age of 18 and adjudged as a disabled
26 person pursuant to Article XIa of the Probate Act of 1975,

HB5597- 572 -LRB098 15874 AMC 50917 b
1 except for persons receiving benefits under Article III of
2 the Illinois Public Aid Code, shall be eligible to receive
3 benefits under this Act.
4 (i) Beginning January 1, 2000, the pension of the
5 surviving spouse of a firefighter who dies on or after
6 January 1, 1994 as a result of sickness, accident, or
7 injury incurred in or resulting from the performance of an
8 act of duty or from the cumulative effects of acts of duty
9 shall not be less than 100% of the salary attached to the
10 rank held by the deceased firefighter on the last day of
11 service, notwithstanding subsection (d) or any other
12 provision of this Article.
13 (j) Beginning July 1, 2004, the pension of the
14 surviving spouse of a firefighter who dies on or after
15 January 1, 1988 as a result of sickness, accident, or
16 injury incurred in or resulting from the performance of an
17 act of duty or from the cumulative effects of acts of duty
18 shall not be less than 100% of the salary attached to the
19 rank held by the deceased firefighter on the last day of
20 service, notwithstanding subsection (d) or any other
21 provision of this Article.
22 Notwithstanding any other provision of this Article, if a
23person who first becomes a firefighter under this Article on or
24after January 1, 2011 and who is not receiving a disability
25pension under Section 4-110 or 4-110.1 dies (1) as a result of
26any illness or accident, (2) from any cause while in receipt of

HB5597- 573 -LRB098 15874 AMC 50917 b
1a disability pension under this Article, (3) during retirement
2after 20 years service, (4) while vested for or in receipt of a
3pension payable under subsection (b) of Section 4-109, or (5)
4while a deferred pensioner, having made all required
5contributions, then a pension shall be paid to his or her
6survivors in the amount of 66 2/3% of the firefighter's earned
7pension at the date of death. Nothing in this Section shall act
8to diminish the survivor's benefits described in subsection (j)
9of this Section.
10 Notwithstanding any other provision of this Article, the
11monthly pension of a survivor of a person who first becomes a
12firefighter under this Article on or after January 1, 2011
13shall be increased on the January 1 after attainment of age 60
14by the recipient of the survivor's pension and each January 1
15thereafter by 3% or one-half the annual unadjusted percentage
16increase in the consumer price index-u for the 12 months ending
17with the September preceding each November 1, whichever is
18less, of the originally granted survivor's pension. If the
19annual unadjusted percentage change in the consumer price
20index-u for a 12-month period ending in September is zero or,
21when compared with the preceding period, decreases, then the
22survivor's pension shall not be increased.
23 For the purposes of this Section, "consumer price index-u"
24means the index published by the Bureau of Labor Statistics of
25the United States Department of Labor that measures the average
26change in prices of goods and services purchased by all urban

HB5597- 574 -LRB098 15874 AMC 50917 b
1consumers, United States city average, all items, 1982-84 =
2100. The new amount resulting from each annual adjustment shall
3be determined by the Public Pension Division of the Department
4of Insurance and made available to the boards of the pension
5funds.
6(Source: P.A. 98-391, eff. 8-16-13; revised 10-7-13.)
7 (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
8 Sec. 8-138. Minimum annuities - Additional provisions.
9 (a) An employee who withdraws after age 65 or more with at
10least 20 years of service, for whom the amount of age and
11service and prior service annuity combined is less than the
12amount stated in this Section, shall from the date of
13withdrawal, instead of all annuities otherwise provided, be
14entitled to receive an annuity for life of $150 a year, plus 1
151/2% for each year of service, to and including 20 years, and 1
162/3% for each year of service over 20 years, of his highest
17average annual salary for any 4 consecutive years within the
18last 10 years of service immediately preceding the date of
19withdrawal.
20 An employee who withdraws after 20 or more years of
21service, before age 65, shall be entitled to such annuity, to
22begin not earlier than upon attained age of 55 years if under
23such age at withdrawal, reduced by 2% for each full year or
24fractional part thereof that his attained age is less than 65,
25plus an additional 2% reduction for each full year or

HB5597- 575 -LRB098 15874 AMC 50917 b
1fractional part thereof that his attained age when annuity is
2to begin is less than 60 so that the total reduction at age 55
3shall be 30%.
4 (b) An employee who withdraws after July 1, 1957, at age 60
5or over, with 20 or more years of service, for whom the age and
6service and prior service annuity combined, is less than the
7amount stated in this paragraph, shall, from the date of
8withdrawal, instead of such annuities, be entitled to receive
9an annuity for life equal to 1 2/3% for each year of service,
10of the highest average annual salary for any 5 consecutive
11years within the last 10 years of service immediately preceding
12the date of withdrawal; provided, that in the case of any
13employee who withdraws on or after July 1, 1971, such employee
14age 60 or over with 20 or more years of service, shall receive
15an annuity for life equal to 1.67% for each of the first 10
16years of service; 1.90% for each of the next 10 years of
17service; 2.10% for each year of service in excess of 20 but not
18exceeding 30; and 2.30% for each year of service in excess of
1930, based on the highest average annual salary for any 4
20consecutive years within the last 10 years of service
21immediately preceding the date of withdrawal.
22 An employee who withdraws after July 1, 1957 and before
23January 1, 1988, with 20 or more years of service, before age
2460 years is entitled to annuity, to begin not earlier than upon
25attained age of 55 years, if under such age at withdrawal, as
26computed in the last preceding paragraph, reduced 0.25% for

HB5597- 576 -LRB098 15874 AMC 50917 b
1each full month or fractional part thereof that his attained
2age when annuity is to begin is less than 60 if the employee
3was born before January 1, 1936, or 0.5% for each such month if
4the employee was born on or after January 1, 1936.
5 Any employee born before January 1, 1936, who withdraws
6with 20 or more years of service, and any employee with 20 or
7more years of service who withdraws on or after January 1,
81988, may elect to receive, in lieu of any other employee
9annuity provided in this Section, an annuity for life equal to
101.80% for each of the first 10 years of service, 2.00% for each
11of the next 10 years of service, 2.20% for each year of service
12in excess of 20 but not exceeding 30, and 2.40% for each year
13of service in excess of 30, of the highest average annual
14salary for any 4 consecutive years within the last 10 years of
15service immediately preceding the date of withdrawal, to begin
16not earlier than upon attained age of 55 years, if under such
17age at withdrawal, reduced 0.25% for each full month or
18fractional part thereof that his attained age when annuity is
19to begin is less than 60; except that an employee retiring on
20or after January 1, 1988, at age 55 or over but less than age
2160, having at least 35 years of service, or an employee
22retiring on or after July 1, 1990, at age 55 or over but less
23than age 60, having at least 30 years of service, or an
24employee retiring on or after the effective date of this
25amendatory Act of 1997, at age 55 or over but less than age 60,
26having at least 25 years of service, shall not be subject to

HB5597- 577 -LRB098 15874 AMC 50917 b
1the reduction in retirement annuity because of retirement below
2age 60.
3 However, in the case of an employee who retired on or after
4January 1, 1985 but before January 1, 1988, at age 55 or older
5and with at least 35 years of service, and who was subject
6under this subsection (b) to the reduction in retirement
7annuity because of retirement below age 60, that reduction
8shall cease to be effective January 1, 1991, and the retirement
9annuity shall be recalculated accordingly.
10 Any employee who withdraws on or after July 1, 1990, with
1120 or more years of service, may elect to receive, in lieu of
12any other employee annuity provided in this Section, an annuity
13for life equal to 2.20% for each year of service if withdrawal
14is before January 1, 2002, or 2.40% for each year of service if
15withdrawal is on or after January 1, 2002, of the highest
16average annual salary for any 4 consecutive years within the
17last 10 years of service immediately preceding the date of
18withdrawal, to begin not earlier than upon attained age of 55
19years, if under such age at withdrawal, reduced 0.25% for each
20full month or fractional part thereof that his attained age
21when annuity is to begin is less than 60; except that an
22employee retiring at age 55 or over but less than age 60,
23having at least 30 years of service, shall not be subject to
24the reduction in retirement annuity because of retirement below
25age 60.
26 Any employee who withdraws on or after the effective date

HB5597- 578 -LRB098 15874 AMC 50917 b
1of this amendatory Act of 1997 with 20 or more years of service
2may elect to receive, in lieu of any other employee annuity
3provided in this Section, an annuity for life equal to 2.20%
4for each year of service, if withdrawal is before January 1,
52002, or 2.40% for each year of service if withdrawal is on or
6after January 1, 2002, of the highest average annual salary for
7any 4 consecutive years within the last 10 years of service
8immediately preceding the date of withdrawal, to begin not
9earlier than upon attainment of age 55 (age 50 if the employee
10has at least 30 years of service), reduced 0.25% for each full
11month or remaining fractional part thereof that the employee's
12attained age when annuity is to begin is less than 60; except
13that an employee retiring at age 50 or over with at least 30
14years of service or at age 55 or over with at least 25 years of
15service shall not be subject to the reduction in retirement
16annuity because of retirement below age 60.
17 The maximum annuity payable under part (a) and (b) of this
18Section shall not exceed 70% of highest average annual salary
19in the case of an employee who withdraws prior to July 1, 1971,
2075% if withdrawal takes place on or after July 1, 1971 and
21prior to January 1, 2002, or 80% if withdrawal takes place on
22or after January 1, 2002. For the purpose of the minimum
23annuity provided in this Section $1,500 is considered the
24minimum annual salary for any year; and the maximum annual
25salary for the computation of such annuity is $4,800 for any
26year before 1953, $6000 for the years 1953 to 1956, inclusive,

HB5597- 579 -LRB098 15874 AMC 50917 b
1and the actual annual salary, as salary is defined in this
2Article, for any year thereafter.
3 To preserve rights existing on December 31, 1959, for
4participants and contributors on that date to the fund created
5by the Court and Law Department Employees' Annuity Act, who
6became participants in the fund provided for on January 1,
71960, the maximum annual salary to be considered for such
8persons for the years 1955 and 1956 is $7,500.
9 (c) For an employee receiving disability benefit, his
10salary for annuity purposes under paragraphs (a) and (b) of
11this Section, for all periods of disability benefit subsequent
12to the year 1956, is the amount on which his disability benefit
13was based.
14 (d) An employee with 20 or more years of service, whose
15entire disability benefit credit period expires before
16attainment of age 55 while still disabled for service, is
17entitled upon withdrawal to the larger of (1) the minimum
18annuity provided above, assuming he is then age 55, and
19reducing such annuity to its actuarial equivalent as of his
20attained age on such date or (2) the annuity provided from his
21age and service and prior service annuity credits.
22 (e) The minimum annuity provisions do not apply to any
23former municipal employee receiving an annuity from the fund
24who re-enters service as a municipal employee, unless he
25renders at least 3 years of additional service after the date
26of re-entry.

HB5597- 580 -LRB098 15874 AMC 50917 b
1 (f) An employee in service on July 1, 1947, or who became a
2contributor after July 1, 1947 and before attainment of age 70,
3who withdraws after age 65, with less than 20 years of service
4for whom the annuity has been fixed under this Article shall,
5instead of the annuity so fixed, receive an annuity as follows:
6 Such amount as he could have received had the accumulated
7amounts for annuity been improved with interest at the
8effective rate to the date of his withdrawal, or to attainment
9of age 70, whichever is earlier, and had the city contributed
10to such earlier date for age and service annuity the amount
11that it would have contributed had he been under age 65, after
12the date his annuity was fixed in accordance with this Article,
13and assuming his annuity were computed from such accumulations
14as of his age on such earlier date. The annuity so computed
15shall not exceed the annuity which would be payable under the
16other provisions of this Section if the employee was credited
17with 20 years of service and would qualify for annuity
18thereunder.
19 (g) Instead of the annuity provided in this Article, an
20employee having attained age 65 with at least 15 years of
21service who withdraws from service on or after July 1, 1971 and
22whose annuity computed under other provisions of this Article
23is less than the amount provided under this paragraph, is
24entitled to a minimum annuity for life equal to 1% of the
25highest average annual salary, as salary is defined and limited
26in this Section for any 4 consecutive years within the last 10

HB5597- 581 -LRB098 15874 AMC 50917 b
1years of service for each year of service, plus the sum of $25
2for each year of service. The annuity shall not exceed 60% of
3such highest average annual salary.
4 (g-1) Instead of any other retirement annuity provided in
5this Article, an employee who has at least 10 years of service
6and withdraws from service on or after January 1, 1999 may
7elect to receive a retirement annuity for life, beginning no
8earlier than upon attainment of age 60, equal to 2.2% if
9withdrawal is before January 1, 2002, or 2.4% if withdrawal is
10on or after January 1, 2002, of final average salary for each
11year of service, subject to a maximum of 75% of final average
12salary if withdrawal is before January 1, 2002, or 80% if
13withdrawal is on or after January 1, 2002. For the purpose of
14calculating this annuity, "final average salary" means the
15highest average annual salary for any 4 consecutive years in
16the last 10 years of service. Notwithstanding Nothwithstanding
17any provision of this subsection to the contrary, the "final
18average salary" for a participant that received credit under
19subsection (c) of Section 8-226 means the highest average
20salary for any 4 consecutive years (or any 8 consecutive years
21if the employee first became a participant on or after January
221, 2011) in the 10 years immediately prior to the leave of
23absence, and adding to that highest average salary, the product
24of (i) that highest average salary, (ii) the average percentage
25increase in the Consumer Price Index during each 12-month
26calendar year for the calendar years during the participant's

HB5597- 582 -LRB098 15874 AMC 50917 b
1leave of absence, and (iii) the length of the leave of absence
2in years, provided that this shall not exceed the participant's
3salary at the local labor organization. For purposes of this
4Section, the Consumer Price Index is the Consumer Price Index
5for All Urban Consumers for all items published by the United
6States Department of Labor.
7 (h) The minimum annuities provided under this Section shall
8be paid in equal monthly installments.
9 (i) The amendatory provisions of part (b) and (g) of this
10Section shall be effective July 1, 1971 and apply in the case
11of every qualifying employee withdrawing on or after July 1,
121971.
13 (j) The amendatory provisions of this amendatory Act of
141985 (P.A. 84-23) relating to the discount of annuity because
15of retirement prior to attainment of age 60, and to the
16retirement formula, for those born before January 1, 1936,
17shall apply only to qualifying employees withdrawing on or
18after July 18, 1985.
19 (j-1) The changes made to this Section by Public Act 92-609
20(increasing the retirement formula to 2.4% per year of service
21and increasing the maximum to 80%) apply to persons who
22withdraw from service on or after January 1, 2002, regardless
23of whether that withdrawal takes place before the effective
24date of that Act. In the case of a person who withdraws from
25service on or after January 1, 2002 but begins to receive a
26retirement annuity before July 1, 2002, the annuity shall be

HB5597- 583 -LRB098 15874 AMC 50917 b
1recalculated, with the increase resulting from Public Act
292-609 accruing from the date the retirement annuity began. The
3changes made by Public Act 92-609 control over the changes made
4by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
5 (k) Beginning on January 1, 1999, the minimum amount of
6employee's annuity shall be $850 per month for life for the
7following classes of employees, without regard to the fact that
8withdrawal occurred prior to the effective date of this
9amendatory Act of 1998:
10 (1) any employee annuitant alive and receiving a life
11 annuity on the effective date of this amendatory Act of
12 1998, except a reciprocal annuity;
13 (2) any employee annuitant alive and receiving a term
14 annuity on the effective date of this amendatory Act of
15 1998, except a reciprocal annuity;
16 (3) any employee annuitant alive and receiving a
17 reciprocal annuity on the effective date of this amendatory
18 Act of 1998, whose service in this fund is at least 5
19 years;
20 (4) any employee annuitant withdrawing after age 60 on
21 or after the effective date of this amendatory Act of 1998,
22 with at least 10 years of service in this fund.
23 The increases granted under items (1), (2) and (3) of this
24subsection (k) shall not be limited by any other Section of
25this Act.
26(Source: P.A. 97-651, eff. 1-5-12; revised 9-16-13.)

HB5597- 584 -LRB098 15874 AMC 50917 b
1 (40 ILCS 5/9-102) (from Ch. 108 1/2, par. 9-102)
2 Sec. 9-102. Terms defined. The terms used in this Article
3have the meanings ascribed to them in the Sections following
4this Section and preceding Section 9-120 Sections 9-103 to
59-119, inclusive, except when the context otherwise requires.
6(Source: Laws 1963, p. 161; revised 11-13-13.)
7 (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
8 Sec. 11-134. Minimum annuities.
9 (a) An employee whose withdrawal occurs after July 1, 1957
10at age 60 or over, with 20 or more years of service, (as
11service is defined or computed in Section 11-216), for whom the
12age and service and prior service annuity combined is less than
13the amount stated in this Section, shall, from and after the
14date of withdrawal, in lieu of all annuities otherwise provided
15in this Article, be entitled to receive an annuity for life of
16an amount equal to 1 2/3% for each year of service, of the
17highest average annual salary for any 5 consecutive years
18within the last 10 years of service immediately preceding the
19date of withdrawal; provided, that in the case of any employee
20who withdraws on or after July 1, 1971, such employee age 60 or
21over with 20 or more years of service, shall be entitled to
22instead receive an annuity for life equal to 1.67% for each of
23the first 10 years of service; 1.90% for each of the next 10
24years of service; 2.10% for each year of service in excess of

HB5597- 585 -LRB098 15874 AMC 50917 b
120 but not exceeding 30; and 2.30% for each year of service in
2excess of 30, based on the highest average annual salary for
3any 4 consecutive years within the last 10 years of service
4immediately preceding the date of withdrawal.
5 An employee who withdraws after July 1, 1957 and before
6January 1, 1988, with 20 or more years of service, before age
760, shall be entitled to an annuity, to begin not earlier than
8age 55, if under such age at withdrawal, as computed in the
9last preceding paragraph, reduced 0.25% if the employee was
10born before January 1, 1936, or 0.5% if the employee was born
11on or after January 1, 1936, for each full month or fractional
12part thereof that his attained age when such annuity is to
13begin is less than 60.
14 Any employee born before January 1, 1936 who withdraws with
1520 or more years of service, and any employee with 20 or more
16years of service who withdraws on or after January 1, 1988, may
17elect to receive, in lieu of any other employee annuity
18provided in this Section, an annuity for life equal to 1.80%
19for each of the first 10 years of service, 2.00% for each of
20the next 10 years of service, 2.20% for each year of service in
21excess of 20, but not exceeding 30, and 2.40% for each year of
22service in excess of 30, of the highest average annual salary
23for any 4 consecutive years within the last 10 years of service
24immediately preceding the date of withdrawal, to begin not
25earlier than upon attained age of 55 years, if under such age
26at withdrawal, reduced 0.25% for each full month or fractional

HB5597- 586 -LRB098 15874 AMC 50917 b
1part thereof that his attained age when annuity is to begin is
2less than 60; except that an employee retiring on or after
3January 1, 1988, at age 55 or over but less than age 60, having
4at least 35 years of service, or an employee retiring on or
5after July 1, 1990, at age 55 or over but less than age 60,
6having at least 30 years of service, or an employee retiring on
7or after the effective date of this amendatory Act of 1997, at
8age 55 or over but less than age 60, having at least 25 years of
9service, shall not be subject to the reduction in retirement
10annuity because of retirement below age 60.
11 However, in the case of an employee who retired on or after
12January 1, 1985 but before January 1, 1988, at age 55 or older
13and with at least 35 years of service, and who was subject
14under this subsection (a) to the reduction in retirement
15annuity because of retirement below age 60, that reduction
16shall cease to be effective January 1, 1991, and the retirement
17annuity shall be recalculated accordingly.
18 Any employee who withdraws on or after July 1, 1990, with
1920 or more years of service, may elect to receive, in lieu of
20any other employee annuity provided in this Section, an annuity
21for life equal to 2.20% for each year of service if withdrawal
22is before January 1, 2002, or 2.40% for each year of service if
23withdrawal is on or after January 1, 2002, of the highest
24average annual salary for any 4 consecutive years within the
25last 10 years of service immediately preceding the date of
26withdrawal, to begin not earlier than upon attained age of 55

HB5597- 587 -LRB098 15874 AMC 50917 b
1years, if under such age at withdrawal, reduced 0.25% for each
2full month or fractional part thereof that his attained age
3when annuity is to begin is less than 60; except that an
4employee retiring at age 55 or over but less than age 60,
5having at least 30 years of service, shall not be subject to
6the reduction in retirement annuity because of retirement below
7age 60.
8 Any employee who withdraws on or after the effective date
9of this amendatory Act of 1997 with 20 or more years of service
10may elect to receive, in lieu of any other employee annuity
11provided in this Section, an annuity for life equal to 2.20%
12for each year of service if withdrawal is before January 1,
132002, or 2.40% for each year of service if withdrawal is on or
14after January 1, 2002, of the highest average annual salary for
15any 4 consecutive years within the last 10 years of service
16immediately preceding the date of withdrawal, to begin not
17earlier than upon attainment of age 55 (age 50 if the employee
18has at least 30 years of service), reduced 0.25% for each full
19month or remaining fractional part thereof that the employee's
20attained age when annuity is to begin is less than 60; except
21that an employee retiring at age 50 or over with at least 30
22years of service or at age 55 or over with at least 25 years of
23service shall not be subject to the reduction in retirement
24annuity because of retirement below age 60.
25 The maximum annuity payable under this paragraph (a) of
26this Section shall not exceed 70% of highest average annual

HB5597- 588 -LRB098 15874 AMC 50917 b
1salary in the case of an employee who withdraws prior to July
21, 1971, 75% if withdrawal takes place on or after July 1, 1971
3and prior to January 1, 2002, or 80% if withdrawal is on or
4after January 1, 2002. For the purpose of the minimum annuity
5provided in said paragraphs $1,500 shall be considered the
6minimum annual salary for any year; and the maximum annual
7salary to be considered for the computation of such annuity
8shall be $4,800 for any year prior to 1953, $6,000 for the
9years 1953 to 1956, inclusive, and the actual annual salary, as
10salary is defined in this Article, for any year thereafter.
11 (b) For an employee receiving disability benefit, his
12salary for annuity purposes under this Section shall, for all
13periods of disability benefit subsequent to the year 1956, be
14the amount on which his disability benefit was based.
15 (c) An employee with 20 or more years of service, whose
16entire disability benefit credit period expires prior to
17attainment of age 55 while still disabled for service, shall be
18entitled upon withdrawal to the larger of (1) the minimum
19annuity provided above assuming that he is then age 55, and
20reducing such annuity to its actuarial equivalent at his
21attained age on such date, or (2) the annuity provided from his
22age and service and prior service annuity credits.
23 (d) The minimum annuity provisions as aforesaid shall not
24apply to any former employee receiving an annuity from the
25fund, and who re-enters service as an employee, unless he
26renders at least 3 years of additional service after the date

HB5597- 589 -LRB098 15874 AMC 50917 b
1of re-entry.
2 (e) An employee in service on July 1, 1947, or who became a
3contributor after July 1, 1947 and prior to July 1, 1950, or
4who shall become a contributor to the fund after July 1, 1950
5prior to attainment of age 70, who withdraws after age 65 with
6less than 20 years of service, for whom the annuity has been
7fixed under the foregoing Sections of this Article shall, in
8lieu of the annuity so fixed, receive an annuity as follows:
9 Such amount as he could have received had the accumulated
10amounts for annuity been improved with interest at the
11effective rate to the date of his withdrawal, or to attainment
12of age 70, whichever is earlier, and had the city contributed
13to such earlier date for age and service annuity the amount
14that would have been contributed had he been under age 65,
15after the date his annuity was fixed in accordance with this
16Article, and assuming his annuity were computed from such
17accumulations as of his age on such earlier date. The annuity
18so computed shall not exceed the annuity which would be payable
19under the other provisions of this Section if the employee was
20credited with 20 years of service and would qualify for annuity
21thereunder.
22 (f) In lieu of the annuity provided in this or in any other
23Section of this Article, an employee having attained age 65
24with at least 15 years of service who withdraws from service on
25or after July 1, 1971 and whose annuity computed under other
26provisions of this Article is less than the amount provided

HB5597- 590 -LRB098 15874 AMC 50917 b
1under this paragraph shall be entitled to receive a minimum
2annual annuity for life equal to 1% of the highest average
3annual salary for any 4 consecutive years within the last 10
4years of service immediately preceding retirement for each year
5of his service plus the sum of $25 for each year of service.
6Such annual annuity shall not exceed the maximum percentages
7stated under paragraph (a) of this Section of such highest
8average annual salary.
9 (f-1) Instead of any other retirement annuity provided in
10this Article, an employee who has at least 10 years of service
11and withdraws from service on or after January 1, 1999 may
12elect to receive a retirement annuity for life, beginning no
13earlier than upon attainment of age 60, equal to 2.2% if
14withdrawal is before January 1, 2002, or 2.4% for each year of
15service if withdrawal is on or after January 1, 2002, of final
16average salary for each year of service, subject to a maximum
17of 75% of final average salary if withdrawal is before January
181, 2002, or 80% if withdrawal is on or after January 1, 2002.
19For the purpose of calculating this annuity, "final average
20salary" means the highest average annual salary for any 4
21consecutive years in the last 10 years of service.
22Notwithstanding Nothwithstanding any provision of this
23subsection to the contrary, the "final average salary" for a
24participant that received credit under item (3) of subsection
25(c) of Section 11-215 means the highest average salary for any
264 consecutive years (or any 8 consecutive years if the employee

HB5597- 591 -LRB098 15874 AMC 50917 b
1first became a participant on or after January 1, 2011) in the
210 years immediately prior to the leave of absence, and adding
3to that highest average salary, the product of (i) that highest
4average salary, (ii) the average percentage increase in the
5Consumer Price Index during each 12-month calendar year for the
6calendar years during the participant's leave of absence, and
7(iii) the length of the leave of absence in years, provided
8that this shall not exceed the participant's salary at the
9local labor organization. For purposes of this Section, the
10Consumer Price Index is the Consumer Price Index for All Urban
11Consumers for all items published by the United States
12Department of Labor.
13 (g) Any annuity payable under the preceding subsections of
14this Section 11-134 shall be paid in equal monthly
15installments.
16 (h) The amendatory provisions of part (a) and (f) of this
17Section shall be effective July 1, 1971 and apply in the case
18of every qualifying employee withdrawing on or after July 1,
191971.
20 (h-1) The changes made to this Section by Public Act 92-609
21(increasing the retirement formula to 2.4% per year of service
22and increasing the maximum to 80%) apply to persons who
23withdraw from service on or after January 1, 2002, regardless
24of whether that withdrawal takes place before the effective
25date of that Act. In the case of a person who withdraws from
26service on or after January 1, 2002 but begins to receive a

HB5597- 592 -LRB098 15874 AMC 50917 b
1retirement annuity before July 1, 2002, the annuity shall be
2recalculated, with the increase resulting from Public Act
392-609 accruing from the date the retirement annuity began. The
4changes made by Public Act 92-609 control over the changes made
5by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
6 (i) The amendatory provisions of this amendatory Act of
71985 relating to the discount of annuity because of retirement
8prior to attainment of age 60 and increasing the retirement
9formula for those born before January 1, 1936, shall apply only
10to qualifying employees withdrawing on or after August 16,
111985.
12 (j) Beginning on January 1, 1999, the minimum amount of
13employee's annuity shall be $850 per month for life for the
14following classes of employees, without regard to the fact that
15withdrawal occurred prior to the effective date of this
16amendatory Act of 1998:
17 (1) any employee annuitant alive and receiving a life
18 annuity on the effective date of this amendatory Act of
19 1998, except a reciprocal annuity;
20 (2) any employee annuitant alive and receiving a term
21 annuity on the effective date of this amendatory Act of
22 1998, except a reciprocal annuity;
23 (3) any employee annuitant alive and receiving a
24 reciprocal annuity on the effective date of this amendatory
25 Act of 1998, whose service in this fund is at least 5
26 years;

HB5597- 593 -LRB098 15874 AMC 50917 b
1 (4) any employee annuitant withdrawing after age 60 on
2 or after the effective date of this amendatory Act of 1998,
3 with at least 10 years of service in this fund.
4 The increases granted under items (1), (2) and (3) of this
5subsection (j) shall not be limited by any other Section of
6this Act.
7(Source: P.A. 97-651, eff. 1-5-12; revised 9-16-13.)
8 (40 ILCS 5/13-809) (from Ch. 108 1/2, par. 13-809)
9 Sec. 13-809. Administrative review. The provisions of the
10Administrative Review Law Act, and all amendments and
11modifications thereof and the rules adopted pursuant thereto
12shall apply to and govern all proceedings for the judicial
13review of final administrative decisions of the Retirement
14Board provided for under this Article. The term "administrative
15decision" is as defined in Section 3-101 of the Code of Civil
16Procedure.
17(Source: P.A. 87-794; revised 10-7-13.)
18 Section 225. The Illinois Police Training Act is amended by
19changing Section 7 and by setting forth and renumbering
20multiple versions of Section 10.14 as follows:
21 (50 ILCS 705/7) (from Ch. 85, par. 507)
22 Sec. 7. Rules and standards for schools. The Board shall
23adopt rules and minimum standards for such schools which shall

HB5597- 594 -LRB098 15874 AMC 50917 b
1include but not be limited to the following:
2 a. The curriculum for probationary police officers which
3shall be offered by all certified schools shall include but not
4be limited to courses of arrest, search and seizure, civil
5rights, human relations, cultural diversity, including racial
6and ethnic sensitivity, criminal law, law of criminal
7procedure, vehicle and traffic law including uniform and
8non-discriminatory enforcement of the Illinois Vehicle Code,
9traffic control and accident investigation, techniques of
10obtaining physical evidence, court testimonies, statements,
11reports, firearms training, training in the use of electronic
12control devices, including the psychological and physiological
13effects of the use of those devices on humans, first-aid
14(including cardiopulmonary resuscitation), handling of
15juvenile offenders, recognition of mental conditions which
16require immediate assistance and methods to safeguard and
17provide assistance to a person in need of mental treatment,
18recognition of abuse, neglect, financial exploitation, and
19self-neglect of adults with disabilities and older adults, as
20defined in Section 2 of the Adult Protective Services Act,
21crimes against the elderly, law of evidence, the hazards of
22high-speed police vehicle chases with an emphasis on
23alternatives to the high-speed chase, and physical training.
24The curriculum shall include specific training in techniques
25for immediate response to and investigation of cases of
26domestic violence and of sexual assault of adults and children.

HB5597- 595 -LRB098 15874 AMC 50917 b
1The curriculum shall include training in techniques designed to
2promote effective communication at the initial contact with
3crime victims and ways to comprehensively explain to victims
4and witnesses their rights under the Rights of Crime Victims
5and Witnesses Act and the Crime Victims Compensation Act. The
6curriculum shall also include a block of instruction aimed at
7identifying and interacting with persons with autism and other
8developmental disabilities, reducing barriers to reporting
9crimes against persons with autism, and addressing the unique
10challenges presented by cases involving victims or witnesses
11with autism and other developmental disabilities. The
12curriculum for permanent police officers shall include but not
13be limited to (1) refresher and in-service training in any of
14the courses listed above in this subparagraph, (2) advanced
15courses in any of the subjects listed above in this
16subparagraph, (3) training for supervisory personnel, and (4)
17specialized training in subjects and fields to be selected by
18the board. The training in the use of electronic control
19devices shall be conducted for probationary police officers,
20including University police officers.
21 b. Minimum courses of study, attendance requirements and
22equipment requirements.
23 c. Minimum requirements for instructors.
24 d. Minimum basic training requirements, which a
25probationary police officer must satisfactorily complete
26before being eligible for permanent employment as a local law

HB5597- 596 -LRB098 15874 AMC 50917 b
1enforcement officer for a participating local governmental
2agency. Those requirements shall include training in first aid
3(including cardiopulmonary resuscitation).
4 e. Minimum basic training requirements, which a
5probationary county corrections officer must satisfactorily
6complete before being eligible for permanent employment as a
7county corrections officer for a participating local
8governmental agency.
9 f. Minimum basic training requirements which a
10probationary court security officer must satisfactorily
11complete before being eligible for permanent employment as a
12court security officer for a participating local governmental
13agency. The Board shall establish those training requirements
14which it considers appropriate for court security officers and
15shall certify schools to conduct that training.
16 A person hired to serve as a court security officer must
17obtain from the Board a certificate (i) attesting to his or her
18successful completion of the training course; (ii) attesting to
19his or her satisfactory completion of a training program of
20similar content and number of hours that has been found
21acceptable by the Board under the provisions of this Act; or
22(iii) attesting to the Board's determination that the training
23course is unnecessary because of the person's extensive prior
24law enforcement experience.
25 Individuals who currently serve as court security officers
26shall be deemed qualified to continue to serve in that capacity

HB5597- 597 -LRB098 15874 AMC 50917 b
1so long as they are certified as provided by this Act within 24
2months of the effective date of this amendatory Act of 1996.
3Failure to be so certified, absent a waiver from the Board,
4shall cause the officer to forfeit his or her position.
5 All individuals hired as court security officers on or
6after the effective date of this amendatory Act of 1996 shall
7be certified within 12 months of the date of their hire, unless
8a waiver has been obtained by the Board, or they shall forfeit
9their positions.
10 The Sheriff's Merit Commission, if one exists, or the
11Sheriff's Office if there is no Sheriff's Merit Commission,
12shall maintain a list of all individuals who have filed
13applications to become court security officers and who meet the
14eligibility requirements established under this Act. Either
15the Sheriff's Merit Commission, or the Sheriff's Office if no
16Sheriff's Merit Commission exists, shall establish a schedule
17of reasonable intervals for verification of the applicants'
18qualifications under this Act and as established by the Board.
19(Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; 98-49,
20eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; revised
219-11-13.)
22 (50 ILCS 705/10.14)
23 Sec. 10.14. Training; animal fighting awareness and humane
24response. The Illinois Law Enforcement Training Standards
25Board shall conduct or approve a training program in animal

HB5597- 598 -LRB098 15874 AMC 50917 b
1fighting awareness and humane response for law enforcement
2officers of local government agencies. The purpose of that
3training shall be to equip law enforcement officers of local
4government agencies to identify animal fighting operations and
5respond appropriately. This training shall also include a
6humane response component that will provide guidelines for
7appropriate law enforcement response to animal abuse, cruelty,
8and neglect, or similar condition, as well as training on
9canine behavior and nonlethal ways to subdue a canine.
10(Source: P.A. 98-311, eff. 1-1-14.)
11 (50 ILCS 705/10.15)
12 (Section scheduled to be repealed on July 1, 2016)
13 Sec. 10.15 10.14. Electronic control devices used by local
14law enforcement agencies; inspections.
15 (a) For the purposes of this Section, "electronic control
16device" means:
17 (1) any device which is powered by electrical charging
18 units, such as, batteries, and which fires one or several
19 barbs attached to a length of wire and which, upon hitting
20 a human, can send out a current capable of disrupting the
21 person's nervous system in such a manner as to render the
22 person incapable of normal functioning; or
23 (2) any device which is powered by electrical charging
24 units, such as batteries, and which, upon contact with a
25 human or clothing worn by a human, can send out current

HB5597- 599 -LRB098 15874 AMC 50917 b
1 capable of disrupting the person's nervous system in such a
2 manner as to render the person incapable of normal
3 functioning.
4 (b) Beginning January 1, 2014 and ending December 31, 2015,
5the Board shall randomly inspect police departments of units of
6local government and university police departments concerning
7the use of electronic control devices by law enforcement
8officers of the departments to determine whether the officers
9received appropriate training in their use. The Board shall
10compile the information from the random inspections and analyze
11the results.
12 (c) Based on the analysis required in subsection (b), the
13Board shall issue a report and present its report and findings
14to the Governor and General Assembly on or before June 30,
152016. The Board in its report may recommend legislation
16concerning the use of electronic control devices by law
17enforcement officers and the training of law enforcement
18officers in the use of those devices.
19 (d) This Section is repealed on July 1, 2016.
20(Source: P.A. 98-358, eff. 1-1-14; revised 10-17-13.)
21 Section 230. The Counties Code is amended by changing
22Sections 3-3016.5, 3-5018, 5-1062.3, 5-12001.2, 5-44020, and
236-27005 and by setting forth and renumbering multiple versions
24of Section 5-1134 as follows:

HB5597- 600 -LRB098 15874 AMC 50917 b
1 (55 ILCS 5/3-3016.5)
2 Sec. 3-3016.5. Sudden, unexpected death in epilepsy
3(SUDEP).
4 (a) All autopsies conducted in this State shall include an
5inquiry to determine whether the death was a direct result of a
6seizure or epilepsy. If the findings in an autopsy of a medical
7examiner, examining physician, or coroner are consistent with
8known or suspected sudden, unexpected death in epilepsy
9(SUDEP), then the medical examiner, examining physician, or
10coroner shall:
11 (1) cause to be indicated on the death certificate that
12 SUDEP is the cause or suspected cause of death; and
13 (2) forward a copy of the death certificate to the
14 North American SUDEP Registry at the Langone Medical Center
15 at New York University within 30 days.
16 (b) For the purposes of this Section, "sudden, unexpected
17death in epilepsy" refers to a death in a patient previously
18diagnosed with epilepsy that is not due to trauma, drowning,
19status epilepticus, or other known causes, but for which there
20is often evidence of an associated seizure. A finding of
21sudden, unexpected death in epilepsy is definite when clinical
22criteria are met and autopsy reveals no alternative cause of
23death, such as stroke, myocardial infarction, or drug
24intoxication, although there may be evidence of a seizure.
25(Source: P.A. 98-340, eff. 1-1-14; revised 10-8-13.)

HB5597- 601 -LRB098 15874 AMC 50917 b
1 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
2 Sec. 3-5018. Fees. The recorder elected as provided for in
3this Division shall receive such fees as are or may be provided
4for him or her by law, in case of provision therefor: otherwise
5he or she shall receive the same fees as are or may be provided
6in this Section, except when increased by county ordinance
7pursuant to the provisions of this Section, to be paid to the
8county clerk for his or her services in the office of recorder
9for like services.
10 For recording deeds or other instruments, $12 for the first
114 pages thereof, plus $1 for each additional page thereof, plus
12$1 for each additional document number therein noted. The
13aggregate minimum fee for recording any one instrument shall
14not be less than $12.
15 For recording deeds or other instruments wherein the
16premises affected thereby are referred to by document number
17and not by legal description, a fee of $1 in addition to that
18hereinabove referred to for each document number therein noted.
19 For recording assignments of mortgages, leases or liens,
20$12 for the first 4 pages thereof, plus $1 for each additional
21page thereof. However, except for leases and liens pertaining
22to oil, gas and other minerals, whenever a mortgage, lease or
23lien assignment assigns more than one mortgage, lease or lien
24document, a $7 fee shall be charged for the recording of each
25such mortgage, lease or lien document after the first one.
26 For recording any document that affects an interest in real

HB5597- 602 -LRB098 15874 AMC 50917 b
1property other than documents which solely affect or relate to
2an easement for water, sewer, electricity, gas, telephone or
3other public service, the recorder shall charge a fee of $1 per
4document to all filers of documents not filed by any State
5agency, any unit of local government, or any school district.
6Fifty cents of the $1 fee hereby established shall be deposited
7into the County General Revenue Fund. The remaining $0.50 shall
8be deposited into the Recorder's Automation Fund and may not be
9appropriated or expended for any other purpose. The additional
10amounts available to the recorder for expenditure from the
11Recorder's Automation Fund shall not offset or reduce any other
12county appropriations or funding for the office of the
13recorder.
14 For recording maps or plats of additions or subdivisions
15approved by the county or municipality (including the spreading
16of the same of record in map case or other proper books) or
17plats of condominiums, $50 for the first page, plus $1 for each
18additional page thereof except that in the case of recording a
19single page, legal size 8 1/2 x 14, plat of survey in which
20there are no more than two lots or parcels of land, the fee
21shall be $12. In each county where such maps or plats are to be
22recorded, the recorder may require the same to be accompanied
23by such number of exact, true and legible copies thereof as the
24recorder deems necessary for the efficient conduct and
25operation of his or her office.
26 For non-certified copies of records, an amount not to

HB5597- 603 -LRB098 15874 AMC 50917 b
1exceed one-half of the amount provided in this Section for
2certified copies, according to a standard scale of fees,
3established by county ordinance and made public. The provisions
4of this paragraph shall not be applicable to any person or
5entity who obtains non-certified copies of records in the
6following manner: (i) in bulk for all documents recorded on any
7given day in an electronic or paper format for a negotiated
8amount less than the amount provided for in this paragraph for
9non-certified copies, (ii) under a contractual relationship
10with the recorder for a negotiated amount less than the amount
11provided for in this paragraph for non-certified copies,
12or (iii) by means of Internet access pursuant to Section
135-1106.1.
14 For certified copies of records, the same fees as for
15recording, but in no case shall the fee for a certified copy of
16a map or plat of an addition, subdivision or otherwise exceed
17$10.
18 Each certificate of such recorder of the recording of the
19deed or other writing and of the date of recording the same
20signed by such recorder, shall be sufficient evidence of the
21recording thereof, and such certificate including the indexing
22of record, shall be furnished upon the payment of the fee for
23recording the instrument, and no additional fee shall be
24allowed for the certificate or indexing.
25 The recorder shall charge an additional fee, in an amount
26equal to the fee otherwise provided by law, for recording a

HB5597- 604 -LRB098 15874 AMC 50917 b
1document (other than a document filed under the Plat Act or the
2Uniform Commercial Code) that does not conform to the following
3standards:
4 (1) The document shall consist of one or more
5 individual sheets measuring 8.5 inches by 11 inches, not
6 permanently bound and not a continuous form. Graphic
7 displays accompanying a document to be recorded that
8 measure up to 11 inches by 17 inches shall be recorded
9 without charging an additional fee.
10 (2) The document shall be legibly printed in black ink,
11 by hand, type, or computer. Signatures and dates may be in
12 contrasting colors if they will reproduce clearly.
13 (3) The document shall be on white paper of not less
14 than 20-pound weight and shall have a clean margin of at
15 least one-half inch on the top, the bottom, and each side.
16 Margins may be used for non-essential notations that will
17 not affect the validity of the document, including but not
18 limited to form numbers, page numbers, and customer
19 notations.
20 (4) The first page of the document shall contain a
21 blank space, measuring at least 3 inches by 5 inches, from
22 the upper right corner.
23 (5) The document shall not have any attachment stapled
24 or otherwise affixed to any page.
25A document that does not conform to these standards shall not
26be recorded except upon payment of the additional fee required

HB5597- 605 -LRB098 15874 AMC 50917 b
1under this paragraph. This paragraph, as amended by this
2amendatory Act of 1995, applies only to documents dated after
3the effective date of this amendatory Act of 1995.
4 The county board of any county may provide for an
5additional charge of $3 for filing every instrument, paper, or
6notice for record, (1) in order to defray the cost of
7converting the county recorder's document storage system to
8computers or micrographics and (2) in order to defray the cost
9of providing access to records through the global information
10system known as the Internet.
11 A special fund shall be set up by the treasurer of the
12county and such funds collected pursuant to Public Act 83-1321
13shall be used (1) for a document storage system to provide the
14equipment, materials and necessary expenses incurred to help
15defray the costs of implementing and maintaining such a
16document records system and (2) for a system to provide
17electronic access to those records.
18 The county board of any county that provides and maintains
19a countywide map through a Geographic Information System (GIS)
20may provide for an additional charge of $3 for filing every
21instrument, paper, or notice for record (1) in order to defray
22the cost of implementing or maintaining the county's Geographic
23Information System and (2) in order to defray the cost of
24providing electronic or automated access to the county's
25Geographic Information System or property records. Of that
26amount, $2 must be deposited into a special fund set up by the

HB5597- 606 -LRB098 15874 AMC 50917 b
1treasurer of the county, and any moneys collected pursuant to
2this amendatory Act of the 91st General Assembly and deposited
3into that fund must be used solely for the equipment,
4materials, and necessary expenses incurred in implementing and
5maintaining a Geographic Information System and in order to
6defray the cost of providing electronic access to the county's
7Geographic Information System records. The remaining $1 must be
8deposited into the recorder's special funds created under
9Section 3-5005.4. The recorder may, in his or her discretion,
10use moneys in the funds created under Section 3-5005.4 to
11defray the cost of implementing or maintaining the county's
12Geographic Information System and to defray the cost of
13providing electronic access to the county's Geographic
14Information System records.
15 The recorder shall collect a $9 Rental Housing Support
16Program State surcharge for the recordation of any real
17estate-related document. Payment of the Rental Housing Support
18Program State surcharge shall be evidenced by a receipt that
19shall be marked upon or otherwise affixed to the real
20estate-related document by the recorder. The form of this
21receipt shall be prescribed by the Department of Revenue and
22the receipts shall be issued by the Department of Revenue to
23each county recorder.
24 The recorder shall not collect the Rental Housing Support
25Program State surcharge from any State agency, any unit of
26local government or any school district.

HB5597- 607 -LRB098 15874 AMC 50917 b
1 On the 15th day of each month, each county recorder shall
2report to the Department of Revenue, on a form prescribed by
3the Department, the number of real estate-related documents
4recorded for which the Rental Housing Support Program State
5surcharge was collected. Each recorder shall submit $9 of each
6surcharge collected in the preceding month to the Department of
7Revenue and the Department shall deposit these amounts in the
8Rental Housing Support Program Fund. Subject to appropriation,
9amounts in the Fund may be expended only for the purpose of
10funding and administering the Rental Housing Support Program.
11 For purposes of this Section, "real estate-related
12document" means that term as it is defined in Section 7 of the
13Rental Housing Support Program Act.
14 The foregoing fees allowed by this Section are the maximum
15fees that may be collected from any officer, agency, department
16or other instrumentality of the State. The county board may,
17however, by ordinance, increase the fees allowed by this
18Section and collect such increased fees from all persons and
19entities other than officers, agencies, departments and other
20instrumentalities of the State if the increase is justified by
21an acceptable cost study showing that the fees allowed by this
22Section are not sufficient to cover the cost of providing the
23service. Regardless of any other provision in this Section, the
24maximum fee that may be collected from the Department of
25Revenue for filing or indexing a lien, certificate of lien
26release or subordination, or any other type of notice or other

HB5597- 608 -LRB098 15874 AMC 50917 b
1documentation affecting or concerning a lien is $5. Regardless
2of any other provision in this Section, the maximum fee that
3may be collected from the Department of Revenue for indexing
4each additional name in excess of one for any lien, certificate
5of lien release or subordination, or any other type of notice
6or other documentation affecting or concerning a lien is $1.
7 A statement of the costs of providing each service, program
8and activity shall be prepared by the county board. All
9supporting documents shall be public record and subject to
10public examination and audit. All direct and indirect costs, as
11defined in the United States Office of Management and Budget
12Circular A-87, may be included in the determination of the
13costs of each service, program and activity.
14(Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; revised
159-24-13.)
16 (55 ILCS 5/5-1062.3)
17 Sec. 5-1062.3. Stormwater management; DuPage and Peoria
18Counties.
19 (a) The purpose of this Section is to allow management and
20mitigation of the effects of urbanization on stormwater
21drainage in the metropolitan counties of DuPage and Peoria, and
22references to "county" in this Section apply only to those
23counties. This Section does not apply to a municipality that
24only partially lies within one of these counties and, on the
25effective date of this amendatory Act of the 98th General

HB5597- 609 -LRB098 15874 AMC 50917 b
1Assembly, is served by an existing Section in the Counties Code
2regarding stormwater management. The purpose of this Section
3shall be achieved by:
4 (1) consolidating the existing stormwater management
5 framework into a united, countywide structure;
6 (2) setting minimum standards for floodplain and
7 stormwater management; and
8 (3) preparing a countywide plan for the management of
9 stormwater runoff, including the management of natural and
10 man-made drainageways. The countywide plan may incorporate
11 watershed plans.
12 (b) A stormwater management planning committee may be
13established by county board resolution, with its membership
14consisting of equal numbers of county board and municipal
15representatives from each county board district, and such other
16members as may be determined by the county and municipal
17members. If the county has more than 6 county board districts,
18however, the county board may by ordinance divide the county
19into not less than 6 areas of approximately equal population,
20to be used instead of county board districts for the purpose of
21determining representation on the stormwater management
22planning committee.
23 The county board members shall be appointed by the chairman
24of the county board. Municipal members from each county board
25district or other represented area shall be appointed by a
26majority vote of the mayors of those municipalities that have

HB5597- 610 -LRB098 15874 AMC 50917 b
1the greatest percentage of their respective populations
2residing in that county board district or other represented
3area. All municipal and county board representatives shall be
4entitled to a vote; the other members shall be nonvoting
5members, unless authorized to vote by the unanimous consent of
6the municipal and county board representatives. A municipality
7that is located in more than one county may choose, at the time
8of formation of the stormwater management planning committee
9and based on watershed boundaries, to participate in the
10stormwater management planning program of either county.
11Subcommittees of the stormwater management planning committee
12may be established to serve a portion of the county or a
13particular drainage basin that has similar stormwater
14management needs. The stormwater management planning committee
15shall adopt bylaws, by a majority vote of the county and
16municipal members, to govern the functions of the committee and
17its subcommittees. Officers of the committee shall include a
18chair and vice chair, one of whom shall be a county
19representative and one a municipal representative.
20 The principal duties of the committee shall be to develop a
21stormwater management plan for presentation to and approval by
22the county board, and to direct the plan's implementation and
23revision. The committee may retain engineering, legal, and
24financial advisors and inspection personnel. The committee
25shall meet at least quarterly and shall hold at least one
26public meeting during the preparation of the plan and prior to

HB5597- 611 -LRB098 15874 AMC 50917 b
1its submittal to the county board. The committee may make
2grants to units of local government that have adopted an
3ordinance requiring actions consistent with the stormwater
4management plan and to landowners for the purposes of
5stormwater management, including special projects; use of the
6grant money must be consistent with the stormwater management
7plan.
8 The committee shall not have or exercise any power of
9eminent domain.
10 (c) In the preparation of a stormwater management plan, a
11county stormwater management planning committee shall
12coordinate the planning process with each adjoining county to
13ensure that recommended stormwater projects will have no
14significant impact on the levels or flows of stormwaters in
15inter-county watersheds or on the capacity of existing and
16planned stormwater retention facilities. An adopted stormwater
17management plan shall identify steps taken by the county to
18coordinate the development of plan recommendations with
19adjoining counties.
20 (d) The stormwater management committee may not enforce any
21rules or regulations that would interfere with (i) any power
22granted by the Illinois Drainage Code (70 ILCS 605/) to
23operate, construct, maintain, or improve drainage systems or
24(ii) the ability to operate, maintain, or improve the drainage
25systems used on or by land or a facility used for production
26agriculture purposes, as defined in the Use Tax Act (35 ILCS

HB5597- 612 -LRB098 15874 AMC 50917 b
1105/), except newly constructed buildings and newly installed
2impervious paved surfaces. Disputes regarding an exception
3shall be determined by a mutually agreed upon arbitrator paid
4by the disputing party or parties.
5 (e) Before the stormwater management planning committee
6recommends to the county board a stormwater management plan for
7the county or a portion thereof, it shall submit the plan to
8the Office of Water Resources of the Department of Natural
9Resources for review and recommendations. The Office, in
10reviewing the plan, shall consider such factors as impacts on
11the levels or flows in rivers and streams and the cumulative
12effects of stormwater discharges on flood levels. The Office of
13Water Resources shall determine whether the plan or ordinances
14enacted to implement the plan complies with the requirements of
15subsection (f). Within a period not to exceed 60 days, the
16review comments and recommendations shall be submitted to the
17stormwater management planning committee for consideration.
18Any amendments to the plan shall be submitted to the Office for
19review.
20 (f) Prior to recommending the plan to the county board, the
21stormwater management planning committee shall hold at least
22one public hearing thereon and shall afford interested persons
23an opportunity to be heard. The hearing shall be held in the
24county seat. Notice of the hearing shall be published at least
25once and no less than 15 days in advance of the hearing in a
26newspaper of general circulation published in the county. The

HB5597- 613 -LRB098 15874 AMC 50917 b
1notice shall state the time and place of the hearing and the
2place where copies of the proposed plan will be accessible for
3examination by interested parties. If an affected municipality
4having a stormwater management plan adopted by ordinance wishes
5to protest the proposed county plan provisions, it shall appear
6at the hearing and submit in writing specific proposals to the
7stormwater management planning committee. After consideration
8of the matters raised at the hearing, the committee may amend
9or approve the plan and recommend it to the county board for
10adoption.
11 The county board may enact the proposed plan by ordinance.
12If the proposals for modification of the plan made by an
13affected municipality having a stormwater management plan are
14not included in the proposed county plan, and the municipality
15affected by the plan opposes adoption of the county plan by
16resolution of its corporate authorities, approval of the county
17plan shall require an affirmative vote of at least two-thirds
18of the county board members present and voting. If the county
19board wishes to amend the county plan, it shall submit in
20writing specific proposals to the stormwater management
21planning committee. If the proposals are not approved by the
22committee, or are opposed by resolution of the corporate
23authorities of an affected municipality having a municipal
24stormwater management plan, amendment of the plan shall require
25an affirmative vote of at least two-thirds of the county board
26members present and voting.

HB5597- 614 -LRB098 15874 AMC 50917 b
1 (g) The county board may prescribe by ordinance reasonable
2rules and regulations for floodplain management and for
3governing the location, width, course, and release rate of all
4stormwater runoff channels, streams, and basins in the county,
5in accordance with the adopted stormwater management plan.
6Land, facilities, and drainage district facilities used for
7production agriculture as defined in subsection (d) shall not
8be subjected to regulation by the county board or stormwater
9management committee under this Section for floodplain
10management and for governing location, width, course,
11maintenance, and release rate of stormwater runoff channels,
12streams and basins, or water discharged from a drainage
13district. These rules and regulations shall, at a minimum, meet
14the standards for floodplain management established by the
15Office of Water Resources and the requirements of the Federal
16Emergency Management Agency for participation in the National
17Flood Insurance Program. With respect to DuPage County only,
18the Chicago Metropolitan Agency for Planning may not impose
19more stringent regulations regarding water quality on entities
20discharging in accordance with a valid National Pollution
21Discharge Elimination System permit issued under the
22Environmental Protection Act.
23 (h) For the purpose of implementing this Section and for
24the development, design, planning, construction, operation,
25and maintenance of stormwater facilities provided for in the
26adopted stormwater management plan, a county board that has

HB5597- 615 -LRB098 15874 AMC 50917 b
1established a stormwater management planning committee
2pursuant to this Section or has participated in a stormwater
3management planning process may adopt a schedule of fees
4applicable to all real property within the county which
5benefits from the county's stormwater management facilities
6and activities, and as may be necessary to mitigate the effects
7of increased stormwater runoff resulting from development. The
8total amount of the fees assessed must be specifically and
9uniquely attributable to the actual costs of the county in the
10preparation, administration, and implementation of the adopted
11stormwater management plan, construction and maintenance of
12stormwater facilities, and other activities related to the
13management of the runoff from the property. The individual fees
14must be specifically and uniquely attributable to the portion
15of the actual cost to the county of managing the runoff from
16the property. The fees shall be used to finance activities
17undertaken by the county or its included municipalities to
18mitigate the effects of urban stormwater runoff by providing
19and maintaining stormwater collection, retention, detention,
20and particulate treatment facilities, and improving water
21bodies impacted by stormwater runoff, as identified in the
22county plan. In establishing, maintaining, or replacing such
23facilities, the county shall not duplicate facilities operated
24by other governmental bodies within its corporate boundaries.
25The schedule of fees established by the county board shall
26include a procedure for a full or partial fee waiver for

HB5597- 616 -LRB098 15874 AMC 50917 b
1property owners who have taken actions or put in place
2facilities that reduce or eliminate the cost to the county of
3providing stormwater management services to their property.
4The county board may also offer tax or fee rebates or incentive
5payments to property owners who construct, maintain, and use
6approved green infrastructure stormwater management devices or
7any other methods that reduce or eliminate the cost to the
8county of providing stormwater management services to the
9property, including but not limited to facilities that reduce
10the volume, temperature, velocity, and pollutant load of the
11stormwater managed by the county, such as systems that
12infiltrate, evapotranspirate, or harvest stormwater for reuse,
13known as "green infrastructure". In exercising this authority,
14the county shall provide notice to the municipalities within
15its jurisdiction their jurisdictions of any fees proposed under
16this Section and seek the input of each municipality with
17respect to the calculation of the fees. The county shall also
18give property owners at least 2 years' notice of the fee,
19during which time the county shall provide education on green
20infrastructure practices and an opportunity to take action to
21reduce or eliminate the fee. All these fees collected by the
22county shall be held in a separate fund, and shall be expended
23only in the watershed within which they were collected. The
24county may enter into intergovernmental agreements with other
25government bodies for the joint administration of stormwater
26management and the collection of the fees authorized in this

HB5597- 617 -LRB098 15874 AMC 50917 b
1Section.
2 A fee schedule authorized by this subsection must have the
3same limit as the authorized stormwater tax. In Peoria County
4only, the fee schedule shall not be adopted unless (i) a
5referendum has been passed approving a stormwater tax as
6provided in subsection (i) of this Section; or (ii) the
7question of the adoption of a fee schedule with the same limit
8as the authorized stormwater tax has been approved in a
9referendum by a majority of those voting on the question.
10 (i) In the alternative to a fee imposed under subsection
11(h), the county board may cause an annual tax of not to exceed
120.20% of the value, as equalized or assessed by the Department
13of Revenue, of all taxable property in the county to be levied
14upon all the taxable property in the county. The property tax
15shall be in addition to all other taxes authorized by law to be
16levied and collected in the county and shall be in addition to
17the maximum tax rate authorized by law for general county
18purposes. The 0.20% limitation provided in this Section may be
19increased or decreased by referendum in accordance with the
20provisions of Sections 18-120, 18-125, and 18-130 of the
21Property Tax Code (35 ILCS 200/).
22 Any revenues generated as a result of ownership or
23operation of facilities or land acquired with the tax funds
24collected pursuant to this subsection shall be held in a
25separate fund and be used either to abate such property tax or
26for implementing this Section.

HB5597- 618 -LRB098 15874 AMC 50917 b
1 If at least part of the county has been declared by a
2presidential proclamation after July 1, 1986 and before
3December 31, 1987, to be a disaster area as a result of
4flooding, the tax authorized by this subsection does not
5require approval by referendum. However, in Peoria County, the
6tax authorized by this subsection shall not be levied until the
7question of its adoption, either for a specified period or
8indefinitely, has been submitted to the electors thereof and
9approved by a majority of those voting on the question. This
10question may be submitted at any election held in the county
11after the adoption of a resolution by the county board
12providing for the submission of the question to the electors of
13the county. The county board shall certify the resolution and
14proposition to the proper election officials, who shall submit
15the proposition at an election in accordance with the general
16election law. If a majority of the votes cast on the question
17is in favor of the levy of the tax, it may thereafter be levied
18in the county for the specified period or indefinitely, as
19provided in the proposition. The question shall be put in
20substantially the following form:
21 Shall an annual tax be levied for stormwater management
22 purposes (for a period of not more than ..... years) at a
23 rate not exceeding .....% of the equalized assessed value
24 of the taxable property of ..... County?
25 Votes shall be recorded as Yes or No.
26 The following question may be submitted at any election

HB5597- 619 -LRB098 15874 AMC 50917 b
1held in the county after the adoption of a resolution by the
2county board providing for the submission of the question to
3the electors of the county to authorize adoption of a schedule
4of fees applicable to all real property within the county:
5 Shall the county board be authorized to adopt a
6 schedule of fees, at a rate not exceeding that of the
7 stormwater management tax, applicable to all real property
8 for preparation, administration, and implementation of an
9 adopted stormwater management plan, construction and
10 maintenance of related facilities, and management of the
11 runoff from the property?
12 Votes shall be recorded as Yes or No.
13 If these questions have been approved by a majority of
14those voting prior to the effective date of this amendatory Act
15of the 98th General Assembly, this subsection does not apply.
16 (j) For those counties that adopt a property tax in
17accordance with the provisions in this Section, the stormwater
18management committee shall offer property tax abatements or
19incentive payments to property owners who construct, maintain,
20and use approved stormwater management devices. The stormwater
21management committee is authorized to offer credits to the
22property tax, if applicable, based on authorized practices
23consistent with the stormwater management plan and approved by
24the committee. Expenses of staff of a stormwater management
25committee that are expended on regulatory project review may be
26no more than 20% of the annual budget of the committee,

HB5597- 620 -LRB098 15874 AMC 50917 b
1including funds raised under subsections (h) and (i).
2 (k) Upon the creation and implementation of a county
3stormwater management plan, the county may petition the circuit
4court to dissolve any or all drainage districts created
5pursuant to the Illinois Drainage Code or predecessor Acts
6which are located entirely within the area of the county
7covered by the plan.
8 However, any active drainage district implementing a plan
9that is consistent with and at least as stringent as the county
10stormwater management plan may petition the stormwater
11management planning committee for exception from dissolution.
12Upon filing of the petition, the committee shall set a date for
13hearing not less than 2 weeks, nor more than 4 weeks, from the
14filing thereof, and the committee shall give at least one
15week's notice of the hearing in one or more newspapers of
16general circulation within the district, and in addition shall
17cause a copy of the notice to be personally served upon each of
18the trustees of the district. At the hearing, the committee
19shall hear the district's petition and allow the district
20trustees and any interested parties an opportunity to present
21oral and written evidence. The committee shall render its
22decision upon the petition for exception from dissolution based
23upon the best interests of the residents of the district. In
24the event that the exception is not allowed, the district may
25file a petition within 30 days of the decision with the circuit
26court. In that case, the notice and hearing requirements for

HB5597- 621 -LRB098 15874 AMC 50917 b
1the court shall be the same as herein provided for the
2committee. The court shall likewise render its decision of
3whether to dissolve the district based upon the best interests
4of residents of the district.
5 The dissolution of any drainage district shall not affect
6the obligation of any bonds issued or contracts entered into by
7the district nor invalidate the levy, extension or collection
8of any taxes or special assessments upon the property in the
9former drainage district. All property and obligations of the
10former drainage district shall be assumed and managed by the
11county, and the debts of the former drainage district shall be
12discharged as soon as practicable.
13 If a drainage district lies only partly within a county
14that adopts a county stormwater management plan, the county may
15petition the circuit court to disconnect from the drainage
16district that portion of the district that lies within that
17county. The property of the drainage district within the
18disconnected area shall be assumed and managed by the county.
19The county shall also assume a portion of the drainage
20district's debt at the time of disconnection, based on the
21portion of the value of the taxable property of the drainage
22district which is located within the area being disconnected.
23 The operations of any drainage district that continues to
24exist in a county that has adopted a stormwater management plan
25in accordance with this Section shall be in accordance with the
26adopted plan.

HB5597- 622 -LRB098 15874 AMC 50917 b
1 (l) Any county that has adopted a county stormwater
2management plan under this Section may, after 10 days' days
3written notice receiving consent of the owner or occupant,
4enter upon any lands or waters within the county for the
5purpose of inspecting stormwater facilities or causing the
6removal of any obstruction to an affected watercourse. If
7consent is denied or cannot be reasonably obtained, the county
8ordinance shall provide a process or procedure for an
9administrative warrant to be obtained. The county shall be
10responsible for any damages occasioned thereby.
11 (m) Except as otherwise provided in subsection (a) of this
12Section, upon petition of the municipality, and based on a
13finding of the stormwater management planning committee, the
14county shall not enforce rules and regulations adopted by the
15county in any municipality located wholly or partly within the
16county that has a municipal stormwater management ordinance
17that is consistent with and at least as stringent as the county
18plan and ordinance, and is being enforced by the municipal
19authorities. On issues that the county ordinance is more
20stringent as deemed by the committee, the county shall only
21enforce rules and regulations adopted by the county on the more
22stringent issues and accept municipal permits. The county shall
23have no more than 60 days to review permits or the permits
24shall be deemed approved.
25 (n) A county may issue general obligation bonds for
26implementing any stormwater plan adopted under this Section in

HB5597- 623 -LRB098 15874 AMC 50917 b
1the manner prescribed in Section 5-1012; except that the
2referendum requirement of Section 5-1012 does not apply to
3bonds issued pursuant to this Section on which the principal
4and interest are to be paid entirely out of funds generated by
5the taxes and fees authorized by this Section.
6 (o) A county that has adopted a fee schedule pursuant to
7this Section may not thereafter issue any bond extensions
8related to implementing a stormwater management plan.
9 (p) The powers authorized by this Section may be
10implemented by the county board for a portion of the county
11subject to similar stormwater management needs.
12 (q) The powers and taxes authorized by this Section are in
13addition to the powers and taxes authorized by Division 5-15;
14in exercising its powers under this Section, a county shall not
15be subject to the restrictions and requirements of that
16Division.
17 (r) Stormwater management projects and actions related to
18stormwater management in a county that has adopted a fee
19schedule or tax pursuant to this Section prior to the effective
20date of this amendatory Act of the 98th General Assembly are
21not altered by this amendatory Act of the 98th General
22Assembly.
23(Source: P.A. 98-335, eff. 8-13-13; revised 10-8-13.)
24 (55 ILCS 5/5-1134)
25 Sec. 5-1134. Project labor agreements.

HB5597- 624 -LRB098 15874 AMC 50917 b
1 (a) Any sports, arts, or entertainment facilities that
2receive revenue from a tax imposed under subsection (b) of
3Section 5-1030 of this Code shall be considered to be public
4works within the meaning of the Prevailing Wage Act. The county
5authorities responsible for the construction, renovation,
6modification, or alteration of the sports, arts, or
7entertainment facilities shall enter into project labor
8agreements with labor organizations as defined in the National
9Labor Relations Act to assure that no labor dispute interrupts
10or interferes with the construction, renovation, modification,
11or alteration of the projects.
12 (b) The project labor agreements must include the
13following:
14 (1) provisions establishing the minimum hourly wage
15 for each class of labor organization employees;
16 (2) provisions establishing the benefits and other
17 compensation for such class of labor organization; and
18 (3) provisions establishing that no strike or disputes
19 will be engaged in by the labor organization employees.
20 The county, taxing bodies, municipalities, and the labor
21organizations shall have the authority to include other terms
22and conditions as they deem necessary.
23 (c) The project labor agreement shall be filed with the
24Director of the Illinois Department of Labor in accordance with
25procedures established by the Department. At a minimum, the
26project labor agreement must provide the names, addresses, and

HB5597- 625 -LRB098 15874 AMC 50917 b
1occupations of the owner of the facilities and the individuals
2representing the labor organization employees participating in
3the project labor agreement. The agreement must also specify
4the terms and conditions required in subsection (b) of this
5Section.
6 (d) In any agreement for the construction or rehabilitation
7of a facility using revenue generated under subsection (b) of
8Section 5-1030 of this Code, in connection with the
9prequalification of general contractors for construction or
10rehabilitation of the facility, it shall be required that a
11commitment will be submitted detailing how the general
12contractor will expend 15% or more of the aggregate dollar
13value of the project as a whole with one or more minority-owned
14businesses, female-owned businesses, or businesses owned by a
15person with a disability, as these terms are defined in Section
162 of the Business Enterprise for Minorities, Females, and
17Persons with Disabilities Act.
18(Source: P.A. 98-313, eff. 8-12-13.)
19 (55 ILCS 5/5-1135)
20 Sec. 5-1135 5-1134. Borrowing from financial institutions.
21The county board of a county may borrow money for any corporate
22purpose from any bank or other financial institution provided
23such money shall be repaid within 2 years from the time the
24money is borrowed. The county board chairman or county
25executive, as the case may be, shall execute a promissory note

HB5597- 626 -LRB098 15874 AMC 50917 b
1or similar debt instrument, but not a bond, to evidence the
2indebtedness incurred by the borrowing. The obligation to make
3the payments due under the promissory note or other debt
4instrument shall be a lawful direct general obligation of the
5county payable from the general funds of the county and such
6other sources of payment as are otherwise lawfully available.
7The promissory note or other debt instrument shall be
8authorized by an ordinance passed by the county board and shall
9be valid whether or not an appropriation with respect to that
10ordinance is included in any annual or supplemental
11appropriation adopted by the county board. The indebtedness
12incurred under this Section, when aggregated with the existing
13indebtedness of the county, may not exceed any debt limitation
14otherwise provided for by law. "Financial institution" means
15any bank subject to the Illinois Banking Act, any savings and
16loan association subject to the Illinois Savings and Loan Act
17of 1985, any savings bank subject to the Savings Bank Act, any
18credit union subject to the Illinois Credit Union Act, and any
19federally chartered commercial bank, savings and loan
20association, savings bank, or credit union organized and
21operated in this State pursuant to the laws of the United
22States.
23(Source: P.A. 98-525, eff. 8-23-13; revised 10-17-13.)
24 (55 ILCS 5/5-12001.2)
25 Sec. 5-12001.2. Regulation of telecommunications

HB5597- 627 -LRB098 15874 AMC 50917 b
1facilities; Lake County pilot project. In addition to any other
2requirements under this Division concerning the regulation of
3telecommunications facilities, the following applies to any
4new telecommunications facilities in Lake County that are not
5AM telecommunications towers or facilities:
6 (a) For every new wireless telecommunications facility
7 requiring a new tower structure, a telecommunications
8 carrier shall provide the county with documentation
9 consisting of the proposed location, a site plan, and an
10 elevation that sufficiently describes a proposed wireless
11 facility location.
12 (b) The county shall have 7 days to review the facility
13 proposal and contact the telecommunications carrier in
14 writing via e-mail or other written means as specified by
15 the telecommunications carrier. This written communication
16 shall either approve the proposed location or request a
17 meeting to review other possible alternative locations. If
18 requested, the meeting shall take place within 7 days after
19 the date of the written communication.
20 (c) At the meeting, the telecommunications carrier
21 shall provide the county documentation consisting of radio
22 frequency engineering criteria and a corresponding
23 telecommunications facility search ring map, together with
24 documentation of the carrier's efforts to site the proposed
25 facility within the telecommunications facility search
26 ring.

HB5597- 628 -LRB098 15874 AMC 50917 b
1 (d) Within 21 days after receipt of the carrier's
2 documentation, the county shall propose either an
3 alternative site within the telecommunications facility
4 search ring, or an alternative site outside of the
5 telecommunications search ring that meets the radio
6 frequency engineering criteria provided by the
7 telecommunications carrier and that will not materially
8 increase the construction budget beyond what was estimated
9 on the original carrier proposed site.
10 (e) If the county's proposed alternative site meets the
11 radio frequency engineering criteria provided by the
12 telecommunications carrier, and will not materially
13 increase the construction budget beyond what was estimated
14 on the original carrier proposed site, then the
15 telecommunications carrier shall agree to build the
16 facility at the alternative location, subject to the
17 negotiation of a lease with commercially reasonable terms
18 and the obtainment of the customary building permits.
19 (f) If the telecommunications carrier can demonstrate
20 that: (i) the county's proposed alternative site does not
21 meet the radio frequency engineering criteria, (ii) the
22 county's proposed alternative site will materially
23 increase the construction budget beyond what was estimated
24 on the original carrier proposed site, (iii) the county has
25 failed to provide an alternative alternate site, or (iv)
26 after a period of 90 days after receipt of the alternative

HB5597- 629 -LRB098 15874 AMC 50917 b
1 site, the telecommunications carrier has failed, after
2 acting in good faith and with due diligence, to obtain a
3 lease or, at a minimum, a letter of intent to lease the
4 alternative site at lease rates not materially greater than
5 the lease rate for the original proposed site; then the
6 carrier can proceed to permit and construct the site under
7 the provisions and standards of Section 5-12001.1 of this
8 Code.
9(Source: P.A. 98-197, eff. 8-9-13; revised 10-8-13.)
10 (55 ILCS 5/5-44020)
11 Sec. 5-44020. Definitions. In this Division 5-44:
12 "Fire protection jurisdiction" means a fire protection
13district, municipal fire department, or service organized
14under Section 5-1056.1 of the Counties Code, Sections 195 and
15200 of the Township Code, Section 10-2.1 of the Illinois
16Municipal Code, or the Illinois Fire Protection District Act.
17 "Governing board" means the individual or individuals who
18constitute the corporate authorities of a unit of local
19government. ; and
20 "Unit of local government" or "unit" means any unit of
21local government located entirely within one county, to which
22the county board chairman or county executive directly appoints
23a majority of its governing board with the advice and consent
24of the county board, but shall not include a fire protection
25district that directly employs any regular full-time employees

HB5597- 630 -LRB098 15874 AMC 50917 b
1or a special district organized under the Water Commission Act
2of 1985.
3(Source: P.A. 98-126, eff. 8-2-13; revised 9-13-13.)
4 (55 ILCS 5/6-27005) (from Ch. 34, par. 6-27005)
5 Sec. 6-27005. Transfer to general corporate fund. Moneys
6shall be transferred from said working cash fund to the general
7corporate fund only upon the authority of the county board,
8which shall from time to time by separate resolution direct the
9county treasurer to make transfers of such sums as may be
10required for the purposes herein authorized. Every such
11resolution shall set forth (a) the taxes or other moneys in
12anticipation of the collection or receipt of which such
13transfer is to be made and from which such working cash fund is
14to be reimbursed, (b) with respect only to transfers made in
15anticipation of the levy of real property taxes, the entire
16amount of taxes extended or which the county board estimates
17will be extended, for any year, by the county clerk upon the
18books of the collectors of State and county taxes within such
19county, in anticipation of the collection of all or part of
20which such transfer is to be made, (c) the aggregate amount of
21warrants theretofore issued in anticipation of the collection
22of such taxes, together with the amount of interest accrued,
23and/or which the county board estimates will accrue, thereon,
24(d) the aggregate amount of notes theretofore issued in
25anticipation of the collection of such taxes, together with the

HB5597- 631 -LRB098 15874 AMC 50917 b
1amount of the interest accrued, and/or which the county board
2estimates will accrue, thereon, and (e) the amount of moneys,
3which the county board estimates will be earned by the county
4clerk and the county collector, respectively, as fees or
5commissions for extending or collecting taxes for any year, in
6anticipation of the receipt of all or part of which such
7transfer is to be made, (f) the amount of such taxes, as by law
8now or hereafter enacted or amended, imposed by the General
9Assembly of the State of Illinois to replace revenue lost by
10units of local government and school districts as a result of
11the abolition of ad valorem personal property taxes, pursuant
12to Article IX, Section 5(c) of the Constitution of the State of
13Illinois which the county board estimates will be received by
14the county for any year, (g) the aggregate amount of receipts
15from taxes imposed to replace revenue lost by units of local
16government and school districts as a result of the abolition of
17ad valorem personal property taxes, pursuant to Article IX,
18Section 5(c) of the Constitution of the State of Illinois,
19which the corporate authorities estimate will be set aside for
20the payment of the proportionate amount of debt service and
21pension or retirement obligations, as required by Section 12 of
22"An Act in relation to State Revenue Sharing with local
23government entities", approved July 31, 1969, as amended, and
24(h) the aggregate amount of moneys theretofore transferred from
25the working cash fund to the general corporate fund in
26anticipation of the collection of such taxes or of the receipt

HB5597- 632 -LRB098 15874 AMC 50917 b
1of such other moneys to be derived from fees or commissions or
2of the receipt of such taxes, as by law now or hereafter
3enacted or amended, imposed by the General Assembly of the
4State of Illinois to replace revenue lost by units of local
5government and school districts as a result of the abolition of
6ad valorem personal property taxes, pursuant to Article IX,
7Section 5(c) of the Constitution of the State of Illinois. The
8amount which any such resolution shall direct the county
9treasurer so to transfer, in anticipation of the collection of
10taxes levied for any year, together with the aggregate amount
11of such anticipation tax warrants and notes theretofore drawn
12against such taxes and the amount of the interest accrued,, and
13the aggregate amount of such transfers theretofore made in
14anticipation of the collection of such taxes, shall not exceed
15ninety (90) per centum of the actual or estimated amount of
16such taxes extended or to be extended, as set forth in such
17resolution. The amount which any such resolution shall direct
18the county treasurer so to transfer, in anticipation of the
19receipt of any moneys to be derived from fees or commissions,
20or of the receipt of such taxes, as by law now or hereafter
21enacted or amended, imposed by the General Assembly of the
22State of Illinois to replace revenue lost by units of local
23government and school districts as a result of the abolition of
24ad valorem personal property taxes, pursuant to Article IX,
25Section 5(c) of the Constitution of the State of Illinois
26together with the aggregate amount theretofore transferred in

HB5597- 633 -LRB098 15874 AMC 50917 b
1anticipation of the receipt of any such moneys and the amount
2estimated to be required to satisfy debt service and pension or
3retirement obligations, as set forth in Section 12 of "An Act
4in relation to State revenue sharing with local government
5entities", approved July 31, 1969, as amended, shall not exceed
6the total amount which it is so estimated will be received from
7such sources. To the extent that at any time moneys are
8available in the working cash fund they shall be transferred to
9the general corporate fund and disbursed for the payment of
10salaries and other corporate expenses so as to avoid, whenever
11possible, the issuance of anticipation tax warrants or notes.
12(Source: P.A. 86-962; revised 10-8-13.)
13 Section 235. The Township Code is amended by changing
14Section 27-10 as follows:
15 (60 ILCS 1/27-10)
16 Sec. 27-10. Petition and referendum to discontinue and
17abolish a township organization within a coterminous
18municipality. Upon adoption of an ordinance adopted by the city
19council of a township described under Section 27-5 of this
20Article, or upon petition of at least 10% of the registered
21voters of that township, the city council shall certify and
22cause to be submitted to the voters of the township, at the
23next election or consolidated election, a proposition to
24discontinue and abolish the township organization and to

HB5597- 634 -LRB098 15874 AMC 50917 b
1transfer all the rights, powers, duties, assets, property,
2liabilities, obligations, and responsibilities of the township
3organization to the coterminous municipality.
4 A signature on a petition shall not be valid or counted in
5considering the petition unless the form requirements are
6complied with and the date of each signature is less than 90
7days before the last day for filing the petition. The statement
8of the person who circulates the petition must include an
9attestation (i) indicating the dates on which that sheet was
10circulated, (ii) indicating the first and last date on which
11that sheet was circulated, or (iii) certifying that none of the
12signatures on the sheet was signed more than 90 days before the
13last day for filing the petition. The petition shall be treated
14and the proposition certified in the manner provided by the
15general election law. After the proposition has once been
16submitted to the electorate, the proposition shall not be
17resubmitted for 4 years.
18 The proposition shall be in substantially the following
19form:
20 Shall the township organization be continued in [Name
21 of Township] Township?
22 The votes shall be recorded as "Yes" or "No".
23(Source: P.A. 98-127, eff. 8-2-13; revised 10-8-13.)
24 Section 240. The Illinois Municipal Code is amended by
25changing Section 11-80-9 as follows:

HB5597- 635 -LRB098 15874 AMC 50917 b
1 (65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
2 Sec. 11-80-9. The corporate authorities of each
3municipality may prevent and regulate all amusements and
4activities having a tendency to annoy or endanger persons or
5property on the sidewalks, streets, and other municipal
6property. However, no municipality may prohibit a charitable
7organization, as defined in Section 2 of the Charitable Games
8Act, from soliciting for charitable purposes, including
9solicitations taking place on public roadways from passing
10motorists, if all of the following requirements are met.
11 (1) The persons to be engaged in the solicitation are
12 law enforcement personnel, firefighters, or other persons
13 employed to protect the public safety of a local agency,
14 and that are soliciting solely in an area that is within
15 the service area of that local agency.
16 (2) The charitable organization files an application
17 with the municipality having jurisdiction over the
18 location or locations where the solicitation is to occur.
19 The application applications shall be filed not later than
20 10 business days before the date that the solicitation is
21 to begin and shall include all of the following:
22 (A) The date or dates and times of day when the
23 solicitation is to occur.
24 (B) The location or locations where the
25 solicitation is to occur along with a list of 3

HB5597- 636 -LRB098 15874 AMC 50917 b
1 alternate locations listed in order of preference.
2 (C) The manner and conditions under which the
3 solicitation is to occur.
4 (D) Proof of a valid liability insurance policy in
5 the amount of at least $1,000,000 insuring the charity
6 or local agency against bodily injury and property
7 damage arising out of or in connection with the
8 solicitation.
9 The municipality shall approve the application within 5
10business days after the filing date of the application, but may
11impose reasonable conditions in writing that are consistent
12with the intent of this Section and are based on articulated
13public safety concerns. If the municipality determines that the
14applicant's location cannot be permitted due to significant
15safety concerns, such as high traffic volumes, poor geometrics,
16construction, maintenance operations, or past accident
17history, then the municipality may deny the application for
18that location and must approve one of the 3 alternate locations
19following the order of preference submitted by the applicant on
20the alternate location list. By acting under this Section, a
21local agency does not waive or limit any immunity from
22liability provided by any other provision of law.
23 (3) For purposes of this Section, "local agency" means a
24municipality, special district, fire district, joint powers of
25authority, or other political subdivision of the State of
26Illinois.

HB5597- 637 -LRB098 15874 AMC 50917 b
1 A home rule unit may not regulate a charitable organization
2in a manner that is inconsistent with this Section. This
3Section is a limitation under subsection (i) of Section 6 of
4Article VII of the Illinois Constitution on the concurrent
5exercise by home rule units of powers and functions exercised
6by the State.
7(Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13;
8revised 10-8-13.)
9 Section 245. The Fire Protection District Act is amended by
10changing Sections 8.20 and 11j as follows:
11 (70 ILCS 705/8.20)
12 Sec. 8.20. Open burning.
13 (a) The board of trustees of any fire protection district
14incorporated under this Act may, by ordinance, require that the
15district be notified of open burning within the district before
16it takes place, but shall not require that a permit for open
17burning be obtained from the district. The district may not
18enforce an ordinance adopted under this Section within the
19corporate limits of a county with a population of 3,000,000 or
20more or a municipality with a population of 1,000,000 or more.
21 (b) The fire department of a fire protection district may
22extinguish any open burn that presents a clear, present, and
23unreasonable danger to persons or adjacent property or that
24presents an unreasonable risk because of wind, weather, or the

HB5597- 638 -LRB098 15874 AMC 50917 b
1types of combustibles. The unreasonable risk may include the
2height of flames, windblown embers, the creation of hazardous
3fumes, or an unattended fire. Fire departments may not
4unreasonably interfere with permitted and legal open burning.
5 (c) The fire protection district may provide that persons
6setting open burns on any agricultural land with an area of 50
7acres or more may voluntarily comply with the provisions of an
8ordinance adopted under this Section.
9 (d) The fire chief or any other designated officer of a
10fire department of any fire protection district incorporated
11under this Act may, with the authorization of the board of
12trustees of the fire protection district, prohibit open burning
13within the district on an emergency basis, for a limited period
14of time, if (i) the atmospheric conditions or other
15circumstances create an unreasonable risk of fire because of
16wind, weather, or the types of combustibles and (ii) the
17resources of the fire department are not sufficient to control
18and suppress a fire resulting from one or more of the
19conditions or circumstances described in clause (i) of this
20subsection. For the purposes of this subsection, "open burning"
21includes, but is not limited to, the burning of landscape
22waste, agricultural waste, household trash, and garbage.
23 (e) The fire chief or any other designated officer of a
24fire department of any fire protection district incorporated
25under this Act may fix, charge, and collect fees associated
26with the fire department extinguishing an open burning that is

HB5597- 639 -LRB098 15874 AMC 50917 b
1prohibited under subsection (d) of this Section. The fee may be
2imposed against any person causing or engaging in the
3prohibited activity. The total amount collected for
4compensation of the fire protection district shall be assessed
5in accordance with both the rates provided in Section 11f(c) of
6this Act and the fire chief's determination of the cost of
7personnel and equipment utilized to extinguish the fire.
8 (f) This Section does not authorize the open burning of any
9waste. The open burning of waste is subject to the restrictions
10and prohibitions of the Environmental Protection Act and the
11rules and regulations adopted under its authority.
12(Source: P.A. 97-488, eff. 1-1-12; 98-279, eff. 8-9-13; revised
1310-8-13.)
14 (70 ILCS 705/11j)
15 Sec. 11j. Installation of access or key boxes. The board of
16trustees of any fire protection district may, by ordinance,
17require the installation of an access or key box if: (1) a
18structure is protected by an automatic fire alarm or security
19system or access to or within the structure or area is unduly
20difficult because of secured openings; and (2) immediate access
21is necessary for life-saving purposes. In the case of a health
22care facility that is secured by an electronic code box that is
23in good working order, if the owner of the health care facility
24provides the fire department with a valid access code, then
25that health care facility is not required to be accessible by

HB5597- 640 -LRB098 15874 AMC 50917 b
1an access or key box. For the purposes of this Section, "health
2care facility" means: a hospital licensed under the Hospital
3Licensing Act or the University of Illinois Hospital Act; a
4nursing home or long-term care facility licensed under the
5Nursing Home Care Act; an assisted living establishment, as
6defined in the Assisted Living and Shared Housing Act; a mental
7health facility, as defined in the Mental Health and
8Developmental Disabilities Code; a supportive living facility
9certified to participate in the supportive living facilities
10program under Section 5-5.01a of the Illinois Public Aid Code;
11or a facility licensed under the Specialized Mental Health
12Rehabilitation Act of 2013. "Access or key box" means a secure
13device with a lock operable only by a fire department master
14key, and containing building entry keys and other keys that may
15be required for access in an emergency.
16 The access or key box shall be of an approved type listed
17in accordance with the most recently published version of the
18standard Underwriters Laboratories 1037 and shall contain keys
19to gain access as required by the fire chief of the fire
20protection district, or his or her designee.
21 An ordinance enacted under this Section may specify
22particular classes or types of structures or occupancies that
23are required to install an access or key box. However, an
24ordinance enacted under this Section shall not apply to single
25family residential structures or to facilities owned or
26operated by a public utility, as that term is defined under

HB5597- 641 -LRB098 15874 AMC 50917 b
1Section 3-105 of the Public Utilities Act.
2(Source: P.A. 98-388, eff. 8-16-13; revised 10-8-13.)
3 Section 250. The Park District Code is amended by changing
4Section 11.2-1 as follows:
5 (70 ILCS 1205/11.2-1) (from Ch. 105, par. 11.2-1)
6 Sec. 11.2-1. In each park district a fund to be known as a
7"Working Cash Fund" may be created, set apart, maintained and
8administered in the manner prescribed in this Article, for the
9purpose of enabling the district to have in its treasury at all
10times time sufficient money to meet demands thereon for
11ordinary and necessary expenditures for corporate purposes.
12(Source: P.A. 79-1379; revised 9-24-13.)
13 Section 255. The Elmwood Park Grade Separation Authority
14Act is amended by changing Sections 10, 50, and 60 as follows:
15 (70 ILCS 1935/10)
16 Sec. 10. Legislative declaration. The General Assembly
17declares that the welfare, health, prosperity, and moral and
18general well being of the people of the State are, in large
19measure, dependent upon the sound and orderly development of
20municipal areas. The Village of Elmwood Park, by reason of the
21location there of Grand Avenue and its use for vehicular travel
22in access to the entire west metropolitan Chicago area,

HB5597- 642 -LRB098 15874 AMC 50917 b
1including municipalities in 2 counties, as well as commercial
2and industrial growth patterns and accessibility to O'Hare
3International Airport, manufacturing and freight related
4services, has become and will increasingly be the hub of
5transportation from all parts of the region and throughout the
6west metropolitan area. Motor vehicle traffic, pedestrian
7travel, and the safety of both motorists and pedestrians are
8substantially aggravated by the location of a major railroad
9right-of-way that divides the Village into north and south
10halves. The presence of the railroad right-of-way has
11effectively impeded the development of highway usage and
12rights-of-way and is detrimental to the orderly expansion of
13industry and commerce and to progress throughout the region.
14Additionally, the railroad grade crossing located on Grand
15Avenue within the Village of Elmwood Park has posed a
16significant safety hazard to the public. The Illinois Commerce
17Commission Collision History illustrates that there have been 8
18fatalities and 29 injuries since 1956 at the railroad grade
19crossing located on Grand Avenue within the Village. The
20presence of the railroad right-of-way at grade crossing within
21the Village is detrimental to the safety of the public, as well
22as to the orderly expansion of industry and commerce and to
23progress of the region. To alleviate this situation, it is
24necessary to separate the grade crossing on Grand Avenue within
25the Village, to relocate the railroad tracks and right-of-way,
26and to acquire property for separation of the railroad or

HB5597- 643 -LRB098 15874 AMC 50917 b
1highway, and to create an agency to facilitate and accomplish
2that grade separation.
3(Source: P.A. 98-564, eff. 8-27-13; revised 10-8-13.)
4 (70 ILCS 1935/50)
5 Sec. 50. Board; composition; qualification; compensation
6and expenses. The Authority shall be governed by a 9-member
7board consisting of members appointed by the Governor with the
8advice and consent of the Senate. Five members shall be voting
9members and 4 members shall be non-voting members. The voting
10members shall consist of the following:
11 (1) two former public officials who served within the
12 Township of Leyden or the Village of Elmwood Park and are
13 recommended to the Governor by the Village President of the
14 Village of Elmwood Park;
15 (2) two prior employees of Canadian Pacific Railway
16 with management experience; and
17 (3) one resident of the Township of Leyden or the
18 Village of Elmwood Park.
19 The non-voting members shall consist of the following:
20 (1) the Village President of the Village of Elmwood
21 Park;
22 (2) one current employee of Canadian Pacific Railway
23 with management experience;
24 (3) one current employee of Northeast Illinois
25 Regional Commuter Railroad Corporation with management

HB5597- 644 -LRB098 15874 AMC 50917 b
1 experience; and
2 (4) one current employee of the Department of
3 Transportation with management experience.
4 The members of the board shall serve without compensation,
5but may be reimbursed for actual expenses incurred by them in
6the performance of their duties prescribed by the Authority.
7However, any member of the board who serves as secretary or
8treasurer may receive compensation for services as that
9officer.
10(Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)
11 (70 ILCS 1935/60)
12 Sec. 60. Organization; chair and temporary secretary. As
13soon as possible after the effective date of this amendatory
14Act of the 98th General Assembly, the board shall organize for
15the transaction of business, select a chair from its voting
16members and a temporary secretary from its own number, and
17adopt bylaws to govern its proceedings. The initial chair and
18successors shall be elected by the board from time to time from
19among members. The Authority may act through its board members
20by entering into an agreement that a member act on the
21Authority's behalf, in which instance the act or performance
22directed shall be deemed to be exclusively of, for, and by the
23Authority and not the individual act of the member or its
24represented person.
25(Source: P.A. 98-564, eff. 8-27-13; revised 10-8-13.)

HB5597- 645 -LRB098 15874 AMC 50917 b
1 Section 260. The Rescue Squad Districts Act is amended by
2changing Section 12 as follows:
3 (70 ILCS 2005/12) (from Ch. 85, par. 6862)
4 Sec. 12. A district organized under this Act, in the
5preparation of its annual budget and appropriation ordinance,
6may provide that an amount equal to not more than 0.5% of the
7total equalized assessed value of real property situated in the
8district shall be allocated to and accumulated in an a
9Equipment Repair or Replacement Fund for the purposes of
10equipment repairs or replacements of specific types of district
11equipment. Expenditures from the Equipment Repair or
12Replacement Fund shall be budgeted and appropriated for the
13fiscal year in which the equipment repair or replacement will
14occur. Upon completion or abandonment of any object or purpose
15for which an Equipment Repair or Replacement Fund has been
16initiated, monies remaining in the fund shall be transferred
17into the general corporate fund of the district on the first
18day of the fiscal year following the abandonment or completion
19resulting in the surplus moneys in such fund.
20(Source: P.A. 86-916; revised 10-8-13.)
21 Section 265. The Regional Transportation Authority Act is
22amended by changing Section 3B.09b as follows:

HB5597- 646 -LRB098 15874 AMC 50917 b
1 (70 ILCS 3615/3B.09b)
2 Sec. 3B.09b. Payment of fares by credit card.
3 (a) By February 28, 2010, the Commuter Rail Board shall
4allow passengers to purchase fares by credit card (i) through
5an Internet website operated by the Board, (ii) at its LaSalle
6Street Station, Union Station, Ogilvie Transportation Center,
7and Millennium Millenium Station, (iii) at stations with
8agents, and (iv) from vending machines capable of providing
9fares by credit card at the 14 largest stations on the Metra
10Electric Line.
11 (b) The Board may not require a passenger who chooses to
12purchase a fare by credit card to pay an additional fee.
13(Source: P.A. 96-621, eff. 1-1-10; revised 9-13-13.)
14 Section 270. The School Code is amended by setting forth
15and renumbering multiple versions of Section 2-3.157 and by
16changing Sections 10-19, 20-1, 21B-30, and 27-24 as follows:
17 (105 ILCS 5/2-3.157)
18 Sec. 2-3.157. (Repealed).
19(Source: P.A. 98-578, eff. 8-27-13. Repealed internally, eff.
201-2-14.)
21 (105 ILCS 5/2-3.158)
22 (Section scheduled to be repealed on May 31, 2015)
23 Sec. 2-3.158 2-3.157. Task Force on Civic Education.

HB5597- 647 -LRB098 15874 AMC 50917 b
1 (a) The State Board of Education shall establish the Task
2Force on Civic Education, to be comprised of all of the
3following members, with an emphasis on bipartisan legislative
4representation and diverse non-legislative stakeholder
5representation:
6 (1) One member appointed by the Speaker of the House of
7 Representatives.
8 (2) One member appointed by the President of the
9 Senate.
10 (3) One member appointed by the Minority Leader of the
11 House of Representatives.
12 (4) One member appointed by the Minority Leader of the
13 Senate.
14 (5) One member appointed by the head of an association
15 representing a teachers union.
16 (6) One member appointed by the head of an association
17 representing the Chicago Teachers Union.
18 (7) One member appointed by the head of an association
19 representing social studies teachers.
20 (8) One member appointed by the head of an association
21 representing school boards.
22 (9) One member appointed by the head of an association
23 representing the media.
24 (10) One member appointed by the head of an association
25 representing the non-profit sector that promotes civic
26 education as a core mission.

HB5597- 648 -LRB098 15874 AMC 50917 b
1 (11) One member appointed by the head of an association
2 representing the non-profit sector that promotes civic
3 engagement among the general public.
4 (12) One member appointed by the president of an
5 institution of higher education who teaches college or
6 graduate-level government courses or facilitates a program
7 dedicated to cultivating civic leaders.
8 (13) One member appointed by the head of an association
9 representing principals or district superintendents.
10 (b) The members of the Task Force shall serve without
11compensation but shall be reimbursed for their reasonable and
12necessary expenses from funds appropriated to the State Board
13of Education for that purpose. The members of the Task Force
14shall be reimbursed for their travel expenses from
15appropriations to the State Board of Education available for
16that purpose and subject to the rules of the appropriate travel
17control board.
18 (c) The members of the Task Force shall be considered
19members with voting rights. A quorum of the Task Force shall
20consist of a simple majority of the members of the Task Force.
21All actions and recommendations of the Task Force must be
22approved by a simple majority vote of the members.
23 (d) The Task Force shall meet initially at the call of the
24State Superintendent of Education, shall elect one member as
25chairperson at its initial meeting through a simple majority
26vote of the Task Force, and shall thereafter meet at the call

HB5597- 649 -LRB098 15874 AMC 50917 b
1of the chairperson.
2 (e) The State Board of Education shall provide
3administrative and other support to the Task Force.
4 (f) The Task Force is charged with all of the following
5tasks:
6 (1) To analyze the current state of civic education in
7 this State.
8 (2) To analyze current civic education laws in other
9 jurisdictions, both mandated and permissive.
10 (3) To identify best practices in civic education in
11 other jurisdictions.
12 (4) To make recommendations to the General Assembly
13 focused on substantially increasing civic literacy and the
14 capacity of youth to obtain the requisite knowledge,
15 skills, and practices to be civically informed members of
16 the public.
17 (5) To make funding recommendations if the Task Force's
18 recommendations to the General Assembly would require a
19 fiscal commitment.
20 (g) No later than May 31, 2014, the Task Force shall
21summarize its findings and recommendations in a report to the
22General Assembly, filed as provided in Section 3.1 of the
23General Assembly Organization Act. Upon filing its report, the
24Task Force is dissolved.
25 (h) This Section is repealed on May 31, 2015.
26(Source: P.A. 98-301, eff. 8-9-13; revised 10-4-13.)

HB5597- 650 -LRB098 15874 AMC 50917 b
1 (105 ILCS 5/2-3.159)
2 Sec. 2-3.159 2-3.157. State Seal of Biliteracy.
3 (a) In this Section, "foreign language" means any language
4other than English, including all modern languages, Latin,
5American Sign Language, Native American languages, and native
6languages.
7 (b) The State Seal of Biliteracy program is established to
8recognize public high school graduates who have attained a high
9level of proficiency in one or more languages in addition to
10English. The State Seal of Biliteracy shall be awarded
11beginning with the 2014-2015 school year. School district
12participation in this program is voluntary.
13 (c) The purposes of the State Seal of Biliteracy are as
14follows:
15 (1) To encourage pupils to study languages.
16 (2) To certify attainment of biliteracy.
17 (3) To provide employers with a method of identifying
18 people with language and biliteracy skills.
19 (4) To provide universities with an additional method
20 to recognize applicants seeking admission.
21 (5) To prepare pupils with 21st century skills.
22 (6) To recognize the value of foreign language and
23 native language instruction in public schools.
24 (7) To strengthen intergroup relationships, affirm the
25 value of diversity, and honor the multiple cultures and

HB5597- 651 -LRB098 15874 AMC 50917 b
1 languages of a community.
2 (d) The State Seal of Biliteracy certifies attainment of a
3high level of proficiency, sufficient for meaningful use in
4college and a career, by a graduating public high school pupil
5in one or more languages in addition to English.
6 (e) The State Board of Education shall adopt such rules as
7may be necessary to establish the criteria that pupils must
8achieve to earn a State Seal of Biliteracy, which may include
9without limitation attainment of units of credit in English
10language arts and languages other than English and passage of
11such assessments of foreign language proficiency as may be
12approved by the State Board of Education for this purpose.
13 (f) The State Board of Education shall do both of the
14following:
15 (1) Prepare and deliver to participating school
16 districts an appropriate mechanism for designating the
17 State Seal of Biliteracy on the diploma and transcript of
18 the pupil indicating that the pupil has been awarded a
19 State Seal of Biliteracy by the State Board of Education.
20 (2) Provide other information the State Board of
21 Education deems necessary for school districts to
22 successfully participate in the program.
23 (g) A school district that participates in the program
24under this Section shall do both of the following:
25 (1) Maintain appropriate records in order to identify
26 pupils who have earned a State Seal of Biliteracy.

HB5597- 652 -LRB098 15874 AMC 50917 b
1 (2) Make the appropriate designation on the diploma and
2 transcript of each pupil who earns a State Seal of
3 Biliteracy.
4 (h) No fee shall be charged to a pupil to receive the
5designation pursuant to this Section. Notwithstanding this
6prohibition, costs may be incurred by the pupil in
7demonstrating proficiency, including without limitation any
8assessments required under subsection (e) of this Section.
9(Source: P.A. 98-560, eff. 8-27-13; revised 10-4-13.)
10 (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
11 Sec. 10-19. Length of school term - experimental programs.
12Each school board shall annually prepare a calendar for the
13school term, specifying the opening and closing dates and
14providing a minimum term of at least 185 days to insure 176
15days of actual pupil attendance, computable under Section
1618-8.05, except that for the 1980-1981 school year only 175
17days of actual pupil attendance shall be required because of
18the closing of schools pursuant to Section 24-2 on January 29,
191981 upon the appointment by the President of that day as a day
20of thanksgiving for the freedom of the Americans who had been
21held hostage in Iran. Any days allowed by law for teachers'
22institutes institute but not used as such or used as parental
23institutes as provided in Section 10-22.18d shall increase the
24minimum term by the school days not so used. Except as provided
25in Section 10-19.1, the board may not extend the school term

HB5597- 653 -LRB098 15874 AMC 50917 b
1beyond such closing date unless that extension of term is
2necessary to provide the minimum number of computable days. In
3case of such necessary extension school employees shall be paid
4for such additional time on the basis of their regular
5contracts. A school board may specify a closing date earlier
6than that set on the annual calendar when the schools of the
7district have provided the minimum number of computable days
8under this Section. Nothing in this Section prevents the board
9from employing superintendents of schools, principals and
10other nonteaching personnel for a period of 12 months, or in
11the case of superintendents for a period in accordance with
12Section 10-23.8, or prevents the board from employing other
13personnel before or after the regular school term with payment
14of salary proportionate to that received for comparable work
15during the school term.
16 A school board may make such changes in its calendar for
17the school term as may be required by any changes in the legal
18school holidays prescribed in Section 24-2. A school board may
19make changes in its calendar for the school term as may be
20necessary to reflect the utilization of teachers' institute
21days as parental institute days as provided in Section
2210-22.18d.
23 The calendar for the school term and any changes must be
24submitted to and approved by the regional superintendent of
25schools before the calendar or changes may take effect.
26 With the prior approval of the State Board of Education and

HB5597- 654 -LRB098 15874 AMC 50917 b
1subject to review by the State Board of Education every 3
2years, any school board may, by resolution of its board and in
3agreement with affected exclusive collective bargaining
4agents, establish experimental educational programs, including
5but not limited to programs for self-directed learning or
6outside of formal class periods, which programs when so
7approved shall be considered to comply with the requirements of
8this Section as respects numbers of days of actual pupil
9attendance and with the other requirements of this Act as
10respects courses of instruction.
11(Source: P.A. 93-1036, eff. 9-14-04; revised 11-12-13.)
12 (105 ILCS 5/20-1) (from Ch. 122, par. 20-1)
13 Sec. 20-1. Authority to create working cash fund. In each
14school district, whether organized under general law or special
15charter, having a population of less than 500,000 inhabitants,
16a fund to be known as a "Working Cash Fund" may be created and
17maintained consistent with the limitations of this Article, for
18the purpose of enabling the district to have in its treasury at
19all times time sufficient money to meet demands thereon for
20expenditures for corporate purposes.
21(Source: P.A. 96-1277, eff. 7-26-10; revised 9-12-13.)
22 (105 ILCS 5/21B-30)
23 Sec. 21B-30. Educator testing.
24 (a) This Section applies beginning on July 1, 2012.

HB5597- 655 -LRB098 15874 AMC 50917 b
1 (b) The State Board of Education, in consultation with the
2State Educator Preparation and Licensure Board, shall design
3and implement a system of examinations, which shall be required
4prior to the issuance of educator licenses. These examinations
5and indicators must be based on national and State professional
6teaching standards, as determined by the State Board of
7Education, in consultation with the State Educator Preparation
8and Licensure Board. The State Board of Education may adopt
9such rules as may be necessary to implement and administer this
10Section. No score on a test required under this Section, other
11than a test of basic skills, shall be more than 5 years old at
12the time that an individual makes application for an educator
13license or endorsement.
14 (c) Applicants seeking a Professional Educator License or
15an Educator License with Stipulations shall be required to pass
16a test of basic skills before the license is issued, unless the
17endorsement the individual is seeking does not require passage
18of the test. All applicants completing Illinois-approved,
19teacher education or school service personnel preparation
20programs shall be required to pass the State Board of
21Education's recognized test of basic skills prior to starting
22their student teaching or starting the final semester of their
23internship, unless required earlier at the discretion of the
24recognized, Illinois institution in which they are completing
25their approved program. An individual who passes a test of
26basic skills does not need to do so again for subsequent

HB5597- 656 -LRB098 15874 AMC 50917 b
1endorsements or other educator licenses.
2 (d) All applicants seeking a State license shall be
3required to pass a test of content area knowledge for each area
4of endorsement for which there is an applicable test. There
5shall be no exception to this requirement. No candidate shall
6be allowed to student teach or serve as the teacher of record
7until he or she has passed the applicable content area test.
8 (e) All applicants seeking a State license endorsed in a
9teaching field shall pass the assessment of professional
10teaching (APT). Passage of the APT is required for completion
11of an approved Illinois educator preparation program.
12 (f) Beginning on September 1, 2015, all candidates
13completing teacher preparation programs in this State are
14required to pass an evidence-based assessment of teacher
15effectiveness approved by the State Board of Education, in
16consultation with the State Educator Preparation and Licensure
17Board. All recognized institutions offering approved teacher
18preparation programs must begin phasing in the approved teacher
19performance assessment no later than July 1, 2013.
20 (g) Tests of basic skills and content area knowledge and
21the assessment of professional teaching shall be the tests that
22from time to time are designated by the State Board of
23Education, in consultation with the State Educator Preparation
24and Licensure Board, and may be tests prepared by an
25educational testing organization or tests designed by the State
26Board of Education, in consultation with the State Educator

HB5597- 657 -LRB098 15874 AMC 50917 b
1Preparation and Licensure Board. The areas to be covered by a
2test of basic skills shall include reading, language arts, and
3mathematics. The test of content area knowledge shall assess
4content knowledge in a specific subject field. The tests must
5be designed to be racially neutral to ensure that no person
6taking the tests is discriminated against on the basis of race,
7color, national origin, or other factors unrelated to the
8person's ability to perform as a licensed employee. The score
9required to pass the tests shall be fixed by the State Board of
10Education, in consultation with the State Educator Preparation
11and Licensure Board. The tests shall be administered not fewer
12than 3 times a year at such time and place as may be designated
13by the State Board of Education, in consultation with the State
14Educator Preparation and Licensure Board.
15 The State Board shall implement a test or tests to assess
16the speaking, reading, writing, and grammar skills of
17applicants for an endorsement or a license issued under
18subdivision (G) of paragraph (2) of Section 21B-20 of this Code
19in the English language and in the language of the transitional
20bilingual education program requested by the applicant.
21 (h) Except as provided in Section 34-6 of this Code, the
22provisions of this Section shall apply equally in any school
23district subject to Article 34 of this Code.
24 (i) The rules developed to implement and enforce the
25testing requirements under this Section shall include
26provisions governing test selection, test validation and

HB5597- 658 -LRB098 15874 AMC 50917 b
1determination of a passing score, administration of the tests,
2frequency of administration, applicant fees, frequency of
3applicants taking the tests, the years for which a score is
4valid, and appropriate special accommodations. The State Board
5of Education shall develop such rules as may be needed to
6ensure uniformity from year to year in the level of difficulty
7for each form of an assessment.
8(Source: P.A. 97-607, eff. 8-26-11; 98-361, eff. 1-1-14;
998-581, eff. 8-27-13; revised 9-9-13.)
10 (105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
11 Sec. 27-24. Short title. Sections 27-24 through 27-24.10
1227-24.8 of this Article are known and may be cited as the
13Driver Education Act.
14(Source: P.A. 76-1835; revised 11-14-13.)
15 Section 275. The Critical Health Problems and
16Comprehensive Health Education Act is amended by changing
17Section 3 as follows:
18 (105 ILCS 110/3)
19 Sec. 3. Comprehensive Health Education Program. The
20program established under this Act shall include, but not be
21limited to, the following major educational areas as a basis
22for curricula in all elementary and secondary schools in this
23State: human ecology and health, human growth and development,

HB5597- 659 -LRB098 15874 AMC 50917 b
1the emotional, psychological, physiological, hygienic and
2social responsibilities of family life, including sexual
3abstinence until marriage, prevention and control of disease,
4including instruction in grades 6 through 12 on the prevention,
5transmission and spread of AIDS, age-appropriate sexual abuse
6and assault awareness and prevention education in grades
7pre-kindergarten through 12, public and environmental health,
8consumer health, safety education and disaster survival,
9mental health and illness, personal health habits, alcohol,
10drug use, and abuse including the medical and legal
11ramifications of alcohol, drug, and tobacco use, abuse during
12pregnancy, evidence-based and medically accurate information
13regarding sexual abstinence, tobacco, nutrition, and dental
14health. The program shall also provide course material and
15instruction to advise pupils of the Abandoned Newborn Infant
16Protection Act. The program shall include information about
17cancer, including without limitation types of cancer, signs and
18symptoms, risk factors, the importance of early prevention and
19detection, and information on where to go for help.
20Notwithstanding the above educational areas, the following
21areas may also be included as a basis for curricula in all
22elementary and secondary schools in this State: basic first aid
23(including, but not limited to, cardiopulmonary resuscitation
24and the Heimlich maneuver), heart disease, diabetes, stroke,
25the prevention of child abuse, neglect, and suicide, and teen
26dating violence in grades 7 through 12.

HB5597- 660 -LRB098 15874 AMC 50917 b
1 The school board of each public elementary and secondary
2school in the State shall encourage all teachers and other
3school personnel to acquire, develop, and maintain the
4knowledge and skills necessary to properly administer
5life-saving techniques, including without limitation the
6Heimlich maneuver and rescue breathing. The training shall be
7in accordance with standards of the American Red Cross, the
8American Heart Association, or another nationally recognized
9certifying organization. A school board may use the services of
10non-governmental entities whose personnel have expertise in
11life-saving techniques to instruct teachers and other school
12personnel in these techniques. Each school board is encouraged
13to have in its employ, or on its volunteer staff, at least one
14person who is certified, by the American Red Cross or by
15another qualified certifying agency, as qualified to
16administer first aid and cardiopulmonary resuscitation. In
17addition, each school board is authorized to allocate
18appropriate portions of its institute or inservice days to
19conduct training programs for teachers and other school
20personnel who have expressed an interest in becoming qualified
21to administer emergency first aid or cardiopulmonary
22resuscitation. School boards are urged to encourage their
23teachers and other school personnel who coach school athletic
24programs and other extracurricular school activities to
25acquire, develop, and maintain the knowledge and skills
26necessary to properly administer first aid and cardiopulmonary

HB5597- 661 -LRB098 15874 AMC 50917 b
1resuscitation in accordance with standards and requirements
2established by the American Red Cross or another qualified
3certifying agency. Subject to appropriation, the State Board of
4Education shall establish and administer a matching grant
5program to pay for half of the cost that a school district
6incurs in training those teachers and other school personnel
7who express an interest in becoming qualified to administer
8cardiopulmonary resuscitation (which training must be in
9accordance with standards of the American Red Cross, the
10American Heart Association, or another nationally recognized
11certifying organization) or in learning how to use an automated
12external defibrillator. A school district that applies for a
13grant must demonstrate that it has funds to pay half of the
14cost of the training for which matching grant money is sought.
15The State Board of Education shall award the grants on a
16first-come, first-serve basis.
17 No pupil shall be required to take or participate in any
18class or course on AIDS or family life instruction if his
19parent or guardian submits written objection thereto, and
20refusal to take or participate in the course or program shall
21not be reason for suspension or expulsion of the pupil.
22 Curricula developed under programs established in
23accordance with this Act in the major educational area of
24alcohol and drug use and abuse shall include classroom
25instruction in grades 5 through 12. The instruction, which
26shall include matters relating to both the physical and legal

HB5597- 662 -LRB098 15874 AMC 50917 b
1effects and ramifications of drug and substance abuse, shall be
2integrated into existing curricula; and the State Board of
3Education shall develop and make available to all elementary
4and secondary schools in this State instructional materials and
5guidelines which will assist the schools in incorporating the
6instruction into their existing curricula. In addition, school
7districts may offer, as part of existing curricula during the
8school day or as part of an after school program, support
9services and instruction for pupils or pupils whose parent,
10parents, or guardians are chemically dependent.
11(Source: P.A. 97-1147, eff. 1-24-13; 98-190, eff. 8-6-13;
1298-441, eff. 1-1-14; revised 9-9-13.)
13 Section 280. The Public Community College Act is amended by
14changing Section 2-16.02 as follows:
15 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
16 Sec. 2-16.02. Grants. Any community college district that
17maintains a community college recognized by the State Board
18shall receive, when eligible, grants enumerated in this
19Section. Funded semester credit hours or other measures or both
20as specified by the State Board shall be used to distribute
21grants to community colleges. Funded semester credit hours
22shall be defined, for purposes of this Section, as the greater
23of (1) the number of semester credit hours, or equivalent, in
24all funded instructional categories of students who have been

HB5597- 663 -LRB098 15874 AMC 50917 b
1certified as being in attendance at midterm during the
2respective terms of the base fiscal year or (2) the average of
3semester credit hours, or equivalent, in all funded
4instructional categories of students who have been certified as
5being in attendance at midterm during the respective terms of
6the base fiscal year and the 2 prior fiscal years. For purposes
7of this Section, "base fiscal year" means the fiscal year 2
8years prior to the fiscal year for which the grants are
9appropriated. Such students shall have been residents of
10Illinois and shall have been enrolled in courses that are part
11of instructional program categories approved by the State Board
12and that are applicable toward an associate degree or
13certificate. Courses that are eligible for reimbursement are
14those courses for which the district pays 50% or more of the
15program costs from unrestricted revenue sources, with the
16exception of courses offered by contract with the Department of
17Corrections in correctional institutions. For the purposes of
18this Section, "unrestricted revenue sources" means those
19revenues in which the provider of the revenue imposes no
20financial limitations upon the district as it relates to the
21expenditure of the funds. Except for Fiscal Year 2012, base
22operating grants shall be paid based on rates per funded
23semester credit hour or equivalent calculated by the State
24Board for funded instructional categories using cost of
25instruction, enrollment, inflation, and other relevant
26factors. For Fiscal Year 2012, the allocations for base

HB5597- 664 -LRB098 15874 AMC 50917 b
1operating grants to community college districts shall be the
2same as they were in Fiscal Year 2011, reduced or increased
3proportionately according to the appropriation for base
4operating grants for Fiscal Year 2012.
5 Equalization grants shall be calculated by the State Board
6by determining a local revenue factor for each district by: (A)
7adding (1) each district's Corporate Personal Property
8Replacement Fund allocations from the base fiscal year or the
9average of the base fiscal year and prior year, whichever is
10less, divided by the applicable statewide average tax rate to
11(2) the district's most recently audited year's equalized
12assessed valuation or the average of the most recently audited
13year and prior year, whichever is less, (B) then dividing by
14the district's audited full-time equivalent resident students
15for the base fiscal year or the average for the base fiscal
16year and the 2 prior fiscal years, whichever is greater, and
17(C) then multiplying by the applicable statewide average tax
18rate. The State Board shall calculate a statewide weighted
19average threshold by applying the same methodology to the
20totals of all districts' Corporate Personal Property Tax
21Replacement Fund allocations, equalized assessed valuations,
22and audited full-time equivalent district resident students
23and multiplying by the applicable statewide average tax rate.
24The difference between the statewide weighted average
25threshold and the local revenue factor, multiplied by the
26number of full-time equivalent resident students, shall

HB5597- 665 -LRB098 15874 AMC 50917 b
1determine the amount of equalization funding that each district
2is eligible to receive. A percentage factor, as determined by
3the State Board, may be applied to the statewide threshold as a
4method for allocating equalization funding. A minimum
5equalization grant of an amount per district as determined by
6the State Board shall be established for any community college
7district which qualifies for an equalization grant based upon
8the preceding criteria, but becomes ineligible for
9equalization funding, or would have received a grant of less
10than the minimum equalization grant, due to threshold
11prorations applied to reduce equalization funding. As of July
121, 2013, a community college district eligible to receive an
13equalization grant based upon the preceding criteria must
14maintain a minimum required combined in-district tuition and
15universal fee rate per semester credit hour equal to 70% of the
16State-average combined rate, as determined by the State Board,
17or the total revenue received by the community college district
18from combined in-district tuition and universal fees must be at
19least 30% of the total revenue received by the community
20college district, as determined by the State Board, for
21equalization funding. As of July 1, 2004, a community college
22district must maintain a minimum required operating tax rate
23equal to at least 95% of its maximum authorized tax rate to
24qualify for equalization funding. This 95% minimum tax rate
25requirement shall be based upon the maximum operating tax rate
26as limited by the Property Tax Extension Limitation Law.

HB5597- 666 -LRB098 15874 AMC 50917 b
1 The State Board shall distribute such other grants as may
2be authorized or appropriated by the General Assembly.
3 Each community college district entitled to State grants
4under this Section must submit a report of its enrollment to
5the State Board not later than 30 days following the end of
6each semester, quarter, or term in a format prescribed by the
7State Board. These semester credit hours, or equivalent, shall
8be certified by each district on forms provided by the State
9Board. Each district's certified semester credit hours, or
10equivalent, are subject to audit pursuant to Section 3-22.1.
11 The State Board shall certify, prepare, and submit monthly
12vouchers to the State Comptroller setting forth an amount equal
13to one-twelfth of the grants approved by the State Board for
14base operating grants and equalization grants. The State Board
15shall prepare and submit to the State Comptroller vouchers for
16payments of other grants as appropriated by the General
17Assembly. If the amount appropriated for grants is different
18from the amount provided for such grants under this Act, the
19grants shall be proportionately reduced or increased
20accordingly.
21 For the purposes of this Section, "resident student" means
22a student in a community college district who maintains
23residency in that district or meets other residency definitions
24established by the State Board, and who was enrolled either in
25one of the approved instructional program categories in that
26district, or in another community college district to which the

HB5597- 667 -LRB098 15874 AMC 50917 b
1resident's district is paying tuition under Section 6-2 or with
2which the resident's district has entered into a cooperative
3agreement in lieu of such tuition.
4 For the purposes of this Section, a "full-time equivalent"
5student is equal to 30 semester credit hours.
6 The Illinois Community College Board Contracts and Grants
7Fund is hereby created in the State Treasury. Items of income
8to this fund shall include any grants, awards, endowments, or
9like proceeds, and where appropriate, other funds made
10available through contracts with governmental, public, and
11private agencies or persons. The General Assembly shall from
12time to time make appropriations payable from such fund for the
13support, improvement, and expenses of the State Board and
14Illinois community college districts.
15(Source: P.A. 97-72, eff. 7-1-11; 97-1160, eff. 2-1-13; 98-46,
16eff. 6-28-13; revised 8-12-13.)
17 Section 285. The Pawnbroker Regulation Act is amended by
18changing Section 7 as follows:
19 (205 ILCS 510/7) (from Ch. 17, par. 4657)
20 Sec. 7. Daily report.
21 (a) Except as provided in subsection (b), it shall be the
22duty of every pawnbroker to make out and deliver to the sheriff
23of the county in which such pawnbroker does business, on each
24day before the hours of 12 o'clock noon, a legible and exact

HB5597- 668 -LRB098 15874 AMC 50917 b
1copy from the standard record book, as required in Section 5 of
2this Act, that lists all personal property and any other
3valuable thing received on deposit or purchased during the
4preceding day, including the exact time when received or
5purchased, and a description of the person or person by whom
6left in pledge, or from whom the same were purchased; provided,
7that in cities or towns having 25,000 or more inhabitants, a
8copy of the such report shall at the same time also be
9delivered to the superintendent of police or the chief police
10officer of such city or town. Such report may be made by
11computer printout or input memory device if the format has been
12approved by the local law enforcement agency.
13 (b) In counties with more than 3,000,000 inhabitants, a
14pawnbroker must provide the daily report to the sheriff only if
15the pawnshop is located in an unincorporated area of the
16county. Pawnbrokers located in cities or towns in such counties
17must deliver such reports to the superintendent of police or
18the chief police officer of such city or town.
19(Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98; revised
2011-14-13.)
21 Section 290. The Alternative Health Care Delivery Act is
22amended by changing Section 30 as follows:
23 (210 ILCS 3/30)
24 Sec. 30. Demonstration program requirements. The

HB5597- 669 -LRB098 15874 AMC 50917 b
1requirements set forth in this Section shall apply to
2demonstration programs.
3 (a) (Blank).
4 (a-5) There shall be no more than the total number of
5postsurgical recovery care centers with a certificate of need
6for beds as of January 1, 2008.
7 (a-10) There shall be no more than a total of 9 children's
8respite care center alternative health care models in the
9demonstration program, which shall be located as follows:
10 (1) Two in the City of Chicago.
11 (2) One in Cook County outside the City of Chicago.
12 (3) A total of 2 in the area comprised of DuPage, Kane,
13 Lake, McHenry, and Will counties.
14 (4) A total of 2 in municipalities with a population of
15 50,000 or more and not located in the areas described in
16 paragraphs (1), (2), or (3).
17 (5) A total of 2 in rural areas, as defined by the
18 Health Facilities and Services Review Board.
19 No more than one children's respite care model owned and
20operated by a licensed skilled pediatric facility shall be
21located in each of the areas designated in this subsection
22(a-10).
23 (a-15) There shall be 5 authorized community-based
24residential rehabilitation center alternative health care
25models in the demonstration program.
26 (a-20) There shall be an authorized Alzheimer's disease

HB5597- 670 -LRB098 15874 AMC 50917 b
1management center alternative health care model in the
2demonstration program. The Alzheimer's disease management
3center shall be located in Will County, owned by a
4not-for-profit entity, and endorsed by a resolution approved by
5the county board before the effective date of this amendatory
6Act of the 91st General Assembly.
7 (a-25) There shall be no more than 10 birth center
8alternative health care models in the demonstration program,
9located as follows:
10 (1) Four in the area comprising Cook, DuPage, Kane,
11 Lake, McHenry, and Will counties, one of which shall be
12 owned or operated by a hospital and one of which shall be
13 owned or operated by a federally qualified health center.
14 (2) Three in municipalities with a population of 50,000
15 or more not located in the area described in paragraph (1)
16 of this subsection, one of which shall be owned or operated
17 by a hospital and one of which shall be owned or operated
18 by a federally qualified health center.
19 (3) Three in rural areas, one of which shall be owned
20 or operated by a hospital and one of which shall be owned
21 or operated by a federally qualified health center.
22 The first 3 birth centers authorized to operate by the
23Department shall be located in or predominantly serve the
24residents of a health professional shortage area as determined
25by the United States Department of Health and Human Services.
26There shall be no more than 2 birth centers authorized to

HB5597- 671 -LRB098 15874 AMC 50917 b
1operate in any single health planning area for obstetric
2services as determined under the Illinois Health Facilities
3Planning Act. If a birth center is located outside of a health
4professional shortage area, (i) the birth center shall be
5located in a health planning area with a demonstrated need for
6obstetrical service beds, as determined by the Health
7Facilities and Services Review Board or (ii) there must be a
8reduction in the existing number of obstetrical service beds in
9the planning area so that the establishment of the birth center
10does not result in an increase in the total number of
11obstetrical service beds in the health planning area.
12 (b) Alternative health care models, other than a model
13authorized under subsection (a-10) or (a-20), shall obtain a
14certificate of need from the Health Facilities and Services
15Review Board under the Illinois Health Facilities Planning Act
16before receiving a license by the Department. If, after
17obtaining its initial certificate of need, an alternative
18health care delivery model that is a community based
19residential rehabilitation center seeks to increase the bed
20capacity of that center, it must obtain a certificate of need
21from the Health Facilities and Services Review Board before
22increasing the bed capacity. Alternative health care models in
23medically underserved areas shall receive priority in
24obtaining a certificate of need.
25 (c) An alternative health care model license shall be
26issued for a period of one year and shall be annually renewed

HB5597- 672 -LRB098 15874 AMC 50917 b
1if the facility or program is in substantial compliance with
2the Department's rules adopted under this Act. A licensed
3alternative health care model that continues to be in
4substantial compliance after the conclusion of the
5demonstration program shall be eligible for annual renewals
6unless and until a different licensure program for that type of
7health care model is established by legislation, except that a
8postsurgical recovery care center meeting the following
9requirements may apply within 3 years after August 25, 2009
10(the effective date of Public Act 96-669) for a Certificate of
11Need permit to operate as a hospital:
12 (1) The postsurgical recovery care center shall apply
13 to the Health Facilities and Services Review Board for a
14 Certificate of Need permit to discontinue the postsurgical
15 recovery care center and to establish a hospital.
16 (2) If the postsurgical recovery care center obtains a
17 Certificate of Need permit to operate as a hospital, it
18 shall apply for licensure as a hospital under the Hospital
19 Licensing Act and shall meet all statutory and regulatory
20 requirements of a hospital.
21 (3) After obtaining licensure as a hospital, any
22 license as an ambulatory surgical treatment center and any
23 license as a postsurgical post-surgical recovery care
24 center shall be null and void.
25 (4) The former postsurgical recovery care center that
26 receives a hospital license must seek and use its best

HB5597- 673 -LRB098 15874 AMC 50917 b
1 efforts to maintain certification under Titles XVIII and
2 XIX of the federal Social Security Act.
3 The Department may issue a provisional license to any
4alternative health care model that does not substantially
5comply with the provisions of this Act and the rules adopted
6under this Act if (i) the Department finds that the alternative
7health care model has undertaken changes and corrections which
8upon completion will render the alternative health care model
9in substantial compliance with this Act and rules and (ii) the
10health and safety of the patients of the alternative health
11care model will be protected during the period for which the
12provisional license is issued. The Department shall advise the
13licensee of the conditions under which the provisional license
14is issued, including the manner in which the alternative health
15care model fails to comply with the provisions of this Act and
16rules, and the time within which the changes and corrections
17necessary for the alternative health care model to
18substantially comply with this Act and rules shall be
19completed.
20 (d) Alternative health care models shall seek
21certification under Titles XVIII and XIX of the federal Social
22Security Act. In addition, alternative health care models shall
23provide charitable care consistent with that provided by
24comparable health care providers in the geographic area.
25 (d-5) (Blank).
26 (e) Alternative health care models shall, to the extent

HB5597- 674 -LRB098 15874 AMC 50917 b
1possible, link and integrate their services with nearby health
2care facilities.
3 (f) Each alternative health care model shall implement a
4quality assurance program with measurable benefits and at
5reasonable cost.
6(Source: P.A. 96-31, eff. 6-30-09; 96-129, eff. 8-4-09; 96-669,
7eff. 8-25-09; 96-812, eff. 1-1-10; 96-1000, eff. 7-2-10;
896-1071, eff. 7-16-10; 96-1123, eff. 1-1-11; 97-135, eff.
97-14-11; 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; revised
1011-12-13.)
11 Section 295. The Illinois Clinical Laboratory and Blood
12Bank Act is amended by changing Section 7-101 as follows:
13 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
14 Sec. 7-101. Examination of specimens. A clinical
15laboratory shall examine specimens only at the request of (i) a
16licensed physician, (ii) a licensed dentist, (iii) a licensed
17podiatric physician, (iv) a licensed optometrist, (v) a
18licensed physician assistant in accordance with the written
19guidelines required under subdivision (3) of Section 4 and
20under Section 7.5 of the Physician Assistant Practice Act of
211987, (v-A) an advanced practice nurse in accordance with the
22written collaborative agreement required under Section 65-35
23of the Nurse Practice Act, (vi) an authorized law enforcement
24agency or, in the case of blood alcohol, at the request of the

HB5597- 675 -LRB098 15874 AMC 50917 b
1individual for whom the test is to be performed in compliance
2with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code,
3or (vii) a genetic counselor with the specific authority from a
4referral to order a test or tests pursuant to subsection (b) of
5Section 20 of the Genetic Counselor Licensing Act. If the
6request to a laboratory is oral, the physician or other
7authorized person shall submit a written request to the
8laboratory within 48 hours. If the laboratory does not receive
9the written request within that period, it shall note that fact
10in its records. For purposes of this Section, a request made by
11electronic mail or fax constitutes a written request.
12(Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14;
1398-214, eff. 8-9-13; revised 10-15-13.)
14 Section 300. The Abused and Neglected Long Term Care
15Facility Residents Reporting Act is amended by changing Section
164 as follows:
17 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
18 Sec. 4. Any long term care facility administrator, agent or
19employee or any physician, hospital, surgeon, dentist,
20osteopath, chiropractor, podiatric physician, accredited
21religious practitioner who provides treatment by spiritual
22means alone through prayer in accordance with the tenets and
23practices of the accrediting church, coroner, social worker,
24social services administrator, registered nurse, law

HB5597- 676 -LRB098 15874 AMC 50917 b
1enforcement officer, field personnel of the Department of
2Healthcare and Family Services, field personnel of the Illinois
3Department of Public Health and County or Municipal Health
4Departments, personnel of the Department of Human Services
5(acting as the successor to the Department of Mental Health and
6Developmental Disabilities or the Department of Public Aid),
7personnel of the Guardianship and Advocacy Commission,
8personnel of the State Fire Marshal, local fire department
9inspectors or other personnel, or personnel of the Illinois
10Department on Aging, or its subsidiary Agencies on Aging, or
11employee of a facility licensed under the Assisted Living and
12Shared Housing Act, having reasonable cause to believe any
13resident with whom they have direct contact has been subjected
14to abuse or neglect shall immediately report or cause a report
15to be made to the Department. Persons required to make reports
16or cause reports to be made under this Section include all
17employees of the State of Illinois who are involved in
18providing services to residents, including professionals
19providing medical or rehabilitation services and all other
20persons having direct contact with residents; and further
21include all employees of community service agencies who provide
22services to a resident of a public or private long term care
23facility outside of that facility. Any long term care surveyor
24of the Illinois Department of Public Health who has reasonable
25cause to believe in the course of a survey that a resident has
26been abused or neglected and initiates an investigation while

HB5597- 677 -LRB098 15874 AMC 50917 b
1on site at the facility shall be exempt from making a report
2under this Section but the results of any such investigation
3shall be forwarded to the central register in a manner and form
4described by the Department.
5 The requirement of this Act shall not relieve any long term
6care facility administrator, agent or employee of
7responsibility to report the abuse or neglect of a resident
8under Section 3-610 of the Nursing Home Care Act or under
9Section 3-610 of the ID/DD Community Care Act or under Section
102-107 of the Specialized Mental Health Rehabilitation Act of
112013.
12 In addition to the above persons required to report
13suspected resident abuse and neglect, any other person may make
14a report to the Department, or to any law enforcement officer,
15if such person has reasonable cause to suspect a resident has
16been abused or neglected.
17 This Section also applies to residents whose death occurs
18from suspected abuse or neglect before being found or brought
19to a hospital.
20 A person required to make reports or cause reports to be
21made under this Section who fails to comply with the
22requirements of this Section is guilty of a Class A
23misdemeanor.
24(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
25eff. 7-13-12; 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
26revised 9-9-13.)

HB5597- 678 -LRB098 15874 AMC 50917 b
1 Section 305. The Community Living Facilities Licensing Act
2is amended by changing Section 9 as follows:
3 (210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)
4 Sec. 9. Regular licenses.
5 (1) A regular license shall be valid for a one-year period
6from the date of authorization. A license is not transferable.
7 (2) Within 120 to 150 days prior to the date of expiration
8of the license, the licensee shall apply to the Department for
9renewal of the license. The procedure for renewing a valid
10license for a Community Living Facility shall be the same as
11for applying for the initial license, pursuant to subsections
12(1) through (4) of Section 7 of this Act. If the Department has
13determined on the basis of available documentation that the
14Community Living Facility is in substantial compliance with
15this Act and the rules promulgated under this Act, and has
16provided to the Department an accurate disclosure document in
17accordance with the Alzheimer's Disease and Related Dementias
18Special Care Disclosure Act, it shall renew the regular license
19for another one-year period.
20 (3) Whenever ownership of a facility is transferred from
21the licensee to any other person, agency, association,
22corporation, partnership, or organization, the transferee
23transferree must obtain a new probationary license. The
24transferee transferree shall notify the Department of the

HB5597- 679 -LRB098 15874 AMC 50917 b
1transfer and apply for a new license at least 30 days prior to
2final transfer. The requirement for an on-site inspection in
3Section 7 may be waived if the Department has conducted a
4survey of the Community Living Facility within the past 60 days
5and the survey disclosed substantial compliance with this Act
6and rules and regulations promulgated hereunder.
7(Source: P.A. 96-990, eff. 7-2-10; revised 9-11-13.)
8 Section 310. The Nursing Home Care Act is amended by
9changing Sections 3-112 and 3-304.1 as follows:
10 (210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)
11 Sec. 3-112. (a) Whenever ownership of a facility is
12transferred from the person named in the license to any other
13person, the transferee must obtain a new probationary license.
14The transferee shall notify the Department of the transfer and
15apply for a new license at least 30 days prior to final
16transfer.
17 (b) The transferor shall notify the Department at least 30
18days prior to final transfer. The transferor shall remain
19responsible for the operation of the facility until such time
20as a license is issued to the transferee transferree.
21(Source: P.A. 81-223; revised 9-11-13.)
22 (210 ILCS 45/3-304.1)
23 Sec. 3-304.1. Public computer access to information.

HB5597- 680 -LRB098 15874 AMC 50917 b
1 (a) The Department must make information regarding nursing
2homes in the State available to the public in electronic form
3on the World Wide Web, including all of the following
4information:
5 (1) who regulates nursing homes;
6 (2) information in the possession of the Department
7 that is listed in Sections 3-210 and 3-304;
8 (3) deficiencies and plans of correction;
9 (4) enforcement remedies;
10 (5) penalty letters;
11 (6) designation of penalty monies;
12 (7) the U.S. Department of Health and Human Services'
13 Health Care Financing Administration special projects or
14 federally required inspections;
15 (8) advisory standards;
16 (9) deficiency-free surveys;
17 (10) enforcement actions and enforcement summaries;
18 (11) distressed facilities; and
19 (12) the report submitted under Section 3-518; .
20 (13) (12) a link to the most recent facility cost
21 report filed with the Department of Healthcare and Family
22 Services;
23 (14) (13) a link to the most recent Consumer Choice
24 Information Report filed with the Department on Aging;
25 (15) (14) whether the facility is part of a chain; the
26 facility shall be deemed part of a chain if it meets

HB5597- 681 -LRB098 15874 AMC 50917 b
1 criteria established by the United States Department of
2 Health and Human Services that identify it as owned by a
3 chain organization;
4 (16) (15) whether the facility is a for-profit or
5 not-for-profit facility; and
6 (17) (16) whether the facility is or is part of a
7 continuing care retirement community.
8 (b) No fee or other charge may be imposed by the Department
9as a condition of accessing the information.
10 (c) The electronic public access provided through the World
11Wide Web shall be in addition to any other electronic or print
12distribution of the information.
13 (d) The information shall be made available as provided in
14this Section in the shortest practicable time after it is
15publicly available in any other form.
16(Source: P.A. 98-85, eff. 7-15-13; 98-505, eff. 1-1-14; revised
179-9-13.)
18 Section 315. The Emergency Medical Services (EMS) Systems
19Act is amended by changing Section 3.117 as follows:
20 (210 ILCS 50/3.117)
21 Sec. 3.117. Hospital Designations.
22 (a) The Department shall attempt to designate Primary
23Stroke Centers in all areas of the State.
24 (1) The Department shall designate as many certified

HB5597- 682 -LRB098 15874 AMC 50917 b
1 Primary Stroke Centers as apply for that designation
2 provided they are certified by a nationally-recognized
3 certifying body, approved by the Department, and
4 certification criteria are consistent with the most
5 current nationally-recognized, evidence-based stroke
6 guidelines related to reducing the occurrence,
7 disabilities, and death associated with stroke.
8 (2) A hospital certified as a Primary Stroke Center by
9 a nationally-recognized certifying body approved by the
10 Department, shall send a copy of the Certificate to the
11 Department and shall be deemed, within 30 days of its
12 receipt by the Department, to be a State-designated Primary
13 Stroke Center.
14 (3) With respect to a hospital that is a designated
15 Primary Stroke Center, the Department shall have the
16 authority and responsibility to do the following:
17 (A) Suspend or revoke a hospital's Primary Stroke
18 Center designation upon receiving notice that the
19 hospital's Primary Stroke Center certification has
20 lapsed or has been revoked by the State recognized
21 certifying body.
22 (B) Suspend a hospital's Primary Stroke Center
23 designation, in extreme circumstances where patients
24 may be at risk for immediate harm or death, until such
25 time as the certifying body investigates and makes a
26 final determination regarding certification.

HB5597- 683 -LRB098 15874 AMC 50917 b
1 (C) Restore any previously suspended or revoked
2 Department designation upon notice to the Department
3 that the certifying body has confirmed or restored the
4 Primary Stroke Center certification of that previously
5 designated hospital.
6 (D) Suspend a hospital's Primary Stroke Center
7 designation at the request of a hospital seeking to
8 suspend its own Department designation.
9 (4) Primary Stroke Center designation shall remain
10 valid at all times while the hospital maintains its
11 certification as a Primary Stroke Center, in good standing,
12 with the certifying body. The duration of a Primary Stroke
13 Center designation shall coincide with the duration of its
14 Primary Stroke Center certification. Each designated
15 Primary Stroke Center shall have its designation
16 automatically renewed upon the Department's receipt of a
17 copy of the accrediting body's certification renewal.
18 (5) A hospital that no longer meets
19 nationally-recognized, evidence-based standards for
20 Primary Stroke Centers, or loses its Primary Stroke Center
21 certification, shall immediately notify the Department and
22 the Regional EMS Advisory Committee.
23 (b) The Department shall attempt to designate hospitals as
24Emergent Stroke Ready Hospitals capable of providing emergent
25stroke care in all areas of the State.
26 (1) The Department shall designate as many Emergent

HB5597- 684 -LRB098 15874 AMC 50917 b
1 Stroke Ready Hospitals as apply for that designation as
2 long as they meet the criteria in this Act.
3 (2) Hospitals may apply for, and receive, Emergent
4 Stroke Ready Hospital designation from the Department,
5 provided that the hospital attests, on a form developed by
6 the Department in consultation with the State Stroke
7 Advisory Subcommittee, that it meets, and will continue to
8 meet, the criteria for Emergent Stroke Ready Hospital
9 designation.
10 (3) Hospitals seeking Emergent Stroke Ready Hospital
11 designation shall develop policies and procedures that
12 consider nationally-recognized, evidence-based protocols
13 for the provision of emergent stroke care. Hospital
14 policies relating to emergent stroke care and stroke
15 patient outcomes shall be reviewed at least annually, or
16 more often as needed, by a hospital committee that oversees
17 quality improvement. Adjustments shall be made as
18 necessary to advance the quality of stroke care delivered.
19 Criteria for Emergent Stroke Ready Hospital designation of
20 hospitals shall be limited to the ability of a hospital to:
21 (A) create written acute care protocols related to
22 emergent stroke care;
23 (B) maintain a written transfer agreement with one
24 or more hospitals that have neurosurgical expertise;
25 (C) designate a director of stroke care, which may
26 be a clinical member of the hospital staff or the

HB5597- 685 -LRB098 15874 AMC 50917 b
1 designee of the hospital administrator, to oversee the
2 hospital's stroke care policies and procedures;
3 (D) administer thrombolytic therapy, or
4 subsequently developed medical therapies that meet
5 nationally-recognized, evidence-based stroke
6 guidelines;
7 (E) conduct brain image tests at all times;
8 (F) conduct blood coagulation studies at all
9 times; and
10 (G) maintain a log of stroke patients, which shall
11 be available for review upon request by the Department
12 or any hospital that has a written transfer agreement
13 with the Emergent Stroke Ready Hospital.
14 (4) With respect to Emergent Stroke Ready Hospital
15 designation, the Department shall have the authority and
16 responsibility to do the following:
17 (A) Require hospitals applying for Emergent Stroke
18 Ready Hospital designation to attest, on a form
19 developed by the Department in consultation with the
20 State Stroke Advisory Subcommittee, that the hospital
21 meets, and will continue to meet, the criteria for an a
22 Emergent Stroke Ready Hospital.
23 (B) Designate a hospital as an Emergent Stroke
24 Ready Hospital no more than 20 business days after
25 receipt of an attestation that meets the requirements
26 for attestation.

HB5597- 686 -LRB098 15874 AMC 50917 b
1 (C) Require annual written attestation, on a form
2 developed by the Department in consultation with the
3 State Stroke Advisory Subcommittee, by Emergent Stroke
4 Ready Hospitals to indicate compliance with Emergent
5 Stroke Ready Hospital criteria, as described in this
6 Section, and automatically renew Emergent Stroke Ready
7 Hospital designation of the hospital.
8 (D) Issue an Emergency Suspension of Emergent
9 Stroke Ready Hospital designation when the Director,
10 or his or her designee, has determined that the
11 hospital no longer meets the Emergent Stroke Ready
12 Hospital criteria and an immediate and serious danger
13 to the public health, safety, and welfare exists. If
14 the Emergent Stroke Ready Hospital fails to eliminate
15 the violation immediately or within a fixed period of
16 time, not exceeding 10 days, as determined by the
17 Director, the Director may immediately revoke the
18 Emergent Stroke Ready Hospital designation. The
19 Emergent Stroke Ready Hospital may appeal the
20 revocation within 15 days after receiving the
21 Director's revocation order, by requesting an
22 administrative hearing.
23 (E) After notice and an opportunity for an
24 administrative hearing, suspend, revoke, or refuse to
25 renew an Emergent Stroke Ready Hospital designation,
26 when the Department finds the hospital is not in

HB5597- 687 -LRB098 15874 AMC 50917 b
1 substantial compliance with current Emergent Stroke
2 Ready Hospital criteria.
3 (c) The Department shall consult with the State Stroke
4Advisory Subcommittee for developing the designation and
5de-designation processes for Primary Stroke Centers and
6Emergent Stroke Ready Hospitals.
7(Source: P.A. 96-514, eff. 1-1-10; revised 11-12-13.)
8 Section 320. The End Stage Renal Disease Facility Act is
9amended by changing Section 60 as follows:
10 (210 ILCS 62/60)
11 Sec. 60. Notice of administrative actions; hearing
12procedures.
13 (a) Notice of all administrative actions taken under this
14Act shall be effected by registered mail, certified mail, or
15personal service and shall set forth the particular reasons for
16the proposed action and provide the applicant or licensee with
17an opportunity to request a hearing. If a hearing request is
18not received within 10 days after receipt of the notice of
19administrative action, the right to a hearing is waived.
20 (b) The procedure governing hearings authorized by this
21Section shall be in accordance with rules promulgated by the
22Department consistent with this Act. A hearing shall be
23conducted by the Director or by an individual designated in
24writing by the Director as administrative law judge. A full and

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1complete record shall be kept of all proceedings, including
2notice of hearing, complaint, and all other documents in the
3nature of pleadings, written motions filed in the proceedings,
4and the report and orders of the Director and administrative
5law judge. All testimony shall be reported but need not be
6transcribed unless the decision is appealed pursuant to Section
770 of this Act. Any interested party may obtain a copy or
8copies of the transcript on payment of the cost of preparing
9such copy or copies.
10 (c) The Director or administrative law judge shall, upon
11his own motion or on the written request of any party to the
12proceeding, issue subpoenas requiring the attendance and
13testimony of witnesses and subpoenas duces tecum requiring the
14production of books, papers, records or memoranda. The fees of
15witnesses for attendance and travel shall be the same as the
16fees of witnesses before any circuit court of this State. Such
17fees shall be paid when the witness is excused from further
18attendance. When the witness is subpoenaed at the instance of
19the Director or administrative law judge, such fees shall be
20paid in the same manner as other expenses of the Department.
21When the witness is subpoenaed at the instance of any other
22party to a proceeding, the Department may require that the cost
23of service of the subpoena or subpoena duces tecum and the fee
24of the witness be borne by the party at whose instance the
25witness is summoned. In such case, the Department, in its
26discretion, may require a deposit to cover the cost of such

HB5597- 689 -LRB098 15874 AMC 50917 b
1service and witness fees. A subpoena or subpoena duces tecum
2issued under this Section shall be served in the same manner as
3a subpoena issued by a court.
4 (d) Any circuit court of this State, upon the application
5of the Director or the application of any other party to the
6proceeding, may, in its discretion, compel the attendance of
7witnesses, the production of books, papers, records or
8memoranda, and the giving of testimony before the Director or
9administrative law judge conducting an investigation or
10holding a hearing authorized by this Act, by an attachment for
11contempt, or otherwise, in the same manner as production of
12evidence may be compelled before the court.
13 (e) The Director or administrative law judge, or any party
14in a hearing before the Department, may compel the attendance
15of witnesses and the production of books, papers, records, or
16memoranda.
17 (f) The Director or administrative law judge shall make
18findings of fact in such hearing and the Director shall render
19his decision within 60 days after the termination or waiving of
20the hearing unless he or she requires additional time for a
21proper disposition of the matter. When an a administrative law
22judge has conducted the hearing, the Director shall review the
23record and findings of fact before rendering a decision. A copy
24of the findings of fact and decision of the Director shall be
25served upon the applicant or licensee in person, by registered
26mail or by certified mail in the same manner as the service of

HB5597- 690 -LRB098 15874 AMC 50917 b
1the notice of hearing. The decision denying, suspending, or
2revoking a license shall become final 35 days after it is
3mailed or served, unless the applicant or licensee, within the
435-day period, petitions for review pursuant to Section 70 of
5this Act.
6(Source: P.A. 92-794, eff. 7-1-03; revised 11-13-13.)
7 Section 325. The Hospital Emergency Service Act is amended
8by changing Section 1.3 as follows:
9 (210 ILCS 80/1.3)
10 Sec. 1.3. Long-term acute care hospitals. For the purpose
11of this Act, general acute care hospitals designated by
12Medicare as long-term acute care hospitals are not required to
13provide hospital emergency services described in Section 1 of
14this Act. Hospitals defined in this Section may provide
15hospital emergency services at their option.
16 Any hospital defined in this Section that opts to
17discontinue emergency services described in Section 1 shall:
18 (1) comply with all provisions of the federal Emergency
19 Medical Treatment and & Labor Act (EMTALA);
20 (2) comply with all provisions required under the
21 Social Security Act;
22 (3) provide annual notice to communities in the
23 hospital's service area about available emergency medical
24 services; and

HB5597- 691 -LRB098 15874 AMC 50917 b
1 (4) make educational materials available to
2 individuals who are present at the hospital concerning the
3 availability of medical services within the hospital's
4 service area.
5 Long-term acute care hospitals that operate standby
6emergency services as of January 1, 2011 may discontinue
7hospital emergency services by notifying the Department of
8Public Health. Long-term acute care hospitals that operate
9basic or comprehensive emergency services must notify the
10Health Facilities and Services Review Board and follow the
11appropriate procedures.
12(Source: P.A. 97-667, eff. 1-13-12; revised 9-11-13.)
13 Section 330. The Language Assistance Services Act is
14amended by changing Section 15 as follows:
15 (210 ILCS 87/15)
16 Sec. 15. Language assistance services.
17 (a) To ensure insure access to health care information and
18services for limited-English-speaking or non-English-speaking
19residents and deaf residents, a health facility must do the
20following:
21 (1) Adopt and review annually a policy for providing
22 language assistance services to patients with language or
23 communication barriers. The policy shall include
24 procedures for providing, to the extent possible as

HB5597- 692 -LRB098 15874 AMC 50917 b
1 determined by the facility, the use of an interpreter
2 whenever a language or communication barrier exists,
3 except where the patient, after being informed of the
4 availability of the interpreter service, chooses to use a
5 family member or friend who volunteers to interpret. The
6 procedures shall be designed to maximize efficient use of
7 interpreters and minimize delays in providing interpreters
8 to patients. The procedures shall insure, to the extent
9 possible as determined by the facility, that interpreters
10 are available, either on the premises or accessible by
11 telephone, 24 hours a day. The facility shall annually
12 transmit to the Department of Public Health a copy of the
13 updated policy and shall include a description of the
14 facility's efforts to insure adequate and speedy
15 communication between patients with language or
16 communication barriers and staff.
17 (2) Develop, and post in conspicuous locations,
18 notices that advise patients and their families of the
19 availability of interpreters, the procedure for obtaining
20 an interpreter, and the telephone numbers to call for
21 filing complaints concerning interpreter service problems,
22 including, but not limited to, a TTY number for persons who
23 are deaf or hard of hearing. The notices shall be posted,
24 at a minimum, in the emergency room, the admitting area,
25 the facility entrance, and the outpatient area. Notices
26 shall inform patients that interpreter services are

HB5597- 693 -LRB098 15874 AMC 50917 b
1 available on request, shall list the languages most
2 commonly encountered at the facility for which interpreter
3 services are available, and shall instruct patients to
4 direct complaints regarding interpreter services to the
5 Department of Public Health, including the telephone
6 numbers to call for that purpose.
7 (3) Notify the facility's employees of the language
8 services available at the facility and train them on how to
9 make those language services available to patients.
10 (b) In addition, a health facility may do one or more of
11the following:
12 (1) Identify and record a patient's primary language
13 and dialect on one or more of the following: a patient
14 medical chart, hospital bracelet, bedside notice, or
15 nursing card.
16 (2) Prepare and maintain, as needed, a list of
17 interpreters who have been identified as proficient in sign
18 language according to the Interpreter for the Deaf
19 Licensure Act of 2007 Interpreters for the Deaf Act and a
20 list of the languages of the population of the geographical
21 area served by the facility.
22 (3) Review all standardized written forms, waivers,
23 documents, and informational materials available to
24 patients on admission to determine which to translate into
25 languages other than English.
26 (4) Consider providing its nonbilingual staff with

HB5597- 694 -LRB098 15874 AMC 50917 b
1 standardized picture and phrase sheets for use in routine
2 communications with patients who have language or
3 communication barriers.
4 (5) Develop community liaison groups to enable the
5 facility and the limited-English-speaking,
6 non-English-speaking, and deaf communities to ensure
7 insure the adequacy of the interpreter services.
8(Source: P.A. 95-667, eff. 10-11-07; revised 10-7-13.)
9 Section 335. The Mobile Home Park Act is amended by
10changing Section 2 as follows:
11 (210 ILCS 115/2) (from Ch. 111 1/2, par. 712)
12 Sec. 2. Unless the context clearly requires otherwise, the
13words and phrases set forth in the Sections following this
14Section and preceding Section 3 Sections 2.1 to 2.9 inclusive,
15shall have the meanings set forth in this Act.
16(Source: P.A. 78-1170; revised 11-13-13.)
17 Section 340. The Illinois Insurance Code is amended by
18changing Section 500-100 as follows:
19 (215 ILCS 5/500-100)
20 (Section scheduled to be repealed on January 1, 2017)
21 Sec. 500-100. Limited lines producer license.
22 (a) An individual who is at least 18 years of age and whom

HB5597- 695 -LRB098 15874 AMC 50917 b
1the Director considers to be competent, trustworthy, and of
2good business reputation may obtain a limited lines producer
3license for one or more of the following classes:
4 (1) insurance on baggage or limited travel health,
5 accident, or trip cancellation insurance sold in
6 connection with transportation provided by a common
7 carrier;
8 (2) industrial life insurance, as defined in Section
9 228 of this Code;
10 (3) industrial accident and health insurance, as
11 defined in Section 368 of this Code;
12 (4) insurance issued by a company organized under the
13 Farm Mutual Insurance Company Act of 1986;
14 (5) legal expense insurance;
15 (6) enrollment of recipients of public aid or medicare
16 in a health maintenance organization;
17 (7) a limited health care plan issued by an
18 organization having a certificate of authority under the
19 Limited Health Service Organization Act;
20 (8) credit life and credit accident and health
21 insurance and other credit insurance policies approved or
22 permitted by the Director; a credit insurance company must
23 conduct a training program in which an applicant shall
24 receive basic instruction about the credit insurance
25 products that he or she they will be selling.
26 (b) The application for a limited lines producer license

HB5597- 696 -LRB098 15874 AMC 50917 b
1must be submitted on a form prescribed by the Director by a
2designee of the insurance company, health maintenance
3organization, or limited health service organization
4appointing the limited insurance representative. The insurance
5company, health maintenance organization, or limited health
6service organization must pay the fee required by Section
7500-135.
8 (c) A limited lines producer may represent more than one
9insurance company, health maintenance organization, or limited
10health service organization.
11 (d) An applicant who has met the requirements of this
12Section shall be issued a perpetual limited lines producer
13license.
14 (e) A limited lines producer license shall remain in effect
15as long as the appointing insurance company pays the respective
16fee required by Section 500-135 prior to January 1 of each
17year, unless the license is revoked or suspended pursuant to
18Section 500-70. Failure of the insurance company to pay the
19license fee or to submit the required documents shall cause
20immediate termination of the limited line insurance producer
21license with respect to which the failure occurs.
22 (f) A limited lines producer license may be terminated by
23the insurance company or the licensee.
24 (g) A person whom the Director considers to be competent,
25trustworthy, and of good business reputation may be issued a
26car rental limited line license. A car rental limited line

HB5597- 697 -LRB098 15874 AMC 50917 b
1license for a rental company shall remain in effect as long as
2the car rental limited line licensee pays the respective fee
3required by Section 500-135 prior to the next fee date unless
4the car rental license is revoked or suspended pursuant to
5Section 500-70. Failure of the car rental limited line licensee
6to pay the license fee or to submit the required documents
7shall cause immediate suspension of the car rental limited line
8license. A car rental limited line license for rental companies
9may be voluntarily terminated by the car rental limited line
10licensee. The license fee shall not be refunded upon
11termination of the car rental limited line license by the car
12rental limited line licensee.
13 (h) A limited lines producer issued a license pursuant to
14this Section is not subject to the requirements of Section
15500-30.
16 (i) A limited lines producer license must contain the name,
17address and personal identification number of the licensee, the
18date the license was issued, general conditions relative to the
19license's expiration or termination, and any other information
20the Director considers proper. A limited line producer license,
21if applicable, must also contain the name and address of the
22appointing insurance company.
23(Source: P.A. 98-159, eff. 8-2-13; revised 11-12-13.)
24 Section 345. The Reinsurance Intermediary Act is amended by
25changing Sections 20 and 45 as follows:

HB5597- 698 -LRB098 15874 AMC 50917 b
1 (215 ILCS 100/20) (from Ch. 73, par. 1620)
2 Sec. 20. Books and records; reinsurance intermediary
3brokers.
4 (a) For at least 10 years after expiration of each contract
5of reinsurance transacted by it, the intermediary broker shall
6keep a complete record for each transaction showing:
7 (1) The type of contract, limits, underwriting
8 restrictions, classes or risks, and territory.
9 (2) Period of coverage, including effective and
10 expiration dates, cancellation provisions, and notice
11 required of cancellations.
12 (3) Reporting and settlement requirements of balances.
13 (4) Rate used to compute the reinsurance premium.
14 (5) Names and addresses of assuming reinsurers.
15 (6) Rates of all reinsurance commissions, including
16 the commissions on any retrocessions handled by the
17 intermediary broker.
18 (7) Related correspondence and memoranda.
19 (8) Proof of placement.
20 (9) Details regarding retrocessions handled by the
21 intermediary broker including the identity of
22 retrocessionaires and percentage of each contract assumed
23 or ceded.
24 (10) Financial records including, but not limited to,
25 premium and loss accounts.

HB5597- 699 -LRB098 15874 AMC 50917 b
1 (11) When an a intermediary broker procures a
2 reinsurance contract on behalf of a licensed ceding
3 insurer:
4 (A) directly from any assuming reinsurer, written
5 evidence that the assuming reinsurer has agreed to
6 assume the risk;
7 (B) if placed through a representative of the
8 assuming reinsurer, other than an employee, written
9 evidence that the reinsurer has delegated binding
10 authority to the representative.
11 (b) The insurer shall have access and the right to copy and
12audit all accounts and records maintained by the intermediary
13broker related to its business in a form usable by the insurer.
14(Source: P.A. 87-108; revised 11-13-13.)
15 (215 ILCS 100/45) (from Ch. 73, par. 1645)
16 Sec. 45. Duties of reinsurers utilizing the services of a
17reinsurance intermediary manager.
18 (a) A reinsurer shall not engage the services of any
19person, firm, association, or corporation to act as an a
20intermediary manager on its behalf unless the person is
21licensed as required by Section 10.
22 (b) The reinsurer shall annually obtain a copy of
23statements, audited by an independent certified public
24accountant in a form acceptable to the Director, of the
25financial condition of each intermediary manager that the

HB5597- 700 -LRB098 15874 AMC 50917 b
1reinsurer has contracted.
2 (c) If an intermediary manager establishes loss reserves,
3the reinsurer shall annually obtain the opinion of an actuary
4attesting to the adequacy of loss reserves established for
5losses incurred and outstanding on business produced by the
6intermediary manager. This opinion shall be in addition to any
7other required loss reserve certification.
8 (d) Binding authority for all retrocessional contracts or
9participation in reinsurance syndicates shall rest with an
10officer of the reinsurer who shall not be affiliated with the
11intermediary manager.
12 (e) Within 30 days of termination of a contract with an
13intermediary manager, the reinsurer shall provide written
14notification of termination to the Director.
15 (f) A reinsurer shall not appoint to its board of
16directors, any officer, director, employee, controlling
17shareholder, or subproducer of its intermediary manager. This
18subsection shall not apply to relationships governed by the
19Holding Company Act.
20(Source: P.A. 87-108; revised 11-14-13.)
21 Section 350. The Illinois Health Benefits Exchange Law is
22amended by changing Section 5-10 as follows:
23 (215 ILCS 122/5-10)
24 Sec. 5-10. Exchange functions.

HB5597- 701 -LRB098 15874 AMC 50917 b
1 (a) The Illinois Health Benefits Exchange shall meet the
2core functions identified by Section 1311 of the Patient
3Protection and Affordable Care Act and subsequent federal
4guidance and regulations.
5 (b) In order to meet the deadline of October 1, 2013
6established by federal law to have operational a State
7exchange, the Department of Insurance and the Commission on
8Government Governmental Forecasting and Accountability is
9authorized to apply for, accept, receive, and use as
10appropriate for and on behalf of the State any grant money
11provided by the federal government and to share federal grant
12funding with, give support to, and coordinate with other
13agencies of the State and federal government or third parties
14as determined by the Governor.
15(Source: P.A. 97-142, eff. 7-14-11; revised 9-11-13.)
16 Section 355. The Viatical Settlements Act of 2009 is
17amended by changing Section 72 as follows:
18 (215 ILCS 159/72)
19 Sec. 72. Crimes and offenses.
20 (a) A person acting in this State as a viatical settlement
21provider without having been licensed pursuant to Section 10 of
22this Act who willfully violates any provision of this Act or
23any rule adopted or order issued under this Act is guilty of a
24Class A misdemeanor and may be subject to a fine of not more

HB5597- 702 -LRB098 15874 AMC 50917 b
1than $3,000. When such violation results in a loss of more than
2$10,000, the person shall be guilty of a Class 3 felony and may
3be subject to a fine of not more than $10,000.
4 (b) A person acting in this State as a viatical settlement
5broker without having met the licensure and notification
6requirements established by Section 10 of this Act who
7willfully violates any provision of this Act or any rule
8adopted or order issued under this Act is guilty of a Class A
9misdemeanor and may be subject to a fine of not more than
10$3,000. When such violation results in a loss of more than
11$10,000, the person shall be guilty of a Class 3 felony and may
12be subject to a fine of not more than $10,000.
13 (c) The Director may refer such evidence as is available
14concerning violations of this Act or any rule adopted or order
15issued under this Act or of the failure of a person to comply
16with the licensing requirements of this Act to the Attorney
17General or the proper county attorney who may, with or without
18such reference, institute the appropriate criminal proceedings
19under this Act.
20 (d) A person commits the offense of viatical settlement
21fraud when:
22 (1) For the purpose of depriving another of property or
23 for pecuniary gain any person knowingly:
24 (A) presents, causes to be presented, or prepares
25 with knowledge or belief that it will be presented to
26 or by a viatical settlement provider, viatical

HB5597- 703 -LRB098 15874 AMC 50917 b
1 settlement broker, life expectancy provider, viatical
2 settlement purchaser, financing entity, insurer,
3 insurance producer, or any other person, false
4 material information, or conceals material
5 information, as part of, in support of or concerning a
6 fact material to one or more of the following:
7 (i) an application for the issuance of a
8 viatical settlement contract or insurance policy;
9 (ii) the underwriting of a viatical settlement
10 contract or insurance policy;
11 (iii) a claim for payment or benefit pursuant
12 to a viatical settlement contract or insurance
13 policy;
14 (iv) premiums paid on an insurance policy;
15 (v) payments and changes in ownership or
16 beneficiary made in accordance with the terms of a
17 viatical settlement contract or insurance policy;
18 (vi) the reinstatement or conversion of an
19 insurance policy;
20 (vii) in the solicitation, offer,
21 effectuation, or sale of a viatical settlement
22 contract or insurance policy;
23 (viii) the issuance of written evidence of a
24 viatical settlement contract or insurance; or
25 (ix) a financing transaction; or
26 (B) employs any plan, financial structure, device,

HB5597- 704 -LRB098 15874 AMC 50917 b
1 scheme, or artifice to defraud related to viaticated
2 policies; or
3 (C) enters into any act, practice, or arrangement
4 which involves stranger-originated life insurance; .
5 (2) In furtherance of a scheme to defraud, to further a
6 fraud, or to prevent or hinder the detection of a scheme to
7 defraud any person knowingly does or permits his employees
8 or agents to do any of the following:
9 (A) remove, conceal, alter, destroy, or sequester
10 from the Director the assets or records of a licensee
11 or other person engaged in the business of viatical
12 settlements;
13 (B) misrepresent or conceal the financial
14 condition of a licensee, financing entity, insurer, or
15 other person;
16 (C) transact the business of viatical settlements
17 in violation of laws requiring a license, certificate
18 of authority, or other legal authority for the
19 transaction of the business of viatical settlements;
20 or
21 (D) file with the Director or the equivalent chief
22 insurance regulatory official of another jurisdiction
23 a document containing false information or otherwise
24 conceals information about a material fact from the
25 Director;
26 (3) Any person knowingly steals, misappropriates, or

HB5597- 705 -LRB098 15874 AMC 50917 b
1 converts monies, funds, premiums, credits, or other
2 property of a viatical settlement provider, insurer,
3 insured, viator, insurance policyowner, or any other
4 person engaged in the business of viatical settlements or
5 insurance;
6 (4) Any person recklessly enters into, negotiates,
7 brokers, or otherwise deals in a viatical settlement
8 contract, the subject of which is a life insurance policy
9 that was obtained by presenting false information
10 concerning any fact material to the policy or by
11 concealing, for the purpose of misleading another,
12 information concerning any fact material to the policy,
13 where the person or the persons intended to defraud the
14 policy's issuer, the viatical settlement provider or the
15 viator; or
16 (5) Any person facilitates the change of state of
17 ownership of a policy or the state of residency of a viator
18 to a state or jurisdiction that does not have a law similar
19 to this Act for the express purposes of evading or avoiding
20 the provisions of this Act.
21 (e) For purposes of this Section, "person" means (i) an
22individual, (ii) a corporation, (iii) an officer, agent, or
23employee of a corporation, (iv) a member, agent, or employee of
24a partnership, or (v) a member, manager, employee, officer,
25director, or agent of a limited liability company who, in any
26such capacity described by this subsection (e), commits

HB5597- 706 -LRB098 15874 AMC 50917 b
1viatical settlement fraud.
2(Source: P.A. 96-736, eff. 7-1-10; 97-813, eff. 7-13-12;
3revised 11-14-13.)
4 Section 360. The Health Carrier External Review Act is
5amended by changing Section 10 as follows:
6 (215 ILCS 180/10)
7 Sec. 10. Definitions. For the purposes of this Act:
8 "Adverse determination" means:
9 (1) a determination by a health carrier or its designee
10 utilization review organization that, based upon the
11 information provided, a request for a benefit under the
12 health carrier's health benefit plan upon application of
13 any utilization review technique does not meet the health
14 carrier's requirements for medical necessity,
15 appropriateness, health care setting, level of care, or
16 effectiveness or is determined to be experimental or
17 investigational and the requested benefit is therefore
18 denied, reduced, or terminated or payment is not provided
19 or made, in whole or in part, for the benefit;
20 (2) the denial, reduction, or termination of or failure
21 to provide or make payment, in whole or in part, for a
22 benefit based on a determination by a health carrier or its
23 designee utilization review organization that a
24 preexisting condition was present before the effective

HB5597- 707 -LRB098 15874 AMC 50917 b
1 date of coverage; or
2 (3) a rescission recission of coverage determination,
3 which does not include a cancellation or discontinuance of
4 coverage that is attributable to a failure to timely pay
5 required premiums or contributions towards the cost of
6 coverage.
7 "Authorized representative" means:
8 (1) a person to whom a covered person has given express
9 written consent to represent the covered person for
10 purposes of this Law;
11 (2) a person authorized by law to provide substituted
12 consent for a covered person;
13 (3) a family member of the covered person or the
14 covered person's treating health care professional when
15 the covered person is unable to provide consent;
16 (4) a health care provider when the covered person's
17 health benefit plan requires that a request for a benefit
18 under the plan be initiated by the health care provider; or
19 (5) in the case of an urgent care request, a health
20 care provider with knowledge of the covered person's
21 medical condition.
22 "Best evidence" means evidence based on:
23 (1) randomized clinical trials;
24 (2) if randomized clinical trials are not available,
25 then cohort studies or case-control studies;
26 (3) if items (1) and (2) are not available, then

HB5597- 708 -LRB098 15874 AMC 50917 b
1 case-series; or
2 (4) if items (1), (2), and (3) are not available, then
3 expert opinion.
4 "Case-series" means an evaluation of a series of patients
5with a particular outcome, without the use of a control group.
6 "Clinical review criteria" means the written screening
7procedures, decision abstracts, clinical protocols, and
8practice guidelines used by a health carrier to determine the
9necessity and appropriateness of health care services.
10 "Cohort study" means a prospective evaluation of 2 groups
11of patients with only one group of patients receiving specific
12intervention.
13 "Concurrent review" means a review conducted during a
14patient's stay or course of treatment in a facility, the office
15of a health care professional, or other inpatient or outpatient
16health care setting.
17 "Covered benefits" or "benefits" means those health care
18services to which a covered person is entitled under the terms
19of a health benefit plan.
20 "Covered person" means a policyholder, subscriber,
21enrollee, or other individual participating in a health benefit
22plan.
23 "Director" means the Director of the Department of
24Insurance.
25 "Emergency medical condition" means a medical condition
26manifesting itself by acute symptoms of sufficient severity,

HB5597- 709 -LRB098 15874 AMC 50917 b
1including, but not limited to, severe pain, such that a prudent
2layperson who possesses an average knowledge of health and
3medicine could reasonably expect the absence of immediate
4medical attention to result in:
5 (1) placing the health of the individual or, with
6 respect to a pregnant woman, the health of the woman or her
7 unborn child, in serious jeopardy;
8 (2) serious impairment to bodily functions; or
9 (3) serious dysfunction of any bodily organ or part.
10 "Emergency services" means health care items and services
11furnished or required to evaluate and treat an emergency
12medical condition.
13 "Evidence-based standard" means the conscientious,
14explicit, and judicious use of the current best evidence based
15on an overall systematic review of the research in making
16decisions about the care of individual patients.
17 "Expert opinion" means a belief or an interpretation by
18specialists with experience in a specific area about the
19scientific evidence pertaining to a particular service,
20intervention, or therapy.
21 "Facility" means an institution providing health care
22services or a health care setting.
23 "Final adverse determination" means an adverse
24determination involving a covered benefit that has been upheld
25by a health carrier, or its designee utilization review
26organization, at the completion of the health carrier's

HB5597- 710 -LRB098 15874 AMC 50917 b
1internal grievance process procedures as set forth by the
2Managed Care Reform and Patient Rights Act.
3 "Health benefit plan" means a policy, contract,
4certificate, plan, or agreement offered or issued by a health
5carrier to provide, deliver, arrange for, pay for, or reimburse
6any of the costs of health care services.
7 "Health care provider" or "provider" means a physician,
8hospital facility, or other health care practitioner licensed,
9accredited, or certified to perform specified health care
10services consistent with State law, responsible for
11recommending health care services on behalf of a covered
12person.
13 "Health care services" means services for the diagnosis,
14prevention, treatment, cure, or relief of a health condition,
15illness, injury, or disease.
16 "Health carrier" means an entity subject to the insurance
17laws and regulations of this State, or subject to the
18jurisdiction of the Director, that contracts or offers to
19contract to provide, deliver, arrange for, pay for, or
20reimburse any of the costs of health care services, including a
21sickness and accident insurance company, a health maintenance
22organization, or any other entity providing a plan of health
23insurance, health benefits, or health care services. "Health
24carrier" also means Limited Health Service Organizations
25(LHSO) and Voluntary Health Service Plans.
26 "Health information" means information or data, whether

HB5597- 711 -LRB098 15874 AMC 50917 b
1oral or recorded in any form or medium, and personal facts or
2information about events or relationships that relate to:
3 (1) the past, present, or future physical, mental, or
4 behavioral health or condition of an individual or a member
5 of the individual's family;
6 (2) the provision of health care services to an
7 individual; or
8 (3) payment for the provision of health care services
9 to an individual.
10 "Independent review organization" means an entity that
11conducts independent external reviews of adverse
12determinations and final adverse determinations.
13 "Medical or scientific evidence" means evidence found in
14the following sources:
15 (1) peer-reviewed scientific studies published in or
16 accepted for publication by medical journals that meet
17 nationally recognized requirements for scientific
18 manuscripts and that submit most of their published
19 articles for review by experts who are not part of the
20 editorial staff;
21 (2) peer-reviewed medical literature, including
22 literature relating to therapies reviewed and approved by a
23 qualified institutional review board, biomedical
24 compendia, and other medical literature that meet the
25 criteria of the National Institutes of Health's Library of
26 Medicine for indexing in Index Medicus (Medline) and

HB5597- 712 -LRB098 15874 AMC 50917 b
1 Elsevier Science Ltd. for indexing in Excerpta Medicus
2 (EMBASE);
3 (3) medical journals recognized by the Secretary of
4 Health and Human Services under Section 1861(t)(2) of the
5 federal Social Security Act;
6 (4) the following standard reference compendia:
7 (a) The American Hospital Formulary Service-Drug
8 Information;
9 (b) Drug Facts and Comparisons;
10 (c) The American Dental Association Accepted
11 Dental Therapeutics; and
12 (d) The United States Pharmacopoeia-Drug
13 Information;
14 (5) findings, studies, or research conducted by or
15 under the auspices of federal government agencies and
16 nationally recognized federal research institutes,
17 including:
18 (a) the federal Agency for Healthcare Research and
19 Quality;
20 (b) the National Institutes of Health;
21 (c) the National Cancer Institute;
22 (d) the National Academy of Sciences;
23 (e) the Centers for Medicare & Medicaid Services;
24 (f) the federal Food and Drug Administration; and
25 (g) any national board recognized by the National
26 Institutes of Health for the purpose of evaluating the

HB5597- 713 -LRB098 15874 AMC 50917 b
1 medical value of health care services; or
2 (6) any other medical or scientific evidence that is
3 comparable to the sources listed in items (1) through (5).
4 "Person" means an individual, a corporation, a
5partnership, an association, a joint venture, a joint stock
6company, a trust, an unincorporated organization, any similar
7entity, or any combination of the foregoing.
8 "Prospective review" means a review conducted prior to an
9admission or the provision of a health care service or a course
10of treatment in accordance with a health carrier's requirement
11that the health care service or course of treatment, in whole
12or in part, be approved prior to its provision.
13 "Protected health information" means health information
14(i) that identifies an individual who is the subject of the
15information; or (ii) with respect to which there is a
16reasonable basis to believe that the information could be used
17to identify an individual.
18 "Randomized clinical trial" means a controlled prospective
19study of patients that have been randomized into an
20experimental group and a control group at the beginning of the
21study with only the experimental group of patients receiving a
22specific intervention, which includes study of the groups for
23variables and anticipated outcomes over time.
24 "Retrospective review" means any review of a request for a
25benefit that is not a concurrent or prospective review request.
26"Retrospective review" does not include the review of a claim

HB5597- 714 -LRB098 15874 AMC 50917 b
1that is limited to veracity of documentation or accuracy of
2coding.
3 "Utilization review" has the meaning provided by the
4Managed Care Reform and Patient Rights Act.
5 "Utilization review organization" means a utilization
6review program as defined in the Managed Care Reform and
7Patient Rights Act.
8(Source: P.A. 96-857, eff. 7-1-10; 97-574, eff. 8-26-11;
997-813, eff. 7-13-12; revised 11-14-13.)
10 Section 365. The Public Utilities Act is amended by
11changing Sections 13-903 and 21-401 as follows:
12 (220 ILCS 5/13-903)
13 (Section scheduled to be repealed on July 1, 2015)
14 Sec. 13-903. Authorization, verification or notification,
15and dispute resolution for covered product and service charges
16on the telephone bill.
17 (a) Definitions. As used in this Section:
18 (1) "Subscriber" means a telecommunications carrier's
19 retail business customer served by not more than 20 lines
20 or a retail residential customer.
21 (2) "Telecommunications carrier" has the meaning given
22 in Section 13-202 of the Public Utilities Act and includes
23 agents and employees of a telecommunications carrier,
24 except that "telecommunications carrier" does not include

HB5597- 715 -LRB098 15874 AMC 50917 b
1 a provider of commercial mobile radio services (as defined
2 by 47 U.S.C. 332(d)(1)).
3 (b) Applicability of Section. This Section does not apply
4to:
5 (1) changes in a subscriber's local exchange
6 telecommunications service or interexchange
7 telecommunications service;
8 (2) message telecommunications charges that are
9 initiated by dialing 1+, 0+, 0-, 1010XXX, or collect calls
10 and charges for video services if the service provider has
11 the necessary call detail record to establish the billing
12 for the call or service; and
13 (3) telecommunications services available on a
14 subscriber's line when the subscriber activates and pays
15 for the services on a per use basis.
16 (c) Requirements for billing authorized charges. A
17telecommunications carrier shall meet all of the following
18requirements before submitting charges for any product or
19service to be billed on any subscriber's telephone bill:
20 (1) Inform the subscriber. The telecommunications
21 carrier offering the product or service must thoroughly
22 inform the subscriber of the product or service being
23 offered, including all associated charges, and explicitly
24 inform the subscriber that the associated charges for the
25 product or service will appear on the subscriber's
26 telephone bill.

HB5597- 716 -LRB098 15874 AMC 50917 b
1 (2) Obtain subscriber authorization. The subscriber
2 must have clearly and explicitly consented to obtaining the
3 product or service offered and to having the associated
4 charges appear on the subscriber's telephone bill. The
5 consent must be verified by the service provider in
6 accordance with subsection (d) of this Section. A record of
7 the consent must be maintained by the telecommunications
8 carrier offering the product or service for at least 24
9 months immediately after the consent and verification were
10 obtained.
11 (d) Verification or notification. Except in
12subscriber-initiated transactions with a certificated
13telecommunications carrier for which the telecommunications
14carrier has the appropriate documentation, the
15telecommunications carrier, after obtaining the subscriber's
16authorization in the required manner, shall either verify the
17authorization or notify the subscriber as follows:
18 (1) Independent third-party verification:
19 (A) Verification shall be obtained by an
20 independent third party that:
21 (i) operates from a facility physically
22 separate from that of the telecommunications
23 carrier;
24 (ii) is not directly or indirectly managed,
25 controlled, directed, or owned wholly or in part by
26 the telecommunications carrier or the carrier's

HB5597- 717 -LRB098 15874 AMC 50917 b
1 marketing agent; and
2 (iii) does not derive commissions or
3 compensation based upon the number of sales
4 confirmed.
5 (B) The third-party verification agent shall
6 state, and shall obtain the subscriber's
7 acknowledgment of, the following disclosures:
8 (i) the subscriber's name, address, and the
9 telephone numbers of all telephone lines that will
10 be charged for the product or service of the
11 telecommunications carrier;
12 (ii) that the person speaking to the third
13 party verification agent is in fact the
14 subscriber;
15 (iii) that the subscriber wishes to purchase
16 the product or service of the telecommunications
17 carrier and is agreeing to do so;
18 (iv) that the subscriber understands that the
19 charges for the product or service of the
20 telecommunications carrier will appear on the
21 subscriber's telephone bill; and
22 (v) the name and customer service telephone
23 number of the telecommunications carrier.
24 (C) The telecommunications carrier shall retain,
25 electronically or otherwise, proof of the verification
26 of sales for a minimum of 24 months.

HB5597- 718 -LRB098 15874 AMC 50917 b
1 (2) Notification. Written notification shall be
2 provided as follows:
3 (A) the telecommunications carrier shall mail a
4 letter to the subscriber using first class mail,
5 postage prepaid, no later than 10 days after initiation
6 of the product or service;
7 (B) the letter shall be a separate document sent
8 for the sole purpose of describing the product or
9 service of the telecommunications carrier;
10 (C) the letter shall be printed with 10-point or
11 larger type and clearly and conspicuously disclose the
12 material terms and conditions of the offer of the
13 telecommunications carrier, as described in paragraph
14 (1) of subsection (c);
15 (D) the letter shall contain a toll-free telephone
16 number the subscriber can call to cancel the product or
17 service;
18 (E) the telecommunications carrier shall retain,
19 electronically or otherwise, proof of written
20 notification for a minimum of 24 months; and
21 (F) written notification can be provided via
22 electronic mail if consumers are given the disclosures
23 required by Section 101(c) of the Electronic
24 Signatures in Global and National Commerce Act.
25 (e) Unauthorized charges.
26 (1) Responsibilities of the billing telecommunications

HB5597- 719 -LRB098 15874 AMC 50917 b
1 carrier for unauthorized charges. If a subscriber's
2 telephone bill is charged for any product or service
3 without proper subscriber authorization and verification
4 or notification of authorization in compliance with this
5 Section, the telecommunications carrier that billed the
6 subscriber, on its knowledge or notification of any
7 unauthorized charge, shall promptly, but not later than 45
8 days after the date of the knowledge or notification of an
9 unauthorized charge:
10 (A) notify the product or service provider to
11 immediately cease charging the subscriber for the
12 unauthorized product or service;
13 (B) remove the unauthorized charge from the
14 subscriber's bill; and
15 (C) refund or credit to the subscriber all money
16 that the subscriber has paid for any unauthorized
17 charge.
18 (f) The Commission shall promulgate any rules necessary to
19ensure that subscribers are not billed on the telephone bill
20for products or services in a manner not in compliance with
21this Section. The rules promulgated under this Section shall
22comport with the rules, if any, promulgated by the Attorney
23General pursuant to the Consumer Fraud and Deceptive Business
24Practices Act and with any rules promulgated by the Federal
25Communications Commission or Federal Trade Commission.
26 (g) Complaints may be filed with the Commission under this

HB5597- 720 -LRB098 15874 AMC 50917 b
1Section by a subscriber who has been billed on the telephone
2bill for products or services not in compliance with this
3Section or by the Commission on its own motion. Upon filing of
4the complaint, the parties may mutually agree to submit the
5complaint to the Commission's established mediation process.
6Remedies in the mediation process may include, but shall not be
7limited to, the remedies set forth in paragraphs (1) through
8(4) of this subsection. In its discretion, the Commission may
9deny the availability of the mediation process and submit the
10complaint to hearings. If the complaint is not submitted to
11mediation or if no agreement is reached during the mediation
12process, hearings shall be held on the complaint pursuant to
13Article X 10 of this Act. If after notice and hearing, the
14Commission finds that a telecommunications carrier has
15violated this Section or a rule promulgated under this Section,
16the Commission may in its discretion order any one or more of
17the following:
18 (1) Require the violating telecommunications carrier
19 to pay a fine of up to $1,000 into the Public Utility Fund
20 for each repeated and intentional violation of this
21 Section.
22 (2) Require the violating carrier to refund or cancel
23 all charges for products or services not billed in
24 compliance with this Section.
25 (3) Issue a cease and desist order.
26 (4) For a pattern of violation of this Section or for

HB5597- 721 -LRB098 15874 AMC 50917 b
1 intentionally violating a cease and desist order, revoke
2 the violating telecommunications carrier's certificate of
3 service authority.
4(Source: P.A. 92-22, eff. 6-30-01; revised 11-12-13.)
5 (220 ILCS 5/21-401)
6 (Section scheduled to be repealed on July 1, 2015)
7 Sec. 21-401. Applications.
8 (a)(1) A person or entity seeking to provide cable service
9or video service pursuant to this Article shall not use the
10public rights-of-way for the installation or construction of
11facilities for the provision of cable service or video service
12or offer cable service or video service until it has obtained a
13State-issued authorization to offer or provide cable or video
14service under this Section, except as provided for in item (2)
15of this subsection (a). All cable or video providers offering
16or providing service in this State shall have authorization
17pursuant to either (i) the Cable and Video Competition Law of
182007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
19Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
205-1095 of the Counties Code (55 ILCS 5/5-1095).
21 (2) Nothing in this Section shall prohibit a local unit of
22government from granting a permit to a person or entity for the
23use of the public rights-of-way to install or construct
24facilities to provide cable service or video service, at its
25sole discretion. No unit of local government shall be liable

HB5597- 722 -LRB098 15874 AMC 50917 b
1for denial or delay of a permit prior to the issuance of a
2State-issued authorization.
3 (b) The application to the Commission for State-issued
4authorization shall contain a completed affidavit submitted by
5the applicant and signed by an officer or general partner of
6the applicant affirming all of the following:
7 (1) That the applicant has filed or will timely file
8 with the Federal Communications Commission all forms
9 required by that agency in advance of offering cable
10 service or video service in this State.
11 (2) That the applicant agrees to comply with all
12 applicable federal and State statutes and regulations.
13 (3) That the applicant agrees to comply with all
14 applicable local unit of government regulations.
15 (4) An exact description of the cable service or video
16 service area where the cable service or video service will
17 be offered during the term of the State-issued
18 authorization. The service area shall be identified in
19 terms of either (i) exchanges, as that term is defined in
20 Section 13-206 of this Act; (ii) a collection of United
21 States Census Bureau Block numbers (13 digit); (iii) if the
22 area is smaller than the areas identified in either (i) or
23 (ii), by geographic information system digital boundaries
24 meeting or exceeding national map accuracy standards; or
25 (iv) local unit of government. The description shall
26 include the number of low-income households within the

HB5597- 723 -LRB098 15874 AMC 50917 b
1 service area or footprint. If an applicant is a an
2 incumbent cable operator, the incumbent cable operator and
3 any successor-in-interest shall be obligated to provide
4 access to cable services or video services within any local
5 units of government at the same levels required by the
6 local franchising authorities for the local unit of
7 government on June 30, 2007 (the effective date of Public
8 Act 95-9), and its application shall provide a description
9 of an area no smaller than the service areas contained in
10 its franchise or franchises within the jurisdiction of the
11 local unit of government in which it seeks to offer cable
12 or video service.
13 (5) The location and telephone number of the
14 applicant's principal place of business within this State
15 and the names of the applicant's principal executive
16 officers who are responsible for communications concerning
17 the application and the services to be offered pursuant to
18 the application, the applicant's legal name, and any name
19 or names under which the applicant does or will provide
20 cable services or video services in this State.
21 (6) A certification that the applicant has
22 concurrently delivered a copy of the application to all
23 local units of government that include all or any part of
24 the service area identified in item (4) of this subsection
25 (b) within such local unit of government's jurisdictional
26 boundaries.

HB5597- 724 -LRB098 15874 AMC 50917 b
1 (7) The expected date that cable service or video
2 service will be initially offered in the area identified in
3 item (4) of this subsection (b). In the event that a holder
4 does not offer cable services or video services within 3
5 months after the expected date, it shall amend its
6 application and update the expected date service will be
7 offered and explain the delay in offering cable services or
8 video services.
9 (8) For any entity that received State-issued
10 authorization prior to this amendatory Act of the 98th
11 General Assembly as a cable operator and that intends to
12 proceed as a cable operator under this Article, the entity
13 shall file a written affidavit with the Commission and
14 shall serve a copy of the affidavit with any local units of
15 government affected by the authorization within 30 days
16 after the effective date of this amendatory Act of the 98th
17 General Assembly stating that the holder will be providing
18 cable service under the State-issued authorization.
19 The application shall include adequate assurance that the
20applicant possesses the financial, managerial, legal, and
21technical qualifications necessary to construct and operate
22the proposed system, to promptly repair any damage to the
23public right-of-way caused by the applicant, and to pay the
24cost of removal of its facilities. To accomplish these
25requirements, the applicant may, at the time the applicant
26seeks to use the public rights-of-way in that jurisdiction, be

HB5597- 725 -LRB098 15874 AMC 50917 b
1required by the State of Illinois or later be required by the
2local unit of government, or both, to post a bond, produce a
3certificate of insurance, or otherwise demonstrate its
4financial responsibility.
5 The application shall include the applicant's general
6standards related to customer service required by Section
722-501 of this Act, which shall include, but not be limited to,
8installation, disconnection, service and repair obligations;
9appointment hours; employee ID requirements; customer service
10telephone numbers and hours; procedures for billing, charges,
11deposits, refunds, and credits; procedures for termination of
12service; notice of deletion of programming service and changes
13related to transmission of programming or changes or increases
14in rates; use and availability of parental control or lock-out
15devices; complaint procedures and procedures for bill dispute
16resolution and a description of the rights and remedies
17available to consumers if the holder does not materially meet
18their customer service standards; and special services for
19customers with visual, hearing, or mobility disabilities.
20 (c)(1) The applicant may designate information that it
21submits in its application or subsequent reports as
22confidential or proprietary, provided that the applicant
23states the reasons the confidential designation is necessary.
24The Commission shall provide adequate protection for such
25information pursuant to Section 4-404 of this Act. If the
26Commission, a local unit of government, or any other party

HB5597- 726 -LRB098 15874 AMC 50917 b
1seeks public disclosure of information designated as
2confidential, the Commission shall consider the confidential
3designation in a proceeding under the Illinois Administrative
4Procedure Act, and the burden of proof to demonstrate that the
5designated information is confidential shall be upon the
6applicant. Designated information shall remain confidential
7pending the Commission's determination of whether the
8information is entitled to confidential treatment. Information
9designated as confidential shall be provided to local units of
10government for purposes of assessing compliance with this
11Article as permitted under a Protective Order issued by the
12Commission pursuant to the Commission's rules and to the
13Attorney General pursuant to Section 6.5 of the Attorney
14General Act (15 ILCS 205/6.5). Information designated as
15confidential under this Section or determined to be
16confidential upon Commission review shall only be disclosed
17pursuant to a valid and enforceable subpoena or court order or
18as required by the Freedom of Information Act. Nothing herein
19shall delay the application approval timeframes set forth in
20this Article.
21 (2) Information regarding the location of video services
22that have been or are being offered to the public and aggregate
23information included in the reports required by this Article
24shall not be designated or treated as confidential.
25 (d)(1) The Commission shall post all applications it
26receives under this Article on its web site within 5 business

HB5597- 727 -LRB098 15874 AMC 50917 b
1days.
2 (2) The Commission shall notify an applicant for a cable
3service or video service authorization whether the applicant's
4application and affidavit are complete on or before the 15th
5business day after the applicant submits the application. If
6the application and affidavit are not complete, the Commission
7shall state in its notice all of the reasons the application or
8affidavit are incomplete, and the applicant shall resubmit a
9complete application. The Commission shall have 30 days after
10submission by the applicant of a complete application and
11affidavit to issue the service authorization. If the Commission
12does not notify the applicant regarding the completeness of the
13application and affidavit or issue the service authorization
14within the time periods required under this subsection, the
15application and affidavit shall be considered complete and the
16service authorization issued upon the expiration of the 30th
17day.
18 (e) Any authorization issued by the Commission will expire
19on December 31, 2015 and shall contain or include all of the
20following:
21 (1) A grant of authority, including an authorization
22 issued prior to this amendatory Act of the 98th General
23 Assembly, to provide cable service or video service in the
24 service area footprint as requested in the application,
25 subject to the provisions of this Article in existence on
26 the date the grant of authority was issued, and any

HB5597- 728 -LRB098 15874 AMC 50917 b
1 modifications to this Article enacted at any time prior to
2 the date in Section 21-1601 of this Act, and to the laws of
3 the State and the ordinances, rules, and regulations of the
4 local units of government.
5 (2) A grant of authority to use, occupy, and construct
6 facilities in the public rights-of-way for the delivery of
7 cable service or video service in the service area
8 footprint, subject to the laws, ordinances, rules, or
9 regulations of this State and local units of governments.
10 (3) A statement that the grant of authority is subject
11 to lawful operation of the cable service or video service
12 by the applicant, its affiliated entities, or its
13 successors-in-interest.
14 (4) The Commission shall notify a local unit of
15 government within 3 business days of the grant of any
16 authorization within a service area footprint if that
17 authorization includes any part of the local unit of
18 government's jurisdictional boundaries and state whether
19 the holder will be providing video service or cable service
20 under the authorization.
21 (f) The authorization issued pursuant to this Section by
22the Commission may be transferred to any successor-in-interest
23to the applicant to which it is initially granted without
24further Commission action if the successor-in-interest (i)
25submits an application and the information required by
26subsection (b) of this Section for the successor-in-interest

HB5597- 729 -LRB098 15874 AMC 50917 b
1and (ii) is not in violation of this Article or of any federal,
2State, or local law, ordinance, rule, or regulation. A
3successor-in-interest shall file its application and notice of
4transfer with the Commission and the relevant local units of
5government no less than 15 business days prior to the
6completion of the transfer. The Commission is not required or
7authorized to act upon the notice of transfer; however, the
8transfer is not effective until the Commission approves the
9successor-in-interest's application. A local unit of
10government or the Attorney General may seek to bar a transfer
11of ownership by filing suit in a court of competent
12jurisdiction predicated on the existence of a material and
13continuing breach of this Article by the holder, a pattern of
14noncompliance with customer service standards by the potential
15successor-in-interest, or the insolvency of the potential
16successor-in-interest. If a transfer is made when there are
17violations of this Article or of any federal, State, or local
18law, ordinance, rule, or regulation, the successor-in-interest
19shall be subject to 3 times the penalties provided for in this
20Article.
21 (g) The authorization issued pursuant to Section 21-401 of
22this Article by the Commission may be terminated, or its cable
23service or video service area footprint may be modified, by the
24cable service provider or video service provider by submitting
25notice to the Commission and to the relevant local unit of
26government containing a description of the change on the same

HB5597- 730 -LRB098 15874 AMC 50917 b
1terms as the initial description pursuant to item (4) of
2subsection (b) of this Section. The Commission is not required
3or authorized to act upon that notice. It shall be a violation
4of this Article for a holder to discriminate against potential
5residential subscribers because of the race or income of the
6residents in the local area in which the group resides by
7terminating or modifying its cable service or video service
8area footprint. It shall be a violation of this Article for a
9holder to terminate or modify its cable service or video
10service area footprint if it leaves an area with no cable
11service or video service from any provider.
12 (h) The Commission's authority to administer this Article
13is limited to the powers and duties explicitly provided under
14this Article. Its authority under this Article does not include
15or limit the powers and duties that the Commission has under
16the other Articles of this Act, the Illinois Administrative
17Procedure Act, or any other law or regulation to conduct
18proceedings, other than as provided in subsection (c), or has
19to promulgate rules or regulations. The Commission shall not
20have the authority to limit or expand the obligations and
21requirements provided in this Section or to regulate or control
22a person or entity to the extent that person or entity is
23providing cable service or video service, except as provided in
24this Article.
25(Source: P.A. 98-45, eff. 6-28-13; revised 11-12-13.)

HB5597- 731 -LRB098 15874 AMC 50917 b
1 Section 370. The Illinois Gas Pipeline Safety Act is
2amended by changing Section 2 as follows:
3 (220 ILCS 20/2) (from Ch. 111 2/3, par. 552)
4 Sec. 2. As used in this Act, unless the context, otherwise
5requires, the terms specified in the Sections following this
6Section and preceding Section 3 Sections 2.01 through 2.07 have
7the meanings ascribed to them in those Sections.
8(Source: P.A. 76-1588; revised 11-14-13.)
9 Section 375. The Child Care Act of 1969 is amended by
10changing Section 2 as follows:
11 (225 ILCS 10/2) (from Ch. 23, par. 2212)
12 Sec. 2. Terms used in this Act, unless the context
13otherwise requires, have the meanings ascribed to them in the
14Sections following this Section and preceding Section 3
15Sections 2.01 through 2.27.
16(Source: P.A. 94-586, eff. 8-15-05; revised 11-14-13.)
17 Section 380. The Clinical Social Work and Social Work
18Practice Act is amended by changing Section 19 as follows:
19 (225 ILCS 20/19) (from Ch. 111, par. 6369)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 19. Grounds for disciplinary action.

HB5597- 732 -LRB098 15874 AMC 50917 b
1 (1) The Department may refuse to issue, refuse to renew,
2suspend, or revoke any license, or may place on probation,
3censure, reprimand, or take other disciplinary or
4non-disciplinary action deemed appropriate by the Department,
5including the imposition of fines not to exceed $10,000 for
6each violation, with regard to any license issued under the
7provisions of this Act for any one or a combination of the
8following reasons:
9 (a) material misstatements of fact in furnishing
10 information to the Department or to any other State agency
11 or in furnishing information to any insurance company with
12 respect to a claim on behalf of a licensee or a patient;
13 (b) violations or negligent or intentional disregard
14 of this Act, or any of the rules promulgated hereunder;
15 (c) conviction of or entry of a plea of guilty or nolo
16 contendere to any crime that is a felony under the laws of
17 the United States or any state or territory thereof or that
18 is a misdemeanor, of which an essential element is
19 dishonesty, or any crime that is directly related to the
20 practice of the clinical social work or social work
21 professions;
22 (d) making any misrepresentation for the purpose of
23 obtaining licenses, or violating any provision of this Act
24 or any of the rules promulgated hereunder;
25 (e) professional incompetence;
26 (f) malpractice;

HB5597- 733 -LRB098 15874 AMC 50917 b
1 (g) aiding or assisting another person in violating any
2 provision of or this Act or any rules;
3 (h) failing to provide information within 30 days in
4 response to a written request made by the Department;
5 (i) engaging in dishonorable, unethical or
6 unprofessional conduct of a character likely to deceive,
7 defraud or harm the public as defined by the rules of the
8 Department, or violating the rules of professional conduct
9 adopted by the Board and published by the Department;
10 (j) habitual or excessive use or addiction to alcohol,
11 narcotics, stimulants, or any other chemical agent or drug
12 that results in a clinical social worker's or social
13 worker's inability to practice with reasonable judgment,
14 skill, or safety;
15 (k) discipline by another jurisdiction, if at least one
16 of the grounds for the discipline is the same or
17 substantially equivalent to those set forth in this
18 Section;
19 (l) directly or indirectly giving to or receiving from
20 any person, firm, corporation, partnership, or association
21 any fee, commission, rebate or other form of compensation
22 for any professional service not actually rendered.
23 Nothing in this paragraph (l) affects any bona fide
24 independent contractor or employment arrangements among
25 health care professionals, health facilities, health care
26 providers, or other entities, except as otherwise

HB5597- 734 -LRB098 15874 AMC 50917 b
1 prohibited by law. Any employment arrangements may include
2 provisions for compensation, health insurance, pension, or
3 other employment benefits for the provision of services
4 within the scope of the licensee's practice under this Act.
5 Nothing in this paragraph (l) shall be construed to require
6 an employment arrangement to receive professional fees for
7 services rendered;
8 (m) a finding by the Board that the licensee, after
9 having the license placed on probationary status, has
10 violated the terms of probation;
11 (n) abandonment, without cause, of a client;
12 (o) wilfully filing false reports relating to a
13 licensee's practice, including but not limited to false
14 records filed with Federal or State agencies or
15 departments;
16 (p) wilfully failing to report an instance of suspected
17 child abuse or neglect as required by the Abused and
18 Neglected Child Reporting Act;
19 (q) being named as a perpetrator in an indicated report
20 by the Department of Children and Family Services under the
21 Abused and Neglected Child Reporting Act, and upon proof by
22 clear and convincing evidence that the licensee has caused
23 a child to be or failed to take reasonable steps to prevent
24 a child from being an abused child or neglected child as
25 defined in the Abused and Neglected Child Reporting Act;
26 (r) physical illness, mental illness, or any other

HB5597- 735 -LRB098 15874 AMC 50917 b
1 impairment or disability, including, but not limited to,
2 deterioration through the aging process, or loss of motor
3 skills that results in the inability to practice the
4 profession with reasonable judgment, skill or safety;
5 (s) solicitation of professional services by using
6 false or misleading advertising; or
7 (t) violation of the Health Care Worker Self-Referral
8 Act.
9 (2) (Blank).
10 (3) The determination by a court that a licensee is subject
11to involuntary admission or judicial admission as provided in
12the Mental Health and Developmental Disabilities Code, will
13result in an automatic suspension of his license. Such
14suspension will end upon a finding by a court that the licensee
15is no longer subject to involuntary admission or judicial
16admission and issues an order so finding and discharging the
17patient, and upon the recommendation of the Board to the
18Secretary that the licensee be allowed to resume professional
19practice.
20 (4) The Department may refuse to issue or renew or may
21suspend the license of a person who (i) fails to file a return,
22pay the tax, penalty, or interest shown in a filed return, or
23pay any final assessment of tax, penalty, or interest, as
24required by any tax Act administered by the Department of
25Revenue, until the requirements of the tax Act are satisfied or
26(ii) has failed to pay any court-ordered child support as

HB5597- 736 -LRB098 15874 AMC 50917 b
1determined by a court order or by referral from the Department
2of Healthcare and Family Services.
3 (5) In enforcing this Section, the Board upon a showing of
4a possible violation may compel a person licensed to practice
5under this Act, or who has applied for licensure or
6certification pursuant to this Act, to submit to a mental or
7physical examination, or both, as required by and at the
8expense of the Department. The examining physicians shall be
9those specifically designated by the Board. The Board or the
10Department may order the examining physician to present
11testimony concerning this mental or physical examination of the
12licensee or applicant. No information shall be excluded by
13reason of any common law or statutory privilege relating to
14communications between the licensee or applicant and the
15examining physician. The person to be examined may have, at his
16or her own expense, another physician of his or her choice
17present during all aspects of the examination. Failure of any
18person to submit to a mental or physical examination, when
19directed, shall be grounds for suspension of a license until
20the person submits to the examination if the Board finds, after
21notice and hearing, that the refusal to submit to the
22examination was without reasonable cause.
23 If the Board finds a person unable to practice because of
24the reasons set forth in this Section, the Board may require
25that person to submit to care, counseling, or treatment by
26physicians approved or designated by the Board, as a condition,

HB5597- 737 -LRB098 15874 AMC 50917 b
1term, or restriction for continued, reinstated, or renewed
2licensure to practice; or, in lieu of care, counseling or
3treatment, the Board may recommend to the Department to file a
4complaint to immediately suspend, revoke or otherwise
5discipline the license of the person. Any person whose license
6was granted, continued, reinstated, renewed, disciplined or
7supervised subject to such terms, conditions or restrictions,
8and who fails to comply with such terms, conditions, or
9restrictions, shall be referred to the Secretary for a
10determination as to whether the person shall have his or her
11license suspended immediately, pending a hearing by the Board.
12 In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Board within 30 days after the
15suspension and completed without appreciable delay. The Board
16shall have the authority to review the subject person's record
17of treatment and counseling regarding the impairment, to the
18extent permitted by applicable federal statutes and
19regulations safeguarding the confidentiality of medical
20records.
21 A person licensed under this Act and affected under this
22Section shall be afforded an opportunity to demonstrate to the
23Board that he or she can resume practice in compliance with
24acceptable and prevailing standards under the provisions of his
25or her license.
26(Source: P.A. 95-687, eff. 10-23-07; 96-1482, eff. 11-29-10;

HB5597- 738 -LRB098 15874 AMC 50917 b
1revised 11-14-13.)
2 Section 385. The Illinois Dental Practice Act is amended by
3changing Section 17 as follows:
4 (225 ILCS 25/17) (from Ch. 111, par. 2317)
5 (Section scheduled to be repealed on January 1, 2016)
6 Sec. 17. Acts Constituting the Practice of Dentistry. A
7person practices dentistry, within the meaning of this Act:
8 (1) Who represents himself or herself as being able to
9 diagnose or diagnoses, treats, prescribes, or operates for
10 any disease, pain, deformity, deficiency, injury, or
11 physical condition of the human tooth, teeth, alveolar
12 process, gums or jaw; or
13 (2) Who is a manager, proprietor, operator or conductor
14 of a business where dental operations are performed; or
15 (3) Who performs dental operations of any kind; or
16 (4) Who uses an X-Ray machine or X-Ray films for dental
17 diagnostic purposes; or
18 (5) Who extracts a human tooth or teeth, or corrects or
19 attempts to correct malpositions of the human teeth or
20 jaws; or
21 (6) Who offers or undertakes, by any means or method,
22 to diagnose, treat or remove stains, calculus, and bonding
23 materials from human teeth or jaws; or
24 (7) Who uses or administers local or general

HB5597- 739 -LRB098 15874 AMC 50917 b
1 anesthetics in the treatment of dental or oral diseases or
2 in any preparation incident to a dental operation of any
3 kind or character; or
4 (8) Who takes impressions of the human tooth, teeth, or
5 jaws or performs any phase of any operation incident to the
6 replacement of a part of a tooth, a tooth, teeth or
7 associated tissues by means of a filling, crown, a bridge,
8 a denture or other appliance; or
9 (9) Who offers to furnish, supply, construct,
10 reproduce or repair, or who furnishes, supplies,
11 constructs, reproduces or repairs, prosthetic dentures,
12 bridges or other substitutes for natural teeth, to the user
13 or prospective user thereof; or
14 (10) Who instructs students on clinical matters or
15 performs any clinical operation included in the curricula
16 of recognized dental schools and colleges; or
17 (11) Who takes impressions of human teeth or places his
18 or her hands in the mouth of any person for the purpose of
19 applying teeth whitening materials, or who takes
20 impressions of human teeth or places his or her hands in
21 the mouth of any person for the purpose of assisting in the
22 application of teeth whitening materials. A person does not
23 practice dentistry when he or she discloses to the consumer
24 that he or she is not licensed as a dentist under this Act
25 and (i) discusses the use of teeth whitening materials with
26 a consumer purchasing these materials; (ii) provides

HB5597- 740 -LRB098 15874 AMC 50917 b
1 instruction on the use of teeth whitening materials with a
2 consumer purchasing these materials; or (iii) provides
3 appropriate equipment on-site to the consumer for the
4 consumer to self-apply teeth whitening materials.
5 The fact that any person engages in or performs, or offers
6to engage in or perform, any of the practices, acts, or
7operations set forth in this Section, shall be prima facie
8evidence that such person is engaged in the practice of
9dentistry.
10 The following practices, acts, and operations, however,
11are exempt from the operation of this Act:
12 (a) The rendering of dental relief in emergency cases
13 in the practice of his or her profession by a physician or
14 surgeon, licensed as such under the laws of this State,
15 unless he or she undertakes to reproduce or reproduces lost
16 parts of the human teeth in the mouth or to restore or
17 replace lost or missing teeth in the mouth; or
18 (b) The practice of dentistry in the discharge of their
19 official duties by dentists in any branch of the Armed
20 Services of the United States, the United States Public
21 Health Service, or the United States Veterans
22 Administration; or
23 (c) The practice of dentistry by students in their
24 course of study in dental schools or colleges approved by
25 the Department, when acting under the direction and
26 supervision of dentists acting as instructors; or

HB5597- 741 -LRB098 15874 AMC 50917 b
1 (d) The practice of dentistry by clinical instructors
2 in the course of their teaching duties in dental schools or
3 colleges approved by the Department:
4 (i) when acting under the direction and
5 supervision of dentists, provided that such clinical
6 instructors have instructed continuously in this State
7 since January 1, 1986; or
8 (ii) when holding the rank of full professor at
9 such approved dental school or college and possessing a
10 current valid license or authorization to practice
11 dentistry in another country; or
12 (e) The practice of dentistry by licensed dentists of
13 other states or countries at meetings of the Illinois State
14 Dental Society or component parts thereof, alumni meetings
15 of dental colleges, or any other like dental organizations,
16 while appearing as clinicians; or
17 (f) The use of X-Ray machines for exposing X-Ray films
18 of dental or oral tissues by dental hygienists or dental
19 assistants; or
20 (g) The performance of any dental service by a dental
21 assistant, if such service is performed under the
22 supervision and full responsibility of a dentist.
23 For purposes of this paragraph (g), "dental service" is
24 defined to mean any intraoral procedure or act which shall
25 be prescribed by rule or regulation of the Department.
26 Dental service, however, shall not include:

HB5597- 742 -LRB098 15874 AMC 50917 b
1 (1) Any and all diagnosis of or prescription for
2 treatment of disease, pain, deformity, deficiency,
3 injury or physical condition of the human teeth or
4 jaws, or adjacent structures.
5 (2) Removal of, or restoration of, or addition to
6 the hard or soft tissues of the oral cavity, except for
7 the placing, carving, and finishing of amalgam
8 restorations by dental assistants who have had
9 additional formal education and certification as
10 determined by the Department. A dentist utilizing
11 dental assistants shall not supervise more than 4
12 dental assistants at any one time for placing, carving,
13 and finishing of amalgam restorations.
14 (3) Any and all correction of malformation of teeth
15 or of the jaws.
16 (4) Administration of anesthetics, except for
17 monitoring of nitrous oxide, conscious sedation, deep
18 sedation, and general anesthetic as provided in
19 Section 8.1 of this Act, that may be performed only
20 after successful completion of a training program
21 approved by the Department. A dentist utilizing dental
22 assistants shall not supervise more than 4 dental
23 assistants at any one time for the monitoring of
24 nitrous oxide.
25 (5) Removal of calculus from human teeth.
26 (6) Taking of impressions for the fabrication of

HB5597- 743 -LRB098 15874 AMC 50917 b
1 prosthetic appliances, crowns, bridges, inlays,
2 onlays, or other restorative or replacement dentistry.
3 (7) The operative procedure of dental hygiene
4 consisting of oral prophylactic procedures, except for
5 coronal polishing and pit and fissure sealants, which
6 may be performed by a dental assistant who has
7 successfully completed a training program approved by
8 the Department. Dental assistants may perform coronal
9 polishing under the following circumstances: (i) the
10 coronal polishing shall be limited to polishing the
11 clinical crown of the tooth and existing restorations,
12 supragingivally; (ii) the dental assistant performing
13 the coronal polishing shall be limited to the use of
14 rotary instruments using a rubber cup or brush
15 polishing method (air polishing is not permitted); and
16 (iii) the supervising dentist shall not supervise more
17 than 4 dental assistants at any one time for the task
18 of coronal polishing or pit and fissure sealants.
19 The limitations on the number of dental assistants a
20 dentist may supervise contained in items (2), (4), and (7)
21 of this paragraph (g) Section mean a limit of 4 total
22 dental assistants or dental hygienists doing expanded
23 functions covered by these Sections being supervised by one
24 dentist.
25 (h) The practice of dentistry by an individual who:
26 (i) has applied in writing to the Department, in

HB5597- 744 -LRB098 15874 AMC 50917 b
1 form and substance satisfactory to the Department, for
2 a general dental license and has complied with all
3 provisions of Section 9 of this Act, except for the
4 passage of the examination specified in subsection
5 (e), of Section 9, of this Act; or
6 (ii) has applied in writing to the Department, in
7 form and substance satisfactory to the Department, for
8 a temporary dental license and has complied with all
9 provisions of subsection (c), of Section 11, of this
10 Act; and
11 (iii) has been accepted or appointed for specialty
12 or residency training by a hospital situated in this
13 State; or
14 (iv) has been accepted or appointed for specialty
15 training in an approved dental program situated in this
16 State; or
17 (v) has been accepted or appointed for specialty
18 training in a dental public health agency situated in
19 this State.
20 The applicant shall be permitted to practice dentistry
21 for a period of 3 months from the starting date of the
22 program, unless authorized in writing by the Department to
23 continue such practice for a period specified in writing by
24 the Department.
25 The applicant shall only be entitled to perform such
26 acts as may be prescribed by and incidental to his or her

HB5597- 745 -LRB098 15874 AMC 50917 b
1 program of residency or specialty training and shall not
2 otherwise engage in the practice of dentistry in this
3 State.
4 The authority to practice shall terminate immediately
5 upon:
6 (1) the decision of the Department that the
7 applicant has failed the examination; or
8 (2) denial of licensure by the Department; or
9 (3) withdrawal of the application.
10(Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12;
1197-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff.
128-16-13; revised 11-14-13.)
13 Section 390. The Dietitian Nutritionist Practice Act is
14amended by changing Section 95 as follows:
15 (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
16 (Section scheduled to be repealed on January 1, 2023)
17 Sec. 95. Grounds for discipline.
18 (1) The Department may refuse to issue or renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate, including imposing fines not to exceed
22$10,000 for each violation, with regard to any license or
23certificate for any one or combination of the following causes:
24 (a) Material misstatement in furnishing information to

HB5597- 746 -LRB098 15874 AMC 50917 b
1 the Department.
2 (b) Violations of this Act or of rules adopted under
3 this Act.
4 (c) Conviction by plea of guilty or nolo contendere,
5 finding of guilt, jury verdict, or entry of judgment or by
6 sentencing of any crime, including, but not limited to,
7 convictions, preceding sentences of supervision,
8 conditional discharge, or first offender probation, under
9 the laws of any jurisdiction of the United States (i) that
10 is a felony or (ii) that is a misdemeanor, an essential
11 element of which is dishonesty, or that is directly related
12 to the practice of the profession.
13 (d) Fraud or any misrepresentation in applying for or
14 procuring a license under this Act or in connection with
15 applying for renewal of a license under this Act.
16 (e) Professional incompetence or gross negligence.
17 (f) Malpractice.
18 (g) Aiding or assisting another person in violating any
19 provision of this Act or its rules.
20 (h) Failing to provide information within 60 days in
21 response to a written request made by the Department.
22 (i) Engaging in dishonorable, unethical or
23 unprofessional conduct of a character likely to deceive,
24 defraud, or harm the public.
25 (j) Habitual or excessive use or abuse of drugs defined
26 in law as controlled substances, alcohol, or any other

HB5597- 747 -LRB098 15874 AMC 50917 b
1 substance that results in the inability to practice with
2 reasonable judgment, skill, or safety.
3 (k) Discipline by another state, the District of
4 Columbia, territory, country, or governmental agency if at
5 least one of the grounds for the discipline is the same or
6 substantially equivalent to those set forth in this Act.
7 (l) Charging for professional services not rendered,
8 including filing false statements for the collection of
9 fees for which services are not rendered. Nothing in this
10 paragraph (1) affects any bona fide independent contractor
11 or employment arrangements among health care
12 professionals, health facilities, health care providers,
13 or other entities, except as otherwise prohibited by law.
14 Any employment arrangements may include provisions for
15 compensation, health insurance, pension, or other
16 employment benefits for the provision of services within
17 the scope of the licensee's practice under this Act.
18 Nothing in this paragraph (1) shall be construed to require
19 an employment arrangement to receive professional fees for
20 services rendered.
21 (m) A finding by the Department that the licensee,
22 after having his or her license placed on probationary
23 status, has violated the terms of probation.
24 (n) Willfully making or filing false records or reports
25 in his or her practice, including, but not limited to,
26 false records filed with State agencies or departments.

HB5597- 748 -LRB098 15874 AMC 50917 b
1 (o) Allowing one's license under this Act to be used by
2 an unlicensed person in violation of this Act.
3 (p) Practicing under a false or, except as provided by
4 law, an assumed name.
5 (q) Gross and willful overcharging for professional
6 services.
7 (r) (Blank).
8 (s) Willfully failing to report an instance of
9 suspected child abuse or neglect as required by the Abused
10 and Neglected Child Reporting Act.
11 (t) Cheating on or attempting to subvert a licensing
12 examination administered under this Act.
13 (u) Mental illness or disability that results in the
14 inability to practice under this Act with reasonable
15 judgment, skill, or safety.
16 (v) Physical illness, including, but not limited to,
17 deterioration through the aging process or loss of motor
18 skill that results in a licensee's inability to practice
19 under this Act with reasonable judgment, skill, or safety.
20 (w) Advising an individual to discontinue, reduce,
21 increase, or otherwise alter the intake of a drug
22 prescribed by a physician licensed to practice medicine in
23 all its branches or by a prescriber as defined in Section
24 102 of the Illinois Controlled Substances Substance Act.
25 (2) The Department may refuse to issue or may suspend
26without hearing, as provided for in the Code of Civil

HB5597- 749 -LRB098 15874 AMC 50917 b
1Procedure, the license of any person who fails to file a
2return, or pay the tax, penalty, or interest shown in a filed
3return, or pay any final assessment of the tax, penalty, or
4interest as required by any tax Act administered by the
5Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied in accordance
7with subsection (g) of Section 2105-15 of the Civil
8Administrative Code of Illinois.
9 (3) The Department shall deny a license or renewal
10authorized by this Act to a person who has defaulted on an
11educational loan or scholarship provided or guaranteed by the
12Illinois Student Assistance Commission or any governmental
13agency of this State in accordance with item (5) of subsection
14(a) of Section 2105-15 of the Civil Administrative Code of
15Illinois.
16 (4) In cases where the Department of Healthcare and Family
17Services has previously determined a licensee or a potential
18licensee is more than 30 days delinquent in the payment of
19child support and has subsequently certified the delinquency to
20the Department, the Department may refuse to issue or renew or
21may revoke or suspend that person's license or may take other
22disciplinary action against that person based solely upon the
23certification of delinquency made by the Department of
24Healthcare and Family Services in accordance with item (5) of
25subsection (a) of Section 2105-15 1205-15 of the Civil
26Administrative Code of Illinois.

HB5597- 750 -LRB098 15874 AMC 50917 b
1 (5) The determination by a circuit court that a licensee is
2subject to involuntary admission or judicial admission, as
3provided in the Mental Health and Developmental Disabilities
4Code, operates as an automatic suspension. The suspension shall
5end only upon a finding by a court that the patient is no
6longer subject to involuntary admission or judicial admission
7and the issuance of an order so finding and discharging the
8patient.
9 (6) In enforcing this Act, the Department, upon a showing
10of a possible violation, may compel an individual licensed to
11practice under this Act, or who has applied for licensure under
12this Act, to submit to a mental or physical examination, or
13both, as required by and at the expense of the Department. The
14Department may order the examining physician to present
15testimony concerning the mental or physical examination of the
16licensee or applicant. No information shall be excluded by
17reason of any common law or statutory privilege relating to
18communications between the licensee or applicant and the
19examining physician. The examining physicians shall be
20specifically designated by the Department. The individual to be
21examined may have, at his or her own expense, another physician
22of his or her choice present during all aspects of this
23examination. The examination shall be performed by a physician
24licensed to practice medicine in all its branches. Failure of
25an individual to submit to a mental or physical examination,
26when directed, shall result in an automatic suspension without

HB5597- 751 -LRB098 15874 AMC 50917 b
1hearing.
2 A person holding a license under this Act or who has
3applied for a license under this Act who, because of a physical
4or mental illness or disability, including, but not limited to,
5deterioration through the aging process or loss of motor skill,
6is unable to practice the profession with reasonable judgment,
7skill, or safety, may be required by the Department to submit
8to care, counseling, or treatment by physicians approved or
9designated by the Department as a condition, term, or
10restriction for continued, reinstated, or renewed licensure to
11practice. Submission to care, counseling, or treatment as
12required by the Department shall not be considered discipline
13of a license. If the licensee refuses to enter into a care,
14counseling, or treatment agreement or fails to abide by the
15terms of the agreement, then the Department may file a
16complaint to revoke, suspend, or otherwise discipline the
17license of the individual. The Secretary may order the license
18suspended immediately, pending a hearing by the Department.
19Fines shall not be assessed in disciplinary actions involving
20physical or mental illness or impairment.
21 In instances in which the Secretary immediately suspends a
22person's license under this Section, a hearing on that person's
23license must be convened by the Department within 15 days after
24the suspension and completed without appreciable delay. The
25Department shall have the authority to review the subject
26individual's record of treatment and counseling regarding the

HB5597- 752 -LRB098 15874 AMC 50917 b
1impairment to the extent permitted by applicable federal
2statutes and regulations safeguarding the confidentiality of
3medical records.
4 An individual licensed under this Act and affected under
5this Section shall be afforded an opportunity to demonstrate to
6the Department that he or she can resume practice in compliance
7with acceptable and prevailing standards under the provisions
8of his or her license.
9(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
10revised 11-14-13.)
11 Section 395. The Funeral Directors and Embalmers Licensing
12Code is amended by changing Sections 5-5, 10-5, and 15-75 as
13follows:
14 (225 ILCS 41/5-5)
15 (Section scheduled to be repealed on January 1, 2023)
16 Sec. 5-5. License requirement. It is unlawful for any
17person to practice, or to attempt to practice, funeral
18directing without a license as a funeral director issued by the
19Department.
20 No person shall practice funeral directing unless he or she
21is they are employed by or contracted with a fixed place of
22practice or establishment devoted to the care and preparation
23for burial or for the transportation of deceased human bodies.
24 No person shall practice funeral directing independently

HB5597- 753 -LRB098 15874 AMC 50917 b
1at the fixed place of practice or establishment of another
2licensee unless that person's name is published and displayed
3at all times in connection therewith.
4(Source: P.A. 97-1130, eff. 8-28-12; revised 11-14-13.)
5 (225 ILCS 41/10-5)
6 (Section scheduled to be repealed on January 1, 2023)
7 Sec. 10-5. License requirement. It is unlawful for any
8person to practice or attempt to practice funeral directing and
9embalming without being licensed by the Department.
10 No person shall practice funeral directing and embalming
11unless he or she is they are employed by or contracted with a
12fixed place of practice or establishment devoted to the care
13and preparation for burial or for the transportation of
14deceased human bodies.
15 No person shall practice funeral directing and embalming
16independently at the fixed place of practice or establishment
17of another licensee unless his or her name shall be published
18and displayed at all times in connection therewith.
19 No licensed intern shall independently practice funeral
20directing and embalming; however, a licensed funeral director
21and embalmer intern may under the immediate personal
22supervision of a licensed funeral director and embalmer assist
23a licensed funeral director and embalmer in the practice of
24funeral directing and embalming.
25 No person shall practice as a funeral director and embalmer

HB5597- 754 -LRB098 15874 AMC 50917 b
1intern unless he or she possesses a valid license in good
2standing to do so in the State of Illinois.
3(Source: P.A. 97-1130, eff. 8-28-12; revised 11-14-13.)
4 (225 ILCS 41/15-75)
5 (Section scheduled to be repealed on January 1, 2023)
6 Sec. 15-75. Violations; grounds for discipline; penalties.
7 (a) Each of the following acts is a Class A misdemeanor for
8the first offense, and a Class 4 felony for each subsequent
9offense. These penalties shall also apply to unlicensed owners
10of funeral homes.
11 (1) Practicing the profession of funeral directing and
12 embalming or funeral directing, or attempting to practice
13 the profession of funeral directing and embalming or
14 funeral directing without a license as a funeral director
15 and embalmer or funeral director.
16 (2) Serving or attempting to serve as an intern under a
17 licensed funeral director and embalmer without a license as
18 a licensed funeral director and embalmer intern.
19 (3) Obtaining or attempting to obtain a license,
20 practice or business, or any other thing of value, by fraud
21 or misrepresentation.
22 (4) Permitting any person in one's employ, under one's
23 control or in or under one's service to serve as a funeral
24 director and embalmer, funeral director, or funeral
25 director and embalmer intern when the person does not have

HB5597- 755 -LRB098 15874 AMC 50917 b
1 the appropriate license.
2 (5) Failing to display a license as required by this
3 Code.
4 (6) Giving false information or making a false oath or
5 affidavit required by this Code.
6 (b) The Department may refuse to issue or renew, revoke,
7suspend, place on probation or administrative supervision,
8reprimand, or take other disciplinary or non-disciplinary
9action as the Department may deem appropriate, including
10imposing fines not to exceed $10,000 for each violation, with
11regard to any license under the Code for any one or combination
12of the following:
13 (1) Fraud or any misrepresentation in applying for or
14 procuring a license under this Code or in connection with
15 applying for renewal of a license under this Code.
16 (2) Conviction by plea of guilty or nolo contendere,
17 finding of guilt, jury verdict, or entry of judgment or by
18 sentencing of any crime, including, but not limited to,
19 convictions, preceding sentences of supervision,
20 conditional discharge, or first offender probation, under
21 the laws of any jurisdiction of the United States: (i) that
22 is a felony or (ii) that is a misdemeanor, an essential
23 element of which is dishonesty, or that is directly related
24 to the practice of the profession.
25 (3) Violation of the laws of this State relating to the
26 funeral, burial or disposition of deceased human bodies or

HB5597- 756 -LRB098 15874 AMC 50917 b
1 of the rules and regulations of the Department, or the
2 Department of Public Health.
3 (4) Directly or indirectly paying or causing to be paid
4 any sum of money or other valuable consideration for the
5 securing of business or for obtaining authority to dispose
6 of any deceased human body.
7 (5) Professional incompetence, gross negligence,
8 malpractice, or untrustworthiness in the practice of
9 funeral directing and embalming or funeral directing.
10 (6) (Blank).
11 (7) Engaging in, promoting, selling, or issuing burial
12 contracts, burial certificates, or burial insurance
13 policies in connection with the profession as a funeral
14 director and embalmer, funeral director, or funeral
15 director and embalmer intern in violation of any laws of
16 the State of Illinois.
17 (8) Refusing, without cause, to surrender the custody
18 of a deceased human body upon the proper request of the
19 person or persons lawfully entitled to the custody of the
20 body.
21 (9) Taking undue advantage of a client or clients as to
22 amount to the perpetration of fraud.
23 (10) Engaging in funeral directing and embalming or
24 funeral directing without a license.
25 (11) Encouraging, requesting, or suggesting by a
26 licensee or some person working on his behalf and with his

HB5597- 757 -LRB098 15874 AMC 50917 b
1 consent for compensation that a person utilize the services
2 of a certain funeral director and embalmer, funeral
3 director, or funeral establishment unless that information
4 has been expressly requested by the person. This does not
5 prohibit general advertising or pre-need solicitation.
6 (12) Making or causing to be made any false or
7 misleading statements about the laws concerning the
8 disposition of human remains, including, but not limited
9 to, the need to embalm, the need for a casket for cremation
10 or the need for an outer burial container.
11 (13) (Blank).
12 (14) Embalming or attempting to embalm a deceased human
13 body without express prior authorization of the person
14 responsible for making the funeral arrangements for the
15 body. This does not apply to cases where embalming is
16 directed by local authorities who have jurisdiction or when
17 embalming is required by State or local law. A licensee may
18 embalm without express prior authorization if a good faith
19 effort has been made to contact family members and has been
20 unsuccessful and the licensee has no reason to believe the
21 family opposes embalming.
22 (15) Making a false statement on a Certificate of Death
23 where the person making the statement knew or should have
24 known that the statement was false.
25 (16) Soliciting human bodies after death or while death
26 is imminent.

HB5597- 758 -LRB098 15874 AMC 50917 b
1 (17) Performing any act or practice that is a violation
2 of this Code, the rules for the administration of this
3 Code, or any federal, State or local laws, rules, or
4 regulations governing the practice of funeral directing or
5 embalming.
6 (18) Performing any act or practice that is a violation
7 of Section 2 of the Consumer Fraud and Deceptive Business
8 Practices Act.
9 (19) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud or harm the public.
12 (20) Taking possession of a dead human body without
13 having first obtained express permission from the person
14 holding the right to control the disposition in accordance
15 with Section 5 of the Disposition of Remains Act or a
16 public agency legally authorized to direct, control or
17 permit the removal of deceased human bodies.
18 (21) Advertising in a false or misleading manner or
19 advertising using the name of an unlicensed person in
20 connection with any service being rendered in the practice
21 of funeral directing or funeral directing and embalming.
22 The use of any name of an unlicensed or unregistered person
23 in an advertisement so as to imply that the person will
24 perform services is considered misleading advertising.
25 Nothing in this paragraph shall prevent including the name
26 of any owner, officer or corporate director of a funeral

HB5597- 759 -LRB098 15874 AMC 50917 b
1 home, who is not a licensee, in any advertisement used by a
2 funeral home with which the individual is affiliated, if
3 the advertisement specifies the individual's affiliation
4 with the funeral home.
5 (22) Charging for professional services not rendered,
6 including filing false statements for the collection of
7 fees for which services are not rendered.
8 (23) Failing to account for or remit any monies,
9 documents, or personal property that belongs to others that
10 comes into a licensee's possession.
11 (24) Treating any person differently to his detriment
12 because of race, color, creed, gender, religion, or
13 national origin.
14 (25) Knowingly making any false statements, oral or
15 otherwise, of a character likely to influence, persuade or
16 induce others in the course of performing professional
17 services or activities.
18 (26) Willfully making or filing false records or
19 reports in the practice of funeral directing and embalming,
20 including, but not limited to, false records filed with
21 State agencies or departments.
22 (27) Failing to acquire continuing education required
23 under this Code.
24 (28) (Blank).
25 (29) Aiding or assisting another person in violating
26 any provision of this Code or rules adopted pursuant to

HB5597- 760 -LRB098 15874 AMC 50917 b
1 this Code.
2 (30) Failing within 10 days, to provide information in
3 response to a written request made by the Department.
4 (31) Discipline by another state, District of
5 Columbia, territory, foreign nation, or governmental
6 agency, if at least one of the grounds for the discipline
7 is the same or substantially equivalent to those set forth
8 in this Section.
9 (32) (Blank).
10 (33) Mental illness or disability which results in the
11 inability to practice the profession with reasonable
12 judgment, skill, or safety.
13 (34) Gross, willful, or continued overcharging for
14 professional services, including filing false statements
15 for collection of fees for which services are not rendered.
16 (35) Physical illness, including, but not limited to,
17 deterioration through the aging process or loss of motor
18 skill which results in a licensee's inability to practice
19 under this Code with reasonable judgment, skill, or safety.
20 (36) Failing to comply with any of the following
21 required activities:
22 (A) When reasonably possible, a funeral director
23 licensee or funeral director and embalmer licensee or
24 anyone acting on his or her behalf shall obtain the
25 express authorization of the person or persons
26 responsible for making the funeral arrangements for a

HB5597- 761 -LRB098 15874 AMC 50917 b
1 deceased human body prior to removing a body from the
2 place of death or any place it may be or embalming or
3 attempting to embalm a deceased human body, unless
4 required by State or local law. This requirement is
5 waived whenever removal or embalming is directed by
6 local authorities who have jurisdiction. If the
7 responsibility for the handling of the remains
8 lawfully falls under the jurisdiction of a public
9 agency, then the regulations of the public agency shall
10 prevail.
11 (B) A licensee shall clearly mark the price of any
12 casket offered for sale or the price of any service
13 using the casket on or in the casket if the casket is
14 displayed at the funeral establishment. If the casket
15 is displayed at any other location, regardless of
16 whether the licensee is in control of that location,
17 the casket shall be clearly marked and the registrant
18 shall use books, catalogues, brochures, or other
19 printed display aids to show the price of each casket
20 or service.
21 (C) At the time funeral arrangements are made and
22 prior to rendering the funeral services, a licensee
23 shall furnish a written statement of services to be
24 retained by the person or persons making the funeral
25 arrangements, signed by both parties, that shall
26 contain: (i) the name, address and telephone number of

HB5597- 762 -LRB098 15874 AMC 50917 b
1 the funeral establishment and the date on which the
2 arrangements were made; (ii) the price of the service
3 selected and the services and merchandise included for
4 that price; (iii) a clear disclosure that the person or
5 persons making the arrangement may decline and receive
6 credit for any service or merchandise not desired and
7 not required by law or the funeral director or the
8 funeral director and embalmer; (iv) the supplemental
9 items of service and merchandise requested and the
10 price of each item; (v) the terms or method of payment
11 agreed upon; and (vi) a statement as to any monetary
12 advances made by the registrant on behalf of the
13 family. The licensee shall maintain a copy of the
14 written statement of services in its permanent
15 records. All written statements of services are
16 subject to inspection by the Department.
17 (D) In all instances where the place of final
18 disposition of a deceased human body or the cremated
19 remains of a deceased human body is a cemetery, the
20 licensed funeral director and embalmer, or licensed
21 funeral director, who has been engaged to provide
22 funeral or embalming services shall remain at the
23 cemetery and personally witness the placement of the
24 human remains in their designated grave or the sealing
25 of the above ground depository, crypt, or urn. The
26 licensed funeral director or licensed funeral director

HB5597- 763 -LRB098 15874 AMC 50917 b
1 and embalmer may designate a licensed funeral director
2 and embalmer intern or representative of the funeral
3 home to be his or her witness to the placement of the
4 remains. If the cemetery authority, cemetery manager,
5 or any other agent of the cemetery takes any action
6 that prevents compliance with this paragraph (D), then
7 the funeral director and embalmer or funeral director
8 shall provide written notice to the Department within 5
9 business days after failing to comply. If the
10 Department receives this notice, then the Department
11 shall not take any disciplinary action against the
12 funeral director and embalmer or funeral director for a
13 violation of this paragraph (D) unless the Department
14 finds that the cemetery authority, manager, or any
15 other agent of the cemetery did not prevent the funeral
16 director and embalmer or funeral director from
17 complying with this paragraph (D) as claimed in the
18 written notice.
19 (E) A funeral director or funeral director and
20 embalmer shall fully complete the portion of the
21 Certificate of Death under the responsibility of the
22 funeral director or funeral director and embalmer and
23 provide all required information. In the event that any
24 reported information subsequently changes or proves
25 incorrect, a funeral director or funeral director and
26 embalmer shall immediately upon learning the correct

HB5597- 764 -LRB098 15874 AMC 50917 b
1 information correct the Certificate of Death.
2 (37) A finding by the Department that the license,
3 after having his or her license placed on probationary
4 status or subjected to conditions or restrictions,
5 violated the terms of the probation or failed to comply
6 with such terms or conditions.
7 (38) (Blank).
8 (39) Being named as a perpetrator in an indicated
9 report by the Department of Children and Family Services
10 pursuant to the Abused and Neglected Child Reporting Act
11 and, upon proof by clear and convincing evidence, being
12 found to have caused a child to be an abused child or
13 neglected child as defined in the Abused and Neglected
14 Child Reporting Act.
15 (40) Habitual or excessive use or abuse of drugs
16 defined in law as controlled substances, alcohol, or any
17 other substance which results in the inability to practice
18 with reasonable judgment, skill, or safety.
19 (41) Practicing under a false or, except as provided by
20 law, an assumed name.
21 (42) Cheating on or attempting to subvert the licensing
22 examination administered under this Code.
23 (c) The Department may refuse to issue or renew or may
24suspend without a hearing, as provided for in the Department of
25Professional Regulation Law of the Civil Administrative Code of
26Illinois, the license of any person who fails to file a return,

HB5597- 765 -LRB098 15874 AMC 50917 b
1to pay the tax, penalty or interest shown in a filed return, or
2to pay any final assessment of tax, penalty or interest as
3required by any tax Act administered by the Illinois Department
4of Revenue, until the time as the requirements of the tax Act
5are satisfied in accordance with subsection (g) of Section
62105-15 of the Department of Professional Regulation Law of the
7Civil Administrative Code of Illinois.
8 (d) No action may be taken under this Code against a person
9licensed under this Code unless the action is commenced within
105 years after the occurrence of the alleged violations. A
11continuing violation shall be deemed to have occurred on the
12date when the circumstances last existed that give rise to the
13alleged violation.
14 (e) Nothing in this Section shall be construed or enforced
15to give a funeral director and embalmer, or his or her
16designees, authority over the operation of a cemetery or over
17cemetery employees. Nothing in this Section shall be construed
18or enforced to impose duties or penalties on cemeteries with
19respect to the timing of the placement of human remains in
20their designated grave or the sealing of the above ground
21depository, crypt, or urn due to patron safety, the allocation
22of cemetery staffing, liability insurance, a collective
23bargaining agreement, or other such reasons.
24 (f) All fines imposed under this Section shall be paid 60
25days after the effective date of the order imposing the fine.
26 (g) The Department shall deny a license or renewal

HB5597- 766 -LRB098 15874 AMC 50917 b
1authorized by this Code to a person who has defaulted on an
2educational loan or scholarship provided or guaranteed by the
3Illinois Student Assistance Commission or any governmental
4agency of this State in accordance with item (5) of subsection
5(a) (g) of Section 2105-15 of the Department of Professional
6Regulation Law of the Civil Administrative Code of Illinois.
7 (h) In cases where the Department of Healthcare and Family
8Services has previously determined a licensee or a potential
9licensee is more than 30 days delinquent in the payment of
10child support and has subsequently certified the delinquency to
11the Department, the Department may refuse to issue or renew or
12may revoke or suspend that person's license or may take other
13disciplinary action against that person based solely upon the
14certification of delinquency made by the Department of
15Healthcare and Family Services in accordance with item (5) of
16subsection (a) (g) of Section 2105-15 1205-15 of the Department
17of Professional Regulation Law of the Civil Administrative Code
18of Illinois.
19 (i) A person not licensed under this Code who is an owner
20of a funeral establishment or funeral business shall not aid,
21abet, assist, procure, advise, employ, or contract with any
22unlicensed person to offer funeral services or aid, abet,
23assist, or direct any licensed person contrary to or in
24violation of any rules or provisions of this Code. A person
25violating this subsection shall be treated as a licensee for
26the purposes of disciplinary action under this Section and

HB5597- 767 -LRB098 15874 AMC 50917 b
1shall be subject to cease and desist orders as provided in this
2Code, the imposition of a fine up to $10,000 for each violation
3and any other penalty provided by law.
4 (j) The determination by a circuit court that a licensee is
5subject to involuntary admission or judicial admission as
6provided in the Mental Health and Developmental Disabilities
7Code, as amended, operates as an automatic suspension. The
8suspension may end only upon a finding by a court that the
9licensee is no longer subject to the involuntary admission or
10judicial admission and issues an order so finding and
11discharging the licensee, and upon the recommendation of the
12Board to the Secretary that the licensee be allowed to resume
13his or her practice.
14 (k) In enforcing this Code, the Department, upon a showing
15of a possible violation, may compel an individual licensed to
16practice under this Code, or who has applied for licensure
17under this Code, to submit to a mental or physical examination,
18or both, as required by and at the expense of the Department.
19The Department may order the examining physician to present
20testimony concerning the mental or physical examination of the
21licensee or applicant. No information shall be excluded by
22reason of any common law or statutory privilege relating to
23communications between the licensee or applicant and the
24examining physician. The examining physician shall be
25specifically designated by the Department. The individual to be
26examined may have, at his or her own expense, another physician

HB5597- 768 -LRB098 15874 AMC 50917 b
1of his or her choice present during all aspects of this
2examination. The examination shall be performed by a physician
3licensed to practice medicine in all its branches. Failure of
4an individual to submit to a mental or physical examination,
5when directed, shall result in an automatic suspension without
6hearing.
7 A person holding a license under this Code or who has
8applied for a license under this Code who, because of a
9physical or mental illness or disability, including, but not
10limited to, deterioration through the aging process or loss of
11motor skill, is unable to practice the profession with
12reasonable judgment, skill, or safety, may be required by the
13Department to submit to care, counseling, or treatment by
14physicians approved or designated by the Department as a
15condition, term, or restriction for continued, reinstated, or
16renewed licensure to practice. Submission to care, counseling,
17or treatment as required by the Department shall not be
18considered discipline of a license. If the licensee refuses to
19enter into a care, counseling, or treatment agreement or fails
20to abide by the terms of the agreement, the Department may file
21a complaint to revoke, suspend, or otherwise discipline the
22license of the individual. The Secretary may order the license
23suspended immediately, pending a hearing by the Department.
24Fines shall not be assessed in disciplinary actions involving
25physical or mental illness or impairment.
26 In instances in which the Secretary immediately suspends a

HB5597- 769 -LRB098 15874 AMC 50917 b
1person's license under this Section, a hearing on that person's
2license must be convened by the Department within 15 days after
3the suspension and completed without appreciable delay. The
4Department shall have the authority to review the subject
5individual's record of treatment and counseling regarding the
6impairment to the extent permitted by applicable federal
7statutes and regulations safeguarding the confidentiality of
8medical records.
9 An individual licensed under this Code and affected under
10this Section shall be afforded an opportunity to demonstrate to
11the Department that he or she can resume practice in compliance
12with acceptable and prevailing standards under the provisions
13of his or her license.
14(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11;
1597-1130, eff. 8-28-12; revised 11-14-13.)
16 Section 400. The Health Care Worker Background Check Act is
17amended by changing Section 70 as follows:
18 (225 ILCS 46/70)
19 Sec. 70. Centers for Medicare and Medicaid Services (CMMS)
20grant.
21 (a) In this Section:
22 "Centers for Medicare and Medicaid Services (CMMS) grant"
23means the grant awarded to and distributed by the Department of
24Public Health to enhance the conduct of criminal history

HB5597- 770 -LRB098 15874 AMC 50917 b
1records checks of certain health care employees. The CMMS grant
2is authorized by Section 307 of the federal Medicare
3Prescription Drug, Improvement, and Modernization Act of 2003,
4which establishes the framework for a program to evaluate
5national and state background checks on prospective employees
6with direct access to patients of long-term care facilities or
7providers.
8 "Selected health care employer" means any of the following
9selected to participate in the CMMS grant:
10 (1) a community living facility as defined in the
11 Community Living Facility Act;
12 (2) a long-term care facility as defined in the Nursing
13 Home Care Act;
14 (3) a home health agency as defined in the Home Health,
15 Home Services, and Home Nursing Agency Licensing Act;
16 (4) a full hospice as defined in the Hospice Licensing
17 Act;
18 (5) an establishment licensed under the Assisted
19 Living and Shared Housing Act;
20 (6) a supportive living facility as defined in the
21 Illinois Public Aid Code;
22 (7) a day training program certified by the Department
23 of Human Services;
24 (8) a community integrated living arrangement operated
25 by a community mental health and developmental service
26 agency as defined in the Community-Integrated Community

HB5597- 771 -LRB098 15874 AMC 50917 b
1 Integrated Living Arrangements Licensing and Certification
2 Act; or
3 (9) a long-term care hospital or hospital with swing
4 beds.
5 (b) Selected health care employers shall be phased in to
6participate in the CMMS grant between January 1, 2006 and
7January 1, 2007, as prescribed by the Department of Public
8Health by rule.
9 (c) With regards to individuals hired on or after January
101, 2006 who have direct access to residents, patients, or
11clients of the selected health care employer, selected health
12care employers must comply with Section 25 of this Act.
13 "Individuals who have direct access" includes, but is not
14limited to, (i) direct care workers as described in subsection
15(a) of Section 25; (ii) individuals licensed by the Department
16of Financial and Professional Regulation, such as nurses,
17social workers, physical therapists, occupational therapists,
18and pharmacists; (iii) individuals who provide services on
19site, through contract; and (iv) non-direct care workers, such
20as those who work in environmental services, food service, and
21administration.
22 "Individuals who have direct access" does not include
23physicians or volunteers.
24 The Department of Public Health may further define
25"individuals who have direct access" by rule.
26 (d) Each applicant seeking employment in a position

HB5597- 772 -LRB098 15874 AMC 50917 b
1described in subsection (c) of this Section with a selected
2health care employer shall, as a condition of employment, have
3his or her fingerprints submitted to the Department of State
4Police in an electronic format that complies with the form and
5manner for requesting and furnishing criminal history record
6information by the Department of State Police and the Federal
7Bureau of Investigation criminal history record databases now
8and hereafter filed. The Department of State Police shall
9forward the fingerprints to the Federal Bureau of Investigation
10for a national criminal history records check. The Department
11of State Police shall charge a fee for conducting the criminal
12history records check, which shall not exceed the actual cost
13of the records check and shall be deposited into the State
14Police Services Fund. The Department of State Police shall
15furnish, pursuant to positive identification, records of
16Illinois convictions to the Department of Public Health.
17 (e) A selected health care employer who makes a conditional
18offer of employment to an applicant shall:
19 (1) ensure that the applicant has complied with the
20 fingerprinting requirements of this Section;
21 (2) complete documentation relating to any criminal
22 history record, as revealed by the applicant, as prescribed
23 by rule by the Department of Public Health;
24 (3) complete documentation of the applicant's personal
25 identifiers as prescribed by rule by the Department of
26 Public Health; and

HB5597- 773 -LRB098 15874 AMC 50917 b
1 (4) provide supervision, as prescribed by rule by the
2 licensing agency, if the applicant is hired and allowed to
3 work prior to the results of the criminal history records
4 check being obtained.
5 (f) A selected health care employer having actual knowledge
6from a source that an individual with direct access to a
7resident, patient, or client has been convicted of committing
8or attempting to commit one of the offenses enumerated in
9Section 25 of this Act shall contact the licensing agency or
10follow other instructions as prescribed by administrative
11rule.
12 (g) A fingerprint-based criminal history records check
13submitted in accordance with subsection (d) of this Section
14must be submitted as a fee applicant inquiry in the form and
15manner prescribed by the Department of State Police.
16 (h) This Section shall be inapplicable upon the conclusion
17of the CMMS grant.
18(Source: P.A. 94-665, eff. 1-1-06; 94-931, eff. 6-26-06;
1995-331, eff. 8-21-07; revised 11-14-13.)
20 Section 405. The Hearing Instrument Consumer Protection
21Act is amended by changing Section 31 as follows:
22 (225 ILCS 50/31) (from Ch. 111, par. 7431)
23 (Section scheduled to be repealed on January 1, 2016)
24 Sec. 31. The provisions of "The Illinois Administrative

HB5597- 774 -LRB098 15874 AMC 50917 b
1Procedure Act", approved September 22, 1975, as amended, shall
2apply to this Act. All final administrative decisions of the
3Department are subject to judicial review pursuant to the
4provisions of Article III 3 of the "Code of Civil Procedure",
5approved August 19, 1981, as amended. Any circuit court, upon
6the application of the licensee or the Department, may order
7the attendance of witnesses and the production of relevant
8records in any Departmental hearing relative to the application
9for or refusal, recall, suspension or revocation of a license.
10(Source: P.A. 86-800; revised 11-14-13.)
11 Section 410. The Massage Licensing Act is amended by
12changing Section 45 as follows:
13 (225 ILCS 57/45)
14 (Section scheduled to be repealed on January 1, 2022)
15 Sec. 45. Grounds for discipline.
16 (a) The Department may refuse to issue or renew, or may
17revoke, suspend, place on probation, reprimand, or take other
18disciplinary or non-disciplinary action, as the Department
19considers appropriate, including the imposition of fines not to
20exceed $10,000 for each violation, with regard to any license
21or licensee for any one or more of the following:
22 (1) violations of this Act or of the rules adopted
23 under this Act;
24 (2) conviction by plea of guilty or nolo contendere,

HB5597- 775 -LRB098 15874 AMC 50917 b
1 finding of guilt, jury verdict, or entry of judgment or by
2 sentencing of any crime, including, but not limited to,
3 convictions, preceding sentences of supervision,
4 conditional discharge, or first offender probation, under
5 the laws of any jurisdiction of the United States: (i) that
6 is a felony; or (ii) that is a misdemeanor, an essential
7 element of which is dishonesty, or that is directly related
8 to the practice of the profession;
9 (3) professional incompetence;
10 (4) advertising in a false, deceptive, or misleading
11 manner;
12 (5) aiding, abetting, assisting, procuring, advising,
13 employing, or contracting with any unlicensed person to
14 practice massage contrary to any rules or provisions of
15 this Act;
16 (6) engaging in immoral conduct in the commission of
17 any act, such as sexual abuse, sexual misconduct, or sexual
18 exploitation, related to the licensee's practice;
19 (7) engaging in dishonorable, unethical, or
20 unprofessional conduct of a character likely to deceive,
21 defraud, or harm the public;
22 (8) practicing or offering to practice beyond the scope
23 permitted by law or accepting and performing professional
24 responsibilities which the licensee knows or has reason to
25 know that he or she is not competent to perform;
26 (9) knowingly delegating professional responsibilities

HB5597- 776 -LRB098 15874 AMC 50917 b
1 to a person unqualified by training, experience, or
2 licensure to perform;
3 (10) failing to provide information in response to a
4 written request made by the Department within 60 days;
5 (11) having a habitual or excessive use of or addiction
6 to alcohol, narcotics, stimulants, or any other chemical
7 agent or drug which results in the inability to practice
8 with reasonable judgment, skill, or safety;
9 (12) having a pattern of practice or other behavior
10 that demonstrates incapacity or incompetence to practice
11 under this Act;
12 (13) discipline by another state, District of
13 Columbia, territory, or foreign nation, if at least one of
14 the grounds for the discipline is the same or substantially
15 equivalent to those set forth in this Section;
16 (14) a finding by the Department that the licensee,
17 after having his or her license placed on probationary
18 status, has violated the terms of probation;
19 (15) willfully making or filing false records or
20 reports in his or her practice, including, but not limited
21 to, false records filed with State agencies or departments;
22 (16) making a material misstatement in furnishing
23 information to the Department or otherwise making
24 misleading, deceptive, untrue, or fraudulent
25 representations in violation of this Act or otherwise in
26 the practice of the profession;

HB5597- 777 -LRB098 15874 AMC 50917 b
1 (17) fraud or misrepresentation in applying for or
2 procuring a license under this Act or in connection with
3 applying for renewal of a license under this Act;
4 (18) inability to practice the profession with
5 reasonable judgment, skill, or safety as a result of
6 physical illness, including, but not limited to,
7 deterioration through the aging process, loss of motor
8 skill, or a mental illness or disability;
9 (19) charging for professional services not rendered,
10 including filing false statements for the collection of
11 fees for which services are not rendered;
12 (20) practicing under a false or, except as provided by
13 law, an assumed name; or
14 (21) cheating on or attempting to subvert the licensing
15 examination administered under this Act.
16 All fines shall be paid within 60 days of the effective
17date of the order imposing the fine.
18 (b) A person not licensed under this Act and engaged in the
19business of offering massage therapy services through others,
20shall not aid, abet, assist, procure, advise, employ, or
21contract with any unlicensed person to practice massage therapy
22contrary to any rules or provisions of this Act. A person
23violating this subsection (b) shall be treated as a licensee
24for the purposes of disciplinary action under this Section and
25shall be subject to cease and desist orders as provided in
26Section 90 of this Act.

HB5597- 778 -LRB098 15874 AMC 50917 b
1 (c) The Department shall revoke any license issued under
2this Act of any person who is convicted of prostitution, rape,
3sexual misconduct, or any crime that subjects the licensee to
4compliance with the requirements of the Sex Offender
5Registration Act and any such conviction shall operate as a
6permanent bar in the State of Illinois to practice as a massage
7therapist.
8 (d) The Department may refuse to issue or may suspend the
9license of any person who fails to file a tax return, to pay
10the tax, penalty, or interest shown in a filed tax return, or
11to pay any final assessment of tax, penalty, or interest, as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirements of the tax Act
14are satisfied in accordance with subsection (g) of Section
152105-15 of the Civil Administrative Code of Illinois.
16 (e) The Department shall deny a license or renewal
17authorized by this Act to a person who has defaulted on an
18educational loan or scholarship provided or guaranteed by the
19Illinois Student Assistance Commission or any governmental
20agency of this State in accordance with item (5) of subsection
21(a) (g) of Section 2105-15 of the Civil Administrative Code of
22Illinois.
23 (f) In cases where the Department of Healthcare and Family
24Services has previously determined that a licensee or a
25potential licensee is more than 30 days delinquent in the
26payment of child support and has subsequently certified the

HB5597- 779 -LRB098 15874 AMC 50917 b
1delinquency to the Department, the Department may refuse to
2issue or renew or may revoke or suspend that person's license
3or may take other disciplinary action against that person based
4solely upon the certification of delinquency made by the
5Department of Healthcare and Family Services in accordance with
6item (5) of subsection (a) (g) of Section 2105-15 of the Civil
7Administrative Code of Illinois.
8 (g) The determination by a circuit court that a licensee is
9subject to involuntary admission or judicial admission, as
10provided in the Mental Health and Developmental Disabilities
11Code, operates as an automatic suspension. The suspension will
12end only upon a finding by a court that the patient is no
13longer subject to involuntary admission or judicial admission
14and the issuance of a court order so finding and discharging
15the patient.
16 (h) In enforcing this Act, the Department or Board, upon a
17showing of a possible violation, may compel an individual
18licensed to practice under this Act, or who has applied for
19licensure under this Act, to submit to a mental or physical
20examination, or both, as required by and at the expense of the
21Department. The Department or Board may order the examining
22physician to present testimony concerning the mental or
23physical examination of the licensee or applicant. No
24information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician. The

HB5597- 780 -LRB098 15874 AMC 50917 b
1examining physicians shall be specifically designated by the
2Board or Department. The individual to be examined may have, at
3his or her own expense, another physician of his or her choice
4present during all aspects of this examination. The examination
5shall be performed by a physician licensed to practice medicine
6in all its branches. Failure of an individual to submit to a
7mental or physical examination, when directed, shall result in
8an automatic suspension without hearing.
9 A person holding a license under this Act or who has
10applied for a license under this Act who, because of a physical
11or mental illness or disability, including, but not limited to,
12deterioration through the aging process or loss of motor skill,
13is unable to practice the profession with reasonable judgment,
14skill, or safety, may be required by the Department to submit
15to care, counseling, or treatment by physicians approved or
16designated by the Department as a condition, term, or
17restriction for continued, reinstated, or renewed licensure to
18practice. Submission to care, counseling, or treatment as
19required by the Department shall not be considered discipline
20of a license. If the licensee refuses to enter into a care,
21counseling, or treatment agreement or fails to abide by the
22terms of the agreement, the Department may file a complaint to
23revoke, suspend, or otherwise discipline the license of the
24individual. The Secretary may order the license suspended
25immediately, pending a hearing by the Department. Fines shall
26not be assessed in disciplinary actions involving physical or

HB5597- 781 -LRB098 15874 AMC 50917 b
1mental illness or impairment.
2 In instances in which the Secretary immediately suspends a
3person's license under this Section, a hearing on that person's
4license must be convened by the Department within 15 days after
5the suspension and completed without appreciable delay. The
6Department and Board shall have the authority to review the
7subject individual's record of treatment and counseling
8regarding the impairment to the extent permitted by applicable
9federal statutes and regulations safeguarding the
10confidentiality of medical records.
11 An individual licensed under this Act and affected under
12this Section shall be afforded an opportunity to demonstrate to
13the Department or Board that he or she can resume practice in
14compliance with acceptable and prevailing standards under the
15provisions of his or her license.
16(Source: P.A. 97-514, eff. 8-23-11; revised 11-14-13.)
17 Section 415. The Nurse Practice Act is amended by changing
18Section 65-35 as follows:
19 (225 ILCS 65/65-35) (was 225 ILCS 65/15-15)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 65-35. Written collaborative agreements.
22 (a) A written collaborative agreement is required for all
23advanced practice nurses engaged in clinical practice, except
24for advanced practice nurses who are authorized to practice in

HB5597- 782 -LRB098 15874 AMC 50917 b
1a hospital or ambulatory surgical treatment center.
2 (a-5) If an advanced practice nurse engages in clinical
3practice outside of a hospital or ambulatory surgical treatment
4center in which he or she is authorized to practice, the
5advanced practice nurse must have a written collaborative
6agreement.
7 (b) A written collaborative agreement shall describe the
8working relationship of the advanced practice nurse with the
9collaborating physician or podiatric physician and shall
10authorize the categories of care, treatment, or procedures to
11be performed by the advanced practice nurse. A collaborative
12agreement with a dentist must be in accordance with subsection
13(c-10) of this Section. Collaboration does not require an
14employment relationship between the collaborating physician
15and advanced practice nurse. Collaboration means the
16relationship under which an advanced practice nurse works with
17a collaborating physician or podiatric physician in an active
18clinical practice to deliver health care services in accordance
19with (i) the advanced practice nurse's training, education, and
20experience and (ii) collaboration and consultation as
21documented in a jointly developed written collaborative
22agreement.
23 The agreement shall promote the exercise of professional
24judgment by the advanced practice nurse commensurate with his
25or her education and experience. The services to be provided by
26the advanced practice nurse shall be services that the

HB5597- 783 -LRB098 15874 AMC 50917 b
1collaborating physician or podiatric physician is authorized
2to and generally provides or may provide in his or her clinical
3medical or podiatric practice, except as set forth in
4subsection subsections (b-5) or (c-5) of this Section. The
5agreement need not describe the exact steps that an advanced
6practice nurse must take with respect to each specific
7condition, disease, or symptom but must specify which
8authorized procedures require the presence of the
9collaborating physician or podiatric physician as the
10procedures are being performed. The collaborative relationship
11under an agreement shall not be construed to require the
12personal presence of a physician or podiatric physician at the
13place where services are rendered. Methods of communication
14shall be available for consultation with the collaborating
15physician or podiatric physician in person or by
16telecommunications in accordance with established written
17guidelines as set forth in the written agreement.
18 (b-5) Absent an employment relationship, a written
19collaborative agreement may not (1) restrict the categories of
20patients of an advanced practice nurse within the scope of the
21advanced practice nurses training and experience, (2) limit
22third party payors or government health programs, such as the
23medical assistance program or Medicare with which the advanced
24practice nurse contracts, or (3) limit the geographic area or
25practice location of the advanced practice nurse in this State.
26 (c) Collaboration and consultation under all collaboration

HB5597- 784 -LRB098 15874 AMC 50917 b
1agreements shall be adequate if a collaborating physician or
2podiatric physician does each of the following:
3 (1) Participates in the joint formulation and joint
4 approval of orders or guidelines with the advanced practice
5 nurse and he or she periodically reviews such orders and
6 the services provided patients under such orders in
7 accordance with accepted standards of medical practice or
8 podiatric practice and advanced practice nursing practice.
9 (2) Provides collaboration and consultation with the
10 advanced practice nurse at least once a month. In the case
11 of anesthesia services provided by a certified registered
12 nurse anesthetist, an anesthesiologist, a physician, a
13 dentist, or a podiatric physician must participate through
14 discussion of and agreement with the anesthesia plan and
15 remain physically present and available on the premises
16 during the delivery of anesthesia services for diagnosis,
17 consultation, and treatment of emergency medical
18 conditions.
19 (3) Is available through telecommunications for
20 consultation on medical problems, complications, or
21 emergencies or patient referral. In the case of anesthesia
22 services provided by a certified registered nurse
23 anesthetist, an anesthesiologist, a physician, a dentist,
24 or a podiatric physician must participate through
25 discussion of and agreement with the anesthesia plan and
26 remain physically present and available on the premises

HB5597- 785 -LRB098 15874 AMC 50917 b
1 during the delivery of anesthesia services for diagnosis,
2 consultation, and treatment of emergency medical
3 conditions.
4 The agreement must contain provisions detailing notice for
5termination or change of status involving a written
6collaborative agreement, except when such notice is given for
7just cause.
8 (c-5) A certified registered nurse anesthetist, who
9provides anesthesia services outside of a hospital or
10ambulatory surgical treatment center shall enter into a written
11collaborative agreement with an anesthesiologist or the
12physician licensed to practice medicine in all its branches or
13the podiatric physician performing the procedure. Outside of a
14hospital or ambulatory surgical treatment center, the
15certified registered nurse anesthetist may provide only those
16services that the collaborating podiatric physician is
17authorized to provide pursuant to the Podiatric Medical
18Practice Act of 1987 and rules adopted thereunder. A certified
19registered nurse anesthetist may select, order, and administer
20medication, including controlled substances, and apply
21appropriate medical devices for delivery of anesthesia
22services under the anesthesia plan agreed with by the
23anesthesiologist or the operating physician or operating
24podiatric physician.
25 (c-10) A certified registered nurse anesthetist who
26provides anesthesia services in a dental office shall enter

HB5597- 786 -LRB098 15874 AMC 50917 b
1into a written collaborative agreement with an
2anesthesiologist or the physician licensed to practice
3medicine in all its branches or the operating dentist
4performing the procedure. The agreement shall describe the
5working relationship of the certified registered nurse
6anesthetist and dentist and shall authorize the categories of
7care, treatment, or procedures to be performed by the certified
8registered nurse anesthetist. In a collaborating dentist's
9office, the certified registered nurse anesthetist may only
10provide those services that the operating dentist with the
11appropriate permit is authorized to provide pursuant to the
12Illinois Dental Practice Act and rules adopted thereunder. For
13anesthesia services, an anesthesiologist, physician, or
14operating dentist shall participate through discussion of and
15agreement with the anesthesia plan and shall remain physically
16present and be available on the premises during the delivery of
17anesthesia services for diagnosis, consultation, and treatment
18of emergency medical conditions. A certified registered nurse
19anesthetist may select, order, and administer medication,
20including controlled substances, and apply appropriate medical
21devices for delivery of anesthesia services under the
22anesthesia plan agreed with by the operating dentist.
23 (d) A copy of the signed, written collaborative agreement
24must be available to the Department upon request from both the
25advanced practice nurse and the collaborating physician or
26podiatric physician.

HB5597- 787 -LRB098 15874 AMC 50917 b
1 (e) Nothing in this Act shall be construed to limit the
2delegation of tasks or duties by a physician to a licensed
3practical nurse, a registered professional nurse, or other
4persons in accordance with Section 54.2 of the Medical Practice
5Act of 1987. Nothing in this Act shall be construed to limit
6the method of delegation that may be authorized by any means,
7including, but not limited to, oral, written, electronic,
8standing orders, protocols, guidelines, or verbal orders.
9 (f) An advanced practice nurse shall inform each
10collaborating physician, dentist, or podiatric physician of
11all collaborative agreements he or she has signed and provide a
12copy of these to any collaborating physician, dentist, or
13podiatric physician upon request.
14 (g) For the purposes of this Act, "generally provides or
15may provide in his or her clinical medical practice" means
16categories of care or treatment, not specific tasks or duties,
17the physician podiatric physician provides individually or
18through delegation to other persons so that the physician
19podiatric physician has the experience and ability to provide
20collaboration and consultation. This definition shall not be
21construed to prohibit an advanced practice nurse from providing
22primary health treatment or care within the scope of his or her
23training and experience, including, but not limited to, health
24screenings, patient histories, physical examinations, women's
25health examinations, or school physicals that may be provided
26as part of the routine practice of an advanced practice nurse

HB5597- 788 -LRB098 15874 AMC 50917 b
1or on a volunteer basis.
2 For the purposes of this Act, "generally provides or may
3provide in to his or her patients in the normal course of his
4or her clinical podiatric practice" means services, not
5specific tasks or duties, that the podiatric physician
6podiatrist routinely provides individually or through
7delegation to other persons so that the podiatric physician
8podiatrist has the experience and ability to provide
9collaboration and consultation.
10(Source: P.A. 97-358, eff. 8-12-11; 98-192, eff. 1-1-14;
1198-214, eff. 8-9-13; revised 9-24-13.)
12 Section 420. The Illinois Occupational Therapy Practice
13Act is amended by changing Sections 3, 3.1, 15, 19, and 21 as
14follows:
15 (225 ILCS 75/3) (from Ch. 111, par. 3703)
16 (Section scheduled to be repealed on January 1, 2024)
17 Sec. 3. Licensure requirement; exempt activities. After
18the effective date of this Act, no person shall practice
19occupational therapy or hold himself out as an occupational
20therapist or an occupational therapy assistant, or as being
21able to practice occupational therapy or to render services
22designated as occupational therapy in this State, unless he is
23licensed in accordance with the provisions of this Act.
24 Nothing in this Act shall be construed as preventing or

HB5597- 789 -LRB098 15874 AMC 50917 b
1restricting the practice, services, or activities of:
2 (1) Any person licensed in this State by any other law
3 from engaging in the profession or occupation for which he
4 is licensed; or
5 (2) Any person employed as an occupational therapist or
6 occupational therapy assistant by the Government of the
7 United States, if such person provides occupational
8 therapy solely under the direction or control of the
9 organization by which he or she is employed; or
10 (3) Any person pursuing a course of study leading to a
11 degree or certificate in occupational therapy at an
12 accredited or approved educational program if such
13 activities and services constitute a part of a supervised
14 course of study, and if such person is designated by a
15 title which clearly indicates his or her status as a
16 student or trainee; or
17 (4) Any person fulfilling the supervised work
18 experience requirements of Sections 8 and 9 of this Act, if
19 such activities and services constitute a part of the
20 experience necessary to meet the requirement of those
21 Sections; or
22 (5) Any person performing occupational therapy
23 services in the State, if such a person is not a resident
24 of this State and is not licensed under this Act, and if
25 such services are performed for no more than 60 days a
26 calendar year in association with an occupational

HB5597- 790 -LRB098 15874 AMC 50917 b
1 therapist licensed under this Act and if such person meets
2 the qualifications for license under this Act and:
3 (i) such person is licensed under the law of
4 another state which has licensure requirements at
5 least as restrictive as the requirements of this Act,
6 or
7 (ii) such person meets the requirements for
8 certification as an Occupational Therapist Registered
9 (O.T.R.) or a Certified Occupational Therapy Assistant
10 (C.O.T.A.) established by the National Board for
11 Certification of Occupational Therapy or another
12 nationally recognized credentialing body approved by
13 the Board; or
14 (6) The practice of occupational therapy by one who has
15 applied in writing to the Department for a license, in form
16 and substance satisfactory to the Department, and has
17 complied with all the provisions of either Section 8 or 9
18 except the passing of the examination to be eligible to
19 receive such license. In no event shall this exemption
20 extend to any person for longer than 6 months, except as
21 follows:
22 (i) if the date on which a person can take the next
23 available examination authorized by the Department
24 extends beyond 6 months from the date the person
25 completes the occupational therapy program as required
26 under Section 8 or 9, the Department shall extend the

HB5597- 791 -LRB098 15874 AMC 50917 b
1 exemption until the results of that examination become
2 available to the Department; or
3 (ii) if the Department is unable to complete its
4 evaluation and processing of a person's application
5 for a license within 6 months after the date on which
6 the application is submitted to the Department in
7 proper form, the Department shall extend the exemption
8 until the Department has completed its evaluation and
9 processing of the application.
10 In the event such applicant fails the examination, the
11 applicant shall cease work immediately until such time as
12 the applicant is licensed to practice occupational therapy
13 in this State; or .
14 (7) The practice of occupational therapy by one who has
15 applied to the Department, in form and substance
16 satisfactory to the Department, and who is licensed to
17 practice occupational therapy under the laws of another
18 state, territory of the United States or country and who is
19 qualified to receive a license under the provisions of
20 either Section 8 or 9 of this Act. In no event shall this
21 exemption extend to any person for longer than 6 months;
22 or .
23 (8) (Blank).
24(Source: P.A. 98-264, eff. 12-31-13; revised 11-14-13.)
25 (225 ILCS 75/3.1)

HB5597- 792 -LRB098 15874 AMC 50917 b
1 (Section scheduled to be repealed on January 1, 2024)
2 Sec. 3.1. Referrals.
3 (a) A licensed occupational therapist or licensed
4occupational therapy assistant may consult with, educate,
5evaluate, and monitor services for individuals, groups, and
6populations concerning occupational therapy needs. Except as
7indicated in subsections (b) and (c) of this Section,
8implementation of direct occupational therapy treatment to
9individuals for their specific health care conditions shall be
10based upon a referral from a licensed physician, dentist,
11podiatric physician, or advanced practice nurse who has a
12written collaborative agreement with a collaborating physician
13to provide or accept referrals from licensed occupational
14therapists, physician assistant who has been delegated
15authority to provide or accept referrals from or to licensed
16occupational therapists, or optometrist.
17 (b) A referral is not required for the purpose of providing
18consultation, habilitation, screening, education, wellness,
19prevention, environmental assessments, and work-related
20ergonomic services to individuals, groups, or populations.
21 (c) Referral from a physician or other health care provider
22is not required for evaluation or intervention for children and
23youths if an occupational therapist or occupational therapy
24assistant provides services in a school-based or educational
25environment, including the child's home.
26 (d) An occupational therapist shall refer to a licensed

HB5597- 793 -LRB098 15874 AMC 50917 b
1physician, dentist, optometrist, advanced practice nurse,
2physician assistant, or podiatric physician any patient whose
3medical condition should, at the time of evaluation or
4treatment, be determined to be beyond the scope of practice of
5the occupational therapist.
6(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
7revised 9-9-13.)
8 (225 ILCS 75/15) (from Ch. 111, par. 3715)
9 (Section scheduled to be repealed on January 1, 2024)
10 Sec. 15. Any person who is issued a license as an
11occupational therapist registered under the terms of this Act
12may use the words "occupational therapist" or "licensed
13occupational therapist", or may use the letters "O.T.", "OT/L",
14or "OTR/L", in connection with his or her name or place of
15business to denote his or her licensure under this Act.
16 Any person who is issued a license as an a occupational
17therapy assistant under the terms of this Act may use the
18words, "occupational therapy assistant" or "licensed
19occupational therapy assistant", or he or she may use the
20letters "O.T.A.", "OTA/L", or "COTA/L" in connection with his
21or her name or place of business to denote his or her licensure
22under this Act.
23(Source: P.A. 98-264, eff. 12-31-13; revised 11-12-13.)
24 (225 ILCS 75/19) (from Ch. 111, par. 3719)

HB5597- 794 -LRB098 15874 AMC 50917 b
1 (Section scheduled to be repealed on January 1, 2024)
2 Sec. 19. Grounds for discipline.
3 (a) The Department may refuse to issue or renew, or may
4revoke, suspend, place on probation, reprimand or take other
5disciplinary or non-disciplinary action as the Department may
6deem proper, including imposing fines not to exceed $10,000 for
7each violation and the assessment of costs as provided under
8Section 19.3 of this Act, with regard to any license for any
9one or combination of the following:
10 (1) Material misstatement in furnishing information to
11 the Department;
12 (2) Violations of this Act, or of the rules promulgated
13 thereunder;
14 (3) Conviction by plea of guilty or nolo contendere,
15 finding of guilt, jury verdict, or entry of judgment or
16 sentencing of any crime, including, but not limited to,
17 convictions, preceding sentences of supervision,
18 conditional discharge, or first offender probation, under
19 the laws of any jurisdiction of the United States that is
20 (i) a felony or (ii) a misdemeanor, an essential element of
21 which is dishonesty, or that is directly related to the
22 practice of the profession;
23 (4) Fraud or any misrepresentation in applying for or
24 procuring a license under this Act, or in connection with
25 applying for renewal of a license under this Act;
26 (5) Professional incompetence;

HB5597- 795 -LRB098 15874 AMC 50917 b
1 (6) Aiding or assisting another person, firm,
2 partnership or corporation in violating any provision of
3 this Act or rules;
4 (7) Failing, within 60 days, to provide information in
5 response to a written request made by the Department;
6 (8) Engaging in dishonorable, unethical or
7 unprofessional conduct of a character likely to deceive,
8 defraud or harm the public;
9 (9) Habitual or excessive use or abuse of drugs defined
10 in law as controlled substances, alcohol, or any other
11 substance that results in the inability to practice with
12 reasonable judgment, skill, or safety;
13 (10) Discipline by another state, unit of government,
14 government agency, the District of Columbia, a territory,
15 or foreign nation, if at least one of the grounds for the
16 discipline is the same or substantially equivalent to those
17 set forth herein;
18 (11) Directly or indirectly giving to or receiving from
19 any person, firm, corporation, partnership, or association
20 any fee, commission, rebate or other form of compensation
21 for professional services not actually or personally
22 rendered. Nothing in this paragraph (11) affects any bona
23 fide independent contractor or employment arrangements
24 among health care professionals, health facilities, health
25 care providers, or other entities, except as otherwise
26 prohibited by law. Any employment arrangements may include

HB5597- 796 -LRB098 15874 AMC 50917 b
1 provisions for compensation, health insurance, pension, or
2 other employment benefits for the provision of services
3 within the scope of the licensee's practice under this Act.
4 Nothing in this paragraph (11) shall be construed to
5 require an employment arrangement to receive professional
6 fees for services rendered;
7 (12) A finding by the Department that the license
8 holder, after having his license disciplined, has violated
9 the terms of the discipline;
10 (13) Wilfully making or filing false records or reports
11 in the practice of occupational therapy, including but not
12 limited to false records filed with the State agencies or
13 departments;
14 (14) Physical illness, including but not limited to,
15 deterioration through the aging process, or loss of motor
16 skill which results in the inability to practice under this
17 Act with reasonable judgment, skill, or safety;
18 (15) Solicitation of professional services other than
19 by permitted advertising;
20 (16) Allowing one's license under this Act to be used
21 by an unlicensed person in violation of this Act;
22 (17) Practicing under a false or, except as provided by
23 law, assumed name;
24 (18) Professional incompetence or gross negligence;
25 (19) Malpractice;
26 (20) Promotion of the sale of drugs, devices,

HB5597- 797 -LRB098 15874 AMC 50917 b
1 appliances, or goods provided for a patient in any manner
2 to exploit the client for financial gain of the licensee;
3 (21) Gross, willful, or continued overcharging for
4 professional services;
5 (22) Mental illness or disability that results in the
6 inability to practice under this Act with reasonable
7 judgment, skill, or safety;
8 (23) Violating the Health Care Worker Self-Referral
9 Act;
10 (24) Having treated patients other than by the practice
11 of occupational therapy as defined in this Act, or having
12 treated patients as a licensed occupational therapist
13 independent of a referral from a physician, advanced
14 practice nurse or physician assistant in accordance with
15 Section 3.1, dentist, podiatric physician, or optometrist,
16 or having failed to notify the physician, advanced practice
17 nurse, physician assistant, dentist, podiatric physician,
18 or optometrist who established a diagnosis that the patient
19 is receiving occupational therapy pursuant to that
20 diagnosis;
21 (25) Cheating on or attempting to subvert the licensing
22 examination administered under this Act; and
23 (26) Charging for professional services not rendered,
24 including filing false statements for the collection of
25 fees for which services are not rendered.
26 All fines imposed under this Section shall be paid within

HB5597- 798 -LRB098 15874 AMC 50917 b
160 days after the effective date of the order imposing the fine
2or in accordance with the terms set forth in the order imposing
3the fine.
4 (b) The determination by a circuit court that a license
5holder is subject to involuntary admission or judicial
6admission as provided in the Mental Health and Developmental
7Disabilities Code, as now or hereafter amended, operates as an
8automatic suspension. Such suspension will end only upon a
9finding by a court that the patient is no longer subject to
10involuntary admission or judicial admission and an order by the
11court so finding and discharging the patient. In any case where
12a license is suspended under this provision, the licensee shall
13file a petition for restoration and shall include evidence
14acceptable to the Department that the licensee can resume
15practice in compliance with acceptable and prevailing
16standards of their profession.
17 (c) The Department may refuse to issue or may suspend
18without hearing, as provided for in the Code of Civil
19Procedure, the license of any person who fails to file a
20return, to pay the tax, penalty, or interest shown in a filed
21return, or to pay any final assessment of tax, penalty, or
22interest as required by any tax Act administered by the
23Illinois Department of Revenue, until such time as the
24requirements of any such tax Act are satisfied in accordance
25with subsection (a) of Section 2105-15 of the Department of
26Professional Regulation Law of the Civil Administrative Code of

HB5597- 799 -LRB098 15874 AMC 50917 b
1Illinois.
2 (d) In enforcing this Section, the Department, upon a
3showing of a possible violation, may compel any individual who
4is licensed under this Act or any individual who has applied
5for licensure to submit to a mental or physical examination or
6evaluation, or both, which may include a substance abuse or
7sexual offender evaluation, at the expense of the Department.
8The Department shall specifically designate the examining
9physician licensed to practice medicine in all of its branches
10or, if applicable, the multidisciplinary team involved in
11providing the mental or physical examination and evaluation.
12The multidisciplinary team shall be led by a physician licensed
13to practice medicine in all of its branches and may consist of
14one or more or a combination of physicians licensed to practice
15medicine in all of its branches, licensed chiropractic
16physicians, licensed clinical psychologists, licensed clinical
17social workers, licensed clinical professional counselors, and
18other professional and administrative staff. Any examining
19physician or member of the multidisciplinary team may require
20any person ordered to submit to an examination and evaluation
21pursuant to this Section to submit to any additional
22supplemental testing deemed necessary to complete any
23examination or evaluation process, including, but not limited
24to, blood testing, urinalysis, psychological testing, or
25neuropsychological testing.
26 The Department may order the examining physician or any

HB5597- 800 -LRB098 15874 AMC 50917 b
1member of the multidisciplinary team to provide to the
2Department any and all records, including business records,
3that relate to the examination and evaluation, including any
4supplemental testing performed. The Department may order the
5examining physician or any member of the multidisciplinary team
6to present testimony concerning this examination and
7evaluation of the licensee or applicant, including testimony
8concerning any supplemental testing or documents relating to
9the examination and evaluation. No information, report,
10record, or other documents in any way related to the
11examination and evaluation shall be excluded by reason of any
12common law or statutory privilege relating to communication
13between the licensee or applicant and the examining physician
14or any member of the multidisciplinary team. No authorization
15is necessary from the licensee or applicant ordered to undergo
16an evaluation and examination for the examining physician or
17any member of the multidisciplinary team to provide
18information, reports, records, or other documents or to provide
19any testimony regarding the examination and evaluation. The
20individual to be examined may have, at his or her own expense,
21another physician of his or her choice present during all
22aspects of the examination.
23 Failure of any individual to submit to mental or physical
24examination or evaluation, or both, when directed, shall result
25in an automatic suspension without hearing, until such time as
26the individual submits to the examination. If the Department

HB5597- 801 -LRB098 15874 AMC 50917 b
1finds a licensee unable to practice because of the reasons set
2forth in this Section, the Department shall require the
3licensee to submit to care, counseling, or treatment by
4physicians approved or designated by the Department as a
5condition for continued, reinstated, or renewed licensure.
6 When the Secretary immediately suspends a license under
7this Section, a hearing upon such person's license must be
8convened by the Department within 15 days after the suspension
9and completed without appreciable delay. The Department shall
10have the authority to review the licensee's record of treatment
11and counseling regarding the impairment to the extent permitted
12by applicable federal statutes and regulations safeguarding
13the confidentiality of medical records.
14 Individuals licensed under this Act that are affected under
15this Section, shall be afforded an opportunity to demonstrate
16to the Department that they can resume practice in compliance
17with acceptable and prevailing standards under the provisions
18of their license.
19 (e) The Department shall deny a license or renewal
20authorized by this Act to a person who has defaulted on an
21educational loan or scholarship provided or guaranteed by the
22Illinois Student Assistance Commission or any governmental
23agency of this State in accordance with paragraph (5) of
24subsection (a) of Section 2105-15 of the Department of
25Professional Regulation Law of the Civil Administrative Code of
26Illinois.

HB5597- 802 -LRB098 15874 AMC 50917 b
1 (f) In cases where the Department of Healthcare and Family
2Services has previously determined a licensee or a potential
3licensee is more than 30 days delinquent in the payment of
4child support and has subsequently certified the delinquency to
5the Department, the Department may refuse to issue or renew or
6may revoke or suspend that person's license or may take other
7disciplinary action against that person based solely upon the
8certification of delinquency made by the Department of
9Healthcare and Family Services in accordance with paragraph (5)
10of subsection (a) of Section 2105-15 of the Department of
11Professional Regulation Law of the Civil Administrative Code of
12Illinois.
13(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
14revised 9-24-13.)
15 (225 ILCS 75/21) (from Ch. 111, par. 3737)
16 (Section scheduled to be repealed on January 1, 2024)
17 Sec. 21. Home rule. The regulation and licensing as an a
18occupational therapist are exclusive powers and functions of
19the State. A home rule unit may not regulate or license an
20occupational therapist or the practice of occupational
21therapy. This Section is a denial and limitation of home rule
22powers and functions under subsection (h) of Section 6 of
23Article VII of the Illinois Constitution.
24(Source: P.A. 98-264, eff. 12-31-13; revised 11-12-13.)

HB5597- 803 -LRB098 15874 AMC 50917 b
1 Section 425. The Orthotics, Prosthetics, and Pedorthics
2Practice Act is amended by changing Section 90 as follows:
3 (225 ILCS 84/90)
4 (Section scheduled to be repealed on January 1, 2020)
5 Sec. 90. Grounds for discipline.
6 (a) The Department may refuse to issue or renew a license,
7or may revoke or suspend a license, or may suspend, place on
8probation, or reprimand a licensee or take other disciplinary
9or non-disciplinary action as the Department may deem proper,
10including, but not limited to, the imposition of fines not to
11exceed $10,000 for each violation for one or any combination of
12the following:
13 (1) Making a material misstatement in furnishing
14 information to the Department or the Board.
15 (2) Violations of or negligent or intentional
16 disregard of this Act or its rules.
17 (3) Conviction of, or entry of a plea of guilty or nolo
18 contendere to any crime that is a felony under the laws of
19 the United States or any state or territory thereof or that
20 is a misdemeanor of which an essential element is
21 dishonesty, or any crime that is directly related to the
22 practice of the profession.
23 (4) Making a misrepresentation for the purpose of
24 obtaining a license.
25 (5) A pattern of practice or other behavior that

HB5597- 804 -LRB098 15874 AMC 50917 b
1 demonstrates incapacity or incompetence to practice under
2 this Act.
3 (6) Gross negligence under this Act.
4 (7) Aiding or assisting another person in violating a
5 provision of this Act or its rules.
6 (8) Failing to provide information within 60 days in
7 response to a written request made by the Department.
8 (9) Engaging in dishonorable, unethical, or
9 unprofessional conduct or conduct of a character likely to
10 deceive, defraud, or harm the public.
11 (10) Inability to practice with reasonable judgment,
12 skill, or safety as a result of habitual or excessive use
13 or addiction to alcohol, narcotics, stimulants, or any
14 other chemical agent or drug.
15 (11) Discipline by another state or territory of the
16 United States, the federal government, or foreign nation,
17 if at least one of the grounds for the discipline is the
18 same or substantially equivalent to one set forth in this
19 Section.
20 (12) Directly or indirectly giving to or receiving from
21 a person, firm, corporation, partnership, or association a
22 fee, commission, rebate, or other form of compensation for
23 professional services not actually or personally rendered.
24 Nothing in this paragraph (12) affects any bona fide
25 independent contractor or employment arrangements among
26 health care professionals, health facilities, health care

HB5597- 805 -LRB098 15874 AMC 50917 b
1 providers, or other entities, except as otherwise
2 prohibited by law. Any employment arrangements may include
3 provisions for compensation, health insurance, pension, or
4 other employment benefits for the provision of services
5 within the scope of the licensee's practice under this Act.
6 Nothing in this paragraph (12) shall be construed to
7 require an employment arrangement to receive professional
8 fees for services rendered.
9 (13) A finding by the Board that the licensee or
10 registrant, after having his or her license placed on
11 probationary status, has violated the terms of probation.
12 (14) Abandonment of a patient or client.
13 (15) Willfully making or filing false records or
14 reports in his or her practice including, but not limited
15 to, false records filed with State agencies or departments.
16 (16) Willfully failing to report an instance of
17 suspected child abuse or neglect as required by the Abused
18 and Neglected Child Reporting Act.
19 (17) Inability to practice the profession with
20 reasonable judgment, skill, or safety as a result of a
21 physical illness, including, but not limited to,
22 deterioration through the aging process or loss of motor
23 skill, or a mental illness or disability.
24 (18) Solicitation of professional services using false
25 or misleading advertising.
26 (b) In enforcing this Section, the Department or Board upon

HB5597- 806 -LRB098 15874 AMC 50917 b
1a showing of a possible violation, may compel a licensee or
2applicant to submit to a mental or physical examination, or
3both, as required by and at the expense of the Department. The
4Department or Board may order the examining physician to
5present testimony concerning the mental or physical
6examination of the licensee or applicant. No information shall
7be excluded by reason of any common law or statutory privilege
8relating to communications between the licensee or applicant
9and the examining physician. The examining physicians shall be
10specifically designated by the Board or Department. The
11individual to be examined may have, at his or her own expense,
12another physician of his or her choice present during all
13aspects of this examination. Failure of an individual to submit
14to a mental or physical examination, when directed, shall be
15grounds for the immediate suspension of his or her license
16until the individual submits to the examination if the
17Department finds that the refusal to submit to the examination
18was without reasonable cause as defined by rule.
19 In instances in which the Secretary immediately suspends a
20person's license for his or her failure to submit to a mental
21or physical examination, when directed, a hearing on that
22person's license must be convened by the Department within 15
23days after the suspension and completed without appreciable
24delay.
25 In instances in which the Secretary otherwise suspends a
26person's license pursuant to the results of a compelled mental

HB5597- 807 -LRB098 15874 AMC 50917 b
1or physical examination, a hearing on that person's license
2must be convened by the Department within 15 days after the
3suspension and completed without appreciable delay. The
4Department and Board shall have the authority to review the
5subject individual's record of treatment and counseling
6regarding the impairment to the extent permitted by applicable
7federal statutes and regulations safeguarding the
8confidentiality of medical records.
9 An individual licensed under this Act and affected under
10this Section shall be afforded an opportunity to demonstrate to
11the Department or Board that he or she can resume practice in
12compliance with acceptable and prevailing standards under the
13provisions of his or her license.
14 (c) The Department shall deny a license or renewal
15authorized by this Act to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with subsection (a)(5) of
19Section 2105-15 15 of the Department of Professional Regulation
20Law of the Civil Administrative Code of Illinois (20 ILCS
212105/2105-15).
22 (d) In cases where the Department of Healthcare and Family
23Services (formerly Department of Public Aid) has previously
24determined that a licensee or a potential licensee is more than
2530 days delinquent in the payment of child support and has
26subsequently certified the delinquency to the Department, the

HB5597- 808 -LRB098 15874 AMC 50917 b
1Department may refuse to issue or renew or may revoke or
2suspend that person's license or may take other disciplinary
3action against that person based solely upon the certification
4of delinquency made by the Department of Healthcare and Family
5Services in accordance with subsection (a)(5) of Section
62105-15 15 of the Department of Professional Regulation Law of
7the Civil Administrative Code of Illinois (20 ILCS
82105/2105-15).
9 (e) The Department may refuse to issue or renew a license,
10or may revoke or suspend a license, for failure to file a
11return, to pay the tax, penalty, or interest shown in a filed
12return, or to pay any final assessment of tax, penalty, or
13interest as required by any tax Act administered by the
14Department of Revenue, until such time as the requirements of
15the tax Act are satisfied in accordance with subsection (g) of
16Section 2105-15 15 of the Department of Professional Regulation
17Law of the Civil Administrative Code of Illinois (20 ILCS
182105/2105-15).
19(Source: P.A. 96-682, eff. 8-25-09; 96-1482, eff. 11-29-10;
20revised 11-14-13.)
21 Section 430. The Pharmacy Practice Act is amended by
22changing Section 3 as follows:
23 (225 ILCS 85/3)
24 (Section scheduled to be repealed on January 1, 2018)

HB5597- 809 -LRB098 15874 AMC 50917 b
1 Sec. 3. Definitions. For the purpose of this Act, except
2where otherwise limited therein:
3 (a) "Pharmacy" or "drugstore" means and includes every
4store, shop, pharmacy department, or other place where
5pharmacist care is provided by a pharmacist (1) where drugs,
6medicines, or poisons are dispensed, sold or offered for sale
7at retail, or displayed for sale at retail; or (2) where
8prescriptions of physicians, dentists, advanced practice
9nurses, physician assistants, veterinarians, podiatric
10physicians, or optometrists, within the limits of their
11licenses, are compounded, filled, or dispensed; or (3) which
12has upon it or displayed within it, or affixed to or used in
13connection with it, a sign bearing the word or words
14"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
15"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
16"Drugs", "Dispensary", "Medicines", or any word or words of
17similar or like import, either in the English language or any
18other language; or (4) where the characteristic prescription
19sign (Rx) or similar design is exhibited; or (5) any store, or
20shop, or other place with respect to which any of the above
21words, objects, signs or designs are used in any advertisement.
22 (b) "Drugs" means and includes (l) articles recognized in
23the official United States Pharmacopoeia/National Formulary
24(USP/NF), or any supplement thereto and being intended for and
25having for their main use the diagnosis, cure, mitigation,
26treatment or prevention of disease in man or other animals, as

HB5597- 810 -LRB098 15874 AMC 50917 b
1approved by the United States Food and Drug Administration, but
2does not include devices or their components, parts, or
3accessories; and (2) all other articles intended for and having
4for their main use the diagnosis, cure, mitigation, treatment
5or prevention of disease in man or other animals, as approved
6by the United States Food and Drug Administration, but does not
7include devices or their components, parts, or accessories; and
8(3) articles (other than food) having for their main use and
9intended to affect the structure or any function of the body of
10man or other animals; and (4) articles having for their main
11use and intended for use as a component or any articles
12specified in clause (l), (2) or (3); but does not include
13devices or their components, parts or accessories.
14 (c) "Medicines" means and includes all drugs intended for
15human or veterinary use approved by the United States Food and
16Drug Administration.
17 (d) "Practice of pharmacy" means (1) the interpretation and
18the provision of assistance in the monitoring, evaluation, and
19implementation of prescription drug orders; (2) the dispensing
20of prescription drug orders; (3) participation in drug and
21device selection; (4) drug administration limited to the
22administration of oral, topical, injectable, and inhalation as
23follows: in the context of patient education on the proper use
24or delivery of medications; vaccination of patients 14 years of
25age and older pursuant to a valid prescription or standing
26order, by a physician licensed to practice medicine in all its

HB5597- 811 -LRB098 15874 AMC 50917 b
1branches, upon completion of appropriate training, including
2how to address contraindications and adverse reactions set
3forth by rule, with notification to the patient's physician and
4appropriate record retention, or pursuant to hospital pharmacy
5and therapeutics committee policies and procedures; (5)
6vaccination of patients ages 10 through 13 limited to the
7Influenza (inactivated influenza vaccine and live attenuated
8influenza intranasal vaccine) and Tdap (defined as tetanus,
9diphtheria, acellular pertussis) vaccines, pursuant to a valid
10prescription or standing order, by a physician licensed to
11practice medicine in all its branches, upon completion of
12appropriate training, including how to address
13contraindications and adverse reactions set forth by rule, with
14notification to the patient's physician and appropriate record
15retention, or pursuant to hospital pharmacy and therapeutics
16committee policies and procedures; (6) drug regimen review; (7)
17drug or drug-related research; (8) the provision of patient
18counseling; (9) the practice of telepharmacy; (10) the
19provision of those acts or services necessary to provide
20pharmacist care; (11) medication therapy management; and (12)
21the responsibility for compounding and labeling of drugs and
22devices (except labeling by a manufacturer, repackager, or
23distributor of non-prescription drugs and commercially
24packaged legend drugs and devices), proper and safe storage of
25drugs and devices, and maintenance of required records. A
26pharmacist who performs any of the acts defined as the practice

HB5597- 812 -LRB098 15874 AMC 50917 b
1of pharmacy in this State must be actively licensed as a
2pharmacist under this Act.
3 (e) "Prescription" means and includes any written, oral,
4facsimile, or electronically transmitted order for drugs or
5medical devices, issued by a physician licensed to practice
6medicine in all its branches, dentist, veterinarian, or
7podiatric physician, or optometrist, within the limits of their
8licenses, by a physician assistant in accordance with
9subsection (f) of Section 4, or by an advanced practice nurse
10in accordance with subsection (g) of Section 4, containing the
11following: (l) name of the patient; (2) date when prescription
12was issued; (3) name and strength of drug or description of the
13medical device prescribed; and (4) quantity; (5) directions for
14use; (6) prescriber's name, address, and signature; and (7) DEA
15number where required, for controlled substances. The
16prescription may, but is not required to, list the illness,
17disease, or condition for which the drug or device is being
18prescribed. DEA numbers shall not be required on inpatient drug
19orders.
20 (f) "Person" means and includes a natural person,
21copartnership, association, corporation, government entity, or
22any other legal entity.
23 (g) "Department" means the Department of Financial and
24Professional Regulation.
25 (h) "Board of Pharmacy" or "Board" means the State Board of
26Pharmacy of the Department of Financial and Professional

HB5597- 813 -LRB098 15874 AMC 50917 b
1Regulation.
2 (i) "Secretary" means the Secretary of Financial and
3Professional Regulation.
4 (j) "Drug product selection" means the interchange for a
5prescribed pharmaceutical product in accordance with Section
625 of this Act and Section 3.14 of the Illinois Food, Drug and
7Cosmetic Act.
8 (k) "Inpatient drug order" means an order issued by an
9authorized prescriber for a resident or patient of a facility
10licensed under the Nursing Home Care Act, the ID/DD Community
11Care Act, the Specialized Mental Health Rehabilitation Act of
122013, or the Hospital Licensing Act, or "An Act in relation to
13the founding and operation of the University of Illinois
14Hospital and the conduct of University of Illinois health care
15programs", approved July 3, 1931, as amended, or a facility
16which is operated by the Department of Human Services (as
17successor to the Department of Mental Health and Developmental
18Disabilities) or the Department of Corrections.
19 (k-5) "Pharmacist" means an individual health care
20professional and provider currently licensed by this State to
21engage in the practice of pharmacy.
22 (l) "Pharmacist in charge" means the licensed pharmacist
23whose name appears on a pharmacy license and who is responsible
24for all aspects of the operation related to the practice of
25pharmacy.
26 (m) "Dispense" or "dispensing" means the interpretation,

HB5597- 814 -LRB098 15874 AMC 50917 b
1evaluation, and implementation of a prescription drug order,
2including the preparation and delivery of a drug or device to a
3patient or patient's agent in a suitable container
4appropriately labeled for subsequent administration to or use
5by a patient in accordance with applicable State and federal
6laws and regulations. "Dispense" or "dispensing" does not mean
7the physical delivery to a patient or a patient's
8representative in a home or institution by a designee of a
9pharmacist or by common carrier. "Dispense" or "dispensing"
10also does not mean the physical delivery of a drug or medical
11device to a patient or patient's representative by a
12pharmacist's designee within a pharmacy or drugstore while the
13pharmacist is on duty and the pharmacy is open.
14 (n) "Nonresident pharmacy" means a pharmacy that is located
15in a state, commonwealth, or territory of the United States,
16other than Illinois, that delivers, dispenses, or distributes,
17through the United States Postal Service, commercially
18acceptable parcel delivery service, or other common carrier, to
19Illinois residents, any substance which requires a
20prescription.
21 (o) "Compounding" means the preparation and mixing of
22components, excluding flavorings, (1) as the result of a
23prescriber's prescription drug order or initiative based on the
24prescriber-patient-pharmacist relationship in the course of
25professional practice or (2) for the purpose of, or incident
26to, research, teaching, or chemical analysis and not for sale

HB5597- 815 -LRB098 15874 AMC 50917 b
1or dispensing. "Compounding" includes the preparation of drugs
2or devices in anticipation of receiving prescription drug
3orders based on routine, regularly observed dispensing
4patterns. Commercially available products may be compounded
5for dispensing to individual patients only if all of the
6following conditions are met: (i) the commercial product is not
7reasonably available from normal distribution channels in a
8timely manner to meet the patient's needs and (ii) the
9prescribing practitioner has requested that the drug be
10compounded.
11 (p) (Blank).
12 (q) (Blank).
13 (r) "Patient counseling" means the communication between a
14pharmacist or a student pharmacist under the supervision of a
15pharmacist and a patient or the patient's representative about
16the patient's medication or device for the purpose of
17optimizing proper use of prescription medications or devices.
18"Patient counseling" may include without limitation (1)
19obtaining a medication history; (2) acquiring a patient's
20allergies and health conditions; (3) facilitation of the
21patient's understanding of the intended use of the medication;
22(4) proper directions for use; (5) significant potential
23adverse events; (6) potential food-drug interactions; and (7)
24the need to be compliant with the medication therapy. A
25pharmacy technician may only participate in the following
26aspects of patient counseling under the supervision of a

HB5597- 816 -LRB098 15874 AMC 50917 b
1pharmacist: (1) obtaining medication history; (2) providing
2the offer for counseling by a pharmacist or student pharmacist;
3and (3) acquiring a patient's allergies and health conditions.
4 (s) "Patient profiles" or "patient drug therapy record"
5means the obtaining, recording, and maintenance of patient
6prescription information, including prescriptions for
7controlled substances, and personal information.
8 (t) (Blank).
9 (u) "Medical device" means an instrument, apparatus,
10implement, machine, contrivance, implant, in vitro reagent, or
11other similar or related article, including any component part
12or accessory, required under federal law to bear the label
13"Caution: Federal law requires dispensing by or on the order of
14a physician". A seller of goods and services who, only for the
15purpose of retail sales, compounds, sells, rents, or leases
16medical devices shall not, by reasons thereof, be required to
17be a licensed pharmacy.
18 (v) "Unique identifier" means an electronic signature,
19handwritten signature or initials, thumb print, or other
20acceptable biometric or electronic identification process as
21approved by the Department.
22 (w) "Current usual and customary retail price" means the
23price that a pharmacy charges to a non-third-party payor.
24 (x) "Automated pharmacy system" means a mechanical system
25located within the confines of the pharmacy or remote location
26that performs operations or activities, other than compounding

HB5597- 817 -LRB098 15874 AMC 50917 b
1or administration, relative to storage, packaging, dispensing,
2or distribution of medication, and which collects, controls,
3and maintains all transaction information.
4 (y) "Drug regimen review" means and includes the evaluation
5of prescription drug orders and patient records for (1) known
6allergies; (2) drug or potential therapy contraindications;
7(3) reasonable dose, duration of use, and route of
8administration, taking into consideration factors such as age,
9gender, and contraindications; (4) reasonable directions for
10use; (5) potential or actual adverse drug reactions; (6)
11drug-drug interactions; (7) drug-food interactions; (8)
12drug-disease contraindications; (9) therapeutic duplication;
13(10) patient laboratory values when authorized and available;
14(11) proper utilization (including over or under utilization)
15and optimum therapeutic outcomes; and (12) abuse and misuse.
16 (z) "Electronic transmission prescription" means any
17prescription order for which a facsimile or electronic image of
18the order is electronically transmitted from a licensed
19prescriber to a pharmacy. "Electronic transmission
20prescription" includes both data and image prescriptions.
21 (aa) "Medication therapy management services" means a
22distinct service or group of services offered by licensed
23pharmacists, physicians licensed to practice medicine in all
24its branches, advanced practice nurses authorized in a written
25agreement with a physician licensed to practice medicine in all
26its branches, or physician assistants authorized in guidelines

HB5597- 818 -LRB098 15874 AMC 50917 b
1by a supervising physician that optimize therapeutic outcomes
2for individual patients through improved medication use. In a
3retail or other non-hospital pharmacy, medication therapy
4management services shall consist of the evaluation of
5prescription drug orders and patient medication records to
6resolve conflicts with the following:
7 (1) known allergies;
8 (2) drug or potential therapy contraindications;
9 (3) reasonable dose, duration of use, and route of
10 administration, taking into consideration factors such as
11 age, gender, and contraindications;
12 (4) reasonable directions for use;
13 (5) potential or actual adverse drug reactions;
14 (6) drug-drug interactions;
15 (7) drug-food interactions;
16 (8) drug-disease contraindications;
17 (9) identification of therapeutic duplication;
18 (10) patient laboratory values when authorized and
19 available;
20 (11) proper utilization (including over or under
21 utilization) and optimum therapeutic outcomes; and
22 (12) drug abuse and misuse.
23 "Medication therapy management services" includes the
24following:
25 (1) documenting the services delivered and
26 communicating the information provided to patients'

HB5597- 819 -LRB098 15874 AMC 50917 b
1 prescribers within an appropriate time frame, not to exceed
2 48 hours;
3 (2) providing patient counseling designed to enhance a
4 patient's understanding and the appropriate use of his or
5 her medications; and
6 (3) providing information, support services, and
7 resources designed to enhance a patient's adherence with
8 his or her prescribed therapeutic regimens.
9 "Medication therapy management services" may also include
10patient care functions authorized by a physician licensed to
11practice medicine in all its branches for his or her identified
12patient or groups of patients under specified conditions or
13limitations in a standing order from the physician.
14 "Medication therapy management services" in a licensed
15hospital may also include the following:
16 (1) reviewing assessments of the patient's health
17 status; and
18 (2) following protocols of a hospital pharmacy and
19 therapeutics committee with respect to the fulfillment of
20 medication orders.
21 (bb) "Pharmacist care" means the provision by a pharmacist
22of medication therapy management services, with or without the
23dispensing of drugs or devices, intended to achieve outcomes
24that improve patient health, quality of life, and comfort and
25enhance patient safety.
26 (cc) "Protected health information" means individually

HB5597- 820 -LRB098 15874 AMC 50917 b
1identifiable health information that, except as otherwise
2provided, is:
3 (1) transmitted by electronic media;
4 (2) maintained in any medium set forth in the
5 definition of "electronic media" in the federal Health
6 Insurance Portability and Accountability Act; or
7 (3) transmitted or maintained in any other form or
8 medium.
9 "Protected health information" does not include
10individually identifiable health information found in:
11 (1) education records covered by the federal Family
12 Educational Right and Privacy Act; or
13 (2) employment records held by a licensee in its role
14 as an employer.
15 (dd) "Standing order" means a specific order for a patient
16or group of patients issued by a physician licensed to practice
17medicine in all its branches in Illinois.
18 (ee) "Address of record" means the address recorded by the
19Department in the applicant's or licensee's application file or
20license file, as maintained by the Department's licensure
21maintenance unit.
22 (ff) "Home pharmacy" means the location of a pharmacy's
23primary operations.
24(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
25eff. 7-13-12; 97-1043, eff. 8-21-12; 98-104, eff. 7-22-13;
2698-214, eff. 8-9-13; revised 9-24-13.)

HB5597- 821 -LRB098 15874 AMC 50917 b
1 Section 435. The Boxing and Full-contact Martial Arts Act
2is amended by changing Section 8 as follows:
3 (225 ILCS 105/8) (from Ch. 111, par. 5008)
4 (Section scheduled to be repealed on January 1, 2022)
5 Sec. 8. Permits.
6 (a) A promoter who desires to obtain a permit to conduct a
7professional or amateur contest, or a combination of both,
8shall apply to the Department at least 20 days prior to the
9event, in writing, on forms furnished by the Department. The
10application shall be accompanied by the required fee and shall
11contain, but not be limited to, the following information to be
12submitted at times specified by rule:
13 (1) the legal names and addresses of the promoter;
14 (2) the name of the matchmaker;
15 (3) the time and exact location of the professional or
16 amateur contest, or a combination of both. It is the
17 responsibility of the promoter to ensure that the building
18 to be used for the event complies with all laws,
19 ordinances, and regulations in the city, town, village, or
20 county where the contest is to be held;
21 (4) proof of adequate security measures, as determined
22 by Department rule, to ensure the protection of the safety
23 of contestants and the general public while attending
24 professional or amateur contests, or a combination of both;

HB5597- 822 -LRB098 15874 AMC 50917 b
1 (5) proof of adequate medical supervision, as
2 determined by Department rule, to ensure the protection of
3 the health and safety of professionals' or amateurs' while
4 participating in the contest;
5 (6) the names of the professionals or amateurs
6 competing subject to Department approval;
7 (7) proof of insurance for not less than $50,000 as
8 further defined by rule for each professional or amateur
9 participating in a professional or amateur contest, or a
10 combination of both; insurance required under this
11 paragraph (7) (6) shall cover (i) hospital, medication,
12 physician, and other such expenses as would accrue in the
13 treatment of an injury as a result of the professional or
14 amateur contest; (ii) payment to the estate of the
15 professional or amateur in the event of his or her death as
16 a result of his or her participation in the professional or
17 amateur contest; and (iii) accidental death and
18 dismemberment; the terms of the insurance coverage must not
19 require the contestant to pay a deductible. The promoter
20 may not carry an insurance policy with a deductible in an
21 amount greater than $500 for the medical, surgical, or
22 hospital care for injuries a contestant sustains while
23 engaged in a contest, and if a licensed or registered
24 contestant pays for the medical, surgical, or hospital
25 care, the insurance proceeds must be paid to the contestant
26 or his or her beneficiaries as reimbursement for such

HB5597- 823 -LRB098 15874 AMC 50917 b
1 payment;
2 (8) the amount of the purses to be paid to the
3 professionals for the event; the Department shall adopt
4 rules for payment of the purses;
5 (9) organizational or internationally accepted rules,
6 per discipline, for professional or amateur full-contact
7 martial arts contests where the Department does not provide
8 the rules;
9 (10) proof of contract indicating the requisite
10 registration and sanctioning by a Department approved
11 sanctioning body for any full-contact martial arts contest
12 with scheduled amateur bouts; and
13 (11) any other information that the Department may
14 require to determine whether a permit shall be issued.
15 (b) The Department may issue a permit to any promoter who
16meets the requirements of this Act and the rules. The permit
17shall only be issued for a specific date and location of a
18professional or amateur contest, or a combination of both, and
19shall not be transferable. The Department may allow a promoter
20to amend a permit application to hold a professional or amateur
21contest, or a combination of both, in a different location
22other than the application specifies and may allow the promoter
23to substitute professionals or amateurs, respectively.
24 (c) The Department shall be responsible for assigning the
25judges, timekeepers, referees, and physicians, for a
26professional contest. Compensation shall be determined by the

HB5597- 824 -LRB098 15874 AMC 50917 b
1Department, and it shall be the responsibility of the promoter
2to pay the individuals utilized.
3(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
4revised 11-14-13.)
5 Section 440. The Sex Offender Evaluation and Treatment
6Provider Act is amended by changing Sections 20 and 75 as
7follows:
8 (225 ILCS 109/20)
9 Sec. 20. Sex Offender Evaluation and Treatment Provider
10Licensing and Disciplinary Board.
11 (a) There is established within the Department the Sex
12Offender Evaluation and Treatment Licensing and Disciplinary
13Board to be appointed by the Secretary. The Board shall be
14composed of 8 persons who shall serve in an advisory capacity
15to the Secretary. The Board shall elect a chairperson and a
16vice chairperson.
17 (b) In appointing members of the Board, the Secretary shall
18give due consideration to recommendations by members of the
19profession of sex offender evaluation and treatment.
20 (c) Three members of the Board shall be sex offender
21evaluation or treatment providers, or both, who have been in
22active practice for at least 5 years immediately preceding
23their appointment. The appointees shall be licensed under this
24Act.

HB5597- 825 -LRB098 15874 AMC 50917 b
1 (d) One member shall represent the Department of
2Corrections.
3 (e) One member shall represent the Department of Human
4Services.
5 (f) One member shall represent the Administrative Office of
6the Illinois Courts representing the interests of probation
7services.
8 (g) One member shall represent the Sex Offender Management
9Board.
10 (h) One member shall be representative of the general
11public who has no direct affiliation or work experience with
12the practice of sex offender evaluation and treatment and who
13clearly represents represent consumer interests.
14 (i) Board members shall be appointed for a term of 4 years,
15except that any person chosen to fill a vacancy shall be
16appointed only for the unexpired term of the Board member whom
17he or she shall succeed. Upon the expiration of his or her term
18of office, a Board member shall continue to serve until a
19successor is appointed and qualified. No member shall be
20reappointed to the Board for a term that would cause continuous
21service on the Board to be longer than 8 years.
22 (j) The membership of the Board shall reasonably reflect
23representation from the various geographic areas of the State.
24 (k) A member of the Board shall be immune from suit in any
25action based upon any disciplinary proceedings or other
26activities performed in good faith as a member of the Board.

HB5597- 826 -LRB098 15874 AMC 50917 b
1 (l) The Secretary may remove a member of the Board for any
2cause that, in the opinion of the Secretary, reasonably
3justifies termination.
4 (m) The Secretary may consider the recommendations of the
5Board on questions of standards of professional conduct,
6discipline, and qualification of candidates or licensees under
7this Act.
8 (n) The members of the Board shall be reimbursed for all
9legitimate, necessary, and authorized expenses.
10 (o) A majority of the Board members currently appointed
11shall constitute a quorum. A vacancy in the membership of the
12Board shall not impair the right of a quorum to exercise all
13the rights and perform all the duties of the Board.
14(Source: P.A. 97-1098, eff. 7-1-13; revised 11-14-13.)
15 (225 ILCS 109/75)
16 Sec. 75. Refusal, revocation, or suspension.
17 (a) The Department may refuse to issue or renew, or may
18revoke, suspend, place on probation, reprimand, or take other
19disciplinary or nondisciplinary action, as the Department
20considers appropriate, including the imposition of fines not to
21exceed $10,000 for each violation, with regard to any license
22or licensee for any one or more of the following:
23 (1) violations of this Act or of the rules adopted
24 under this Act;
25 (2) discipline by the Department under other state law

HB5597- 827 -LRB098 15874 AMC 50917 b
1 and rules which the licensee is subject to;
2 (3) conviction by plea of guilty or nolo contendere,
3 finding of guilt, jury verdict, or entry of judgment or by
4 sentencing for any crime, including, but not limited to,
5 convictions, preceding sentences of supervision,
6 conditional discharge, or first offender probation, under
7 the laws of any jurisdiction of the United States: (i) that
8 is a felony; or (ii) that is a misdemeanor, an essential
9 element of which is dishonesty, or that is directly related
10 to the practice of the profession;
11 (4) professional incompetence;
12 (5) advertising in a false, deceptive, or misleading
13 manner;
14 (6) aiding, abetting, assisting, procuring, advising,
15 employing, or contracting with any unlicensed person to
16 provide sex offender evaluation or treatment services
17 contrary to any rules or provisions of this Act;
18 (7) engaging in immoral conduct in the commission of
19 any act, such as sexual abuse, sexual misconduct, or sexual
20 exploitation, related to the licensee's practice;
21 (8) engaging in dishonorable, unethical, or
22 unprofessional conduct of a character likely to deceive,
23 defraud, or harm the public;
24 (9) practicing or offering to practice beyond the scope
25 permitted by law or accepting and performing professional
26 responsibilities which the licensee knows or has reason to

HB5597- 828 -LRB098 15874 AMC 50917 b
1 know that he or she is not competent to perform;
2 (10) knowingly delegating professional
3 responsibilities to a person unqualified by training,
4 experience, or licensure to perform;
5 (11) failing to provide information in response to a
6 written request made by the Department within 60 days;
7 (12) having a habitual or excessive use of or addiction
8 to alcohol, narcotics, stimulants, or any other chemical
9 agent or drug which results in the inability to practice
10 with reasonable judgment, skill, or safety;
11 (13) having a pattern of practice or other behavior
12 that demonstrates incapacity or incompetence to practice
13 under this Act;
14 (14) discipline by another state, District of
15 Columbia, territory, or foreign nation, if at least one of
16 the grounds for the discipline is the same or substantially
17 equivalent to those set forth in this Section;
18 (15) a finding by the Department that the licensee,
19 after having his or her license placed on probationary
20 status, has violated the terms of probation;
21 (16) willfully making or filing false records or
22 reports in his or her practice, including, but not limited
23 to, false records filed with State agencies or departments;
24 (17) making a material misstatement in furnishing
25 information to the Department or otherwise making
26 misleading, deceptive, untrue, or fraudulent

HB5597- 829 -LRB098 15874 AMC 50917 b
1 representations in violation of this Act or otherwise in
2 the practice of the profession;
3 (18) fraud or misrepresentation in applying for or
4 procuring a license under this Act or in connection with
5 applying for renewal of a license under this Act;
6 (19) inability to practice the profession with
7 reasonable judgment, skill, or safety as a result of
8 physical illness, including, but not limited to,
9 deterioration through the aging process, loss of motor
10 skill, or a mental illness or disability;
11 (20) charging for professional services not rendered,
12 including filing false statements for the collection of
13 fees for which services are not rendered; or
14 (21) practicing under a false or, except as provided by
15 law, an assumed name.
16 All fines shall be paid within 60 days of the effective
17date of the order imposing the fine.
18 (b) The Department may refuse to issue or may suspend the
19license of any person who fails to file a tax return, to pay
20the tax, penalty, or interest shown in a filed tax return, or
21to pay any final assessment of tax, penalty, or interest, as
22required by any tax Act administered by the Illinois Department
23of Revenue, until such time as the requirements of the tax Act
24are satisfied in accordance with subsection (g) of Section
252105-15 of the Civil Administrative Code of Illinois.
26 (c) The Department shall deny a license or renewal

HB5597- 830 -LRB098 15874 AMC 50917 b
1authorized by this Act to a person who has defaulted on an
2educational loan or scholarship provided or guaranteed by the
3Illinois Student Assistance Commission or any governmental
4agency of this State in accordance with item (5) of subsection
5(a) (g) of Section 2105-15 of the Civil Administrative Code of
6Illinois.
7 (d) In cases where the Department of Healthcare and Family
8Services has previously determined that a licensee or a
9potential licensee is more than 30 days delinquent in the
10payment of child support and has subsequently certified the
11delinquency to the Department, the Department may refuse to
12issue or renew or may revoke or suspend that person's license
13or may take other disciplinary action against that person based
14solely upon the certification of delinquency made by the
15Department of Healthcare and Family Services in accordance with
16item (5) of subsection (a) (g) of Section 2105-15 of the Civil
17Administrative Code of Illinois.
18 (e) The determination by a circuit court that a licensee is
19subject to involuntary admission or judicial admission, as
20provided in the Mental Health and Developmental Disabilities
21Code, operates as an automatic suspension. The suspension will
22end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission
24and the issuance of a court order so finding and discharging
25the patient.
26 (f) In enforcing this Act, the Department or Board, upon a

HB5597- 831 -LRB098 15874 AMC 50917 b
1showing of a possible violation, may compel an individual
2licensed to practice under this Act, or who has applied for
3licensure under this Act, to submit to a mental or physical
4examination, or both, as required by and at the expense of the
5Department. The Department or Board may order the examining
6physician to present testimony concerning the mental or
7physical examination of the licensee or applicant. No
8information shall be excluded by reason of any common law or
9statutory privilege relating to communications between the
10licensee or applicant and the examining physician. The
11examining physician shall be specifically designated by the
12Board or Department. The individual to be examined may have, at
13his or her own expense, another physician of his or her choice
14present during all aspects of this examination. The examination
15shall be performed by a physician licensed to practice medicine
16in all its branches. Failure of an individual to submit to a
17mental or physical examination, when directed, shall result in
18an automatic suspension without hearing.
19 A person holding a license under this Act or who has
20applied for a license under this Act who, because of a physical
21or mental illness or disability, including, but not limited to,
22deterioration through the aging process or loss of motor skill,
23is unable to practice the profession with reasonable judgment,
24skill, or safety, may be required by the Department to submit
25to care, counseling, or treatment by physicians approved or
26designated by the Department as a condition, term, or

HB5597- 832 -LRB098 15874 AMC 50917 b
1restriction for continued, reinstated, or renewed licensure to
2practice. Submission to care, counseling, or treatment as
3required by the Department shall not be considered discipline
4of a license. If the licensee refuses to enter into a care,
5counseling, or treatment agreement or fails to abide by the
6terms of the agreement, the Department may file a complaint to
7revoke, suspend, or otherwise discipline the license of the
8individual. The Secretary may order the license suspended
9immediately, pending a hearing by the Department. Fines shall
10not be assessed in disciplinary actions involving physical or
11mental illness or impairment.
12 In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 15 days after
15the suspension and completed without appreciable delay. The
16Department and Board shall have the authority to review the
17subject individual's record of treatment and counseling
18regarding the impairment to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21 An individual licensed under this Act and subject to action
22under this Section shall be afforded an opportunity to
23demonstrate to the Department or Board that he or she can
24resume practice in compliance with acceptable and prevailing
25standards under the provisions of his or her license.
26(Source: P.A. 97-1098, eff. 7-1-13; revised 11-14-13.)

HB5597- 833 -LRB098 15874 AMC 50917 b
1 Section 445. The Perfusionist Practice Act is amended by
2changing Section 105 as follows:
3 (225 ILCS 125/105)
4 (Section scheduled to be repealed on January 1, 2020)
5 Sec. 105. Disciplinary actions.
6 (a) The Department may refuse to issue, renew, or restore a
7license, or may revoke or suspend a license, or may place on
8probation, reprimand, or take other disciplinary or
9non-disciplinary action with regard to a person licensed under
10this Act, including but not limited to the imposition of fines
11not to exceed $10,000 for each violation, for one or any
12combination of the following causes:
13 (1) Making a material misstatement in furnishing
14 information to the Department.
15 (2) Violation of this Act or any rule promulgated under
16 this Act.
17 (3) Conviction of, or entry of a plea of guilty or nolo
18 contendere to, any crime that is a felony under the laws of
19 the United States or any state or territory thereof, or any
20 crime that is a misdemeanor of which an essential element
21 is dishonesty, or any crime that is directly related to the
22 practice as a perfusionist.
23 (4) Making a misrepresentation for the purpose of
24 obtaining, renewing, or restoring a license.

HB5597- 834 -LRB098 15874 AMC 50917 b
1 (5) Aiding or assisting another person in violating a
2 provision of this Act or its rules.
3 (6) Failing to provide information within 60 days in
4 response to a written request made by the Department.
5 (7) Engaging in dishonorable, unethical, or
6 unprofessional conduct of a character likely to deceive,
7 defraud, or harm the public, as defined by rule of the
8 Department.
9 (8) Discipline by another state, the District of
10 Columbia, or territory, or a foreign nation, if at least
11 one of the grounds for discipline is the same or
12 substantially equivalent to those set forth in this
13 Section.
14 (9) Directly or indirectly giving to or receiving from
15 a person, firm, corporation, partnership, or association a
16 fee, commission, rebate, or other form of compensation for
17 professional services not actually or personally rendered.
18 Nothing in this paragraph (9) affects any bona fide
19 independent contractor or employment arrangements among
20 health care professionals, health facilities, health care
21 providers, or other entities, except as otherwise
22 prohibited by law. Any employment arrangements may include
23 provisions for compensation, health insurance, pension, or
24 other employment benefits for the provision of services
25 within the scope of the licensee's practice under this Act.
26 Nothing in this paragraph (9) shall be construed to require

HB5597- 835 -LRB098 15874 AMC 50917 b
1 an employment arrangement to receive professional fees for
2 services rendered.
3 (10) A finding by the Board that the licensee, after
4 having his or her license placed on probationary status,
5 has violated the terms of probation.
6 (11) Wilfully making or filing false records or reports
7 in his or her practice, including but not limited to false
8 records or reports filed with State agencies or
9 departments.
10 (12) Wilfully making or signing a false statement,
11 certificate, or affidavit to induce payment.
12 (13) Wilfully failing to report an instance of
13 suspected child abuse or neglect as required under the
14 Abused and Neglected Child Reporting Act.
15 (14) Being named as a perpetrator in an indicated
16 report by the Department of Children and Family Services
17 under the Abused and Neglected Child Reporting Act and upon
18 proof by clear and convincing evidence that the licensee
19 has caused a child to be an abused child or neglected child
20 as defined in the Abused and Neglected Child Reporting Act.
21 (15) Employment of fraud, deception, or any unlawful
22 means in applying for or securing a license as a
23 perfusionist.
24 (16) Allowing another person to use his or her license
25 to practice.
26 (17) Failure to report to the Department (A) any

HB5597- 836 -LRB098 15874 AMC 50917 b
1 adverse final action taken against the licensee by another
2 licensing jurisdiction, government agency, law enforcement
3 agency, or any court or (B) liability for conduct that
4 would constitute grounds for action as set forth in this
5 Section.
6 (18) Inability to practice the profession with
7 reasonable judgment, skill or safety as a result of a
8 physical illness, including but not limited to
9 deterioration through the aging process or loss of motor
10 skill, or a mental illness or disability.
11 (19) Inability to practice the profession for which he
12 or she is licensed with reasonable judgment, skill, or
13 safety as a result of habitual or excessive use or
14 addiction to alcohol, narcotics, stimulants, or any other
15 chemical agent or drug.
16 (20) Gross malpractice.
17 (21) Immoral conduct in the commission of an act
18 related to the licensee's practice, including but not
19 limited to sexual abuse, sexual misconduct, or sexual
20 exploitation.
21 (22) Violation of the Health Care Worker Self-Referral
22 Act.
23 (23) Solicitation of business or professional
24 services, other than permitted advertising.
25 (24) Conviction of or cash compromise of a charge or
26 violation of the Illinois Controlled Substances Act.

HB5597- 837 -LRB098 15874 AMC 50917 b
1 (25) Gross, willful, or continued overcharging for
2 professional services, including filing false statements
3 for collection of fees for which services are not rendered.
4 (26) Practicing under a false name or, except as
5 allowed by law, an assumed name.
6 (27) Violating any provision of this Act or the rules
7 promulgated under this Act, including, but not limited to,
8 advertising.
9 (b) A licensee or applicant who, because of a physical or
10mental illness or disability, including, but not limited to,
11deterioration through the aging process or loss of motor skill,
12is unable to practice the profession with reasonable judgment,
13skill, or safety, may be required by the Department to submit
14to care, counseling or treatment by physicians approved or
15designated by the Department, as a condition, term, or
16restriction for continued, reinstated, or renewed licensure to
17practice. Submission to care, counseling or treatment as
18required by the Department shall not be considered discipline
19of the licensee. If the licensee refuses to enter into a care,
20counseling or treatment agreement or fails to abide by the
21terms of the agreement the Department may file a complaint to
22suspend or revoke the license or otherwise discipline the
23licensee. The Secretary may order the license suspended
24immediately, pending a hearing by the Department. Fines shall
25not be assessed in the disciplinary actions involving physical
26or mental illness or impairment.

HB5597- 838 -LRB098 15874 AMC 50917 b
1 (b-5) The Department may refuse to issue or may suspend,
2without a hearing as provided for in the Civil Administrative
3Code of Illinois, the license of a person who fails to file a
4return, to pay the tax, penalty, or interest shown in a filed
5return, or to pay any final assessment of tax, penalty, or
6interest as required by any tax Act administered by the
7Department of Revenue, until such time as the requirements of
8the tax Act are satisfied in accordance with subsection (g) of
9Section 2105-15 15 of the Department of Professional Regulation
10Law of the Civil Administrative Code of Illinois (20 ILCS
112105/2105-15).
12 (c) The determination by a circuit court that a licensee is
13subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code, as amended, operates as an automatic suspension. The
16suspension will end only upon a finding by a court that the
17licensee is no longer subject to the involuntary admission or
18judicial admission and issues an order so finding and
19discharging the licensee; and upon the recommendation of the
20Board to the Secretary that the licensee be allowed to resume
21his or her practice.
22 (d) In enforcing this Section, the Department or Board,
23upon a showing of a possible violation, may order a licensee or
24applicant to submit to a mental or physical examination, or
25both, at the expense of the Department. The Department or Board
26may order the examining physician to present testimony

HB5597- 839 -LRB098 15874 AMC 50917 b
1concerning his or her examination of the licensee or applicant.
2No information shall be excluded by reason of any common law or
3statutory privilege relating to communications between the
4licensee or applicant and the examining physician. The
5examining physicians shall be specifically designated by the
6Board or Department. The licensee or applicant may have, at his
7or her own expense, another physician of his or her choice
8present during all aspects of the examination. Failure of a
9licensee or applicant to submit to any such examination when
10directed, without reasonable cause as defined by rule, shall be
11grounds for either the immediate suspension of his or her
12license or immediate denial of his or her application.
13 If the Secretary immediately suspends the license of a
14licensee for his or her failure to submit to a mental or
15physical examination when directed, a hearing must be convened
16by the Department within 15 days after the suspension and
17completed without appreciable delay.
18 If the Secretary otherwise suspends a license pursuant to
19the results of the licensee's mental or physical examination, a
20hearing must be convened by the Department within 15 days after
21the suspension and completed without appreciable delay. The
22Department and Board shall have the authority to review the
23licensee's record of treatment and counseling regarding the
24relevant impairment or impairments to the extent permitted by
25applicable federal statutes and regulations safeguarding the
26confidentiality of medical records.

HB5597- 840 -LRB098 15874 AMC 50917 b
1 Any licensee suspended or otherwise affected under this
2subsection (d) shall be afforded an opportunity to demonstrate
3to the Department or Board that he or she can resume practice
4in compliance with the acceptable and prevailing standards
5under the provisions of his or her license.
6(Source: P.A. 96-682, eff. 8-25-09; 96-1482, eff. 11-29-10;
7revised 11-14-13.)
8 Section 450. The Registered Surgical Assistant and
9Registered Surgical Technologist Title Protection Act is
10amended by changing Section 10 as follows:
11 (225 ILCS 130/10)
12 (Section scheduled to be repealed on January 1, 2024)
13 Sec. 10. Definitions. As used in this Act:
14 "Address of record" means the designated address recorded
15by the Department in the applicant's or registrant's
16application file or registration file as maintained by the
17Department's licensure maintenance unit. It is the duty of the
18applicant or registrant to inform the Department of any change
19of address and those changes must be made either through the
20Department's website or by contacting the Department.
21 "Department" means the Department of Financial and
22Professional Regulation.
23 "Direct supervision" means supervision by a licensed
24physician, licensed podiatric physician, or licensed dentist

HB5597- 841 -LRB098 15874 AMC 50917 b
1who is physically present and who personally directs delegated
2acts and remains available to personally respond to an
3emergency until the patient is released from the operating
4room. A registered professional nurse may also provide direct
5supervision within the scope of his or her license. A
6registered surgical assistant or registered surgical
7technologist shall perform duties as assigned.
8 "Physician" means a person licensed to practice medicine in
9all of its branches under the Medical Practice Act of 1987.
10 "Registered surgical assistant" means a person who (i) is
11not licensed to practice medicine in all of its branches, (ii)
12is certified by the National Surgical Assistant Association as
13a Certified Surgical Assistant, the National Board of Surgical
14Technology and Surgical Assisting as a Certified Surgical First
15Assistant, or the American Board of Surgical Assistants as a
16Surgical Assistant-Certified, (iii) performs duties under
17direct supervision, (iv) provides services only in a licensed
18hospital, ambulatory treatment center, or office of a physician
19licensed to practice medicine in all its branches, and (v) is
20registered under this Act.
21 "Registered surgical technologist" means a person who (i)
22is not a physician licensed to practice medicine in all of its
23branches, (ii) is certified by the National Board for Surgical
24Technology and Surgical Assisting, (iii) performs duties under
25direct supervision, (iv) provides services only in a licensed
26hospital, ambulatory treatment center, or office of a physician

HB5597- 842 -LRB098 15874 AMC 50917 b
1licensed to practice medicine in all its branches, and (v) is
2registered under this Act.
3 "Secretary" means the Secretary of Financial and
4Professional Regulation.
5(Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13;
6revised 9-24-13.)
7 Section 455. The Illinois Architecture Practice Act of 1989
8is amended by changing Section 22 as follows:
9 (225 ILCS 305/22) (from Ch. 111, par. 1322)
10 (Section scheduled to be repealed on January 1, 2020)
11 Sec. 22. Refusal, suspension and revocation of licenses;
12Causes.
13 (a) The Department may, singularly or in combination,
14refuse to issue, renew or restore, or may suspend, revoke,
15place on probation, or take other disciplinary or
16non-disciplinary action as deemed appropriate, including, but
17not limited to, the imposition of fines not to exceed $10,000
18for each violation, as the Department may deem proper, with
19regard to a license for any one or combination of the following
20causes:
21 (1) material misstatement in furnishing information to
22 the Department;
23 (2) negligence, incompetence or misconduct in the
24 practice of architecture;

HB5597- 843 -LRB098 15874 AMC 50917 b
1 (3) failure to comply with any of the provisions of
2 this Act or any of the rules;
3 (4) making any misrepresentation for the purpose of
4 obtaining licensure;
5 (5) purposefully making false statements or signing
6 false statements, certificates or affidavits to induce
7 payment;
8 (6) conviction of or plea of guilty or nolo contendere
9 to any crime that is a felony under the laws of the United
10 States or any state or territory thereof or that is a
11 misdemeanor, an essential element of which is dishonesty,
12 or any crime that is directly related to the practice of
13 the profession of architecture;
14 (7) aiding or assisting another person in violating any
15 provision of this Act or its rules;
16 (8) signing, affixing the architect's seal or
17 permitting the architect's seal to be affixed to any
18 technical submission not prepared by the architect or under
19 that architect's responsible control;
20 (9) engaging in dishonorable, unethical or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public;
23 (10) habitual or excessive use or addiction to alcohol,
24 narcotics, stimulants, or any other chemical agent or drug
25 that results in the inability to practice with reasonable
26 judgment, skill, or safety;

HB5597- 844 -LRB098 15874 AMC 50917 b
1 (11) making a statement of compliance pursuant to the
2 Environmental Barriers Act that technical submissions
3 prepared by the architect or prepared under the architect's
4 responsible control for construction or alteration of an
5 occupancy required to be in compliance with the
6 Environmental Barriers Act are in compliance with the
7 Environmental Barriers Act when such technical submissions
8 are not in compliance;
9 (12) a finding by the Board that an applicant or
10 registrant has failed to pay a fine imposed by the
11 Department or a registrant, whose license has been placed
12 on probationary status, has violated the terms of
13 probation;
14 (13) discipline by another state, territory, foreign
15 country, the District of Columbia, the United States
16 government, or any other governmental agency, if at least
17 one of the grounds for discipline is the same or
18 substantially equivalent to those set forth herein;
19 (14) failure to provide information in response to a
20 written request made by the Department within 30 days after
21 the receipt of such written request;
22 (15) physical illness, including, but not limited to,
23 deterioration through the aging process or loss of motor
24 skill, mental illness, or disability which results in the
25 inability to practice the profession with reasonable
26 judgment, skill, and safety, including without limitation

HB5597- 845 -LRB098 15874 AMC 50917 b
1 deterioration through the aging process, mental illness,
2 or disability.
3 (a-5) In enforcing this Section, the Department or Board,
4upon a showing of a possible violation, may order a licensee or
5applicant to submit to a mental or physical examination, or
6both, at the expense of the Department. The Department or Board
7may order the examining physician to present testimony
8concerning his or her examination of the licensee or applicant.
9No information shall be excluded by reason of any common law or
10statutory privilege relating to communications between the
11licensee or applicant and the examining physician. The
12examining physicians shall be specifically designated by the
13Board or Department. The licensee or applicant may have, at his
14or her own expense, another physician of his or her choice
15present during all aspects of the examination. Failure of a
16licensee or applicant to submit to any such examination when
17directed, without reasonable cause as defined by rule, shall be
18grounds for either the immediate suspension of his or her
19license or immediate denial of his or her application.
20 If the Secretary immediately suspends the license of a
21licensee for his or her failure to submit to a mental or
22physical examination when directed, a hearing must be convened
23by the Department within 15 days after the suspension and
24completed without appreciable delay.
25 If the Secretary otherwise suspends a license pursuant to
26the results of the licensee's mental or physical examination, a

HB5597- 846 -LRB098 15874 AMC 50917 b
1hearing must be convened by the Department within 15 days after
2the suspension and completed without appreciable delay. The
3Department and Board shall have the authority to review the
4licensee's record of treatment and counseling regarding the
5relevant impairment or impairments to the extent permitted by
6applicable federal statutes and regulations safeguarding the
7confidentiality of medical records.
8 Any licensee suspended under this subsection (a-5) shall be
9afforded an opportunity to demonstrate to the Department or
10Board that he or she can resume practice in compliance with the
11acceptable and prevailing standards under the provisions of his
12or her license.
13 (b) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission, as
15provided in the Mental Health and Developmental Disabilities
16Code, operates as an automatic suspension. Such suspension will
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission,
19the issuance of an order so finding and discharging the
20patient, and the recommendation of the Board to the Secretary
21that the licensee be allowed to resume practice.
22 (c) The Department shall deny a license or renewal
23authorized by this Act to a person who has defaulted on an
24educational loan or scholarship provided or guaranteed by the
25Illinois Student Assistance Commission or any governmental
26agency of this State in accordance with subdivision (a)(5) of

HB5597- 847 -LRB098 15874 AMC 50917 b
1Section 2105-15 15 of the Department of Professional Regulation
2Law of the Civil Administrative Code of Illinois.
3 (d) In cases where the Department of Healthcare and Family
4Services (formerly the Department of Public Aid) has previously
5determined that a licensee or a potential licensee is more than
630 days delinquent in the payment of child support and has
7subsequently certified the delinquency to the Department, the
8Department shall refuse to issue or renew or shall revoke or
9suspend that person's license or shall take other disciplinary
10action against that person based solely upon the certification
11of delinquency made by the Department of Healthcare and Family
12Services in accordance with subdivision (a)(5) of Section
132105-15 15 of the Department of Professional Regulation Law of
14the Civil Administrative Code of Illinois.
15 (e) The Department shall deny a license or renewal
16authorized by this Act to a person who has failed to file a
17return, to pay the tax, penalty, or interest shown in a filed
18return, or to pay any final assessment of tax, penalty, or
19interest as required by any tax Act administered by the
20Department of Revenue, until such time as the requirements of
21the tax Act are satisfied in accordance with subsection (g) of
22Section 2105-15 15 of the Department of Professional Regulation
23Law of the Civil Administrative Code of Illinois.
24 (f) Persons who assist the Department as consultants or
25expert witnesses in the investigation or prosecution of alleged
26violations of the Act, licensure matters, restoration

HB5597- 848 -LRB098 15874 AMC 50917 b
1proceedings, or criminal prosecutions, shall not be liable for
2damages in any civil action or proceeding as a result of such
3assistance, except upon proof of actual malice. The attorney
4general shall defend such persons in any such action or
5proceeding.
6(Source: P.A. 96-610, eff. 8-24-09; revised 11-14-13.)
7 Section 460. The Professional Engineering Practice Act of
81989 is amended by changing Sections 24 and 46 as follows:
9 (225 ILCS 325/24) (from Ch. 111, par. 5224)
10 (Section scheduled to be repealed on January 1, 2020)
11 Sec. 24. Rules of professional conduct; disciplinary or
12administrative action.
13 (a) The Department shall adopt rules setting standards of
14professional conduct and establish appropriate penalties
15penalty for the breach of such rules.
16 (a-1) The Department may, singularly or in combination,
17refuse to issue, renew, or restore a license or may revoke,
18suspend, place on probation, reprimand, or take other
19disciplinary or non-disciplinary action with regard to a person
20licensed under this Act, including but not limited to, the
21imposition of a fine not to exceed $10,000 per violation upon
22any person, corporation, partnership, or professional design
23firm licensed or registered under this Act, for any one or
24combination of the following causes:

HB5597- 849 -LRB098 15874 AMC 50917 b
1 (1) Material misstatement in furnishing information to
2 the Department.
3 (2) Violations of this Act or any of its rules.
4 (3) Conviction of or entry of a plea of guilty or nolo
5 contendere to any crime that is a felony under the laws of
6 the United States or any state or territory thereof, or
7 that is a misdemeanor, an essential element of which is
8 dishonesty, or any crime that is directly related to the
9 practice of engineering.
10 (4) Making any misrepresentation for the purpose of
11 obtaining, renewing, or restoring a license or violating
12 any provision of this Act or the rules promulgated under
13 this Act pertaining to advertising.
14 (5) Willfully making or signing a false statement,
15 certificate, or affidavit to induce payment.
16 (6) Negligence, incompetence or misconduct in the
17 practice of professional engineering as a licensed
18 professional engineer or in working as an engineer intern.
19 (7) Aiding or assisting another person in violating any
20 provision of this Act or its rules.
21 (8) Failing to provide information in response to a
22 written request made by the Department within 30 days after
23 receipt of such written request.
24 (9) Engaging in dishonorable, unethical or
25 unprofessional conduct of a character likely to deceive,
26 defraud or harm the public.

HB5597- 850 -LRB098 15874 AMC 50917 b
1 (10) Inability to practice the profession with
2 reasonable judgment, skill, or safety as a result of a
3 physical illness, including, but not limited to,
4 deterioration through the aging process or loss of motor
5 skill, or mental illness or disability.
6 (11) Discipline by the United States Government,
7 another state, District of Columbia, territory, foreign
8 nation or government agency, if at least one of the grounds
9 for the discipline is the same or substantially equivalent
10 to those set forth in this Act.
11 (12) Directly or indirectly giving to or receiving from
12 any person, firm, corporation, partnership or association
13 any fee, commission, rebate or other form of compensation
14 for any professional services not actually or personally
15 rendered.
16 (13) A finding by the Department that an applicant or
17 registrant has failed to pay a fine imposed by the
18 Department, a registrant whose license has been placed on
19 probationary status has violated the terms of probation, or
20 a registrant has practiced on an expired, inactive,
21 suspended, or revoked license.
22 (14) Signing, affixing the professional engineer's
23 seal or permitting the professional engineer's seal to be
24 affixed to any technical submissions not prepared as
25 required by Section 14 or completely reviewed by the
26 professional engineer or under the professional engineer's

HB5597- 851 -LRB098 15874 AMC 50917 b
1 direct supervision.
2 (15) Inability to practice the profession with
3 reasonable judgment, skill or safety as a result of
4 habitual or excessive use or addiction to alcohol,
5 narcotics, stimulants, or any other chemical agent or drug.
6 (16) The making of a statement pursuant to the
7 Environmental Barriers Act that a plan for construction or
8 alteration of a public facility or for construction of a
9 multi-story housing unit is in compliance with the
10 Environmental Barriers Act when such plan is not in
11 compliance.
12 (17) (Blank).
13 (a-2) The Department shall deny a license or renewal
14authorized by this Act to a person who has failed to file a
15return, to pay the tax, penalty, or interest shown in a filed
16return, or to pay any final assessment of tax, penalty, or
17interest as required by any tax Act administered by the
18Department of Revenue, until such time as the requirements of
19the tax Act are satisfied in accordance with subsection (g) of
20Section 2105-15 15 of the Department of Professional Regulation
21Law of the Civil Administrative Code of Illinois (20 ILCS
222105/2105-15).
23 (a-3) The Department shall deny a license or renewal
24authorized by this Act to a person who has defaulted on an
25educational loan or scholarship provided or guaranteed by the
26Illinois Student Assistance Commission or any governmental

HB5597- 852 -LRB098 15874 AMC 50917 b
1agency of this State in accordance with subdivision (a)(5) of
2Section 2105-15 15 of the Department of Professional Regulation
3Law of the Civil Administrative Code of Illinois (20 ILCS
42105/2105-15).
5 (a-4) In cases where the Department of Healthcare and
6Family Services (formerly the Department of Public Aid) has
7previously determined that a licensee or a potential licensee
8is more than 30 days delinquent in the payment of child support
9and has subsequently certified the delinquency to the
10Department, the Department shall refuse to issue or renew or
11shall revoke or suspend that person's license or shall take
12other disciplinary action against that person based solely upon
13the certification of delinquency made by the Department of
14Healthcare and Family Services in accordance with subdivision
15(a)(5) of Section 2105-15 15 of the Department of Professional
16Regulation Law of the Civil Administrative Code of Illinois (20
17ILCS 2105/2105-15).
18 (a-5) In enforcing this Section, the Department or Board,
19upon a showing of a possible violation, may order a licensee or
20applicant to submit to a mental or physical examination, or
21both, at the expense of the Department. The Department or Board
22may order the examining physician to present testimony
23concerning his or her examination of the licensee or applicant.
24No information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician. The

HB5597- 853 -LRB098 15874 AMC 50917 b
1examining physicians shall be specifically designated by the
2Board or Department. The licensee or applicant may have, at his
3or her own expense, another physician of his or her choice
4present during all aspects of the examination. Failure of a
5licensee or applicant to submit to any such examination when
6directed, without reasonable cause as defined by rule, shall be
7grounds for either the immediate suspension of his or her
8license or immediate denial of his or her application.
9 If the Secretary immediately suspends the license of a
10licensee for his or her failure to submit to a mental or
11physical examination when directed, a hearing must be convened
12by the Department within 15 days after the suspension and
13completed without appreciable delay.
14 If the Secretary otherwise suspends a license pursuant to
15the results of the licensee's mental or physical examination, a
16hearing must be convened by the Department within 15 days after
17the suspension and completed without appreciable delay. The
18Department and Board shall have the authority to review the
19licensee's record of treatment and counseling regarding the
20relevant impairment or impairments to the extent permitted by
21applicable federal statutes and regulations safeguarding the
22confidentiality of medical records.
23 Any licensee suspended under this subsection (a-5) shall be
24afforded an opportunity to demonstrate to the Department or
25Board that he or she can resume practice in compliance with the
26acceptable and prevailing standards under the provisions of his

HB5597- 854 -LRB098 15874 AMC 50917 b
1or her license.
2 (b) The determination by a circuit court that a registrant
3is subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code, as now or hereafter amended, operates as an automatic
6suspension. Such suspension will end only upon a finding by a
7court that the patient is no longer subject to involuntary
8admission or judicial admission, the issuance of an order so
9finding and discharging the patient, and the recommendation of
10the Board to the Director that the registrant be allowed to
11resume practice.
12(Source: P.A. 96-626, eff. 8-24-09; revised 11-13-13.)
13 (225 ILCS 325/46) (from Ch. 111, par. 5246)
14 (Section scheduled to be repealed on January 1, 2020)
15 Sec. 46. Home rule. The regulation and licensing of
16professional engineers is an exclusive power and function of
17the State. Pursuant to subsection (h) of Section 6 of Article
18VII 7 of the Illinois Constitution, a home rule unit may not
19regulate or license the occupation of professional engineer.
20This section is a denial and limitation of home rule powers and
21functions.
22(Source: P.A. 86-667; revised 11-12-13.)
23 Section 465. The Illinois Professional Land Surveyor Act of
241989 is amended by changing Sections 27 and 47 as follows:

HB5597- 855 -LRB098 15874 AMC 50917 b
1 (225 ILCS 330/27) (from Ch. 111, par. 3277)
2 (Section scheduled to be repealed on January 1, 2020)
3 Sec. 27. Grounds for disciplinary action.
4 (a) The Department may refuse to issue or renew a license,
5or may place on probation or administrative supervision,
6suspend, or revoke any license, or may reprimand or take any
7disciplinary or non-disciplinary action as the Department may
8deem proper, including the imposition of fines not to exceed
9$10,000 per violation, upon any person, corporation,
10partnership, or professional land surveying firm licensed or
11registered under this Act for any of the following reasons:
12 (1) material misstatement in furnishing information to
13 the Department;
14 (2) violation, including, but not limited to, neglect
15 or intentional disregard, of this Act, or its rules;
16 (3) conviction of, or entry of a plea of guilty or nolo
17 contendere to, any crime that is a felony under the laws of
18 the United States or any state or territory thereof or that
19 is a misdemeanor of which an essential element is
20 dishonesty, or any crime that is directly related to the
21 practice of the profession;
22 (4) making any misrepresentation for the purpose of
23 obtaining a license, or in applying for restoration or
24 renewal, or the practice of any fraud or deceit in taking
25 any examination to qualify for licensure under this Act;

HB5597- 856 -LRB098 15874 AMC 50917 b
1 (5) purposefully making false statements or signing
2 false statements, certificates, or affidavits to induce
3 payment;
4 (6) proof of carelessness, incompetence, negligence,
5 or misconduct in practicing land surveying;
6 (7) aiding or assisting another person in violating any
7 provision of this Act or its rules;
8 (8) failing to provide information in response to a
9 written request made by the Department within 30 days after
10 receipt of such written request;
11 (9) engaging in dishonorable, unethical, or
12 unprofessional conduct of a character likely to deceive,
13 defraud, or harm the public;
14 (10) inability to practice with reasonable judgment,
15 skill, or safety as a result of habitual or excessive use
16 of, or addiction to, alcohol, narcotics, stimulants or any
17 other chemical agent or drug;
18 (11) discipline by the United States government,
19 another state, District of Columbia, territory, foreign
20 nation or government agency if at least one of the grounds
21 for the discipline is the same or substantially equivalent
22 to those set forth in this Act;
23 (12) directly or indirectly giving to or receiving from
24 any person, firm, corporation, partnership, or association
25 any fee, commission, rebate, or other form of compensation
26 for any professional services not actually or personally

HB5597- 857 -LRB098 15874 AMC 50917 b
1 rendered;
2 (12.5) issuing a map or plat of survey where the fee
3 for professional services is contingent on a real estate
4 transaction closing;
5 (13) a finding by the Department that an applicant or
6 licensee has failed to pay a fine imposed by the Department
7 or a licensee whose license has been placed on probationary
8 status has violated the terms of probation;
9 (14) practicing on an expired, inactive, suspended, or
10 revoked license;
11 (15) signing, affixing the Professional Land
12 Surveyor's seal or permitting the Professional Land
13 Surveyor's seal to be affixed to any map or plat of survey
14 not prepared by the Professional Land Surveyor or under the
15 Professional Land Surveyor's direct supervision and
16 control;
17 (16) inability to practice the profession with
18 reasonable judgment, skill, or safety as a result of
19 physical illness, including, but not limited to,
20 deterioration through the aging process or loss of motor
21 skill or a mental illness or disability;
22 (17) (blank); or
23 (18) failure to adequately supervise or control land
24 surveying operations being performed by subordinates.
25 (a-5) In enforcing this Section, the Department or Board,
26upon a showing of a possible violation, may compel a person

HB5597- 858 -LRB098 15874 AMC 50917 b
1licensed to practice under this Act, or who has applied for
2licensure or certification pursuant to this Act, to submit to a
3mental or physical examination, or both, as required by and at
4the expense of the Department. The Department or Board may
5order the examining physician to present testimony concerning
6the mental or physical examination of the licensee or
7applicant. No information shall be excluded by reason of any
8common law or statutory privilege relating to communications
9between the licensee or applicant and the examining physician.
10The examining physicians shall be specifically designated by
11the Board or Department. The individual to be examined may
12have, at his or her own expense, another physician of his or
13her choice present during all aspects of the examination.
14Failure of an individual to submit to a mental or physical
15examination when directed shall be grounds for the immediate
16suspension of his or her license until the individual submits
17to the examination if the Department finds that the refusal to
18submit to the examination was without reasonable cause as
19defined by rule.
20 If the Secretary immediately suspends the license of a
21licensee for his or her failure to submit to a mental or
22physical examination when directed, a hearing must be convened
23by the Department within 15 days after the suspension and
24completed without appreciable delay.
25 If the Secretary otherwise suspends a person's license
26pursuant to the results of a compelled mental or physical

HB5597- 859 -LRB098 15874 AMC 50917 b
1examination, a hearing on that person's license must be
2convened by the Department within 15 days after the suspension
3and completed without appreciable delay. The Department and
4Board shall have the authority to review the subject
5individual's record of treatment and counseling regarding
6impairment to the extent permitted by applicable federal
7statutes and regulations safeguarding the confidentiality of
8medical records.
9 Any licensee suspended under this subsection (a-5) shall be
10afforded an opportunity to demonstrate to the Department or
11Board that he or she can resume practice in compliance with the
12acceptable and prevailing standards under the provisions of his
13or her license.
14 (b) The determination by a circuit court that a licensee is
15subject to involuntary admission or judicial admission as
16provided in the Mental Health and Developmental Disabilities
17Code, as now or hereafter amended, operates as an automatic
18license suspension. Such suspension will end only upon a
19finding by a court that the patient is no longer subject to
20involuntary admission or judicial admission and the issuance of
21an order so finding and discharging the patient and upon the
22recommendation of the Board to the Director that the licensee
23be allowed to resume his or her practice.
24 (c) The Department shall deny a license or renewal
25authorized by this Act to a person who has defaulted on an
26educational loan or scholarship provided or guaranteed by the

HB5597- 860 -LRB098 15874 AMC 50917 b
1Illinois Student Assistance Commission or any governmental
2agency of this State in accordance with subdivision (a)(5) of
3Section 2105-15 15 of the Department of Professional Regulation
4Law of the Civil Administrative Code of Illinois (20 ILCS
52105/2105-15).
6 (d) In cases where the Department of Healthcare and Family
7Services (formerly the Department of Public Aid) has previously
8determined that a licensee or a potential licensee is more than
930 days delinquent in the payment of child support and has
10subsequently certified the delinquency to the Department, the
11Department shall refuse to issue or renew or shall revoke or
12suspend that person's license or shall take other disciplinary
13action against that person based solely upon the certification
14of delinquency made by the Department of Healthcare and Family
15Services in accordance with subdivision (a)(5) of Section
162105-15 15 of the Department of Professional Regulation Law of
17the Civil Administrative Code of Illinois (20 ILCS
182105/2105-15).
19 (e) The Department shall refuse to issue or renew or shall
20revoke or suspend a person's license or shall take other
21disciplinary action against that person for his or her failure
22to file a return, to pay the tax, penalty, or interest shown in
23a filed return, or to pay any final assessment of tax, penalty,
24or interest as required by any tax Act administered by the
25Department of Revenue, until such time as the requirements of
26the tax Act are satisfied in accordance with subsection (g) of

HB5597- 861 -LRB098 15874 AMC 50917 b
1Section 2105-15 15 of the Department of Professional Regulation
2Law of the Civil Administrative Code of Illinois (20 ILCS
32105/2105-15).
4(Source: P.A. 96-626, eff. 8-24-09; revised 11-14-13.)
5 (225 ILCS 330/47) (from Ch. 111, par. 3297)
6 (Section scheduled to be repealed on January 1, 2020)
7 Sec. 47. Home rule. Pursuant to subsection (h) of Section 6
8of Article VII 7 of the Illinois Constitution, a home rule unit
9may not regulate the profession of land surveying in a manner
10more restrictive than the regulation by the State of the
11profession of land surveying as provided in this Act. This
12Section is a limitation on the concurrent exercise by home rule
13units of powers and functions exercised by the State.
14(Source: P.A. 86-987; revised 11-14-13.)
15 Section 470. The Structural Engineering Practice Act of
161989 is amended by changing Sections 20 and 37 as follows:
17 (225 ILCS 340/20) (from Ch. 111, par. 6620)
18 (Section scheduled to be repealed on January 1, 2020)
19 Sec. 20. Refusal; revocation; suspension.
20 (a) The Department may refuse to issue or renew, or may
21revoke a license, or may suspend, place on probation, fine, or
22take any disciplinary or non-disciplinary action as the
23Department may deem proper, including a fine not to exceed

HB5597- 862 -LRB098 15874 AMC 50917 b
1$10,000 for each violation, with regard to any licensee for any
2one or combination of the following reasons:
3 (1) Material misstatement in furnishing information to
4 the Department;
5 (2) Negligence, incompetence or misconduct in the
6 practice of structural engineering;
7 (3) Making any misrepresentation for the purpose of
8 obtaining licensure;
9 (4) The affixing of a licensed structural engineer's
10 seal to any plans, specifications or drawings which have
11 not been prepared by or under the immediate personal
12 supervision of that licensed structural engineer or
13 reviewed as provided in this Act;
14 (5) Conviction of, or entry of a plea of guilty or nolo
15 contendere to, any crime that is a felony under the laws of
16 the United States or of any state or territory thereof, or
17 that is a misdemeanor an essential element of which is
18 dishonesty, or any crime that is directly related to the
19 practice of the profession;
20 (6) Making a statement of compliance pursuant to the
21 Environmental Barriers Act, as now or hereafter amended,
22 that a plan for construction or alteration of a public
23 facility or for construction of a multi-story housing unit
24 is in compliance with the Environmental Barriers Act when
25 such plan is not in compliance;
26 (7) Failure to comply with any of the provisions of

HB5597- 863 -LRB098 15874 AMC 50917 b
1 this Act or its rules;
2 (8) Aiding or assisting another person in violating any
3 provision of this Act or its rules;
4 (9) Engaging in dishonorable, unethical or
5 unprofessional conduct of a character likely to deceive,
6 defraud or harm the public, as defined by rule;
7 (10) Habitual or excessive use or addiction to alcohol,
8 narcotics, stimulants, or any other chemical agent or drug
9 that results in the inability to practice with reasonable
10 judgment, skill, or safety;
11 (11) Failure of an applicant or licensee to pay a fine
12 imposed by the Department or a licensee whose license has
13 been placed on probationary status has violated the terms
14 of probation;
15 (12) Discipline by another state, territory, foreign
16 country, the District of Columbia, the United States
17 government, or any other governmental agency, if at least
18 one of the grounds for discipline is the same or
19 substantially equivalent to those set forth in this
20 Section;
21 (13) Failure to provide information in response to a
22 written request made by the Department within 30 days after
23 the receipt of such written request; or
24 (14) Physical illness, including but not limited to,
25 deterioration through the aging process or loss of motor
26 skill, mental illness, or disability which results in the

HB5597- 864 -LRB098 15874 AMC 50917 b
1 inability to practice the profession of structural
2 engineering with reasonable judgment, skill, or safety.
3 (a-5) In enforcing this Section, the Department or Board,
4upon a showing of a possible violation, may order a licensee or
5applicant to submit to a mental or physical examination, or
6both, at the expense of the Department. The Department or Board
7may order the examining physician to present testimony
8concerning his or her examination of the licensee or applicant.
9No information shall be excluded by reason of any common law or
10statutory privilege relating to communications between the
11licensee or applicant and the examining physician. The
12examining physicians shall be specifically designated by the
13Board or Department. The licensee or applicant may have, at his
14or her own expense, another physician of his or her choice
15present during all aspects of the examination. Failure of a
16licensee or applicant to submit to any such examination when
17directed, without reasonable cause as defined by rule, shall be
18grounds for either the immediate suspension of his or her
19license or immediate denial of his or her application.
20 If the Secretary immediately suspends the license of a
21licensee for his or her failure to submit to a mental or
22physical examination when directed, a hearing must be convened
23by the Department within 15 days after the suspension and
24completed without appreciable delay.
25 If the Secretary otherwise suspends a license pursuant to
26the results of the licensee's mental or physical examination, a

HB5597- 865 -LRB098 15874 AMC 50917 b
1hearing must be convened by the Department within 15 days after
2the suspension and completed without appreciable delay. The
3Department and Board shall have the authority to review the
4licensee's record of treatment and counseling regarding the
5relevant impairment or impairments to the extent permitted by
6applicable federal statutes and regulations safeguarding the
7confidentiality of medical records.
8 Any licensee suspended under this subsection (a-5) shall be
9afforded an opportunity to demonstrate to the Department or
10Board that he or she can resume practice in compliance with the
11acceptable and prevailing standards under the provisions of his
12or her license.
13 (b) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission, as
15provided in the Mental Health and Developmental Disabilities
16Code, operates as an automatic suspension. Such suspension will
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission,
19the issuance of an order so finding and discharging the
20patient, and the recommendation of the Board to the Secretary
21that the licensee be allowed to resume practice.
22 (c) The Department shall deny a license or renewal
23authorized by this Act to a person who has defaulted on an
24educational loan or scholarship provided or guaranteed by the
25Illinois Student Assistance Commission or any governmental
26agency of this State in accordance with subdivision (a)(5) of

HB5597- 866 -LRB098 15874 AMC 50917 b
1Section 2105-15 15 of the Department of Professional Regulation
2Law of the Civil Administrative Code of Illinois.
3 (d) In cases where the Department of Healthcare and Family
4Services (formerly the Department of Public Aid) has previously
5determined that a licensee or a potential licensee is more than
630 days delinquent in the payment of child support and has
7subsequently certified the delinquency to the Department, the
8Department shall refuse to issue or renew or shall revoke or
9suspend that person's license or shall take other disciplinary
10action against that person based solely upon the certification
11of delinquency made by the Department of Healthcare and Family
12Services in accordance with subdivision (a)(5) of Section
132105-15 15 of the Department of Professional Regulation Law of
14the Civil Administrative Code of Illinois.
15 (e) The Department shall deny a license or renewal
16authorized by this Act to a person who has failed to file a
17return, to pay the tax, penalty, or interest shown in a filed
18return, or to pay any final assessment of tax, penalty, or
19interest as required by any tax Act administered by the
20Department of Revenue, until such time as the requirements of
21the tax Act are satisfied in accordance with subsection (g) of
22Section 2105-15 15 of the Department of Professional Regulation
23Law of the Civil Administrative Code of Illinois.
24 (f) Persons who assist the Department as consultants or
25expert witnesses in the investigation or prosecution of alleged
26violations of the Act, licensure matters, restoration

HB5597- 867 -LRB098 15874 AMC 50917 b
1proceedings, or criminal prosecutions, are not liable for
2damages in any civil action or proceeding as a result of such
3assistance, except upon proof of actual malice. The Attorney
4General of the State of Illinois shall defend such persons in
5any such action or proceeding.
6(Source: P.A. 96-610, eff. 8-24-09; revised 11-12-13.)
7 (225 ILCS 340/37) (from Ch. 111, par. 6637)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 37. Pursuant to subsection (i) of Section 6 of Article
10VII 7 of the Illinois Constitution, a home rule unit may not
11regulate the profession of structural engineering in a manner
12more restrictive than the regulation by the State of the
13profession of structural engineering as provided in this Act.
14This Section is a limitation on the concurrent exercise by home
15rule units of powers and functions exercised by the State.
16(Source: P.A. 86-711; revised 11-14-13.)
17 Section 475. The Illinois Certified Shorthand Reporters
18Act of 1984 is amended by changing Sections 23 and 23.2a as
19follows:
20 (225 ILCS 415/23) (from Ch. 111, par. 6223)
21 (Section scheduled to be repealed on January 1, 2024)
22 Sec. 23. Grounds for disciplinary action.
23 (a) The Department may refuse to issue or renew, or may

HB5597- 868 -LRB098 15874 AMC 50917 b
1revoke, suspend, place on probation, reprimand or take other
2disciplinary or non-disciplinary action as the Department may
3deem appropriate, including imposing fines not to exceed
4$10,000 for each violation and the assessment of costs as
5provided for in Section 23.3 of this Act, with regard to any
6license for any one or combination of the following:
7 (1) Material misstatement in furnishing information to
8 the Department;
9 (2) Violations of this Act, or of the rules promulgated
10 thereunder;
11 (3) Conviction by plea of guilty or nolo contendere,
12 finding of guilt, jury verdict, or entry of judgment or by
13 sentencing of any crime, including, but not limited to,
14 convictions, preceding sentences of supervision,
15 conditional discharge, or first offender probation under
16 the laws of any jurisdiction of the United States: (i) that
17 is a felony or (ii) that is a misdemeanor, an essential
18 element of which is dishonesty, or that is directly related
19 to the practice of the profession;
20 (4) Fraud or any misrepresentation in applying for or
21 procuring a license under this Act or in connection with
22 applying for renewal of a license under this Act;
23 (5) Professional incompetence;
24 (6) Aiding or assisting another person, firm,
25 partnership or corporation in violating any provision of
26 this Act or rules;

HB5597- 869 -LRB098 15874 AMC 50917 b
1 (7) Failing, within 60 days, to provide information in
2 response to a written request made by the Department;
3 (8) Engaging in dishonorable, unethical or
4 unprofessional conduct of a character likely to deceive,
5 defraud or harm the public;
6 (9) Habitual or excessive use or abuse of drugs defined
7 in law as controlled substances, alcohol, or any other
8 substances that results in the inability to practice with
9 reasonable judgment, skill, or safety;
10 (10) Discipline by another state, unit of government,
11 government agency, the District of Columbia, a territory,
12 or foreign nation, if at least one of the grounds for the
13 discipline is the same or substantially equivalent to those
14 set forth herein;
15 (11) Charging for professional services not rendered,
16 including filing false statements for the collection of
17 fees for which services were not rendered, or giving,
18 directly or indirectly, any gift or anything of value to
19 attorneys or their staff or any other persons or entities
20 associated with any litigation, that exceeds $100 total per
21 year; for the purposes of this Section, pro bono services,
22 as defined by State law, are permissible in any amount;
23 (12) A finding by the Board that the certificate
24 holder, after having his certificate placed on
25 probationary status, has violated the terms of probation;
26 (13) Willfully making or filing false records or

HB5597- 870 -LRB098 15874 AMC 50917 b
1 reports in the practice of shorthand reporting, including
2 but not limited to false records filed with State agencies
3 or departments;
4 (14) Physical illness, including but not limited to,
5 deterioration through the aging process, or loss of motor
6 skill which results in the inability to practice under this
7 Act with reasonable judgment, skill or safety;
8 (15) Solicitation of professional services other than
9 by permitted advertising;
10 (16) Willful failure to take full and accurate
11 stenographic notes of any proceeding;
12 (17) Willful alteration of any stenographic notes
13 taken at any proceeding;
14 (18) Willful failure to accurately transcribe verbatim
15 any stenographic notes taken at any proceeding;
16 (19) Willful alteration of a transcript of
17 stenographic notes taken at any proceeding;
18 (20) Affixing one's signature to any transcript of his
19 stenographic notes or certifying to its correctness unless
20 the transcript has been prepared by him or under his
21 immediate supervision;
22 (21) Willful failure to systematically retain
23 stenographic notes or transcripts on paper or any
24 electronic media for 10 years from the date that the notes
25 or transcripts were taken;
26 (22) Failure to deliver transcripts in a timely manner

HB5597- 871 -LRB098 15874 AMC 50917 b
1 or in accordance with contractual agreements;
2 (23) Establishing contingent fees as a basis of
3 compensation;
4 (24) Mental illness or disability that results in the
5 inability to practice under this Act with reasonable
6 judgment, skill, or safety;
7 (25) Practicing under a false or assumed name, except
8 as provided by law;
9 (26) Cheating on or attempting to subvert the licensing
10 examination administered under this Act;
11 (27) Allowing one's license under this Act to be used
12 by an unlicensed person in violation of this Act.
13 All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the fine
15or in accordance with the terms set forth in the order imposing
16the fine.
17 (b) The determination by a circuit court that a certificate
18holder is subject to involuntary admission or judicial
19admission as provided in the Mental Health and Developmental
20Disabilities Code, operates as an automatic suspension. Such
21suspension will end only upon a finding by a court that the
22patient is no longer subject to involuntary admission or
23judicial admission, an order by the court so finding and
24discharging the patient. In any case where a license is
25suspended under this Section, the licensee may file a petition
26for restoration and shall include evidence acceptable to the

HB5597- 872 -LRB098 15874 AMC 50917 b
1Department that the licensee can resume practice in compliance
2with acceptable and prevailing standards of the profession.
3 (c) In cases where the Department of Healthcare and Family
4Services has previously determined a licensee or a potential
5licensee is more than 30 days delinquent in the payment of
6child support and has subsequently certified the delinquency to
7the Department, the Department may refuse to issue or renew or
8may revoke or suspend that person's license or may take other
9disciplinary action against that person based solely upon the
10certification of delinquency made by the Department of
11Healthcare and Family Services in accordance with item (5) of
12subsection (a) (g) of Section 2105-15 1205-15 of the Civil
13Administrative Code of Illinois.
14 (d) In enforcing this Section, the Department, upon a
15showing of a possible violation, may compel any individual who
16is certified under this Act or any individual who has applied
17for certification under this Act to submit to a mental or
18physical examination and evaluation, or both, which may include
19a substance abuse or sexual offender evaluation, at the expense
20of the Department. The Department shall specifically designate
21the examining physician licensed to practice medicine in all of
22its branches or, if applicable, the multidisciplinary team
23involved in providing the mental or physical examination and
24evaluation, or both. The multidisciplinary team shall be led by
25a physician licensed to practice medicine in all of its
26branches and may consist of one or more or a combination of

HB5597- 873 -LRB098 15874 AMC 50917 b
1physicians licensed to practice medicine in all of its
2branches, licensed chiropractic physicians, licensed clinical
3psychologists, licensed clinical social workers, licensed
4clinical professional counselors, and other professional and
5administrative staff. Any examining physician or member of the
6multidisciplinary team may require any person ordered to submit
7to an examination and evaluation pursuant to this Section to
8submit to any additional supplemental testing deemed necessary
9to complete any examination or evaluation process, including,
10but not limited to, blood testing, urinalysis, psychological
11testing, or neuropsychological testing.
12 The Department may order the examining physician or any
13member of the multidisciplinary team to provide to the
14Department any and all records, including business records,
15that relate to the examination and evaluation, including any
16supplemental testing performed. The Department may order the
17examining physician or any member of the multidisciplinary team
18to present testimony concerning this examination and
19evaluation of the certified shorthand reporter or applicant,
20including testimony concerning any supplemental testing or
21documents relating to the examination and evaluation. No
22information, report, record, or other documents in any way
23related to the examination and evaluation shall be excluded by
24reason of any common law or statutory privilege relating to
25communication between the licensee or applicant and the
26examining physician or any member of the multidisciplinary

HB5597- 874 -LRB098 15874 AMC 50917 b
1team. No authorization is necessary from the certified
2shorthand reporter or applicant ordered to undergo an
3evaluation and examination for the examining physician or any
4member of the multidisciplinary team to provide information,
5reports, records, or other documents or to provide any
6testimony regarding the examination and evaluation. The
7individual to be examined may have, at his or her own expense,
8another physician of his or her choice present during all
9aspects of the examination.
10 Failure of any individual to submit to mental or physical
11examination and evaluation, or both, when directed, shall
12result in an automatic suspension, without hearing, until such
13time as the individual submits to the examination. If the
14Department finds a certified shorthand reporter unable to
15practice because of the reasons set forth in this Section, the
16Department shall require the certified shorthand reporter to
17submit to care, counseling, or treatment by physicians approved
18or designated by the Department, as a condition for continued,
19reinstated, or renewed certification.
20 When the Secretary immediately suspends a certificate
21under this Section, a hearing upon the person's certificate
22must be convened by the Department within 15 days after the
23suspension and completed without appreciable delay. The
24Department shall have the authority to review the certified
25shorthand reporter's record of treatment and counseling
26regarding the impairment, to the extent permitted by applicable

HB5597- 875 -LRB098 15874 AMC 50917 b
1federal statutes and regulations safeguarding the
2confidentiality of medical records.
3 Individuals certified under this Act, affected under this
4Section, shall be afforded an opportunity to demonstrate to the
5Department that they can resume practice in compliance with
6acceptable and prevailing standards under the provisions of
7their certification.
8 (e) The Department shall deny a license or renewal
9authorized by this Act to a person who has defaulted on an
10educational loan or scholarship provided or guaranteed by the
11Illinois Student Assistance Commission or any governmental
12agency of this State in accordance with item (5) of subsection
13(a) (g) of Section 2105-15 of the Civil Administrative Code of
14Illinois.
15 (f) The Department may refuse to issue or may suspend
16without hearing, as provided for in the Code of Civil
17Procedure, the license of any person who fails to file a
18return, to pay the tax, penalty, or interest shown in a filed
19return, or to pay any final assessment of tax, penalty, or
20interest as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied in accordance
23with subsection (g) of Section 2105-15 of the Civil
24Administrative Code of Illinois.
25(Source: P.A. 98-445, eff. 12-31-13; revised 11-14-13.)

HB5597- 876 -LRB098 15874 AMC 50917 b
1 (225 ILCS 415/23.2a)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 23.2a. Confidentiality. All information collected by
4the Department in the course of an examination or investigation
5of a licensee or applicant, including, but not limited to, any
6complaint against a licensee filed with the Department and
7information collected to investigate any such complaint, shall
8be maintained for the confidential use of the Department and
9shall not be disclosed. The Department may not disclose the
10information to anyone other than law enforcement officials,
11other regulatory agencies that have an appropriate regulatory
12interest as determined by the Secretary, or to a party
13presenting a lawful subpoena to the Department. Information and
14documents disclosed to a federal, State, county, or local law
15enforcement agency shall not be disclosed by the agency for any
16purpose to any other agency or person. A formal complaint filed
17against a licensee by the Department or any order issued by the
18Department against a licensee or applicant shall be a public
19record, except as otherwise prohibited by law.
20(Source: P.A. 98-445, eff. 12-31-13; revised 11-12-13.)
21 Section 480. The Community Association Manager Licensing
22and Disciplinary Act is amended by changing Section 85 as
23follows:
24 (225 ILCS 427/85)

HB5597- 877 -LRB098 15874 AMC 50917 b
1 (Section scheduled to be repealed on January 1, 2020)
2 Sec. 85. Grounds for discipline; refusal, revocation, or
3suspension.
4 (a) The Department may refuse to issue or renew a license,
5or may place on probation, reprimand, suspend, or revoke any
6license, or take any other disciplinary or non-disciplinary
7action as the Department may deem proper and impose a fine not
8to exceed $10,000 for each violation upon any licensee or
9applicant under this Act or any person or entity who holds
10himself, herself, or itself out as an applicant or licensee for
11any one or combination of the following causes:
12 (1) Material misstatement in furnishing information to
13 the Department.
14 (2) Violations of this Act or its rules.
15 (3) Conviction of or entry of a plea of guilty or plea
16 of nolo contendere to a felony or a misdemeanor under the
17 laws of the United States, any state, or any other
18 jurisdiction or entry of an administrative sanction by a
19 government agency in this State or any other jurisdiction.
20 Action taken under this paragraph (3) for a misdemeanor or
21 an administrative sanction is limited to a misdemeanor or
22 administrative sanction that has as an essential element
23 dishonesty or fraud, that involves larceny, embezzlement,
24 or obtaining money, property, or credit by false pretenses
25 or by means of a confidence game, or that is directly
26 related to the practice of the profession.

HB5597- 878 -LRB098 15874 AMC 50917 b
1 (4) Making any misrepresentation for the purpose of
2 obtaining a license or violating any provision of this Act
3 or its rules.
4 (5) Professional incompetence.
5 (6) Gross negligence.
6 (7) Aiding or assisting another person in violating any
7 provision of this Act or its rules.
8 (8) Failing, within 30 days, to provide information in
9 response to a request made by the Department.
10 (9) Engaging in dishonorable, unethical, or
11 unprofessional conduct of a character likely to deceive,
12 defraud or harm the public as defined by the rules of the
13 Department, or violating the rules of professional conduct
14 adopted by the Department.
15 (10) Habitual or excessive use or addiction to alcohol,
16 narcotics, stimulants, or any other chemical agent or drug
17 that results in the inability to practice with reasonable
18 judgment, skill, or safety.
19 (11) Having been disciplined by another state, the
20 District of Columbia, a territory, a foreign nation, or a
21 governmental agency authorized to impose discipline if at
22 least one of the grounds for the discipline is the same or
23 substantially equivalent of one of the grounds for which a
24 licensee may be disciplined under this Act. A certified
25 copy of the record of the action by the other state or
26 jurisdiction shall be prima facie evidence thereof.

HB5597- 879 -LRB098 15874 AMC 50917 b
1 (12) Directly or indirectly giving to or receiving from
2 any person, firm, corporation, partnership or association
3 any fee, commission, rebate, or other form of compensation
4 for any professional services not actually or personally
5 rendered.
6 (13) A finding by the Department that the licensee,
7 after having his, her, or its license placed on
8 probationary status, has violated the terms of probation.
9 (14) Willfully making or filing false records or
10 reports relating to a licensee's practice, including but
11 not limited to false records filed with any State or
12 federal agencies or departments.
13 (15) Being named as a perpetrator in an indicated
14 report by the Department of Children and Family Services
15 under the Abused and Neglected Child Reporting Act and upon
16 proof by clear and convincing evidence that the licensee
17 has caused a child to be an abused child or neglected child
18 as defined in the Abused and Neglected Child Reporting Act.
19 (16) Physical illness or mental illness or impairment,
20 including, but not limited to, deterioration through the
21 aging process or loss of motor skill that results in the
22 inability to practice the profession with reasonable
23 judgment, skill, or safety.
24 (17) Solicitation of professional services by using
25 false or misleading advertising.
26 (18) A finding that licensure has been applied for or

HB5597- 880 -LRB098 15874 AMC 50917 b
1 obtained by fraudulent means.
2 (19) Practicing or attempting to practice under a name
3 other than the full name as shown on the license or any
4 other legally authorized name.
5 (20) Gross overcharging for professional services
6 including, but not limited to, (i) collection of fees or
7 moneys for services that are not rendered; and (ii)
8 charging for services that are not in accordance with the
9 contract between the licensee and the community
10 association.
11 (21) Improper commingling of personal and client funds
12 in violation of this Act or any rules promulgated thereto.
13 (22) Failing to account for or remit any moneys or
14 documents coming into the licensee's possession that
15 belong to another person or entity.
16 (23) Giving differential treatment to a person that is
17 to that person's detriment because of race, color, creed,
18 sex, religion, or national origin.
19 (24) Performing and charging for services without
20 reasonable authorization to do so from the person or entity
21 for whom service is being provided.
22 (25) Failing to make available to the Department, upon
23 request, any books, records, or forms required by this Act.
24 (26) Purporting to be a supervising community
25 association manager of a firm without active participation
26 in the firm.

HB5597- 881 -LRB098 15874 AMC 50917 b
1 (27) Failing to make available to the Department at the
2 time of the request any indicia of licensure or
3 registration issued under this Act.
4 (28) Failing to maintain and deposit funds belonging to
5 a community association in accordance with subsection (b)
6 of Section 55 of this Act.
7 (29) Violating the terms of a disciplinary order issued
8 by the Department.
9 (b) In accordance with subdivision (a)(5) of Section
102105-15 15 of the Department of Professional Regulation Law of
11the Civil Administrative Code of Illinois (20 ILCS
122105/2105-15), the Department shall deny a license or renewal
13authorized by this Act to a person who has defaulted on an
14educational loan or scholarship provided or guaranteed by the
15Illinois Student Assistance Commission or any governmental
16agency of this State.
17 (c) The determination by a circuit court that a licensee is
18subject to involuntary admission or judicial admission, as
19provided in the Mental Health and Developmental Disabilities
20Code, operates as an automatic suspension. The suspension will
21terminate only upon a finding by a court that the patient is no
22longer subject to involuntary admission or judicial admission
23and the issuance of an order so finding and discharging the
24patient, and upon the recommendation of the Board to the
25Secretary that the licensee be allowed to resume his or her
26practice as a licensed community association manager.

HB5597- 882 -LRB098 15874 AMC 50917 b
1 (d) In accordance with subsection (g) of Section 2105-15 15
2of the Department of Professional Regulation Law of the Civil
3Administrative Code of Illinois (20 ILCS 2105/2105-15), the
4Department may refuse to issue or renew or may suspend the
5license of any person who fails to file a return, to pay the
6tax, penalty, or interest shown in a filed return, or to pay
7any final assessment of tax, penalty, or interest, as required
8by any tax Act administered by the Department of Revenue, until
9such time as the requirements of that tax Act are satisfied.
10 (e) In accordance with subdivision (a)(5) of Section
112105-15 15 of the Department of Professional Regulation Law of
12the Civil Administrative Code of Illinois (20 ILCS
132105/2105-15) and in cases where the Department of Healthcare
14and Family Services (formerly Department of Public Aid) has
15previously determined that a licensee or a potential licensee
16is more than 30 days delinquent in the payment of child support
17and has subsequently certified the delinquency to the
18Department may refuse to issue or renew or may revoke or
19suspend that person's license or may take other disciplinary
20action against that person based solely upon the certification
21of delinquency made by the Department of Healthcare and Family
22Services.
23 (f) In enforcing this Section, the Department or Board upon
24a showing of a possible violation may compel a licensee or an
25individual licensed to practice under this Act, or who has
26applied for licensure under this Act, to submit to a mental or

HB5597- 883 -LRB098 15874 AMC 50917 b
1physical examination, or both, as required by and at the
2expense of the Department. The Department or Board may order
3the examining physician to present testimony concerning the
4mental or physical examination of the licensee or applicant. No
5information shall be excluded by reason of any common law or
6statutory privilege relating to communications between the
7licensee or applicant and the examining physician. The
8examining physicians shall be specifically designated by the
9Board or Department. The individual to be examined may have, at
10his or her own expense, another physician of his or her choice
11present during all aspects of this examination. Failure of an
12individual to submit to a mental or physical examination, when
13directed, shall be grounds for suspension of his or her license
14or denial of his or her application or renewal until the
15individual submits to the examination if the Department finds,
16after notice and hearing, that the refusal to submit to the
17examination was without reasonable cause.
18 If the Department or Board finds an individual unable to
19practice because of the reasons set forth in this Section, the
20Department or Board may require that individual to submit to
21care, counseling, or treatment by physicians approved or
22designated by the Department or Board, as a condition, term, or
23restriction for continued, reinstated, or renewed licensure to
24practice; or, in lieu of care, counseling, or treatment, the
25Department may file, or the Board may recommend to the
26Department to file, a complaint to immediately suspend, revoke,

HB5597- 884 -LRB098 15874 AMC 50917 b
1deny, or otherwise discipline the license of the individual. An
2individual whose license was granted, continued, reinstated,
3renewed, disciplined or supervised subject to such terms,
4conditions, or restrictions, and who fails to comply with such
5terms, conditions, or restrictions, shall be referred to the
6Secretary for a determination as to whether the individual
7shall have his or her license suspended immediately, pending a
8hearing by the Department.
9 In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 30 days after
12the suspension and completed without appreciable delay. The
13Department and Board shall have the authority to review the
14subject individual's record of treatment and counseling
15regarding the impairment to the extent permitted by applicable
16federal statutes and regulations safeguarding the
17confidentiality of medical records.
18 An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department or Board that he or she can resume practice in
21compliance with acceptable and prevailing standards under the
22provisions of his or her license.
23(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
24revised 11-14-13.)
25 Section 485. The Detection of Deception Examiners Act is

HB5597- 885 -LRB098 15874 AMC 50917 b
1amended by changing Section 14 as follows:
2 (225 ILCS 430/14) (from Ch. 111, par. 2415)
3 (Section scheduled to be repealed on January 1, 2022)
4 Sec. 14. (a) The Department may refuse to issue or renew or
5may revoke, suspend, place on probation, reprimand, or take
6other disciplinary or non-disciplinary action as the
7Department may deem appropriate, including imposing fines not
8to exceed $10,000 for each violation, with regard to any
9license for any one or a combination of the following:
10 (1) Material misstatement in furnishing information to
11 the Department.
12 (2) Violations of this Act, or of the rules adopted
13 under this Act.
14 (3) Conviction by plea of guilty or nolo contendere,
15 finding of guilt, jury verdict, or entry of judgment or by
16 sentencing of any crime, including, but not limited to,
17 convictions, preceding sentences of supervision,
18 conditional discharge, or first offender probation, under
19 the laws of any jurisdiction of the United States: (i) that
20 is a felony or (ii) that is a misdemeanor, an essential
21 element of which is dishonesty, or that is directly related
22 to the practice of the profession.
23 (4) Making any misrepresentation for the purpose of
24 obtaining licensure or violating any provision of this Act
25 or the rules adopted under this Act pertaining to

HB5597- 886 -LRB098 15874 AMC 50917 b
1 advertising.
2 (5) Professional incompetence.
3 (6) Allowing one's license under this Act to be used by
4 an unlicensed person in violation of this Act.
5 (7) Aiding or assisting another person in violating
6 this Act or any rule adopted under this Act.
7 (8) Where the license holder has been adjudged mentally
8 ill, mentally deficient or subject to involuntary
9 admission as provided in the Mental Health and
10 Developmental Disabilities Code.
11 (9) Failing, within 60 days, to provide information in
12 response to a written request made by the Department.
13 (10) Engaging in dishonorable, unethical, or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public.
16 (11) Inability to practice with reasonable judgment,
17 skill, or safety as a result of habitual or excessive use
18 or addiction to alcohol, narcotics, stimulants, or any
19 other chemical agent or drug.
20 (12) Discipline by another state, District of
21 Columbia, territory, or foreign nation, if at least one of
22 the grounds for the discipline is the same or substantially
23 equivalent to those set forth in this Section.
24 (13) A finding by the Department that the licensee,
25 after having his or her license placed on probationary
26 status, has violated the terms of probation.

HB5597- 887 -LRB098 15874 AMC 50917 b
1 (14) Willfully making or filing false records or
2 reports in his or her practice, including, but not limited
3 to, false records filed with State agencies or departments.
4 (15) Inability to practice the profession with
5 reasonable judgment, skill, or safety as a result of a
6 physical illness, including, but not limited to,
7 deterioration through the aging process or loss of motor
8 skill, or a mental illness or disability.
9 (16) Charging for professional services not rendered,
10 including filing false statements for the collection of
11 fees for which services are not rendered.
12 (17) Practicing under a false or, except as provided by
13 law, an assumed name.
14 (18) Fraud or misrepresentation in applying for, or
15 procuring, a license under this Act or in connection with
16 applying for renewal of a license under this Act.
17 (19) Cheating on or attempting to subvert the licensing
18 examination administered under this Act.
19 All fines imposed under this Section shall be paid within
2060 days after the effective date of the order imposing the
21fine.
22 (b) The Department may refuse to issue or may suspend
23without hearing, as provided for in the Code of Civil
24Procedure, the license of any person who fails to file a
25return, or pay the tax, penalty, or interest shown in a filed
26return, or pay any final assessment of the tax, penalty, or

HB5597- 888 -LRB098 15874 AMC 50917 b
1interest as required by any tax Act administered by the
2Illinois Department of Revenue, until such time as the
3requirements of any such tax Act are satisfied in accordance
4with subsection (g) of Section 2105-15 of the Civil
5Administrative Code of Illinois.
6 (c) The Department shall deny a license or renewal
7authorized by this Act to a person who has defaulted on an
8educational loan or scholarship provided or guaranteed by the
9Illinois Student Assistance Commission or any governmental
10agency of this State in accordance with item (5) of subsection
11(a) (g) of Section 2105-15 of the Civil Administrative Code of
12Illinois.
13 (d) In cases where the Department of Healthcare and Family
14Services has previously determined a licensee or a potential
15licensee is more than 30 days delinquent in the payment of
16child support and has subsequently certified the delinquency to
17the Department, the Department may refuse to issue or renew or
18may revoke or suspend that person's license or may take other
19disciplinary action against that person based solely upon the
20certification of delinquency made by the Department of
21Healthcare and Family Services in accordance with item (5) of
22subsection (a) (g) of Section 2105-15 1205-15 of the Civil
23Administrative Code of Illinois.
24 (e) The determination by a circuit court that a licensee is
25subject to involuntary admission or judicial admission, as
26provided in the Mental Health and Developmental Disabilities

HB5597- 889 -LRB098 15874 AMC 50917 b
1Code, operates as an automatic suspension. The suspension will
2end only upon a finding by a court that the patient is no
3longer subject to involuntary admission or judicial admission
4and the issuance of an order so finding and discharging the
5patient.
6 (f) In enforcing this Act, the Department, upon a showing
7of a possible violation, may compel an individual licensed to
8practice under this Act, or who has applied for licensure under
9this Act, to submit to a mental or physical examination, or
10both, as required by and at the expense of the Department. The
11Department may order the examining physician to present
12testimony concerning the mental or physical examination of the
13licensee or applicant. No information shall be excluded by
14reason of any common law or statutory privilege relating to
15communications between the licensee or applicant and the
16examining physician. The examining physicians shall be
17specifically designated by the Department. The individual to be
18examined may have, at his or her own expense, another physician
19of his or her choice present during all aspects of this
20examination. The examination shall be performed by a physician
21licensed to practice medicine in all its branches. Failure of
22an individual to submit to a mental or physical examination,
23when directed, shall result in an automatic suspension without
24hearing.
25 A person holding a license under this Act or who has
26applied for a license under this Act who, because of a physical

HB5597- 890 -LRB098 15874 AMC 50917 b
1or mental illness or disability, including, but not limited to,
2deterioration through the aging process or loss of motor skill,
3is unable to practice the profession with reasonable judgment,
4skill, or safety, may be required by the Department to submit
5to care, counseling, or treatment by physicians approved or
6designated by the Department as a condition, term, or
7restriction for continued, reinstated, or renewed licensure to
8practice. Submission to care, counseling, or treatment as
9required by the Department shall not be considered discipline
10of a license. If the licensee refuses to enter into a care,
11counseling, or treatment agreement or fails to abide by the
12terms of the agreement, the Department may file a complaint to
13revoke, suspend, or otherwise discipline the license of the
14individual. The Secretary may order the license suspended
15immediately, pending a hearing by the Department. Fines shall
16not be assessed in disciplinary actions involving physical or
17mental illness or impairment.
18 In instances in which the Secretary immediately suspends a
19person's license under this Section, a hearing on that person's
20license must be convened by the Department within 15 days after
21the suspension and completed without appreciable delay. The
22Department shall have the authority to review the subject
23individual's record of treatment and counseling regarding the
24impairment to the extent permitted by applicable federal
25statutes and regulations safeguarding the confidentiality of
26medical records.

HB5597- 891 -LRB098 15874 AMC 50917 b
1 An individual licensed under this Act and affected under
2this Section shall be afforded an opportunity to demonstrate to
3the Department that he or she can resume practice in compliance
4with acceptable and prevailing standards under the provisions
5of his or her license.
6(Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;
7revised 11-14-13.)
8 Section 490. The Highway Advertising Control Act of 1971 is
9amended by changing Section 3 and by setting forth,
10renumbering, and changing multiple versions of Section 15 as
11follows:
12 (225 ILCS 440/3) (from Ch. 121, par. 503)
13 Sec. 3. As used in this Act, unless the context otherwise
14requires, the terms defined in the Sections following this
15Section and preceding Section 4 3.01 through 3.16 have the
16meanings ascribed to them in those Sections.
17(Source: P.A. 92-651, eff. 7-11-02; revised 11-14-13.)
18 (225 ILCS 440/14.1)
19 Sec. 14.1 15. Applicability. The changes made to this Act
20by Public Act 98-56 this amendatory Act of the 98th General
21Assembly shall not be applicable if the application would
22impact the receipt, use, or reimbursement of federal funds by
23the Illinois Department of Transportation other than the

HB5597- 892 -LRB098 15874 AMC 50917 b
1reimbursement of Bonus Agreement funds. Any permit granted
2pursuant to an inapplicable provision is void.
3(Source: P.A. 98-56, eff. 7-5-13; revised 10-25-13.)
4 (225 ILCS 440/15)
5 Sec. 15. "An Act relating to the restriction, prohibition,
6regulation, and control of billboards and other outdoor
7advertising devices on certain lands adjacent to National
8System of Interstate and Defense Highways in Illinois",
9approved June 28, 1965, is repealed.
10(Source: P.A. 77-1815.)
11 Section 495. The Home Inspector License Act is amended by
12changing Section 15-10 as follows:
13 (225 ILCS 441/15-10)
14 (Section scheduled to be repealed on January 1, 2022)
15 Sec. 15-10. Grounds for disciplinary action.
16 (a) The Department may refuse to issue or renew, or may
17revoke, suspend, place on probation, reprimand, or take other
18disciplinary or non-disciplinary action as the Department may
19deem appropriate, including imposing fines not to exceed
20$25,000 for each violation, with regard to any license for any
21one or combination of the following:
22 (1) Fraud or misrepresentation in applying for, or
23 procuring a license under this Act or in connection with

HB5597- 893 -LRB098 15874 AMC 50917 b
1 applying for renewal of a license under this Act.
2 (2) Failing to meet the minimum qualifications for
3 licensure as a home inspector established by this Act.
4 (3) Paying money, other than for the fees provided for
5 by this Act, or anything of value to an employee of the
6 Department to procure licensure under this Act.
7 (4) Conviction by plea of guilty or nolo contendere,
8 finding of guilt, jury verdict, or entry of judgment or by
9 sentencing of any crime, including, but not limited to,
10 convictions, preceding sentences of supervision,
11 conditional discharge, or first offender probation, under
12 the laws of any jurisdiction of the United States: (i) that
13 is a felony; (ii) that is a misdemeanor, an essential
14 element of which is dishonesty, or that is directly related
15 to the practice of the profession; or (iii) that is a crime
16 that subjects the licensee to compliance with the
17 requirements of the Sex Offender Registration Act.
18 (5) Committing an act or omission involving
19 dishonesty, fraud, or misrepresentation with the intent to
20 substantially benefit the licensee or another person or
21 with the intent to substantially injure another person.
22 (6) Violating a provision or standard for the
23 development or communication of home inspections as
24 provided in Section 10-5 of this Act or as defined in the
25 rules.
26 (7) Failing or refusing to exercise reasonable

HB5597- 894 -LRB098 15874 AMC 50917 b
1 diligence in the development, reporting, or communication
2 of a home inspection report, as defined by this Act or the
3 rules.
4 (8) Violating a provision of this Act or the rules.
5 (9) Having been disciplined by another state, the
6 District of Columbia, a territory, a foreign nation, a
7 governmental agency, or any other entity authorized to
8 impose discipline if at least one of the grounds for that
9 discipline is the same as or substantially equivalent to
10 one of the grounds for which a licensee may be disciplined
11 under this Act.
12 (10) Engaging in dishonorable, unethical, or
13 unprofessional conduct of a character likely to deceive,
14 defraud, or harm the public.
15 (11) Accepting an inspection assignment when the
16 employment itself is contingent upon the home inspector
17 reporting a predetermined analysis or opinion, or when the
18 fee to be paid is contingent upon the analysis, opinion, or
19 conclusion reached or upon the consequences resulting from
20 the home inspection assignment.
21 (12) Developing home inspection opinions or
22 conclusions based on the race, color, religion, sex,
23 national origin, ancestry, age, marital status, family
24 status, physical or mental disability, or unfavorable
25 military discharge, as defined under the Illinois Human
26 Rights Act, of the prospective or present owners or

HB5597- 895 -LRB098 15874 AMC 50917 b
1 occupants of the area or property under home inspection.
2 (13) Being adjudicated liable in a civil proceeding on
3 grounds of fraud, misrepresentation, or deceit. In a
4 disciplinary proceeding based upon a finding of civil
5 liability, the home inspector shall be afforded an
6 opportunity to present mitigating and extenuating
7 circumstances, but may not collaterally attack the civil
8 adjudication.
9 (14) Being adjudicated liable in a civil proceeding for
10 violation of a State or federal fair housing law.
11 (15) Engaging in misleading or untruthful advertising
12 or using a trade name or insignia of membership in a home
13 inspection organization of which the licensee is not a
14 member.
15 (16) Failing, within 30 days, to provide information in
16 response to a written request made by the Department.
17 (17) Failing to include within the home inspection
18 report the home inspector's license number and the date of
19 expiration of the license. All home inspectors providing
20 significant contribution to the development and reporting
21 of a home inspection must be disclosed in the home
22 inspection report. It is a violation of this Act for a home
23 inspector to sign a home inspection report knowing that a
24 person providing a significant contribution to the report
25 has not been disclosed in the home inspection report.
26 (18) Advising a client as to whether the client should

HB5597- 896 -LRB098 15874 AMC 50917 b
1 or should not engage in a transaction regarding the
2 residential real property that is the subject of the home
3 inspection.
4 (19) Performing a home inspection in a manner that
5 damages or alters the residential real property that is the
6 subject of the home inspection without the consent of the
7 owner.
8 (20) Performing a home inspection when the home
9 inspector is providing or may also provide other services
10 in connection with the residential real property or
11 transaction, or has an interest in the residential real
12 property, without providing prior written notice of the
13 potential or actual conflict and obtaining the prior
14 consent of the client as provided by rule.
15 (21) Aiding or assisting another person in violating
16 any provision of this Act or rules adopted under this Act.
17 (22) Inability to practice with reasonable judgment,
18 skill, or safety as a result of habitual or excessive use
19 or addiction to alcohol, narcotics, stimulants, or any
20 other chemical agent or drug.
21 (23) A finding by the Department that the licensee,
22 after having his or her license placed on probationary
23 status, has violated the terms of probation.
24 (24) Willfully making or filing false records or
25 reports in his or her practice, including, but not limited
26 to, false records filed with State agencies or departments.

HB5597- 897 -LRB098 15874 AMC 50917 b
1 (25) Charging for professional services not rendered,
2 including filing false statements for the collection of
3 fees for which services are not rendered.
4 (26) Practicing under a false or, except as provided by
5 law, an assumed name.
6 (27) Cheating on or attempting to subvert the licensing
7 examination administered under this Act.
8 (b) The Department may suspend, revoke, or refuse to issue
9or renew an education provider's license, may reprimand, place
10on probation, or otherwise discipline an education provider
11licensee, and may suspend or revoke the course approval of any
12course offered by an education provider, for any of the
13following:
14 (1) Procuring or attempting to procure licensure by
15 knowingly making a false statement, submitting false
16 information, making any form of fraud or
17 misrepresentation, or refusing to provide complete
18 information in response to a question in an application for
19 licensure.
20 (2) Failing to comply with the covenants certified to
21 on the application for licensure as an education provider.
22 (3) Committing an act or omission involving
23 dishonesty, fraud, or misrepresentation or allowing any
24 such act or omission by any employee or contractor under
25 the control of the education provider.
26 (4) Engaging in misleading or untruthful advertising.

HB5597- 898 -LRB098 15874 AMC 50917 b
1 (5) Failing to retain competent instructors in
2 accordance with rules adopted under this Act.
3 (6) Failing to meet the topic or time requirements for
4 course approval as the provider of a pre-license curriculum
5 course or a continuing education course.
6 (7) Failing to administer an approved course using the
7 course materials, syllabus, and examinations submitted as
8 the basis of the course approval.
9 (8) Failing to provide an appropriate classroom
10 environment for presentation of courses, with
11 consideration for student comfort, acoustics, lighting,
12 seating, workspace, and visual aid material.
13 (9) Failing to maintain student records in compliance
14 with the rules adopted under this Act.
15 (10) Failing to provide a certificate, transcript, or
16 other student record to the Department or to a student as
17 may be required by rule.
18 (11) Failing to fully cooperate with a Department
19 investigation by knowingly making a false statement,
20 submitting false or misleading information, or refusing to
21 provide complete information in response to written
22 interrogatories or a written request for documentation
23 within 30 days of the request.
24 (c) In appropriate cases, the Department may resolve a
25complaint against a licensee through the issuance of a Consent
26to Administrative Supervision order. A licensee subject to a

HB5597- 899 -LRB098 15874 AMC 50917 b
1Consent to Administrative Supervision order shall be
2considered by the Department as an active licensee in good
3standing. This order shall not be reported as or considered by
4the Department to be a discipline of the licensee. The records
5regarding an investigation and a Consent to Administrative
6Supervision order shall be considered confidential and shall
7not be released by the Department except as mandated by law.
8The complainant shall be notified that his or her complaint has
9been resolved by a Consent to Administrative Supervision order.
10 (d) The Department may refuse to issue or may suspend
11without hearing, as provided for in the Code of Civil
12Procedure, the license of any person who fails to file a tax
13return, to pay the tax, penalty, or interest shown in a filed
14tax return, or to pay any final assessment of tax, penalty, or
15interest, as required by any tax Act administered by the
16Illinois Department of Revenue, until such time as the
17requirements of the tax Act are satisfied in accordance with
18subsection (g) of Section 2105-15 of the Civil Administrative
19Code of Illinois.
20 (e) The Department shall deny a license or renewal
21authorized by this Act to a person who has defaulted on an
22educational loan or scholarship provided or guaranteed by the
23Illinois Student Assistance Commission or any governmental
24agency of this State in accordance with item (5) of subsection
25(a) (g) of Section 2105-15 of the Civil Administrative Code of
26Illinois.

HB5597- 900 -LRB098 15874 AMC 50917 b
1 (f) In cases where the Department of Healthcare and Family
2Services has previously determined that a licensee or a
3potential licensee is more than 30 days delinquent in the
4payment of child support and has subsequently certified the
5delinquency to the Department, the Department may refuse to
6issue or renew or may revoke or suspend that person's license
7or may take other disciplinary action against that person based
8solely upon the certification of delinquency made by the
9Department of Healthcare and Family Services in accordance with
10item (5) of subsection (a) (g) of Section 2105-15 of the Civil
11Administrative Code of Illinois.
12 (g) The determination by a circuit court that a licensee is
13subject to involuntary admission or judicial admission, as
14provided in the Mental Health and Developmental Disabilities
15Code, operates as an automatic suspension. The suspension will
16end only upon a finding by a court that the patient is no
17longer subject to involuntary admission or judicial admission
18and the issuance of a court order so finding and discharging
19the patient.
20 (h) In enforcing this Act, the Department, upon a showing
21of a possible violation, may compel an individual licensed to
22practice under this Act, or who has applied for licensure under
23this Act, to submit to a mental or physical examination, or
24both, as required by and at the expense of the Department. The
25Department may order the examining physician to present
26testimony concerning the mental or physical examination of the

HB5597- 901 -LRB098 15874 AMC 50917 b
1licensee or applicant. No information shall be excluded by
2reason of any common law or statutory privilege relating to
3communications between the licensee or applicant and the
4examining physician. The examining physician shall be
5specifically designated by the Department. The individual to be
6examined may have, at his or her own expense, another physician
7of his or her choice present during all aspects of this
8examination. The examination shall be performed by a physician
9licensed to practice medicine in all its branches. Failure of
10an individual to submit to a mental or physical examination,
11when directed, shall result in an automatic suspension without
12hearing.
13 A person holding a license under this Act or who has
14applied for a license under this Act, who, because of a
15physical or mental illness or disability, including, but not
16limited to, deterioration through the aging process or loss of
17motor skill, is unable to practice the profession with
18reasonable judgment, skill, or safety, may be required by the
19Department to submit to care, counseling, or treatment by
20physicians approved or designated by the Department as a
21condition, term, or restriction for continued, reinstated, or
22renewed licensure to practice. Submission to care, counseling,
23or treatment as required by the Department shall not be
24considered discipline of a license. If the licensee refuses to
25enter into a care, counseling, or treatment agreement or fails
26to abide by the terms of the agreement, the Department may file

HB5597- 902 -LRB098 15874 AMC 50917 b
1a complaint to revoke, suspend, or otherwise discipline the
2license of the individual. The Secretary may order the license
3suspended immediately, pending a hearing by the Department.
4Fines shall not be assessed in disciplinary actions involving
5physical or mental illness or impairment.
6 In instances in which the Secretary immediately suspends a
7person's license under this Section, a hearing on that person's
8license must be convened by the Department within 15 days after
9the suspension and completed without appreciable delay. The
10Department shall have the authority to review the subject
11individual's record of treatment and counseling regarding the
12impairment to the extent permitted by applicable federal
13statutes and regulations safeguarding the confidentiality of
14medical records.
15 An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department that he or she can resume practice in compliance
18with acceptable and prevailing standards under the provisions
19of his or her license.
20(Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12;
21revised 11-14-13.)
22 Section 500. The Private Detective, Private Alarm, Private
23Security, Fingerprint Vendor, and Locksmith Act of 2004 is
24amended by changing Section 25-20 as follows:

HB5597- 903 -LRB098 15874 AMC 50917 b
1 (225 ILCS 447/25-20)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 25-20. Training; private security contractor and
4employees.
5 (a) Registered employees of the private security
6contractor agency who provide traditional guarding or other
7private security related functions or who respond to alarm
8systems shall complete, within 30 days of their employment, a
9minimum of 20 hours of classroom basic training provided by a
10qualified instructor, which shall include the following
11subjects:
12 (1) The law regarding arrest and search and seizure as
13 it applies to private security.
14 (2) Civil and criminal liability for acts related to
15 private security.
16 (3) The use of force, including but not limited to the
17 use of nonlethal force (i.e., disabling spray, baton,
18 stungun or similar weapon).
19 (4) Arrest and control techniques.
20 (5) The offenses under the Criminal Code of 2012 that
21 are directly related to the protection of persons and
22 property.
23 (6) The law on private security forces and on reporting
24 to law enforcement agencies.
25 (7) Fire prevention, fire equipment, and fire safety.
26 (8) The procedures for report writing.

HB5597- 904 -LRB098 15874 AMC 50917 b
1 (9) Civil rights and public relations.
2 (10) The identification of terrorists, acts of
3 terrorism, and terrorist organizations, as defined by
4 federal and State statutes.
5 (b) All other employees of a private security contractor
6agency shall complete a minimum of 20 hours of training
7provided by the qualified instructor within 30 days of their
8employment. The substance of the training shall be related to
9the work performed by the registered employee.
10 (c) Registered employees of the private security
11contractor agency who provide guarding or other private
12security related functions, in addition to the classroom
13training required under subsection (a), within 6 months of
14their employment, shall complete an additional 8 hours of
15training on subjects to be determined by the employer, which
16training may be site-specific and may be conducted on the job.
17 (d) In addition to the basic training provided for in
18subsections (a) and (c), registered employees of the private
19security contractor agency who provide guarding or other
20private security related functions shall complete an
21additional 8 hours of refresher training on subjects to be
22determined by the employer each calendar year commencing with
23the calendar year following the employee's first employment
24anniversary date, which refresher training may be
25site-specific and may be conducted on the job.
26 (e) It is the responsibility of the employer to certify, on

HB5597- 905 -LRB098 15874 AMC 50917 b
1a form provided by the Department, that the employee has
2successfully completed the basic and refresher training. The
3form shall be a permanent record of training completed by the
4employee and shall be placed in the employee's file with the
5employer for the period the employee remains with the employer.
6An agency may place a notarized copy of the Department form in
7lieu of the original into the permanent employee registration
8card file. The original form shall be given to the employee
9when his or her employment is terminated. Failure to return the
10original form to the employee is grounds for disciplinary
11action. The employee shall not be required to repeat the
12required training once the employee has been issued the form.
13An employer may provide or require additional training.
14 (f) Any certification of completion of the 20-hour basic
15training issued under the Private Detective, Private Alarm,
16Private Security and Locksmith Act of 1993 or any prior Act
17shall be accepted as proof of training under this Act.
18(Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13;
19revised 9-24-13.)
20 Section 505. The Illinois Public Accounting Act is amended
21by changing Sections 2.1 and 28 as follows:
22 (225 ILCS 450/2.1) (from Ch. 111, par. 5503)
23 (Section scheduled to be repealed on January 1, 2024)
24 Sec. 2.1. Illinois Administrative Procedure Act. The

HB5597- 906 -LRB098 15874 AMC 50917 b
1Illinois Administrative Procedure Act is hereby expressly
2adopted and incorporated herein as if all of the provisions of
3that Act were included in this Act, except that the provision
4of subsection (d) of Section 10-65 of the Illinois
5Administrative Procedure Act that provides that at hearings the
6licensee has the right to show compliance with all lawful
7requirements for retention, continuation or renewal of the
8license is specifically excluded. For the purposes of this Act
9the notice required under Section 10-25 of the Illinois
10Administrative Procedure Act is deemed sufficient when mailed
11to the licensee's address of record.
12(Source: P.A. 98-254, eff. 8-9-13; revised 11-14-13.)
13 (225 ILCS 450/28) (from Ch. 111, par. 5534)
14 (Section scheduled to be repealed on January 1, 2024)
15 Sec. 28. Criminal penalties. Each of the following acts
16perpetrated in the State of Illinois is a Class A misdemeanor: .
17 (a) the practice of accountancy activities as defined
18 in paragraph (1) of subsection (a) of Section 8.05 without
19 an active CPA license in violation of the provisions of
20 this Act;
21 (b) the obtaining or attempting to obtain licensure as
22 a licensed CPA or registration as a registered CPA by
23 fraud;
24 (c) the use of the title "Certified Public Accountant",
25 "public accountant", or the abbreviation "C.P.A.", "RCPA",

HB5597- 907 -LRB098 15874 AMC 50917 b
1 "LCPA", "PA" or use of any similar words or letters
2 indicating the user is a certified public accountant, or
3 the title "Registered Certified Public Accountant";
4 (c-5) (blank);
5 (d) the use of the title "Certified Public Accountant",
6 "public accountant", or the abbreviation "C.P.A.", "RCPA",
7 "LCPA", "PA" or any similar words or letters indicating
8 that the members are certified public accountants, by any
9 partnership, limited liability company, corporation, or
10 other entity in violation of this Act;
11 (e) the unauthorized practice in the performance of
12 accountancy activities as defined in Section 8.05 and in
13 violation of this Act;
14 (f) (blank);
15 (g) making false statements to the Department
16 regarding compliance with continuing professional
17 education or peer review requirements;
18 (h) (Blank).
19(Source: P.A. 98-254, eff. 8-9-13; revised 11-12-13.)
20 Section 510. The Real Estate License Act of 2000 is amended
21by changing Sections 5-32 and 20-20 as follows:
22 (225 ILCS 454/5-32)
23 (Section scheduled to be repealed on January 1, 2020)
24 Sec. 5-32. Real estate auction certification.

HB5597- 908 -LRB098 15874 AMC 50917 b
1 (a) An auctioneer licensed under the Auction License Act
2who does not possess a valid and active broker's or managing
3broker's license under this Act, or who is not otherwise exempt
4from licensure, may not engage in the practice of auctioning
5real estate, except as provided in this Section.
6 (b) The Department shall issue a real estate auction
7certification to applicants who:
8 (1) possess a valid auctioneer's license under the
9 Auction License Act;
10 (2) successfully complete a real estate auction course
11 of at least 30 hours approved by the Department, which
12 shall cover the scope of activities that may be engaged in
13 by a person holding a real estate auction certification and
14 the activities for which a person must hold a real estate
15 license, as well as other material as provided by the
16 Department;
17 (3) provide documentation of the completion of the real
18 estate auction course; and
19 (4) successfully complete any other reasonable
20 requirements as provided by rule.
21 (c) The auctioneer's role shall be limited to establishing
22the time, place, and method of the real estate auction, placing
23advertisements regarding the auction, and crying or calling the
24auction; any other real estate brokerage activities must be
25performed by a person holding a valid and active real estate
26broker's or managing broker's license under the provisions of

HB5597- 909 -LRB098 15874 AMC 50917 b
1this Act or by a person who is exempt from holding a license
2under paragraph (13) of Section 5-20 who has a certificate
3under this Section.
4 (d) An auctioneer who conducts any real estate auction
5activities in violation of this Section is guilty of unlicensed
6practice under Section 20-10 of this Act.
7 (e) The Department may revoke, suspend, or otherwise
8discipline the real estate auction certification of an
9auctioneer who is adjudicated to be in violation of the
10provisions of this Section or Section 20-15 of the Auction
11License Act.
12 (f) Advertising for the real estate auction must contain
13the name and address of the licensed real estate broker,
14managing broker, or a licensed auctioneer under paragraph (13)
15of Section 5-20 of this Act who is providing brokerage services
16for the transaction.
17 (g) The requirement to hold a real estate auction
18certification shall not apply to a person exempt from this Act
19under the provisions of paragraph (13) of Section subsection
205-20 of this Act, unless that person is performing licensed
21activities in a transaction in which a licensed auctioneer with
22a real estate certification is providing the limited services
23provided for in subsection (c) of this Section.
24 (h) Nothing in this Section shall require a person licensed
25under this Act as a real estate broker or managing broker to
26obtain a real estate auction certification in order to auction

HB5597- 910 -LRB098 15874 AMC 50917 b
1real estate.
2 (i) The Department may adopt rules to implement this
3Section.
4(Source: P.A. 98-553, eff. 1-1-14; revised 11-15-13.)
5 (225 ILCS 454/20-20)
6 (Section scheduled to be repealed on January 1, 2020)
7 Sec. 20-20. Grounds for discipline.
8 (a) The Department may refuse to issue or renew a license,
9may place on probation, suspend, or revoke any license,
10reprimand, or take any other disciplinary or non-disciplinary
11action as the Department may deem proper and impose a fine not
12to exceed $25,000 upon any licensee or applicant under this Act
13or any person who holds himself or herself out as an applicant
14or licensee or against a licensee in handling his or her own
15property, whether held by deed, option, or otherwise, for any
16one or any combination of the following causes:
17 (1) Fraud or misrepresentation in applying for, or
18 procuring, a license under this Act or in connection with
19 applying for renewal of a license under this Act.
20 (2) The conviction of or plea of guilty or plea of nolo
21 contendere to a felony or misdemeanor in this State or any
22 other jurisdiction; or the entry of an administrative
23 sanction by a government agency in this State or any other
24 jurisdiction. Action taken under this paragraph (2) for a
25 misdemeanor or an administrative sanction is limited to a

HB5597- 911 -LRB098 15874 AMC 50917 b
1 misdemeanor or administrative sanction that has as an
2 essential element dishonesty or fraud or involves larceny,
3 embezzlement, or obtaining money, property, or credit by
4 false pretenses or by means of a confidence game.
5 (3) Inability to practice the profession with
6 reasonable judgment, skill, or safety as a result of a
7 physical illness, including, but not limited to,
8 deterioration through the aging process or loss of motor
9 skill, or a mental illness or disability.
10 (4) Practice under this Act as a licensee in a retail
11 sales establishment from an office, desk, or space that is
12 not separated from the main retail business by a separate
13 and distinct area within the establishment.
14 (5) Having been disciplined by another state, the
15 District of Columbia, a territory, a foreign nation, or a
16 governmental agency authorized to impose discipline if at
17 least one of the grounds for that discipline is the same as
18 or the equivalent of one of the grounds for which a
19 licensee may be disciplined under this Act. A certified
20 copy of the record of the action by the other state or
21 jurisdiction shall be prima facie evidence thereof.
22 (6) Engaging in the practice of real estate brokerage
23 without a license or after the licensee's license was
24 expired or while the license was inoperative.
25 (7) Cheating on or attempting to subvert the Real
26 Estate License Exam or continuing education exam.

HB5597- 912 -LRB098 15874 AMC 50917 b
1 (8) Aiding or abetting an applicant to subvert or cheat
2 on the Real Estate License Exam or continuing education
3 exam administered pursuant to this Act.
4 (9) Advertising that is inaccurate, misleading, or
5 contrary to the provisions of the Act.
6 (10) Making any substantial misrepresentation or
7 untruthful advertising.
8 (11) Making any false promises of a character likely to
9 influence, persuade, or induce.
10 (12) Pursuing a continued and flagrant course of
11 misrepresentation or the making of false promises through
12 licensees, employees, agents, advertising, or otherwise.
13 (13) Any misleading or untruthful advertising, or
14 using any trade name or insignia of membership in any real
15 estate organization of which the licensee is not a member.
16 (14) Acting for more than one party in a transaction
17 without providing written notice to all parties for whom
18 the licensee acts.
19 (15) Representing or attempting to represent a broker
20 other than the sponsoring broker.
21 (16) Failure to account for or to remit any moneys or
22 documents coming into his or her possession that belong to
23 others.
24 (17) Failure to maintain and deposit in a special
25 account, separate and apart from personal and other
26 business accounts, all escrow moneys belonging to others

HB5597- 913 -LRB098 15874 AMC 50917 b
1 entrusted to a licensee while acting as a real estate
2 broker, escrow agent, or temporary custodian of the funds
3 of others or failure to maintain all escrow moneys on
4 deposit in the account until the transactions are
5 consummated or terminated, except to the extent that the
6 moneys, or any part thereof, shall be:
7 (A) disbursed prior to the consummation or
8 termination (i) in accordance with the written
9 direction of the principals to the transaction or their
10 duly authorized agents, (ii) in accordance with
11 directions providing for the release, payment, or
12 distribution of escrow moneys contained in any written
13 contract signed by the principals to the transaction or
14 their duly authorized agents, or (iii) pursuant to an
15 order of a court of competent jurisdiction; or
16 (B) deemed abandoned and transferred to the Office
17 of the State Treasurer to be handled as unclaimed
18 property pursuant to the Uniform Disposition of
19 Unclaimed Property Act. Escrow moneys may be deemed
20 abandoned under this subparagraph (B) only: (i) in the
21 absence of disbursement under subparagraph (A); (ii)
22 in the absence of notice of the filing of any claim in
23 a court of competent jurisdiction; and (iii) if 6
24 months have elapsed after the receipt of a written
25 demand for the escrow moneys from one of the principals
26 to the transaction or the principal's duly authorized

HB5597- 914 -LRB098 15874 AMC 50917 b
1 agent.
2 The account shall be noninterest bearing, unless the
3 character of the deposit is such that payment of interest
4 thereon is otherwise required by law or unless the
5 principals to the transaction specifically require, in
6 writing, that the deposit be placed in an interest bearing
7 account.
8 (18) Failure to make available to the Department all
9 escrow records and related documents maintained in
10 connection with the practice of real estate within 24 hours
11 of a request for those documents by Department personnel.
12 (19) Failing to furnish copies upon request of
13 documents relating to a real estate transaction to a party
14 who has executed that document.
15 (20) Failure of a sponsoring broker to timely provide
16 information, sponsor cards, or termination of licenses to
17 the Department.
18 (21) Engaging in dishonorable, unethical, or
19 unprofessional conduct of a character likely to deceive,
20 defraud, or harm the public.
21 (22) Commingling the money or property of others with
22 his or her own money or property.
23 (23) Employing any person on a purely temporary or
24 single deal basis as a means of evading the law regarding
25 payment of commission to nonlicensees on some contemplated
26 transactions.

HB5597- 915 -LRB098 15874 AMC 50917 b
1 (24) Permitting the use of his or her license as a
2 broker to enable a salesperson or unlicensed person to
3 operate a real estate business without actual
4 participation therein and control thereof by the broker.
5 (25) Any other conduct, whether of the same or a
6 different character from that specified in this Section,
7 that constitutes dishonest dealing.
8 (26) Displaying a "for rent" or "for sale" sign on any
9 property without the written consent of an owner or his or
10 her duly authorized agent or advertising by any means that
11 any property is for sale or for rent without the written
12 consent of the owner or his or her authorized agent.
13 (27) Failing to provide information requested by the
14 Department, or otherwise respond to that request, within 30
15 days of the request.
16 (28) Advertising by means of a blind advertisement,
17 except as otherwise permitted in Section 10-30 of this Act.
18 (29) Offering guaranteed sales plans, as defined in
19 clause (A) of this subdivision (29), except to the extent
20 hereinafter set forth:
21 (A) A "guaranteed sales plan" is any real estate
22 purchase or sales plan whereby a licensee enters into a
23 conditional or unconditional written contract with a
24 seller, prior to entering into a brokerage agreement
25 with the seller, by the terms of which a licensee
26 agrees to purchase a property of the seller within a

HB5597- 916 -LRB098 15874 AMC 50917 b
1 specified period of time at a specific price in the
2 event the property is not sold in accordance with the
3 terms of a brokerage agreement to be entered into
4 between the sponsoring broker and the seller.
5 (B) A licensee offering a guaranteed sales plan
6 shall provide the details and conditions of the plan in
7 writing to the party to whom the plan is offered.
8 (C) A licensee offering a guaranteed sales plan
9 shall provide to the party to whom the plan is offered
10 evidence of sufficient financial resources to satisfy
11 the commitment to purchase undertaken by the broker in
12 the plan.
13 (D) Any licensee offering a guaranteed sales plan
14 shall undertake to market the property of the seller
15 subject to the plan in the same manner in which the
16 broker would market any other property, unless the
17 agreement with the seller provides otherwise.
18 (E) The licensee cannot purchase seller's property
19 until the brokerage agreement has ended according to
20 its terms or is otherwise terminated.
21 (F) Any licensee who fails to perform on a
22 guaranteed sales plan in strict accordance with its
23 terms shall be subject to all the penalties provided in
24 this Act for violations thereof and, in addition, shall
25 be subject to a civil fine payable to the party injured
26 by the default in an amount of up to $25,000.

HB5597- 917 -LRB098 15874 AMC 50917 b
1 (30) Influencing or attempting to influence, by any
2 words or acts, a prospective seller, purchaser, occupant,
3 landlord, or tenant of real estate, in connection with
4 viewing, buying, or leasing real estate, so as to promote
5 or tend to promote the continuance or maintenance of
6 racially and religiously segregated housing or so as to
7 retard, obstruct, or discourage racially integrated
8 housing on or in any street, block, neighborhood, or
9 community.
10 (31) Engaging in any act that constitutes a violation
11 of any provision of Article 3 of the Illinois Human Rights
12 Act, whether or not a complaint has been filed with or
13 adjudicated by the Human Rights Commission.
14 (32) Inducing any party to a contract of sale or lease
15 or brokerage agreement to break the contract of sale or
16 lease or brokerage agreement for the purpose of
17 substituting, in lieu thereof, a new contract for sale or
18 lease or brokerage agreement with a third party.
19 (33) Negotiating a sale, exchange, or lease of real
20 estate directly with any person if the licensee knows that
21 the person has an exclusive brokerage agreement with
22 another broker, unless specifically authorized by that
23 broker.
24 (34) When a licensee is also an attorney, acting as the
25 attorney for either the buyer or the seller in the same
26 transaction in which the licensee is acting or has acted as

HB5597- 918 -LRB098 15874 AMC 50917 b
1 a broker or salesperson.
2 (35) Advertising or offering merchandise or services
3 as free if any conditions or obligations necessary for
4 receiving the merchandise or services are not disclosed in
5 the same advertisement or offer. These conditions or
6 obligations include without limitation the requirement
7 that the recipient attend a promotional activity or visit a
8 real estate site. As used in this subdivision (35), "free"
9 includes terms such as "award", "prize", "no charge", "free
10 of charge", "without charge", and similar words or phrases
11 that reasonably lead a person to believe that he or she may
12 receive or has been selected to receive something of value,
13 without any conditions or obligations on the part of the
14 recipient.
15 (36) Disregarding or violating any provision of the
16 Land Sales Registration Act of 1989, the Illinois Real
17 Estate Time-Share Act, or the published rules promulgated
18 by the Department to enforce those Acts.
19 (37) Violating the terms of a disciplinary order issued
20 by the Department.
21 (38) Paying or failing to disclose compensation in
22 violation of Article 10 of this Act.
23 (39) Requiring a party to a transaction who is not a
24 client of the licensee to allow the licensee to retain a
25 portion of the escrow moneys for payment of the licensee's
26 commission or expenses as a condition for release of the

HB5597- 919 -LRB098 15874 AMC 50917 b
1 escrow moneys to that party.
2 (40) Disregarding or violating any provision of this
3 Act or the published rules promulgated by the Department to
4 enforce this Act or aiding or abetting any individual,
5 partnership, registered limited liability partnership,
6 limited liability company, or corporation in disregarding
7 any provision of this Act or the published rules
8 promulgated by the Department to enforce this Act.
9 (41) Failing to provide the minimum services required
10 by Section 15-75 of this Act when acting under an exclusive
11 brokerage agreement.
12 (42) Habitual or excessive use or addiction to alcohol,
13 narcotics, stimulants, or any other chemical agent or drug
14 that results in a managing broker, broker, salesperson, or
15 leasing agent's inability to practice with reasonable
16 skill or safety.
17 (43) Enabling, aiding, or abetting an auctioneer, as
18 defined in the Auction License Act, to conduct a real
19 estate auction in a manner that is in violation of this
20 Act.
21 (b) The Department may refuse to issue or renew or may
22suspend the license of any person who fails to file a return,
23pay the tax, penalty or interest shown in a filed return, or
24pay any final assessment of tax, penalty, or interest, as
25required by any tax Act administered by the Department of
26Revenue, until such time as the requirements of that tax Act

HB5597- 920 -LRB098 15874 AMC 50917 b
1are satisfied in accordance with subsection (g) of Section
22105-15 of the Civil Administrative Code of Illinois.
3 (c) The Department shall deny a license or renewal
4authorized by this Act to a person who has defaulted on an
5educational loan or scholarship provided or guaranteed by the
6Illinois Student Assistance Commission or any governmental
7agency of this State in accordance with item (5) of subsection
8(a) (g) of Section 2105-15 of the Civil Administrative Code of
9Illinois.
10 (d) In cases where the Department of Healthcare and Family
11Services (formerly Department of Public Aid) has previously
12determined that a licensee or a potential licensee is more than
1330 days delinquent in the payment of child support and has
14subsequently certified the delinquency to the Department may
15refuse to issue or renew or may revoke or suspend that person's
16license or may take other disciplinary action against that
17person based solely upon the certification of delinquency made
18by the Department of Healthcare and Family Services in
19accordance with item (5) of subsection (a) (g) of Section
202105-15 of the Civil Administrative Code of Illinois.
21 (e) In enforcing this Section, the Department or Board upon
22a showing of a possible violation may compel an individual
23licensed to practice under this Act, or who has applied for
24licensure under this Act, to submit to a mental or physical
25examination, or both, as required by and at the expense of the
26Department. The Department or Board may order the examining

HB5597- 921 -LRB098 15874 AMC 50917 b
1physician to present testimony concerning the mental or
2physical examination of the licensee or applicant. No
3information shall be excluded by reason of any common law or
4statutory privilege relating to communications between the
5licensee or applicant and the examining physician. The
6examining physicians shall be specifically designated by the
7Board or Department. The individual to be examined may have, at
8his or her own expense, another physician of his or her choice
9present during all aspects of this examination. Failure of an
10individual to submit to a mental or physical examination, when
11directed, shall be grounds for suspension of his or her license
12until the individual submits to the examination if the
13Department finds, after notice and hearing, that the refusal to
14submit to the examination was without reasonable cause.
15 If the Department or Board finds an individual unable to
16practice because of the reasons set forth in this Section, the
17Department or Board may require that individual to submit to
18care, counseling, or treatment by physicians approved or
19designated by the Department or Board, as a condition, term, or
20restriction for continued, reinstated, or renewed licensure to
21practice; or, in lieu of care, counseling, or treatment, the
22Department may file, or the Board may recommend to the
23Department to file, a complaint to immediately suspend, revoke,
24or otherwise discipline the license of the individual. An
25individual whose license was granted, continued, reinstated,
26renewed, disciplined or supervised subject to such terms,

HB5597- 922 -LRB098 15874 AMC 50917 b
1conditions, or restrictions, and who fails to comply with such
2terms, conditions, or restrictions, shall be referred to the
3Secretary for a determination as to whether the individual
4shall have his or her license suspended immediately, pending a
5hearing by the Department.
6 In instances in which the Secretary immediately suspends a
7person's license under this Section, a hearing on that person's
8license must be convened by the Department within 30 days after
9the suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11subject individual's record of treatment and counseling
12regarding the impairment to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15 An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department or Board that he or she can resume practice in
18compliance with acceptable and prevailing standards under the
19provisions of his or her license.
20(Source: P.A. 97-813, eff. 7-13-12; 97-1002, eff. 8-17-12;
2198-553, eff. 1-1-14; revised 11-14-13.)
22 Section 515. The Hydraulic Fracturing Regulatory Act is
23amended by changing Sections 1-15, 1-35, 1-60, 1-70, 1-75, and
241-95 as follows:

HB5597- 923 -LRB098 15874 AMC 50917 b
1 (225 ILCS 732/1-15)
2 Sec. 1-15. Powers and duties.
3 (a) Except as otherwise provided, the Department shall
4enforce this Act and all rules and orders adopted in accordance
5with this Act.
6 (b) Except as otherwise provided, the Department shall have
7jurisdiction and authority over all persons and property
8necessary to enforce the provisions of this Act effectively. In
9aid of this jurisdiction, the Director, or anyone designated in
10writing by the Director, shall have the authority to administer
11oaths and to issue subpoenas for the production of records or
12other documents and for the attendance of witnesses at any
13proceedings of the Department.
14 (c) The Department may authorize any employee of the
15Department, qualified by training and experience, to perform
16the powers and duties set forth in this Act.
17 (d) For the purpose of determining compliance with the
18provisions of this Act and any orders or rules entered or
19adopted under this Act, the Department shall have the right at
20all times to go upon and inspect properties where high volume
21horizontal hydraulic fracturing operations are being or have
22been conducted.
23 (e) The Department shall make any inquiries as it may deem
24proper to determine whether a violation of this Act or any
25orders or rules entered or adopted under this Act exists or is
26imminent. In the exercise of these powers, the Department shall

HB5597- 924 -LRB098 15874 AMC 50917 b
1have the authority to collect data; to require testing and
2sampling; to make investigation and inspections; to examine
3properties, including records and logs; to examine, check, and
4test hydrocarbon wells; to hold hearings; to adopt
5administrative rules; and to take any action as may be
6reasonably necessary to enforce this Act.
7 (f) Except as otherwise provided, the Department may
8specify the manner in which all information required to be
9submitted under this Act is submitted.
10(Source: P.A. 98-22, eff. 6-17-13; revised 11-18-13.)
11 (225 ILCS 732/1-35)
12 Sec. 1-35. High volume horizontal hydraulic fracturing
13permit application.
14 (a) Every applicant for a permit under this Act shall first
15register with the Department at least 30 days before applying
16for a permit. The Department shall make available a
17registration form within 90 days after the effective date of
18this Act. The registration form shall require the following
19information:
20 (1) the name and address of the registrant and any
21 parent, subsidiary, or affiliate thereof;
22 (2) disclosure of all findings of a serious violation
23 or an equivalent violation under federal or state laws or
24 regulations in the development or operation of an oil or
25 gas exploration or production site via hydraulic

HB5597- 925 -LRB098 15874 AMC 50917 b
1 fracturing by the applicant or any parent, subsidiary, or
2 affiliate thereof within the previous 5 years; and
3 (3) proof of insurance to cover injuries, damages, or
4 loss related to pollution or diminution in the amount of at
5 least $5,000,000, from an insurance carrier authorized,
6 licensed, or permitted to do this insurance business in
7 this State that holds at least an A- rating by A.M. Best &
8 Co. or any comparable rating service.
9 A registrant must notify the Department of any change in
10the information identified in paragraphs (1), (2), or (3) of
11this subsection (a) at least annually or upon request of the
12Department.
13 (b) Every applicant for a permit under this Act must submit
14the following information to the Department on an application
15form provided by the Department:
16 (1) the name and address of the applicant and any
17 parent, subsidiary, or affiliate thereof;
18 (2) the proposed well name and address and legal
19 description of the well site and its unit area;
20 (3) a statement whether the proposed location of the
21 well site is in compliance with the requirements of Section
22 1-25 of this Act and a plat, which shows the proposed
23 surface location of the well site, providing the distance
24 in feet, from the surface location of the well site to the
25 features described in subsection (a) of Section 1-25 of
26 this Act;

HB5597- 926 -LRB098 15874 AMC 50917 b
1 (4) a detailed description of the proposed well to be
2 used for the high volume horizontal hydraulic fracturing
3 operations including, but not limited to, the following
4 information:
5 (A) the approximate total depth to which the well
6 is to be drilled or deepened;
7 (B) the proposed angle and direction of the well;
8 (C) the actual depth or the approximate depth at
9 which the well to be drilled deviates from vertical;
10 (D) the angle and direction of any nonvertical
11 portion of the wellbore until the well reaches its
12 total target depth or its actual final depth; and
13 (E) the estimated length and direction of the
14 proposed horizontal lateral or wellbore;
15 (5) the estimated depth and elevation, according to the
16 most recent publication of the Illinois State Geological
17 Survey of Groundwater for the location of the well, of the
18 lowest potential fresh water along the entire length of the
19 proposed wellbore;
20 (6) a detailed description of the proposed high volume
21 horizontal hydraulic fracturing operations, including, but
22 not limited to, the following:
23 (A) the formation affected by the high volume
24 horizontal hydraulic fracturing operations, including,
25 but not limited to, geologic name and geologic
26 description of the formation that will be stimulated by

HB5597- 927 -LRB098 15874 AMC 50917 b
1 the operation;
2 (B) the anticipated surface treating pressure
3 range;
4 (C) the maximum anticipated injection treating
5 pressure;
6 (D) the estimated or calculated fracture pressure
7 of the producing and confining zones; and
8 (E) the planned depth of all proposed perforations
9 or depth to the top of the open hole section;
10 (7) a plat showing all known previous wellbores well
11 bores within 750 feet of any part of the horizontal
12 wellbore well bore that penetrated within 400 vertical feet
13 of the formation that will be stimulated as part of the
14 high volume horizontal hydraulic fracturing operations;
15 (8) unless the applicant documents why the information
16 is not available at the time the application is submitted,
17 a chemical disclosure report identifying each chemical and
18 proppant anticipated to be used in hydraulic fracturing
19 fluid for each stage of the hydraulic fracturing operations
20 including the following:
21 (A) the total volume of water anticipated to be
22 used in the hydraulic fracturing treatment of the well
23 or the type and total volume of the base fluid
24 anticipated to be used in the hydraulic fracturing
25 treatment, if something other than water;
26 (B) each hydraulic fracturing additive anticipated

HB5597- 928 -LRB098 15874 AMC 50917 b
1 to be used in the hydraulic fracturing fluid, including
2 the trade name, vendor, a brief descriptor of the
3 intended use or function of each hydraulic fracturing
4 additive, and the Material Safety Data Sheet (MSDS), if
5 applicable;
6 (C) each chemical anticipated to be intentionally
7 added to the base fluid, including for each chemical,
8 the Chemical Abstracts Service number, if applicable;
9 and
10 (D) the anticipated concentration in the base
11 fluid, in percent by mass, of each chemical to be
12 intentionally added to the base fluid;
13 (9) a certification of compliance with the Water Use
14 Act of 1983 and applicable regional water supply plans;
15 (10) a fresh water withdrawal and management plan that
16 shall include the following information:
17 (A) the source of the water, such as surface or
18 groundwater, anticipated to be used for water
19 withdrawals, and the anticipated withdrawal location;
20 (B) the anticipated volume and rate of each water
21 withdrawal from each withdrawal location;
22 (C) the anticipated months when water withdrawals
23 shall be made from each withdrawal location;
24 (D) the methods to be used to minimize water
25 withdrawals as much as feasible; and
26 (E) the methods to be used for surface water

HB5597- 929 -LRB098 15874 AMC 50917 b
1 withdrawals to minimize adverse impact to aquatic
2 life.
3 Where a surface water source is wholly contained within
4 a single property, and the owner of the property expressly
5 agrees in writing to its use for water withdrawals, the
6 applicant is not required to include this surface water
7 source in the fresh water withdrawal and management plan; .
8 (11) a plan for the handling, storage, transportation,
9 and disposal or reuse of hydraulic fracturing fluids and
10 hydraulic fracturing flowback. The plan shall identify the
11 specific Class II injection well or wells that will be used
12 to dispose of the hydraulic fracturing flowback. The plan
13 shall describe the capacity of the tanks to be used for the
14 capture and storage of flowback and of the lined reserve
15 pit to be used, if necessary, to temporarily store any
16 flowback in excess of the capacity of the tanks.
17 Identification of the Class II injection well or wells
18 shall be by name, identification number, and specific
19 location and shall include the date of the most recent
20 mechanical integrity test for each Class II injection well;
21 (12) a well site safety plan to address proper safety
22 measures to be employed during high volume horizontal
23 hydraulic fracturing operations for the protection of
24 persons on the site as well as the general public. Within
25 15 calendar days after submitting the permit application to
26 the Department, the applicant must provide a copy of the

HB5597- 930 -LRB098 15874 AMC 50917 b
1 plan to the county or counties in which hydraulic
2 fracturing operations will occur. Within 5 calendar days of
3 its receipt, the Department shall provide a copy of the
4 well site safety plan to the Office of the State Fire
5 Marshal;
6 (13) a containment plan describing the containment
7 practices and equipment to be used and the area of the well
8 site where containment systems will be employed, and within
9 5 calendar days of its receipt, the Department shall
10 provide a copy of the containment plan to the Office of the
11 State Fire Marshal;
12 (14) a casing and cementing plan that describes the
13 casing and cementing practices to be employed, including
14 the size of each string of pipe, the starting point, and
15 depth to which each string is to be set and the extent to
16 which each string is to be cemented;
17 (15) a traffic management plan that identifies the
18 anticipated roads, streets, and highways that will be used
19 for access to and egress from the well site. The traffic
20 management plan will include a point of contact to discuss
21 issues related to traffic management. Within 15 calendar
22 days after submitting the permit application to the
23 Department, the applicant must provide a copy of the
24 traffic management plan to the county or counties in which
25 the well site is located, and within 5 calendar days of its
26 receipt, the Department shall provide a copy of the traffic

HB5597- 931 -LRB098 15874 AMC 50917 b
1 management plan to the Office of the State Fire Marshal;
2 (16) the names and addresses of all owners of any real
3 property within 1,500 feet of the proposed well site, as
4 disclosed by the records in the office of the recorder of
5 the county or counties;
6 (17) drafts of the specific public notice and general
7 public notice as required by Section 1-40 of this Act;
8 (18) a statement that the well site at which the high
9 volume horizontal hydraulic fracturing operation will be
10 conducted will be restored in compliance with Section
11 240.1181 of Title 62 of the Illinois Administrative Code
12 and Section 1-95 of this Act;
13 (19) proof of insurance to cover injuries, damages, or
14 loss related to pollution in the amount of at least
15 $5,000,000; and
16 (20) any other relevant information which the
17 Department may, by rule, require.
18 (c) Where an application is made to conduct high volume
19horizontal fracturing operations at a well site located within
20the limits of any city, village, or incorporated town, the
21application shall state the name of the city, village, or
22incorporated town and be accompanied with a certified copy of
23the official consent for the hydraulic fracturing operations to
24occur from the municipal authorities where the well site is
25proposed to be located. No permit shall be issued unless
26consent is secured and filed with the permit application. In

HB5597- 932 -LRB098 15874 AMC 50917 b
1the event that an amended location is selected, the original
2permit shall not be valid unless a new certified consent is
3filed for the amended location.
4 (d) The hydraulic fracturing permit application shall be
5accompanied by a bond as required by subsection (a) of Section
61-65 of this Act.
7 (e) Each application for a permit under this Act shall
8include payment of a non-refundable fee of $13,500. Of this
9fee, $11,000 shall be deposited into the Mines and Minerals
10Regulatory Fund for the Department to use to administer and
11enforce this Act and otherwise support the operations and
12programs of the Office of Mines and Minerals. The remaining
13$2,500 shall be deposited into the Illinois Clean Water Fund
14for the Agency to use to carry out its functions under this
15Act. The Department shall not initiate its review of the permit
16application until the applicable fee under this subsection (e)
17has been submitted to and received by the Department.
18 (f) Each application submitted under this Act shall be
19signed, under the penalty of perjury, by the applicant or the
20applicant's designee who has been vested with the authority to
21act on behalf of the applicant and has direct knowledge of the
22information contained in the application and its attachments.
23Any person signing an application shall also sign an affidavit
24with the following certification:
25 "I certify, under penalty of perjury as provided by law
26 and under penalty of refusal, suspension, or revocation of

HB5597- 933 -LRB098 15874 AMC 50917 b
1 a high volume horizontal hydraulic fracturing permit, that
2 this application and all attachments are true, accurate,
3 and complete to the best of my knowledge.".
4 (g) The permit application shall be submitted to the
5Department in both electronic and hard copy format. The
6electronic format shall be searchable.
7 (h) The application for a high volume horizontal hydraulic
8fracturing permit may be submitted as a combined permit
9application with the operator's application to drill on a form
10as the Department shall prescribe. The combined application
11must include the information required in this Section. If the
12operator elects to submit a combined permit application,
13information required by this Section that is duplicative of
14information required for an application to drill is only
15required to be provided once as part of the combined
16application. The submission of a combined permit application
17under this subsection shall not be interpreted to relieve the
18applicant or the Department from complying with the
19requirements of this Act or the Illinois Oil and Gas Act.
20 (i) Upon receipt of a permit application, the Department
21shall have no more than 60 calendar days from the date it
22receives the permit application to approve, with any conditions
23the Department may find necessary, or reject the application
24for the high volume horizontal hydraulic fracturing permit. The
25applicant may waive, in writing, the 60-day deadline upon its
26own initiative or in response to a request by the Department.

HB5597- 934 -LRB098 15874 AMC 50917 b
1 (j) If at any time during the review period the Department
2determines that the permit application is not complete under
3this Act, does not meet the requirements of this Section, or
4requires additional information, the Department shall notify
5the applicant in writing of the application's deficiencies and
6allow the applicant to correct the deficiencies and provide the
7Department any information requested to complete the
8application. If the applicant fails to provide adequate
9supplemental information within the review period, the
10Department may reject the application.
11(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
12 (225 ILCS 732/1-60)
13 Sec. 1-60. High volume horizontal hydraulic fracturing
14permit; denial, suspension, or revocation.
15 (a) The Department may suspend, revoke, or refuse to issue
16a high volume horizontal hydraulic fracturing permit under this
17Act for one or more of the following causes:
18 (1) providing incorrect, misleading, incomplete, or
19 materially untrue information in a permit application or
20 any document required to be filed with the Department;
21 (2) violating any condition of the permit;
22 (3) violating any provision of or any regulation
23 adopted under this Act or the Illinois Oil and Gas Act;
24 (4) using fraudulent, coercive, or dishonest
25 practices, or demonstrating incompetence,

HB5597- 935 -LRB098 15874 AMC 50917 b
1 untrustworthiness, or financial irresponsibility in the
2 conduct of business in this State or elsewhere;
3 (5) having a high volume horizontal hydraulic
4 fracturing permit, or its equivalent, revoked in any other
5 state, province, district, or territory for incurring a
6 material or major violation or using fraudulent or
7 dishonest practices; or
8 (6) an emergency condition exists under which conduct
9 of the high volume horizontal hydraulic fracturing
10 operations would pose a significant hazard to public
11 health, aquatic life, wildlife, or the environment.
12 (b) In every case in which a permit is suspended or
13revoked, the Department shall serve notice of its action,
14including a statement of the reasons for the action, either
15personally or by certified mail, receipt return requested, to
16the permittee.
17 (c) The order of suspension or revocation of a permit shall
18take effect upon issuance of the order. The permittee may
19request, in writing, within 30 days after the date of receiving
20the notice, a hearing. Except as provided under subsection (d)
21of this Section, in the event a hearing is requested, the order
22shall remain in effect until a final order is entered pursuant
23to the hearing.
24 (d) The order of suspension or revocation of a permit may
25be stayed if requested by the permittee and evidence is
26submitted demonstrating that there is no significant threat to

HB5597- 936 -LRB098 15874 AMC 50917 b
1the public health, aquatic life, wildlife, or the environment
2if the operation is allowed to continue.
3 (e) The hearing shall be held at a time and place
4designated by the Department. The Director of the Department or
5any administrative law judge designated by him or her has have
6the power to administer oaths and affirmations, subpoena
7witnesses and compel their attendance, take evidence, and
8require the production of books, papers, correspondence, and
9other records or information that he or she considers relevant
10or material.
11 (f) The costs of the administrative hearing shall be set by
12rule and shall be borne by the permittee.
13 (g) The Department's decision to suspend or revoke a high
14volume horizontal hydraulic fracturing permit is subject to
15judicial review under the Administrative Review Law.
16(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
17 (225 ILCS 732/1-70)
18 Sec. 1-70. Well preparation, construction, and drilling.
19 (a) This Section shall apply to all horizontal wells that
20are to be completed using high volume horizontal hydraulic
21fracturing operations under a high volume horizontal hydraulic
22fracturing permit. The requirements of this Section shall be in
23addition to any other laws or rules regarding wells and well
24sites.
25 (b) Site preparation standards shall be as follows:

HB5597- 937 -LRB098 15874 AMC 50917 b
1 (1) The access road to the well site must be located in
2 accordance with access rights identified in the Illinois
3 Oil and Gas Act and located as far as practical from
4 occupied structures, places of assembly, and property
5 lines of unleased property.
6 (2) Unless otherwise approved or directed by the
7 Department, all topsoil stripped to facilitate the
8 construction of the well pad and access roads must be
9 stockpiled, stabilized, and remain on site for use in
10 either partial or final reclamation. In the event it is
11 anticipated that the final reclamation shall take place in
12 excess of one year from drilling the well the topsoil may
13 be disposed of in any lawful manner provided the operator
14 reclaims the site with topsoil of similar characteristics
15 of the topsoil removed.
16 (3) Piping, conveyances, valves, and tanks in contact
17 with hydraulic fracturing fluid, hydraulic fracturing
18 flowback, or produced water must be constructed of
19 materials compatible with the composition of the hydraulic
20 fracturing fluid, hydraulic fracturing flowback, and
21 produced water.
22 (4) The improvement, construction, or repair of a
23 publicly owned highway or roadway, if undertaken by the
24 owner, operator, permittee, or any other private entity,
25 shall be performed using bidding procedures outlined in the
26 Illinois Department of Transportation rules governing

HB5597- 938 -LRB098 15874 AMC 50917 b
1 local roads and streets or applicable bidding requirements
2 outlined in the Illinois Procurement Code as though the
3 project were publicly funded.
4 (c) Site maintenance standards shall be as follows:
5 (1) Secondary containment is required for all fueling
6 tanks.
7 (2) Fueling tanks shall be subject to Section 1-25 of
8 this Act.
9 (3) Fueling tank filling operations shall be
10 supervised at the fueling truck and at the tank if the tank
11 is not visible to the fueling operator from the truck.
12 (4) Troughs, drip pads, or drip pans are required
13 beneath the fill port of a fueling tank during filling
14 operations if the fill port is not within the secondary
15 containment required by paragraph (1) of this subsection.
16 (d) All wells shall be constructed, and casing and
17cementing activities shall be conducted, in a manner that shall
18provide for control of the well at all times, prevent the
19migration of oil, gas, and other fluids into the fresh water
20and coal seams, and prevent pollution or diminution of fresh
21water. In addition to any of the Department's casing and
22cementing requirements, the following shall apply:
23 (1) All casings must conform to the current industry
24 standards published by the American Petroleum Institute.
25 (2) Casing thread compound and its use must conform to
26 the current industry standards published by the American

HB5597- 939 -LRB098 15874 AMC 50917 b
1 Petroleum Institute.
2 (3) Surface casing shall be centralized at the shoe,
3 above and below a stage collar or diverting tool, if run,
4 and through usable-quality water zones. In non-deviated
5 holes, pipe centralization as follows is required: a
6 centralizer shall be placed every fourth joint from the
7 cement shoe to the ground surface or to the bottom of the
8 cellar. All centralizers shall meet specifications in, or
9 equivalent to, API Spec spec 10D, Specification for
10 Bow-Spring Casing Centralizers; API Spec 10 TR4, Technical
11 Report on Considerations Regarding Selection of
12 Centralizers for Primary Cementing Operations; and API RP
13 10D-2, Recommended Practice for Centralizer Placement and
14 Stop Collar Testing. The Department may require additional
15 centralization as necessary to ensure the integrity of the
16 well design is adequate. All centralizers must conform to
17 the current industry standards published by the American
18 Petroleum Institute.
19 (4) Cement must conform to current industry standards
20 published by the American Petroleum Institute and the
21 cement slurry must be prepared to minimize its free water
22 content in accordance with the current industry standards
23 published by the American Petroleum Institute; the cement
24 must also:
25 (A) secure the casing in the wellbore;
26 (B) isolate and protect fresh groundwater;

HB5597- 940 -LRB098 15874 AMC 50917 b
1 (C) isolate abnormally pressured zones, lost
2 circulation zones, and any potential flow zones
3 including hydrocarbon and fluid-bearing zones;
4 (D) properly control formation pressure and any
5 pressure from drilling, completion and production;
6 (E) protect the casing from corrosion and
7 degradation; and
8 (F) prevent gas flow in the annulus.
9 (5) Prior to cementing any casing string, the borehole
10 must be circulated and conditioned to ensure an adequate
11 cement bond.
12 (6) A pre-flush or spacer must be pumped ahead of the
13 cement.
14 (7) The cement must be pumped at a rate and in a flow
15 regime that inhibits channeling of the cement in the
16 annulus.
17 (8) Cement compressive strength tests must be
18 performed on all surface, intermediate, and production
19 casing strings; after the cement is placed behind the
20 casing, the operator shall wait on cement to set until the
21 cement achieves a calculated compressive strength of at
22 least 500 pounds per square inch, and a minimum of 8 hours
23 before the casing is disturbed in any way, including
24 installation of a blowout preventer. The cement shall have
25 a 72-hour compressive strength of at least 1,200 psi, and
26 the free water separation shall be no more than 6

HB5597- 941 -LRB098 15874 AMC 50917 b
1 milliliters per 250 milliliters of cement, tested in
2 accordance with current American Petroleum petroleum
3 Institute standards.
4 (9) A copy of the cement job log for any cemented
5 casing string in the well shall be maintained in the well
6 file and available to the Department upon request.
7 (10) Surface casing shall be used and set to a depth of
8 at least 200 feet, or 100 feet below the base of the
9 deepest fresh water, whichever is deeper, but no more than
10 200 feet below the base of the deepest fresh water and
11 prior to encountering any hydrocarbon-bearing zones. The
12 surface casing must be run and cemented as soon as
13 practicable after the hole has been adequately circulated
14 and conditioned.
15 (11) The Department must be notified at least 24 hours
16 prior to surface casing cementing operations. Surface
17 casing must be fully cemented to the surface with excess
18 cements. Cementing must be by the pump and plug method with
19 a minimum of 25% excess cement with appropriate lost
20 circulation material, unless another amount of excess
21 cement is approved by the Department. If cement returns are
22 not observed at the surface, the operator must perform
23 remedial actions as appropriate.
24 (12) Intermediate casing must be installed when
25 necessary to isolate fresh water not isolated by surface
26 casing and to seal off potential flow zones, anomalous

HB5597- 942 -LRB098 15874 AMC 50917 b
1 pressure zones, lost circulation zones and other drilling
2 hazards.
3 Intermediate casing must be set to protect fresh water
4 if surface casing was set above the base of the deepest
5 fresh water, if additional fresh water was found below the
6 surface casing shoe, or both. Intermediate casing used to
7 isolate fresh water must not be used as the production
8 string in the well in which it is installed, and may not be
9 perforated for purposes of conducting a hydraulic fracture
10 treatment through it.
11 When intermediate casing is installed to protect fresh
12 water, the operator shall set a full string of new
13 intermediate casing at least 100 feet below the base of the
14 deepest fresh water and bring cement to the surface. In
15 instances where intermediate casing was set solely to
16 protect fresh water encountered below the surface casing
17 shoe, and cementing to the surface is technically
18 infeasible, would result in lost circulation, or both,
19 cement must be brought to a minimum of 600 feet above the
20 shallowest fresh water zone encountered below the surface
21 casing shoe or to the surface if the fresh water zone is
22 less than 600 feet from the surface. The location and
23 depths of any hydrocarbon-bearing zones or fresh water
24 zones that are open to the wellbore above the casing shoe
25 must be confirmed by coring, electric logs, or testing and
26 must be reported to the Department.

HB5597- 943 -LRB098 15874 AMC 50917 b
1 In the case that intermediate casing was set for a
2 reason other than to protect strata that contains fresh
3 water, the intermediate casing string shall be cemented
4 from the shoe to a point at least 600 true vertical feet
5 above the shoe. If there is a hydrocarbon-bearing
6 hydrocarbon bearing zone capable of producing exposed
7 above the intermediate casing shoe, the casing shall be
8 cemented from the shoe to a point at least 600 true
9 vertical feet above the shallowest hydrocarbon-bearing
10 hydrocarbon bearing zone or to a point at least 200 feet
11 above the shoe of the next shallower casing string that was
12 set and cemented in the well (or to the surface if less
13 than 200 feet).
14 (13) The Department must be notified prior to
15 intermediate casing cementing operations. Cementing must
16 be by the pump and plug method with a minimum of 25% excess
17 cement. A radial cement bond evaluation log, or other
18 evaluation approved by the Department, must be run to
19 verify the cement bond on the intermediate casing. Remedial
20 cementing is required if the cement bond is not adequate
21 for drilling ahead.
22 (14) Production casing must be run and fully cemented
23 to 500 feet above the top perforated zone, if possible. The
24 Department must be notified at least 24 hours prior to
25 production casing cementing operations. Cementing must be
26 by the pump and plug method with a minimum of 25% excess

HB5597- 944 -LRB098 15874 AMC 50917 b
1 cement.
2 (15) At any time, the Department, as it deems
3 necessary, may require installation of an additional
4 cemented casing string or strings in the well.
5 (16) After the setting and cementing of a casing
6 string, except the conductor casing, and prior to further
7 drilling, the casing string shall be tested with fresh
8 water, mud, or brine to no less than 0.22 psi per foot of
9 casing string length or 1,500 psi, whichever is greater but
10 not to exceed 70% of the minimum internal yield, for at
11 least 30 minutes with less than a 5% pressure loss, except
12 that any casing string that will have pressure exerted on
13 it during stimulation of the well shall be tested to at
14 least the maximum anticipated treatment pressure. If the
15 pressure declines more than 5% or if there are other
16 indications of a leak, corrective action shall be taken
17 before conducting further drilling and high volume
18 horizontal hydraulic fracturing operations. The operator
19 shall contact the Department's District Office for any
20 county in which the well is located at least 24 hours prior
21 to conducting a pressure test to enable an inspector to be
22 present when the test is done. A record of the pressure
23 test must be maintained by the operator and must be
24 submitted to the Department on a form prescribed by the
25 Department prior to conducting high volume horizontal
26 hydraulic fracturing operations. The actual pressure must

HB5597- 945 -LRB098 15874 AMC 50917 b
1 not exceed the test pressure at any time during high volume
2 horizontal hydraulic fracturing operations.
3 (17) Any hydraulic fracturing string used in the high
4 volume horizontal hydraulic fracturing operations must be
5 either strung into a production liner or run with a packer
6 set at least 100 feet below the deepest cement top and must
7 be tested to not less than the maximum anticipated treating
8 pressure minus the annulus pressure applied between the
9 fracturing string and the production or immediate casing.
10 The pressure test shall be considered successful if the
11 pressure applied has been held for 30 minutes with no more
12 than 5% pressure loss. A function-tested relief valve and
13 diversion line must be installed and used to divert flow
14 from the hydraulic fracturing string-casing annulus to a
15 covered watertight steel tank in case of hydraulic
16 fracturing string failure. The relief valve must be set to
17 limit the annular pressure to no more than 95% of the
18 working pressure rating of the casings forming the annulus.
19 The annulus between the hydraulic fracturing string and
20 casing must be pressurized to at least 250 psi and
21 monitored.
22 (18) After a successful pressure test under paragraph
23 (16) of this subsection, a formation pressure integrity
24 test must be conducted below the surface casing and below
25 all intermediate casing. The operator shall notify the
26 Department's District Office for any county in which the

HB5597- 946 -LRB098 15874 AMC 50917 b
1 well is located at least 24 hours prior to conducting a
2 formation pressure integrity test to enable an inspector to
3 be present when the test is done. A record of the pressure
4 test must be maintained by the operator and must be
5 submitted to the Department on a form prescribed by the
6 Department prior to conducting high volume horizontal
7 hydraulic fracturing operations. The actual hydraulic
8 fracturing treatment pressure must not exceed the test
9 pressure at any time during high volume horizontal
10 hydraulic fracturing operations.
11 (e) Blowout prevention standards shall be set as follows:
12 (1) The operator shall use blowout prevention
13 equipment after setting casing with a competent casing
14 seat. Blowout prevention equipment shall be in good
15 working condition at all times.
16 (2) The operator shall use pipe fittings, valves,
17 and unions placed on or connected to the blow out
18 blow-out prevention systems that have a working
19 pressure capability that exceeds the anticipated
20 pressures.
21 (3) During all drilling and completion operations
22 when a blowout preventer is installed, tested, or in
23 use, the operator or operator's designated
24 representative shall be present at the well site and
25 that person or personnel shall have a current well
26 control certification from an accredited training

HB5597- 947 -LRB098 15874 AMC 50917 b
1 program that is acceptable to the Department. The
2 certification shall be available at the well site and
3 provided to the Department upon request.
4 (4) Appropriate pressure control procedures and
5 equipment in proper working order must be properly
6 installed and employed while conducting drilling and
7 completion operations including tripping, logging,
8 running casing into the well, and drilling out
9 solid-core stage plugs.
10 (5) Pressure testing of the blowout preventer and
11 related equipment for any drilling or completion
12 operation must be performed. Testing must be conducted
13 in accordance with current industry standards
14 published by the American Petroleum Institute. Testing
15 of the blowout preventer shall include testing after
16 the blowout preventer is installed on the well but
17 prior to drilling below the last cemented casing seat.
18 Pressure control equipment, including the blowout
19 preventer, that fails any pressure test shall not be
20 used until it is repaired and passes the pressure test.
21 (6) A remote blowout preventer actuator, that is
22 powered by a source other than rig hydraulics, shall be
23 located at least 50 feet from the wellhead and have an
24 appropriate rated working pressure.
25(Source: P.A. 98-22, eff. 6-17-13; revised 11-14-13.)

HB5597- 948 -LRB098 15874 AMC 50917 b
1 (225 ILCS 732/1-75)
2 Sec. 1-75. High volume horizontal hydraulic fracturing
3operations.
4 (a) General.
5 (1) During all phases of high volume horizontal
6 hydraulic fracturing operations, the permittee shall
7 comply with all terms of the permit.
8 (2) All phases of high volume horizontal hydraulic
9 fracturing operations shall be conducted in a manner that
10 shall not pose a significant risk to public health, life,
11 property, aquatic life, or wildlife.
12 (3) The permittee shall notify the Department by phone,
13 electronic communication, or letter, at least 48 hours
14 prior to the commencement of high volume horizontal
15 hydraulic fracturing operations.
16 (b) Integrity tests and monitoring.
17 (1) Before the commencement of high volume horizontal
18 hydraulic fracturing operations, all mechanical integrity
19 tests required under subsection (d) of Section 1-70 and
20 this subsection must be successfully completed.
21 (2) Prior to commencing high volume horizontal
22 hydraulic fracturing operations and pumping of hydraulic
23 fracturing fluid, the injection lines and manifold,
24 associated valves, fracture head or tree and any other
25 wellhead component or connection not previously tested
26 must be tested with fresh water, mud, or brine to at least

HB5597- 949 -LRB098 15874 AMC 50917 b
1 the maximum anticipated treatment pressure for at least 30
2 minutes with less than a 5% pressure loss. A record of the
3 pressure test must be maintained by the operator and made
4 available to the Department upon request. The actual high
5 volume horizontal hydraulic fracturing treatment pressure
6 must not exceed the test pressure at any time during high
7 volume horizontal hydraulic fracturing operations.
8 (3) The pressure exerted on treating equipment
9 including valves, lines, manifolds, hydraulic fracturing
10 head or tree, casing and hydraulic fracturing string, if
11 used, must not exceed 95% of the working pressure rating of
12 the weakest component. The high volume horizontal
13 hydraulic fracturing treatment pressure must not exceed
14 the test pressure of any given component at any time during
15 high volume horizontal hydraulic fracturing operations.
16 (4) During high volume horizontal hydraulic fracturing
17 operations, all annulus pressures, the injection pressure,
18 and the rate of injection shall be continuously monitored
19 and recorded. The records of the monitoring shall be
20 maintained by the operator and shall be provided to the
21 Department upon request at any time during the period up to
22 and including 5 years after the well is permanently plugged
23 or abandoned.
24 (5) High volume horizontal hydraulic fracturing
25 operations must be immediately suspended if any anomalous
26 pressure or flow condition or any other anticipated

HB5597- 950 -LRB098 15874 AMC 50917 b
1 pressure or flow condition is occurring in a way that
2 indicates the mechanical integrity of the well has been
3 compromised and continued operations pose a risk to the
4 environment. Remedial action shall be undertaken
5 immediately prior to recommencing high volume horizontal
6 hydraulic fracturing operations. The permittee shall
7 notify the Department within 1 hour of suspending
8 operations for any matters relating to the mechanical
9 integrity of the well or risk to the environment.
10 (c) Fluid and waste management.
11 (1) For the purposes of storage at the well site and
12 except as provided in paragraph (2) of this subsection,
13 hydraulic fracturing additives, hydraulic fracturing
14 fluid, hydraulic fracturing flowback, and produced water
15 shall be stored in above-ground tanks during all phases of
16 drilling, high volume horizontal hydraulic fracturing, and
17 production operations until removed for proper disposal.
18 For the purposes of centralized storage off site for
19 potential reuse prior to disposal, hydraulic fracturing
20 additives, hydraulic fracturing fluid, hydraulic
21 fracturing flowback, and produced water shall be stored in
22 above-ground tanks.
23 (2) In accordance with the plan required by paragraph
24 (11) of subsection (b) of Section 1-35 of this Act and as
25 approved by the Department, the use of a reserve pit is
26 allowed for the temporary storage of hydraulic fracturing

HB5597- 951 -LRB098 15874 AMC 50917 b
1 flowback. The reserve pit shall be used only in the event
2 of a lack of capacity for tank storage due to higher than
3 expected volume or rate of hydraulic fracturing flowback,
4 or other unanticipated flowback occurrence. Any reserve
5 pit must comply with the following construction standards
6 and liner specifications:
7 (A) the synthetic liner material shall have a
8 minimum thickness of 24 mils with high puncture and
9 tear strength and be impervious and resistant to
10 deterioration;
11 (B) the pit lining system shall be designed to have
12 a capacity at least equivalent to 110% of the maximum
13 volume of hydraulic fracturing flowback anticipated to
14 be recovered;
15 (C) the lined pit shall be constructed, installed,
16 and maintained in accordance with the manufacturers'
17 specifications and good engineering practices to
18 prevent overflow during any use;
19 (D) the liner shall have sufficient elongation to
20 cover the bottom and interior sides of the pit with the
21 edges secured with at least a 12 inch deep anchor
22 trench around the pit perimeter to prevent any slippage
23 or destruction of the liner materials; and
24 (E) the foundation for the liner shall be free of
25 rock and constructed with soil having a minimum
26 thickness of 12 inches after compaction covering the

HB5597- 952 -LRB098 15874 AMC 50917 b
1 entire bottom and interior sides of the pit.
2 (3) Fresh water may be stored in tanks or pits at the
3 election of the operator.
4 (4) Tanks required under this subsection must be
5 above-ground tanks that are closed, watertight, and will
6 resist corrosion. The permittee shall routinely inspect
7 the tanks for corrosion.
8 (5) Hydraulic fracturing fluids and hydraulic
9 fracturing flowback must be removed from the well site
10 within 60 days after completion of high volume horizontal
11 fracturing operations, except that any excess hydraulic
12 fracturing flowback captured for temporary storage in a
13 reserve pit as provided in paragraph (2) of this subsection
14 must be removed from the well site within 7 days.
15 (6) Tanks, piping, and conveyances, including valves,
16 must be constructed of suitable materials, be of sufficient
17 pressure rating, be able to resist corrosion, and be
18 maintained in a leak-free condition. Fluid transfer
19 operations from tanks to tanker trucks must be supervised
20 at the truck and at the tank if the tank is not visible to
21 the truck operator from the truck. During transfer
22 operations, all interconnecting piping must be supervised
23 if not visible to transfer personnel at the truck and tank.
24 (7) Hydraulic fracturing flowback must be tested for
25 volatile organic chemicals, semi-volatile organic
26 chemicals, inorganic chemicals, heavy metals, and

HB5597- 953 -LRB098 15874 AMC 50917 b
1 naturally occurring radioactive material prior to removal
2 from the site. Testing shall occur once per well site and
3 the analytical results shall be filed with the Department
4 and the Agency, and provided to the liquid oilfield waste
5 transportation and disposal operators. Prior to plugging
6 and site restoration, the ground adjacent to the storage
7 tanks and any hydraulic fracturing flowback reserve pit
8 must be measured for radioactivity.
9 (8) Hydraulic fracturing flowback may only be disposed
10 of by injection into a Class II injection well that is
11 below interface between fresh water and naturally
12 occurring Class IV groundwater. Produced water may be
13 disposed of by injection in a permitted enhanced oil
14 recovery operation. Hydraulic fracturing flowback and
15 produced water may be treated and recycled for use in
16 hydraulic fracturing fluid for high volume horizontal
17 hydraulic fracturing operations.
18 (9) Discharge of hydraulic fracturing fluids,
19 hydraulic fracturing flowback, and produced water into any
20 surface water or water drainage way is prohibited.
21 (10) Transport of all hydraulic fracturing fluids,
22 hydraulic fracturing flowback, and produced water by
23 vehicle for disposal must be undertaken by a liquid
24 oilfield waste hauler permitted by the Department under
25 Section 8c of the Illinois Oil and Gas Act. The liquid
26 oilfield waste hauler transporting hydraulic fracturing

HB5597- 954 -LRB098 15874 AMC 50917 b
1 fluids, hydraulic fracturing flowback, or produced water
2 under this Act shall comply with all laws, rules, and
3 regulations concerning liquid oilfield waste.
4 (11) Drill cuttings, drilling fluids, and drilling
5 wastes not containing oil-based mud or polymer-based mud
6 may be stored in tanks or pits. Pits used to store
7 cuttings, fluids, and drilling wastes from wells not using
8 fresh water mud shall be subject to the construction
9 standards identified in paragraph (2) of this subsection
10 (c) Section. Drill cuttings not contaminated with
11 oil-based mud or polymer-based mud may be disposed of
12 onsite subject to the approval of the Department. Drill
13 cuttings contaminated with oil-based mud or polymer-based
14 mud shall not be disposed of onsite on site. Annular
15 disposal of drill cuttings or fluid is prohibited.
16 (12) Any release of hydraulic fracturing fluid,
17 hydraulic fracturing additive, or hydraulic fracturing
18 flowback, used or generated during or after high volume
19 horizontal hydraulic fracturing operations shall be
20 immediately cleaned up and remediated pursuant to
21 Department requirements. Any release of hydraulic
22 fracturing fluid or hydraulic fracturing flowback in
23 excess of 1 barrel, shall be reported to the Department.
24 Any release of a hydraulic fracturing additive shall be
25 reported to the Department in accordance with the
26 appropriate reportable quantity thresholds established

HB5597- 955 -LRB098 15874 AMC 50917 b
1 under the federal Emergency Planning and Community
2 Right-to-Know Act as published in the Code of Federal
3 Regulations (CFR), 40 CFR Parts 355, 370, and 372, the
4 federal Comprehensive Environmental Response,
5 Compensation, and Liability Act as published in 40 CFR Part
6 302, and subsection (r) of Section 112 of the federal
7 Federal Clean Air Act as published in 40 CFR Part 68. Any
8 release of produced water in excess of 5 barrels shall be
9 cleaned up, remediated, and reported pursuant to
10 Department requirements.
11 (13) Secondary containment for tanks required under
12 this subsection and additive staging areas is required.
13 Secondary containment measures may include, as deemed
14 appropriate by the Department, one or a combination of the
15 following: dikes, liners, pads, impoundments, curbs,
16 sumps, or other structures or equipment capable of
17 containing the substance. Any secondary containment must
18 be sufficient to contain 110% of the total capacity of the
19 single largest container or tank within a common
20 containment area. No more than one hour before initiating
21 any stage of the high volume horizontal hydraulic
22 fracturing operations, all secondary containment must be
23 visually inspected to ensure all structures and equipment
24 are in place and in proper working order. The results of
25 this inspection must be recorded and documented by the
26 operator, and available to the Department upon request.

HB5597- 956 -LRB098 15874 AMC 50917 b
1 (14) A report on the transportation and disposal of the
2 hydraulic fracturing fluids and hydraulic fracturing
3 flowback shall be prepared and included in the well file.
4 The report must include the amount of fluids transported,
5 identification of the company that transported the fluids,
6 the destination of the fluids, and the method of disposal.
7 (15) Operators operating wells permitted under this
8 Act must submit an annual report to the Department
9 detailing the management of any produced water associated
10 with the permitted well. The report shall be due to the
11 Department no later than April 30th of each year and shall
12 provide information on the operator's management of any
13 produced water for the prior calendar year. The report
14 shall contain information relative to the amount of
15 produced water the well permitted under this Act produced,
16 the method by which the produced water was disposed, and
17 the destination where the produced water was disposed in
18 addition to any other information the Department
19 determines is necessary by rule.
20 (d) Hydraulic fracturing fluid shall be confined to the
21targeted formation designated in the permit. If the hydraulic
22fracturing fluid or hydraulic fracturing flowback are
23migrating into the freshwater zone or to the surface from the
24well in question or from other wells, the permittee shall
25immediately notify the Department and shut in the well until
26remedial action that prevents the fluid migration is completed.

HB5597- 957 -LRB098 15874 AMC 50917 b
1The permittee shall obtain the approval of the Department prior
2to resuming operations.
3 (e) Emissions controls.
4 (1) This subsection applies to all horizontal wells
5 that are completed with high volume horizontal hydraulic
6 fracturing.
7 (2) Except as otherwise provided in paragraph (8) of
8 this subsection (e), permittees shall be responsible for
9 managing gas and hydrocarbon fluids produced during the
10 flowback period by routing recovered hydrocarbon fluids to
11 one or more storage vessels or re-injecting into the well
12 or another well, and routing recovered natural gas into a
13 flow line or collection system, re-injecting the gas into
14 the well or another well, using the gas as an on-site fuel
15 source, or using the gas for another useful purpose that a
16 purchased fuel or raw material would serve, with no direct
17 release to the atmosphere.
18 (3) If it is technically infeasible or economically
19 unreasonable to minimize emissions associated with the
20 venting of hydrocarbon fluids and natural gas during the
21 flowback period using the methods specified in paragraph
22 (2) of this subsection (e), the permittee shall capture and
23 direct the emissions to a completion combustion device,
24 except in conditions that may result in a fire hazard or
25 explosion, or where high heat emissions from a completion
26 combustion device may negatively impact waterways.

HB5597- 958 -LRB098 15874 AMC 50917 b
1 Completion combustion devices must be equipped with a
2 reliable continuous ignition source over the duration of
3 the flowback period.
4 (4) Except as otherwise provided in paragraph (8) of
5 this subsection (e), permittees shall be responsible for
6 minimizing the emissions associated with venting of
7 hydrocarbon fluids and natural gas during the production
8 phase by:
9 (A) routing the recovered fluids into storage
10 vessels and (i) routing the recovered gas into a gas
11 gathering line, collection system, or to a generator
12 for onsite energy generation, providing that gas to the
13 surface owner of the well site for use for heat or
14 energy generation, or (ii) using another method other
15 than venting or flaring; and
16 (B) employing sand traps, surge vessels,
17 separators, and tanks as soon as practicable during
18 cleanout operations to safely maximize resource
19 recovery and minimize releases to the environment.
20 (5) If the permittee establishes that it is technically
21 infeasible or economically unreasonable to minimize
22 emissions associated with the venting of hydrocarbon
23 fluids and natural gas during production using the methods
24 specified in paragraph (4) of this subsection (e), the
25 Department shall require the permittee to capture and
26 direct any natural gas produced during the production phase

HB5597- 959 -LRB098 15874 AMC 50917 b
1 to a flare. Any flare used pursuant to this paragraph shall
2 be equipped with a reliable continuous ignition source over
3 the duration of production. In order to establish technical
4 infeasibility or economic unreasonableness under this
5 paragraph (5), the permittee must demonstrate, for each
6 well site on an annual basis, that taking the actions
7 listed in paragraph (4) of this subsection (e) are not cost
8 effective based on a site-specific analysis. Permittees
9 that use a flare during the production phase for operations
10 other than emergency conditions shall file an updated
11 site-specific analysis annually with the Department. The
12 analysis shall be due one year from the date of the
13 previous submission and shall detail whether any changes
14 have occurred that alter the technical infeasibility or
15 economic unreasonableness of the permittee to reduce their
16 emissions in accordance with paragraph (4) of this
17 subsection (e).
18 (6) Uncontrolled emissions exceeding 6 tons per year
19 from storage tanks shall be recovered and routed to a flare
20 that is designed in accordance with 40 CFR 60.18 and is
21 certified by the manufacturer of the device. The permittee
22 shall maintain and operate the flare in accordance with
23 manufacturer specifications. Any flare used under this
24 paragraph must be equipped with a reliable continuous
25 ignition source over the duration of production.
26 (7) The Department may approve an exemption that waives

HB5597- 960 -LRB098 15874 AMC 50917 b
1 the flaring requirements of paragraphs (5) and (6) of this
2 subsection (e) only if the permittee demonstrates that the
3 use of the flare will pose a significant risk of injury or
4 property damage and that alternative methods of collection
5 will not threaten harm to the environment. In determining
6 whether to approve a waiver, the Department shall consider
7 the quantity of casinghead gas produced, the topographical
8 and climatological features at the well site, and the
9 proximity of agricultural structures, crops, inhabited
10 structures, public buildings, and public roads and
11 railways.
12 (8) For each wildcat well, delineation well, or low
13 pressure well, permittees shall be responsible for
14 minimizing the emissions associated with venting of
15 hydrocarbon fluids and natural gas during the flowback
16 period and production phase by capturing and directing the
17 emissions to a completion combustion device during the
18 flowback period and to a flare during the production phase,
19 except in conditions that may result in a fire hazard or
20 explosion, or where high heat emissions from a completion
21 combustion device or flare may negatively impact
22 waterways. Completion combustion devices and flares shall
23 be equipped with a reliable continuous ignition source over
24 the duration of the flowback period and the production
25 phase, as applicable.
26 (9) On or after July 1, 2015, all flares used under

HB5597- 961 -LRB098 15874 AMC 50917 b
1 paragraphs (5) and (8) of this subsection (e) shall (i)
2 operate with a combustion efficiency of at least 98% and in
3 accordance with 40 CFR 60.18; and (ii) be certified by the
4 manufacturer of the device. The permittee shall maintain
5 and operate the flare in accordance with manufacturer
6 specifications.
7 (10) Permittees shall employ practices for control of
8 fugitive dust related to their operations. These practices
9 shall include, but are not limited to, the use of speed
10 restrictions, regular road maintenance, and restriction of
11 construction activity during high-wind days. Additional
12 management practices such as road surfacing, wind breaks
13 and barriers, or automation of wells to reduce truck
14 traffic may also be required by the Department if
15 technologically feasible and economically reasonable to
16 minimize fugitive dust emissions.
17 (11) Permittees shall record and report to the
18 Department on an annual basis the amount of gas flared or
19 vented from each high volume horizontal hydraulic
20 fracturing well. Three years after the effective date of
21 the first high volume high-volume horizontal hydraulic
22 fracturing well permit issued by the Department, and every
23 3 years thereafter, the Department shall prepare a report
24 that analyzes the amount of gas that has been flared or
25 vented and make recommendations to the General Assembly on
26 whether steps should be taken to reduce the amount of gas

HB5597- 962 -LRB098 15874 AMC 50917 b
1 that is being flared or vented in this State.
2 (f) High volume horizontal hydraulic fracturing operations
3completion report. Within 60 calendar days after the conclusion
4of high volume horizontal hydraulic fracturing operations, the
5operator shall file a high volume horizontal hydraulic
6fracturing operations completion report with the Department. A
7copy of each completion report submitted to the Department
8shall be provided by the Department to the Illinois State
9Geological Survey. The completion reports required by this
10Section shall be considered public information and shall be
11made available on the Department's website. The high volume
12horizontal hydraulic fracturing operations completion report
13shall contain the following information:
14 (1) the permittee name as listed in the permit
15 application;
16 (2) the dates of the high volume horizontal hydraulic
17 fracturing operations;
18 (3) the county where the well is located;
19 (4) the well name and Department reference number;
20 (5) the total water volume used in the high volume
21 horizontal hydraulic fracturing operations of the well,
22 and the type and total volume of the base fluid used if
23 something other than water;
24 (6) each source from which the water used in the high
25 volume horizontal hydraulic fracturing operations was
26 drawn, and the specific location of each source, including,

HB5597- 963 -LRB098 15874 AMC 50917 b
1 but not limited to, the name of the county and latitude and
2 longitude coordinates;
3 (7) the quantity of hydraulic fracturing flowback
4 recovered from the well;
5 (8) a description of how hydraulic fracturing flowback
6 recovered from the well was disposed and, if applicable,
7 reused;
8 (9) a chemical disclosure report identifying each
9 chemical and proppant used in hydraulic fracturing fluid
10 for each stage of the hydraulic fracturing operations
11 including the following:
12 (A) the total volume of water used in the hydraulic
13 fracturing treatment of the well or the type and total
14 volume of the base fluid used in the hydraulic
15 fracturing treatment, if something other than water;
16 (B) each hydraulic fracturing additive used in the
17 hydraulic fracturing fluid, including the trade name,
18 vendor, a brief descriptor of the intended use or
19 function of each hydraulic fracturing additive, and
20 the Material Safety Data Sheet (MSDS), if applicable;
21 (C) each chemical intentionally added to the base
22 fluid, including for each chemical, the Chemical
23 Abstracts Service number, if applicable; and
24 (D) the actual concentration in the base fluid, in
25 percent by mass, of each chemical intentionally added
26 to the base fluid;

HB5597- 964 -LRB098 15874 AMC 50917 b
1 (10) all pressures recorded during the high volume
2 horizontal hydraulic fracturing operations; and
3 (11) any other reasonable or pertinent information
4 related to the conduct of the high volume horizontal
5 hydraulic fracturing operations the Department may request
6 or require by administrative rule.
7(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
8 (225 ILCS 732/1-95)
9 Sec. 1-95. Plugging; restoration.
10 (a) The permittee shall perform and complete plugging of
11the well and restoration of the well site in accordance with
12the Illinois Oil and Gas Act and any and all rules adopted
13thereunder. The permittee shall bear all costs related to
14plugging of the well and reclamation of the well site. If the
15permittee fails to plug the well in accordance with this
16Section, the owner of the well shall be responsible for
17complying with this Section.
18 (b) Prior to conducting high volume horizontal hydraulic
19fracturing operations at a well site, the permittee shall cause
20to be plugged all previously unplugged wellbores well bores
21within 750 feet of any part of the horizontal wellbore well
22bore that penetrated within 400 vertical feet of the formation
23that will be stimulated as part of the high volume horizontal
24hydraulic fracturing operations.
25 (c) For well sites where high volume horizontal hydraulic

HB5597- 965 -LRB098 15874 AMC 50917 b
1fracturing operations were permitted to occur, the operator
2shall restore any lands used by the operator other than the
3well site and production facility to a condition as closely
4approximating the pre-drilling conditions that existed before
5the land was disturbed for any stage of site preparation
6activities, drilling, and high volume horizontal hydraulic
7fracturing operations. Restoration shall be commenced within 6
8months of completion of the well site and completed within 12
9months. Restoration shall include, but is not limited to,
10repair of tile lines, repair of fences and barriers, mitigation
11of soil compaction and rutting, application of fertilizer or
12lime to restore the fertility of disturbed soil, and repair of
13soil conservation practices such as terraces and grassed
14waterways.
15 (d) Unless contractually agreed to the contrary by the
16permittee and surface owner, the permittee shall restore the
17well site and production facility in accordance with the
18applicable restoration requirements in subsection (c) of this
19Section and shall remove all equipment and materials involved
20in site preparation, drilling, and high volume horizontal
21hydraulic fracturing operations, including tank batteries,
22rock and concrete pads, oilfield oil field debris, injection
23and flow lines at or above the surface, electric power lines
24and poles extending on or above the surface, tanks, fluids,
25pipes at or above the surface, secondary containment measures,
26rock or concrete bases, drilling equipment and supplies, and

HB5597- 966 -LRB098 15874 AMC 50917 b
1any and all other equipment, facilities, or materials used
2during any stage of site preparation work, drilling, or
3hydraulic fracturing operations at the well site. Work on the
4removal of equipment and materials at the well site shall begin
5within 6 months after plugging the final well on the well site
6and be completed no later than 12 months after the last
7producing well on the well site has been plugged. Roads
8installed as part of the oil and gas operation may be left in
9place if provided in the lease or pursuant to agreement with
10the surface owner, as applicable.
11(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
12 Section 520. The Riverboat Gambling Act is amended by
13changing Section 8 as follows:
14 (230 ILCS 10/8) (from Ch. 120, par. 2408)
15 Sec. 8. Suppliers licenses.
16 (a) The Board may issue a suppliers license to such
17persons, firms or corporations which apply therefor upon the
18payment of a non-refundable application fee set by the Board,
19upon a determination by the Board that the applicant is
20eligible for a suppliers license and upon payment of a $5,000
21annual license fee.
22 (b) The holder of a suppliers license is authorized to sell
23or lease, and to contract to sell or lease, gambling equipment
24and supplies to any licensee involved in the ownership or

HB5597- 967 -LRB098 15874 AMC 50917 b
1management of gambling operations.
2 (c) Gambling supplies and equipment may not be distributed
3unless supplies and equipment conform to standards adopted by
4rules of the Board.
5 (d) A person, firm or corporation is ineligible to receive
6a suppliers license if:
7 (1) the person has been convicted of a felony under the
8 laws of this State, any other state, or the United States;
9 (2) the person has been convicted of any violation of
10 Article 28 of the Criminal Code of 1961 or the Criminal
11 Code of 2012, or substantially similar laws of any other
12 jurisdiction;
13 (3) the person has submitted an application for a
14 license under this Act which contains false information;
15 (4) the person is a member of the Board;
16 (5) the firm or corporation is one in which a person
17 defined in (1), (2), (3) or (4), is an officer, director or
18 managerial employee;
19 (6) the firm or corporation employs a person who
20 participates in the management or operation of riverboat
21 gambling authorized under this Act;
22 (7) the license of the person, firm or corporation
23 issued under this Act, or a license to own or operate
24 gambling facilities in any other jurisdiction, has been
25 revoked.
26 (e) Any person that supplies any equipment, devices, or

HB5597- 968 -LRB098 15874 AMC 50917 b
1supplies to a licensed riverboat gambling operation must first
2obtain a suppliers license. A supplier shall furnish to the
3Board a list of all equipment, devices and supplies offered for
4sale or lease in connection with gambling games authorized
5under this Act. A supplier shall keep books and records for the
6furnishing of equipment, devices and supplies to gambling
7operations separate and distinct from any other business that
8the supplier might operate. A supplier shall file a quarterly
9return with the Board listing all sales and leases. A supplier
10shall permanently affix its name or a distinctive logo or other
11mark or design element identifying the manufacturer or supplier
12to all its equipment, devices, and supplies, except gaming
13chips without a value impressed, engraved, or imprinted on it,
14for gambling operations. The Board may waive this requirement
15for any specific product or products if it determines that the
16requirement is not necessary to protect the integrity of the
17game. Items purchased from a licensed supplier may continue to
18be used even though the supplier subsequently changes its name,
19distinctive logo, or other mark or design element; undergoes a
20change in ownership; or ceases to be licensed as a supplier for
21any reason. Any supplier's equipment, devices or supplies which
22are used by any person in an unauthorized gambling operation
23shall be forfeited to the State. A licensed owner may own its
24own equipment, devices and supplies. Each holder of an owners
25license under the Act shall file an annual report listing its
26inventories of gambling equipment, devices and supplies.

HB5597- 969 -LRB098 15874 AMC 50917 b
1 (f) Any person who knowingly makes a false statement on an
2application is guilty of a Class A misdemeanor.
3 (g) Any gambling equipment, devices and supplies provided
4by any licensed supplier may either be repaired on the
5riverboat or removed from the riverboat to an on-shore facility
6owned by the holder of an owners license for repair.
7(Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13;
8revised 6-10-13.)
9 Section 525. The Raffles Act is amended by changing Section
108.1 as follows:
11 (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
12 Sec. 8.1. (a) Political Committees.
13 (a) For the purposes of this Section the terms defined in
14this subsection have the meanings given them.
15 "Net Proceeds" means the gross receipts from the conduct of
16raffles, less reasonable sums expended for prizes, license fees
17and other reasonable operating expenses incurred as a result of
18operating a raffle.
19 "Raffle" means a form of lottery, as defined in Section
2028-2 (b) of the Criminal Code of 2012, conducted by a political
21committee licensed under this Section, in which:
22 (1) the player pays or agrees to pay something of value
23 for a chance, represented and differentiated by a number or
24 by a combination of numbers or by some other medium, one or

HB5597- 970 -LRB098 15874 AMC 50917 b
1 more of which chances is to be designated the winning
2 chance;
3 (2) the winning chance is to be determined through a
4 drawing or by some other method based on an element of
5 chance by an act or set of acts on the part of persons
6 conducting or connected with the lottery, except that the
7 winning chance shall not be determined by the outcome of a
8 publicly exhibited sporting contest.
9 "Unresolved claim" means a claim for civil penalty under
10Sections 9-3, 9-10, and 9-23 of The Election Code which has
11been begun by the State Board of Elections, has been disputed
12by the political committee under the applicable rules of the
13State Board of Elections, and has not been finally decided
14either by the State Board of Elections, or, where application
15for review has been made to the Courts of Illinois, remains
16finally undecided by the Courts.
17 "Owes" means that a political committee has been finally
18determined under applicable rules of the State Board of
19Elections to be liable for a civil penalty under Sections 9-3,
209-10, and 9-23 of The Election Code.
21 (b) Licenses issued pursuant to this Section shall be valid
22for one raffle or for a specified number of raffles to be
23conducted during a specified period not to exceed one year and
24may be suspended or revoked for any violation of this Section.
25The State Board of Elections shall act on a license application
26within 30 days from the date of application.

HB5597- 971 -LRB098 15874 AMC 50917 b
1 (c) Licenses issued by the State Board of Elections are
2subject to the following restrictions:
3 (1) No political committee shall conduct raffles or
4 chances without having first obtained a license therefor
5 pursuant to this Section.
6 (2) The application for license shall be prepared in
7 accordance with regulations of the State Board of Elections
8 and must specify the area or areas within the State in
9 which raffle chances will be sold or issued, the time
10 period during which raffle chances will be sold or issued,
11 the time of determination of winning chances and the
12 location or locations at which winning chances will be
13 determined.
14 (3) A license authorizes the licensee to conduct
15 raffles as defined in this Section.
16 The following are ineligible for any license under this
17Section:
18 (i) any political committee which has an officer
19 who has been convicted of a felony;
20 (ii) any political committee which has an officer
21 who is or has been a professional gambler or gambling
22 promoter;
23 (iii) any political committee which has an officer
24 who is not of good moral character;
25 (iv) any political committee which has an officer
26 who is also an officer of a firm or corporation in

HB5597- 972 -LRB098 15874 AMC 50917 b
1 which a person defined in (i), (ii) or (iii) has a
2 proprietary, equitable or credit interest, or in which
3 such a person is active or employed;
4 (v) any political committee in which a person
5 defined in (i), (ii) or (iii) is an officer, director,
6 or employee, whether compensated or not;
7 (vi) any political committee in which a person
8 defined in (i), (ii) or (iii) is to participate in the
9 management or operation of a raffle as defined in this
10 Section;
11 (vii) any committee which, at the time of its
12 application for a license to conduct a raffle, owes the
13 State Board of Elections any unpaid civil penalty
14 authorized by Sections 9-3, 9-10, and 9-23 of The
15 Election Code, or is the subject of an unresolved claim
16 for a civil penalty under Sections 9-3, 9-10, and 9-23
17 of The Election Code;
18 (viii) any political committee which, at the time
19 of its application to conduct a raffle, has not
20 submitted any report or document required to be filed
21 by Article 9 of The Election Code and such report or
22 document is more than 10 days overdue.
23 (d) (1) The conducting of raffles is subject to the
24 following restrictions:
25 (i) The entire net proceeds of any raffle must be
26 exclusively devoted to the lawful purposes of the

HB5597- 973 -LRB098 15874 AMC 50917 b
1 political committee permitted to conduct that game.
2 (ii) No person except a bona fide member of the
3 political committee may participate in the management
4 or operation of the raffle.
5 (iii) No person may receive any remuneration or
6 profit for participating in the management or
7 operation of the raffle.
8 (iv) Raffle chances may be sold or issued only
9 within the area specified on the license and winning
10 chances may be determined only at those locations
11 specified on the license.
12 (v) A person under the age of 18 years may
13 participate in the conducting of raffles or chances
14 only with the permission of a parent or guardian. A
15 person under the age of 18 years may be within the area
16 where winning chances are being determined only when
17 accompanied by his parent or guardian.
18 (2) If a lessor rents premises where a winning chance
19 or chances on a raffle are determined, the lessor shall not
20 be criminally liable if the person who uses the premises
21 for the determining of winning chances does not hold a
22 license issued under the provisions of this Section.
23 (e) (1) Each political committee licensed to conduct
24 raffles and chances shall keep records of its gross
25 receipts, expenses and net proceeds for each single
26 gathering or occasion at which winning chances are

HB5597- 974 -LRB098 15874 AMC 50917 b
1 determined. All deductions from gross receipts for each
2 single gathering or occasion shall be documented with
3 receipts or other records indicating the amount, a
4 description of the purchased item or service or other
5 reason for the deduction, and the recipient. The
6 distribution of net proceeds shall be itemized as to payee,
7 purpose, amount and date of payment.
8 (2) Each political committee licensed to conduct
9 raffles shall report on the next report due to be filed
10 under Article 9 of The Election Code its gross receipts,
11 expenses and net proceeds from raffles, and the
12 distribution of net proceeds itemized as required in this
13 subsection.
14 Such reports shall be included in the regular reports
15required of political committees by Article 9 of The Election
16Code.
17 (3) Records required by this subsection shall be
18 preserved for 3 years, and political committees shall make
19 available their records relating to operation of raffles
20 for public inspection at reasonable times and places.
21 (f) Violation of any provision of this Section is a Class C
22misdemeanor.
23 (g) Nothing in this Section shall be construed to authorize
24the conducting or operating of any gambling scheme, enterprise,
25activity or device other than raffles as provided for herein.
26(Source: P.A. 97-1150, eff. 1-25-13; revised 11-12-13.)

HB5597- 975 -LRB098 15874 AMC 50917 b
1 Section 530. The Video Gaming Act is amended by changing
2Sections 5, 15, 25, and 45 as follows:
3 (230 ILCS 40/5)
4 Sec. 5. Definitions. As used in this Act:
5 "Board" means the Illinois Gaming Board.
6 "Credit" means one, 5, 10, or 25 cents either won or
7purchased by a player.
8 "Distributor" means an individual, partnership,
9corporation, or limited liability company licensed under this
10Act to buy, sell, lease, or distribute video gaming terminals
11or major components or parts of video gaming terminals to or
12from terminal operators.
13 "Electronic card" means a card purchased from a licensed
14establishment, licensed fraternal establishment, licensed
15veterans establishment, or licensed truck stop establishment
16for use in that establishment as a substitute for cash in the
17conduct of gaming on a video gaming terminal.
18 "Electronic voucher" means a voucher printed by an
19electronic video game machine that is redeemable in the
20licensed establishment for which it was issued.
21 "Terminal operator" means an individual, partnership,
22corporation, or limited liability company that is licensed
23under this Act and that owns, services, and maintains video
24gaming terminals for placement in licensed establishments,

HB5597- 976 -LRB098 15874 AMC 50917 b
1licensed truck stop establishments, licensed fraternal
2establishments, or licensed veterans establishments.
3 "Licensed technician" means an individual who is licensed
4under this Act to repair, service, and maintain video gaming
5terminals.
6 "Licensed terminal handler" means a person, including but
7not limited to an employee or independent contractor working
8for a manufacturer, distributor, supplier, technician, or
9terminal operator, who is licensed under this Act to possess or
10control a video gaming terminal or to have access to the inner
11workings of a video gaming terminal. A licensed terminal
12handler does not include an individual, partnership,
13corporation, or limited liability company defined as a
14manufacturer, distributor, supplier, technician, or terminal
15operator under this Act.
16 "Manufacturer" means an individual, partnership,
17corporation, or limited liability company that is licensed
18under this Act and that manufactures or assembles video gaming
19terminals.
20 "Supplier" means an individual, partnership, corporation,
21or limited liability company that is licensed under this Act to
22supply major components or parts to video gaming terminals to
23licensed terminal operators.
24 "Net terminal income" means money put into a video gaming
25terminal minus credits paid out to players.
26 "Video gaming terminal" means any electronic video game

HB5597- 977 -LRB098 15874 AMC 50917 b
1machine that, upon insertion of cash, electronic cards or
2vouchers, or any combination thereof, electronic voucher, or
3any combination thereof, is available to play or simulate the
4play of a video game, including but not limited to video poker,
5line up, and blackjack, as authorized by the Board utilizing a
6video display and microprocessors in which the player may
7receive free games or credits that can be redeemed for cash.
8The term does not include a machine that directly dispenses
9coins, cash, or tokens or is for amusement purposes only.
10 "Licensed establishment" means any licensed retail
11establishment where alcoholic liquor is drawn, poured, mixed,
12or otherwise served for consumption on the premises, whether
13the establishment operates on a nonprofit or for-profit basis.
14"Licensed establishment" includes any such establishment that
15has a contractual relationship with an inter-track wagering
16location licensee licensed under the Illinois Horse Racing Act
17of 1975, provided any contractual relationship shall not
18include any transfer or offer of revenue from the operation of
19video gaming under this Act to any licensee licensed under the
20Illinois Horse Racing Act of 1975. Provided, however, that the
21licensed establishment that has such a contractual
22relationship with an inter-track wagering location licensee
23may not, itself, be (i) an inter-track wagering location
24licensee, (ii) the corporate parent or subsidiary of any
25licensee licensed under the Illinois Horse Racing Act of 1975,
26or (iii) the corporate subsidiary of a corporation that is also

HB5597- 978 -LRB098 15874 AMC 50917 b
1the corporate parent or subsidiary of any licensee licensed
2under the Illinois Horse Racing Act of 1975. "Licensed
3establishment" does not include a facility operated by an
4organization licensee, an inter-track wagering licensee, or an
5inter-track wagering location licensee licensed under the
6Illinois Horse Racing Act of 1975 or a riverboat licensed under
7the Riverboat Gambling Act, except as provided in this
8paragraph. The changes made to this definition by Public Act
998-587 this amendatory Act of the 98th General Assembly are
10declarative of existing law.
11 "Licensed fraternal establishment" means the location
12where a qualified fraternal organization that derives its
13charter from a national fraternal organization regularly
14meets.
15 "Licensed veterans establishment" means the location where
16a qualified veterans organization that derives its charter from
17a national veterans organization regularly meets.
18 "Licensed truck stop establishment" means a facility (i)
19that is at least a 3-acre facility with a convenience store,
20(ii) with separate diesel islands for fueling commercial motor
21vehicles, (iii) that sells at retail more than 10,000 gallons
22of diesel or biodiesel fuel per month, and (iv) with parking
23spaces for commercial motor vehicles. "Commercial motor
24vehicles" has the same meaning as defined in Section 18b-101 of
25the Illinois Vehicle Code. The requirement of item (iii) of
26this paragraph may be met by showing that estimated future

HB5597- 979 -LRB098 15874 AMC 50917 b
1sales or past sales average at least 10,000 gallons per month.
2(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13;
398-582, eff. 8-27-13; 98-587, eff. 8-27-13; revised 9-19-13.)
4 (230 ILCS 40/15)
5 Sec. 15. Minimum requirements for licensing and
6registration. Every video gaming terminal offered for play
7shall first be tested and approved pursuant to the rules of the
8Board, and each video gaming terminal offered in this State for
9play shall conform to an approved model. For the examination of
10video gaming machines and associated equipment as required by
11this Section, the Board may utilize the services of one or more
12independent outside testing laboratories that have been
13accredited by a national accreditation body and that, in the
14judgment of the Board, are qualified to perform such
15examinations. Every video gaming terminal offered in this State
16for play must meet minimum standards set by an independent
17outside testing laboratory approved by the Board. Each approved
18model shall, at a minimum, meet the following criteria:
19 (1) It must conform to all requirements of federal law
20 and regulations, including FCC Class A Emissions
21 Standards.
22 (2) It must theoretically pay out a mathematically
23 demonstrable percentage during the expected lifetime of
24 the machine of all amounts played, which must not be less
25 than 80%. The Board shall establish a maximum payout

HB5597- 980 -LRB098 15874 AMC 50917 b
1 percentage for approved models by rule. Video gaming
2 terminals that may be affected by skill must meet this
3 standard when using a method of play that will provide the
4 greatest return to the player over a period of continuous
5 play.
6 (3) It must use a random selection process to determine
7 the outcome of each play of a game. The random selection
8 process must meet 99% confidence limits using a standard
9 chi-squared test for (randomness) goodness of fit.
10 (4) It must display an accurate representation of the
11 game outcome.
12 (5) It must not automatically alter pay tables or any
13 function of the video gaming terminal based on internal
14 computation of hold percentage or have any means of
15 manipulation that affects the random selection process or
16 probabilities of winning a game.
17 (6) It must not be adversely affected by static
18 discharge or other electromagnetic interference.
19 (7) It must be capable of detecting and displaying the
20 following conditions during idle states or on demand: power
21 reset; door open; and door just closed.
22 (8) It must have the capacity to display complete play
23 history (outcome, intermediate play steps, credits
24 available, bets placed, credits paid, and credits cashed
25 out) for the most recent game played and 10 games prior
26 thereto.

HB5597- 981 -LRB098 15874 AMC 50917 b
1 (9) The theoretical payback percentage of a video
2 gaming terminal must not be capable of being changed
3 without making a hardware or software change in the video
4 gaming terminal, either on site or via the central
5 communications system.
6 (10) Video gaming terminals must be designed so that
7 replacement of parts or modules required for normal
8 maintenance does not necessitate replacement of the
9 electromechanical meters.
10 (11) It must have nonresettable meters housed in a
11 locked area of the terminal that keep a permanent record of
12 all cash inserted into the machine, all winnings made by
13 the terminal printer, credits played in for video gaming
14 terminals, and credits won by video gaming players. The
15 video gaming terminal must provide the means for on-demand
16 display of stored information as determined by the Board.
17 (12) Electronically stored meter information required
18 by this Section must be preserved for a minimum of 180 days
19 after a power loss to the service.
20 (13) It must have one or more mechanisms that accept
21 cash in the form of bills. The mechanisms shall be designed
22 to prevent obtaining credits without paying by stringing,
23 slamming, drilling, or other means. If such attempts at
24 physical tampering are made, the video gaming terminal
25 shall suspend itself from operating until reset.
26 (14) It shall have accounting software that keeps an

HB5597- 982 -LRB098 15874 AMC 50917 b
1 electronic record which includes, but is not limited to,
2 the following: total cash inserted into the video gaming
3 terminal; the value of winning tickets claimed by players;
4 the total credits played; the total credits awarded by a
5 video gaming terminal; and pay back percentage credited to
6 players of each video game.
7 (15) It shall be linked by a central communications
8 system to provide auditing program information as approved
9 by the Board. The central communications system shall use a
10 standard industry protocol, as defined by the Gaming
11 Standards Association, and shall have the functionality to
12 enable the Board or its designee to activate or deactivate
13 individual gaming devices from the central communications
14 system. In no event may the communications system approved
15 by the Board limit participation to only one manufacturer
16 of video gaming terminals by either the cost in
17 implementing the necessary program modifications to
18 communicate or the inability to communicate with the
19 central communications system.
20 (16) The Board, in its discretion, may require video
21 gaming terminals to display Amber Alert messages if the
22 Board makes a finding that it would be economically and
23 technically feasible and pose no risk to the integrity and
24 security of the central communications system and video
25 gaming terminals.
26 The Board may adopt rules to establish additional criteria

HB5597- 983 -LRB098 15874 AMC 50917 b
1to preserve the integrity and security of video gaming in this
2State. The central communications system vendor may be licensed
3as a video gaming terminal manufacturer or a video gaming
4terminal distributor, or both, but in no event shall the
5central communications system vendor be licensed as a video
6gaming terminal operator.
7 The Board shall not permit the development of information
8or the use by any licensee of gaming device or individual game
9performance data. Nothing in this Act shall inhibit or prohibit
10the Board from the use of gaming device or individual game
11performance data in its regulatory duties. The Board shall
12adopt rules to ensure that all licensees are treated and all
13licensees act in a non-discriminatory manner and develop
14processes and penalties to enforce those rules.
15(Source: P.A. 98-31, eff. 6-24-13; 98-377, eff. 1-1-14; 98-582,
16eff. 8-27-13; revised 9-19-13.)
17 (230 ILCS 40/25)
18 Sec. 25. Restriction of licensees.
19 (a) Manufacturer. A person may not be licensed as a
20manufacturer of a video gaming terminal in Illinois unless the
21person has a valid manufacturer's license issued under this
22Act. A manufacturer may only sell video gaming terminals for
23use in Illinois to persons having a valid distributor's
24license.
25 (b) Distributor. A person may not sell, distribute, or

HB5597- 984 -LRB098 15874 AMC 50917 b
1lease or market a video gaming terminal in Illinois unless the
2person has a valid distributor's license issued under this Act.
3A distributor may only sell video gaming terminals for use in
4Illinois to persons having a valid distributor's or terminal
5operator's license.
6 (c) Terminal operator. A person may not own, maintain, or
7place a video gaming terminal unless he has a valid terminal
8operator's license issued under this Act. A terminal operator
9may only place video gaming terminals for use in Illinois in
10licensed establishments, licensed truck stop establishments,
11licensed fraternal establishments, and licensed veterans
12establishments. No terminal operator may give anything of
13value, including but not limited to a loan or financing
14arrangement, to a licensed establishment, licensed truck stop
15establishment, licensed fraternal establishment, or licensed
16veterans establishment as any incentive or inducement to locate
17video terminals in that establishment. Of the after-tax profits
18from a video gaming terminal, 50% shall be paid to the terminal
19operator and 50% shall be paid to the licensed establishment,
20licensed truck stop establishment, licensed fraternal
21establishment, or licensed veterans establishment,
22notwithstanding any agreement to the contrary. A video terminal
23operator that violates one or more requirements of this
24subsection is guilty of a Class 4 felony and is subject to
25termination of his or her license by the Board.
26 (d) Licensed technician. A person may not service,

HB5597- 985 -LRB098 15874 AMC 50917 b
1maintain, or repair a video gaming terminal in this State
2unless he or she (1) has a valid technician's license issued
3under this Act, (2) is a terminal operator, or (3) is employed
4by a terminal operator, distributor, or manufacturer.
5 (d-5) Licensed terminal handler. No person, including, but
6not limited to, an employee or independent contractor working
7for a manufacturer, distributor, supplier, technician, or
8terminal operator licensed pursuant to this Act, shall have
9possession or control of a video gaming terminal, or access to
10the inner workings of a video gaming terminal, unless that
11person possesses a valid terminal handler's license issued
12under this Act.
13 (e) Licensed establishment. No video gaming terminal may be
14placed in any licensed establishment, licensed veterans
15establishment, licensed truck stop establishment, or licensed
16fraternal establishment unless the owner or agent of the owner
17of the licensed establishment, licensed veterans
18establishment, licensed truck stop establishment, or licensed
19fraternal establishment has entered into a written use
20agreement with the terminal operator for placement of the
21terminals. A copy of the use agreement shall be on file in the
22terminal operator's place of business and available for
23inspection by individuals authorized by the Board. A licensed
24establishment, licensed truck stop establishment, licensed
25veterans establishment, or licensed fraternal establishment
26may operate up to 5 video gaming terminals on its premises at

HB5597- 986 -LRB098 15874 AMC 50917 b
1any time.
2 (f) (Blank).
3 (g) Financial interest restrictions. As used in this Act,
4"substantial interest" in a partnership, a corporation, an
5organization, an association, a business, or a limited
6liability company means:
7 (A) When, with respect to a sole proprietorship, an
8 individual or his or her spouse owns, operates, manages, or
9 conducts, directly or indirectly, the organization,
10 association, or business, or any part thereof; or
11 (B) When, with respect to a partnership, the individual
12 or his or her spouse shares in any of the profits, or
13 potential profits, of the partnership activities; or
14 (C) When, with respect to a corporation, an individual
15 or his or her spouse is an officer or director, or the
16 individual or his or her spouse is a holder, directly or
17 beneficially, of 5% or more of any class of stock of the
18 corporation; or
19 (D) When, with respect to an organization not covered
20 in (A), (B) or (C) above, an individual or his or her
21 spouse is an officer or manages the business affairs, or
22 the individual or his or her spouse is the owner of or
23 otherwise controls 10% or more of the assets of the
24 organization; or
25 (E) When an individual or his or her spouse furnishes
26 5% or more of the capital, whether in cash, goods, or

HB5597- 987 -LRB098 15874 AMC 50917 b
1 services, for the operation of any business, association,
2 or organization during any calendar year; or
3 (F) When, with respect to a limited liability company,
4 an individual or his or her spouse is a member, or the
5 individual or his or her spouse is a holder, directly or
6 beneficially, of 5% or more of the membership interest of
7 the limited liability company.
8 For purposes of this subsection (g), "individual" includes
9all individuals or their spouses whose combined interest would
10qualify as a substantial interest under this subsection (g) and
11whose activities with respect to an organization, association,
12or business are so closely aligned or coordinated as to
13constitute the activities of a single entity.
14 (h) Location restriction. A licensed establishment,
15licensed truck stop establishment, licensed fraternal
16establishment, or licensed veterans establishment that is (i)
17located within 1,000 feet of a facility operated by an
18organization licensee licensed under the Illinois Horse Racing
19Act of 1975 or the home dock of a riverboat licensed under the
20Riverboat Gambling Act or (ii) located within 100 feet of a
21school or a place of worship under the Religious Corporation
22Act, is ineligible to operate a video gaming terminal. The
23location restrictions in this subsection (h) do not apply if
24(A) a facility operated by an organization licensee, a school,
25or a place of worship moves to or is established within the
26restricted area after a licensed establishment, licensed truck

HB5597- 988 -LRB098 15874 AMC 50917 b
1stop establishment, licensed fraternal establishment, or
2licensed veterans establishment becomes licensed under this
3Act or (B) a school or place of worship moves to or is
4established within the restricted area after a licensed
5establishment, licensed truck stop establishment, licensed
6fraternal establishment, or licensed veterans establishment
7obtains its original liquor license. For the purpose of this
8subsection, "school" means an elementary or secondary public
9school, or an elementary or secondary private school registered
10with or recognized by the State Board of Education.
11 Notwithstanding the provisions of this subsection (h), the
12Board may waive the requirement that a licensed establishment,
13licensed truck stop establishment, licensed fraternal
14establishment, or licensed veterans establishment not be
15located within 1,000 feet from a facility operated by an
16organization licensee or licensed under the Illinois Horse
17Racing Act of 1975 or the home dock of a riverboat licensed
18under the Riverboat Gambling Act. The Board shall not grant
19such waiver if there is any common ownership or control, shared
20business activity, or contractual arrangement of any type
21between the establishment and the organization licensee or
22owners licensee of a riverboat. The Board shall adopt rules to
23implement the provisions of this paragraph.
24 (i) Undue economic concentration. In addition to
25considering all other requirements under this Act, in deciding
26whether to approve the operation of video gaming terminals by a

HB5597- 989 -LRB098 15874 AMC 50917 b
1terminal operator in a location, the Board shall consider the
2impact of any economic concentration of such operation of video
3gaming terminals. The Board shall not allow a terminal operator
4to operate video gaming terminals if the Board determines such
5operation will result in undue economic concentration. For
6purposes of this Section, "undue economic concentration" means
7that a terminal operator would have such actual or potential
8influence over video gaming terminals in Illinois as to:
9 (1) substantially impede or suppress competition among
10 terminal operators;
11 (2) adversely impact the economic stability of the
12 video gaming industry in Illinois; or
13 (3) negatively impact the purposes of the Video Gaming
14 Act.
15 The Board shall adopt rules concerning undue economic
16concentration with respect to the operation of video gaming
17terminals in Illinois. The rules shall include, but not be
18limited to, (i) limitations on the number of video gaming
19terminals operated by any terminal operator within a defined
20geographic radius and (ii) guidelines on the discontinuation of
21operation of any such video gaming terminals the Board
22determines will cause undue economic concentration.
23 (j) The provisions of the Illinois Antitrust Act are fully
24and equally applicable to the activities of any licensee under
25this Act.
26(Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77,

HB5597- 990 -LRB098 15874 AMC 50917 b
1eff. 7-15-13; 98-112, eff. 7-26-13; revised 10-17-13.)
2 (230 ILCS 40/45)
3 Sec. 45. Issuance of license.
4 (a) The burden is upon each applicant to demonstrate his
5suitability for licensure. Each video gaming terminal
6manufacturer, distributor, supplier, operator, handler,
7licensed establishment, licensed truck stop establishment,
8licensed fraternal establishment, and licensed veterans
9establishment shall be licensed by the Board. The Board may
10issue or deny a license under this Act to any person pursuant
11to the same criteria set forth in Section 9 of the Riverboat
12Gambling Act.
13 (a-5) The Board shall not grant a license to a person who
14has facilitated, enabled, or participated in the use of
15coin-operated devices for gambling purposes or who is under the
16significant influence or control of such a person. For the
17purposes of this Act, "facilitated, enabled, or participated in
18the use of coin-operated amusement devices for gambling
19purposes" means that the person has been convicted of any
20violation of Article 28 of the Criminal Code of 1961 or the
21Criminal Code of 2012. If there is pending legal action against
22a person for any such violation, then the Board shall delay the
23licensure of that person until the legal action is resolved.
24 (b) Each person seeking and possessing a license as a video
25gaming terminal manufacturer, distributor, supplier, operator,

HB5597- 991 -LRB098 15874 AMC 50917 b
1handler, licensed establishment, licensed truck stop
2establishment, licensed fraternal establishment, or licensed
3veterans establishment shall submit to a background
4investigation conducted by the Board with the assistance of the
5State Police or other law enforcement. To the extent that the
6corporate structure of the applicant allows, the background
7investigation shall include any or all of the following as the
8Board deems appropriate or as provided by rule for each
9category of licensure: (i) each beneficiary of a trust, (ii)
10each partner of a partnership, (iii) each member of a limited
11liability company, (iv) each director and officer of a publicly
12or non-publicly held corporation, (v) each stockholder of a
13non-publicly held corporation, (vi) each stockholder of 5% or
14more of a publicly held corporation, or (vii) each stockholder
15of 5% or more in a parent or subsidiary corporation.
16 (c) Each person seeking and possessing a license as a video
17gaming terminal manufacturer, distributor, supplier, operator,
18handler, licensed establishment, licensed truck stop
19establishment, licensed fraternal establishment, or licensed
20veterans establishment shall disclose the identity of every
21person, association, trust, corporation, or limited liability
22company having a greater than 1% direct or indirect pecuniary
23interest in the video gaming terminal operation for which the
24license is sought. If the disclosed entity is a trust, the
25application shall disclose the names and addresses of the
26beneficiaries; if a corporation, the names and addresses of all

HB5597- 992 -LRB098 15874 AMC 50917 b
1stockholders and directors; if a limited liability company, the
2names and addresses of all members; or if a partnership, the
3names and addresses of all partners, both general and limited.
4 (d) No person may be licensed as a video gaming terminal
5manufacturer, distributor, supplier, operator, handler,
6licensed establishment, licensed truck stop establishment,
7licensed fraternal establishment, or licensed veterans
8establishment if that person has been found by the Board to:
9 (1) have a background, including a criminal record,
10 reputation, habits, social or business associations, or
11 prior activities that pose a threat to the public interests
12 of the State or to the security and integrity of video
13 gaming;
14 (2) create or enhance the dangers of unsuitable,
15 unfair, or illegal practices, methods, and activities in
16 the conduct of video gaming; or
17 (3) present questionable business practices and
18 financial arrangements incidental to the conduct of video
19 gaming activities.
20 (e) Any applicant for any license under this Act has the
21burden of proving his or her qualifications to the satisfaction
22of the Board. The Board may adopt rules to establish additional
23qualifications and requirements to preserve the integrity and
24security of video gaming in this State.
25 (f) A non-refundable application fee shall be paid at the
26time an application for a license is filed with the Board in

HB5597- 993 -LRB098 15874 AMC 50917 b
1the following amounts:
2 (1) Manufacturer..........................$5,000
3 (2) Distributor...........................$5,000
4 (3) Terminal operator.....................$5,000
5 (4) Supplier..............................$2,500
6 (5) Technician..............................$100
7 (6) Terminal Handler..............................$50
8 (g) The Board shall establish an annual fee for each
9license not to exceed the following:
10 (1) Manufacturer.........................$10,000
11 (2) Distributor..........................$10,000
12 (3) Terminal operator.....................$5,000
13 (4) Supplier..............................$2,000
14 (5) Technician..............................$100
15 (6) Licensed establishment, licensed truck stop
16 establishment, licensed fraternal establishment,
17 or licensed veterans establishment..............$100
18 (7) Video gaming terminal...................$100
19 (8) Terminal Handler..............................$50
20 (h) A terminal operator and a licensed establishment,
21licensed truck stop establishment, licensed fraternal
22establishment, or licensed veterans establishment shall
23equally split the fees specified in item (7) of subsection (g).
24(Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13;
2598-587, eff. 8-27-13; revised 9-19-13.)

HB5597- 994 -LRB098 15874 AMC 50917 b
1 Section 535. The Liquor Control Act of 1934 is amended by
2changing Sections 5-1, 6-2, 6-6, 6-15, and 7-1 as follows:
3 (235 ILCS 5/5-1) (from Ch. 43, par. 115)
4 Sec. 5-1. Licenses issued by the Illinois Liquor Control
5Commission shall be of the following classes:
6 (a) Manufacturer's license - Class 1. Distiller, Class 2.
7Rectifier, Class 3. Brewer, Class 4. First Class Wine
8Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
9First Class Winemaker, Class 7. Second Class Winemaker, Class
108. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
1110. Craft Brewer,
12 (b) Distributor's license,
13 (c) Importing Distributor's license,
14 (d) Retailer's license,
15 (e) Special Event Retailer's license (not-for-profit),
16 (f) Railroad license,
17 (g) Boat license,
18 (h) Non-Beverage User's license,
19 (i) Wine-maker's premises license,
20 (j) Airplane license,
21 (k) Foreign importer's license,
22 (l) Broker's license,
23 (m) Non-resident dealer's license,
24 (n) Brew Pub license,
25 (o) Auction liquor license,

HB5597- 995 -LRB098 15874 AMC 50917 b
1 (p) Caterer retailer license,
2 (q) Special use permit license,
3 (r) Winery shipper's license.
4 No person, firm, partnership, corporation, or other legal
5business entity that is engaged in the manufacturing of wine
6may concurrently obtain and hold a wine-maker's license and a
7wine manufacturer's license.
8 (a) A manufacturer's license shall allow the manufacture,
9importation in bulk, storage, distribution and sale of
10alcoholic liquor to persons without the State, as may be
11permitted by law and to licensees in this State as follows:
12 Class 1. A Distiller may make sales and deliveries of
13alcoholic liquor to distillers, rectifiers, importing
14distributors, distributors and non-beverage users and to no
15other licensees.
16 Class 2. A Rectifier, who is not a distiller, as defined
17herein, may make sales and deliveries of alcoholic liquor to
18rectifiers, importing distributors, distributors, retailers
19and non-beverage users and to no other licensees.
20 Class 3. A Brewer may make sales and deliveries of beer to
21importing distributors and distributors and may make sales as
22authorized under subsection (e) of Section 6-4 of this Act.
23 Class 4. A first class wine-manufacturer may make sales and
24deliveries of up to 50,000 gallons of wine to manufacturers,
25importing distributors and distributors, and to no other
26licensees.

HB5597- 996 -LRB098 15874 AMC 50917 b
1 Class 5. A second class Wine manufacturer may make sales
2and deliveries of more than 50,000 gallons of wine to
3manufacturers, importing distributors and distributors and to
4no other licensees.
5 Class 6. A first-class wine-maker's license shall allow the
6manufacture of up to 50,000 gallons of wine per year, and the
7storage and sale of such wine to distributors in the State and
8to persons without the State, as may be permitted by law. A
9person who, prior to the effective date of this amendatory Act
10of the 95th General Assembly, is a holder of a first-class
11wine-maker's license and annually produces more than 25,000
12gallons of its own wine and who distributes its wine to
13licensed retailers shall cease this practice on or before July
141, 2008 in compliance with this amendatory Act of the 95th
15General Assembly.
16 Class 7. A second-class wine-maker's license shall allow
17the manufacture of between 50,000 and 150,000 gallons of wine
18per year, and the storage and sale of such wine to distributors
19in this State and to persons without the State, as may be
20permitted by law. A person who, prior to the effective date of
21this amendatory Act of the 95th General Assembly, is a holder
22of a second-class wine-maker's license and annually produces
23more than 25,000 gallons of its own wine and who distributes
24its wine to licensed retailers shall cease this practice on or
25before July 1, 2008 in compliance with this amendatory Act of
26the 95th General Assembly.

HB5597- 997 -LRB098 15874 AMC 50917 b
1 Class 8. A limited wine-manufacturer may make sales and
2deliveries not to exceed 40,000 gallons of wine per year to
3distributors, and to non-licensees in accordance with the
4provisions of this Act.
5 Class 9. A craft distiller license shall allow the
6manufacture of up to 30,000 gallons of spirits by distillation
7for one year after the effective date of this amendatory Act of
8the 97th General Assembly and up to 35,000 gallons of spirits
9by distillation per year thereafter and the storage of such
10spirits. If a craft distiller licensee is not affiliated with
11any other manufacturer, then the craft distiller licensee may
12sell such spirits to distributors in this State and up to 2,500
13gallons of such spirits to non-licensees to the extent
14permitted by any exemption approved by the Commission pursuant
15to Section 6-4 of this Act.
16 Any craft distiller licensed under this Act who on the
17effective date of this amendatory Act of the 96th General
18Assembly was licensed as a distiller and manufactured no more
19spirits than permitted by this Section shall not be required to
20pay the initial licensing fee.
21 Class 10. A craft brewer's license, which may only be
22issued to a licensed brewer or licensed non-resident dealer,
23shall allow the manufacture of up to 930,000 gallons of beer
24per year. A craft brewer licensee may make sales and deliveries
25to importing distributors and distributors and to retail
26licensees in accordance with the conditions set forth in

HB5597- 998 -LRB098 15874 AMC 50917 b
1paragraph (18) of subsection (a) of Section 3-12 of this Act.
2 (a-1) A manufacturer which is licensed in this State to
3make sales or deliveries of alcoholic liquor to licensed
4distributors or importing distributors and which enlists
5agents, representatives, or individuals acting on its behalf
6who contact licensed retailers on a regular and continual basis
7in this State must register those agents, representatives, or
8persons acting on its behalf with the State Commission.
9 Registration of agents, representatives, or persons acting
10on behalf of a manufacturer is fulfilled by submitting a form
11to the Commission. The form shall be developed by the
12Commission and shall include the name and address of the
13applicant, the name and address of the manufacturer he or she
14represents, the territory or areas assigned to sell to or
15discuss pricing terms of alcoholic liquor, and any other
16questions deemed appropriate and necessary. All statements in
17the forms required to be made by law or by rule shall be deemed
18material, and any person who knowingly misstates any material
19fact under oath in an application is guilty of a Class B
20misdemeanor. Fraud, misrepresentation, false statements,
21misleading statements, evasions, or suppression of material
22facts in the securing of a registration are grounds for
23suspension or revocation of the registration. The State
24Commission shall post a list of registered agents on the
25Commission's website.
26 (b) A distributor's license shall allow the wholesale

HB5597- 999 -LRB098 15874 AMC 50917 b
1purchase and storage of alcoholic liquors and sale of alcoholic
2liquors to licensees in this State and to persons without the
3State, as may be permitted by law.
4 (c) An importing distributor's license may be issued to and
5held by those only who are duly licensed distributors, upon the
6filing of an application by a duly licensed distributor, with
7the Commission and the Commission shall, without the payment of
8any fee, immediately issue such importing distributor's
9license to the applicant, which shall allow the importation of
10alcoholic liquor by the licensee into this State from any point
11in the United States outside this State, and the purchase of
12alcoholic liquor in barrels, casks or other bulk containers and
13the bottling of such alcoholic liquors before resale thereof,
14but all bottles or containers so filled shall be sealed,
15labeled, stamped and otherwise made to comply with all
16provisions, rules and regulations governing manufacturers in
17the preparation and bottling of alcoholic liquors. The
18importing distributor's license shall permit such licensee to
19purchase alcoholic liquor from Illinois licensed non-resident
20dealers and foreign importers only.
21 (d) A retailer's license shall allow the licensee to sell
22and offer for sale at retail, only in the premises specified in
23the license, alcoholic liquor for use or consumption, but not
24for resale in any form. Nothing in this amendatory Act of the
2595th General Assembly shall deny, limit, remove, or restrict
26the ability of a holder of a retailer's license to transfer,

HB5597- 1000 -LRB098 15874 AMC 50917 b
1deliver, or ship alcoholic liquor to the purchaser for use or
2consumption subject to any applicable local law or ordinance.
3Any retail license issued to a manufacturer shall only permit
4the manufacturer to sell beer at retail on the premises
5actually occupied by the manufacturer. For the purpose of
6further describing the type of business conducted at a retail
7licensed premises, a retailer's licensee may be designated by
8the State Commission as (i) an on premise consumption retailer,
9(ii) an off premise sale retailer, or (iii) a combined on
10premise consumption and off premise sale retailer.
11 Notwithstanding any other provision of this subsection
12(d), a retail licensee may sell alcoholic liquors to a special
13event retailer licensee for resale to the extent permitted
14under subsection (e).
15 (e) A special event retailer's license (not-for-profit)
16shall permit the licensee to purchase alcoholic liquors from an
17Illinois licensed distributor (unless the licensee purchases
18less than $500 of alcoholic liquors for the special event, in
19which case the licensee may purchase the alcoholic liquors from
20a licensed retailer) and shall allow the licensee to sell and
21offer for sale, at retail, alcoholic liquors for use or
22consumption, but not for resale in any form and only at the
23location and on the specific dates designated for the special
24event in the license. An applicant for a special event retailer
25license must (i) furnish with the application: (A) a resale
26number issued under Section 2c of the Retailers' Occupation Tax

HB5597- 1001 -LRB098 15874 AMC 50917 b
1Act or evidence that the applicant is registered under Section
22a of the Retailers' Occupation Tax Act, (B) a current, valid
3exemption identification number issued under Section 1g of the
4Retailers' Occupation Tax Act, and a certification to the
5Commission that the purchase of alcoholic liquors will be a
6tax-exempt purchase, or (C) a statement that the applicant is
7not registered under Section 2a of the Retailers' Occupation
8Tax Act, does not hold a resale number under Section 2c of the
9Retailers' Occupation Tax Act, and does not hold an exemption
10number under Section 1g of the Retailers' Occupation Tax Act,
11in which event the Commission shall set forth on the special
12event retailer's license a statement to that effect; (ii)
13submit with the application proof satisfactory to the State
14Commission that the applicant will provide dram shop liability
15insurance in the maximum limits; and (iii) show proof
16satisfactory to the State Commission that the applicant has
17obtained local authority approval.
18 (f) A railroad license shall permit the licensee to import
19alcoholic liquors into this State from any point in the United
20States outside this State and to store such alcoholic liquors
21in this State; to make wholesale purchases of alcoholic liquors
22directly from manufacturers, foreign importers, distributors
23and importing distributors from within or outside this State;
24and to store such alcoholic liquors in this State; provided
25that the above powers may be exercised only in connection with
26the importation, purchase or storage of alcoholic liquors to be

HB5597- 1002 -LRB098 15874 AMC 50917 b
1sold or dispensed on a club, buffet, lounge or dining car
2operated on an electric, gas or steam railway in this State;
3and provided further, that railroad licensees exercising the
4above powers shall be subject to all provisions of Article VIII
5of this Act as applied to importing distributors. A railroad
6license shall also permit the licensee to sell or dispense
7alcoholic liquors on any club, buffet, lounge or dining car
8operated on an electric, gas or steam railway regularly
9operated by a common carrier in this State, but shall not
10permit the sale for resale of any alcoholic liquors to any
11licensee within this State. A license shall be obtained for
12each car in which such sales are made.
13 (g) A boat license shall allow the sale of alcoholic liquor
14in individual drinks, on any passenger boat regularly operated
15as a common carrier on navigable waters in this State or on any
16riverboat operated under the Riverboat Gambling Act, which boat
17or riverboat maintains a public dining room or restaurant
18thereon.
19 (h) A non-beverage user's license shall allow the licensee
20to purchase alcoholic liquor from a licensed manufacturer or
21importing distributor, without the imposition of any tax upon
22the business of such licensed manufacturer or importing
23distributor as to such alcoholic liquor to be used by such
24licensee solely for the non-beverage purposes set forth in
25subsection (a) of Section 8-1 of this Act, and such licenses
26shall be divided and classified and shall permit the purchase,

HB5597- 1003 -LRB098 15874 AMC 50917 b
1possession and use of limited and stated quantities of
2alcoholic liquor as follows:
3Class 1, not to exceed ......................... 500 gallons
4Class 2, not to exceed ....................... 1,000 gallons
5Class 3, not to exceed ....................... 5,000 gallons
6Class 4, not to exceed ...................... 10,000 gallons
7Class 5, not to exceed ....................... 50,000 gallons
8 (i) A wine-maker's premises license shall allow a licensee
9that concurrently holds a first-class wine-maker's license to
10sell and offer for sale at retail in the premises specified in
11such license not more than 50,000 gallons of the first-class
12wine-maker's wine that is made at the first-class wine-maker's
13licensed premises per year for use or consumption, but not for
14resale in any form. A wine-maker's premises license shall allow
15a licensee who concurrently holds a second-class wine-maker's
16license to sell and offer for sale at retail in the premises
17specified in such license up to 100,000 gallons of the
18second-class wine-maker's wine that is made at the second-class
19wine-maker's licensed premises per year for use or consumption
20but not for resale in any form. A wine-maker's premises license
21shall allow a licensee that concurrently holds a first-class
22wine-maker's license or a second-class wine-maker's license to
23sell and offer for sale at retail at the premises specified in
24the wine-maker's premises license, for use or consumption but
25not for resale in any form, any beer, wine, and spirits
26purchased from a licensed distributor. Upon approval from the

HB5597- 1004 -LRB098 15874 AMC 50917 b
1State Commission, a wine-maker's premises license shall allow
2the licensee to sell and offer for sale at (i) the wine-maker's
3licensed premises and (ii) at up to 2 additional locations for
4use and consumption and not for resale. Each location shall
5require additional licensing per location as specified in
6Section 5-3 of this Act. A wine-maker's premises licensee shall
7secure liquor liability insurance coverage in an amount at
8least equal to the maximum liability amounts set forth in
9subsection (a) of Section 6-21 of this Act.
10 (j) An airplane license shall permit the licensee to import
11alcoholic liquors into this State from any point in the United
12States outside this State and to store such alcoholic liquors
13in this State; to make wholesale purchases of alcoholic liquors
14directly from manufacturers, foreign importers, distributors
15and importing distributors from within or outside this State;
16and to store such alcoholic liquors in this State; provided
17that the above powers may be exercised only in connection with
18the importation, purchase or storage of alcoholic liquors to be
19sold or dispensed on an airplane; and provided further, that
20airplane licensees exercising the above powers shall be subject
21to all provisions of Article VIII of this Act as applied to
22importing distributors. An airplane licensee shall also permit
23the sale or dispensing of alcoholic liquors on any passenger
24airplane regularly operated by a common carrier in this State,
25but shall not permit the sale for resale of any alcoholic
26liquors to any licensee within this State. A single airplane

HB5597- 1005 -LRB098 15874 AMC 50917 b
1license shall be required of an airline company if liquor
2service is provided on board aircraft in this State. The annual
3fee for such license shall be as determined in Section 5-3.
4 (k) A foreign importer's license shall permit such licensee
5to purchase alcoholic liquor from Illinois licensed
6non-resident dealers only, and to import alcoholic liquor other
7than in bulk from any point outside the United States and to
8sell such alcoholic liquor to Illinois licensed importing
9distributors and to no one else in Illinois; provided that (i)
10the foreign importer registers with the State Commission every
11brand of alcoholic liquor that it proposes to sell to Illinois
12licensees during the license period, (ii) the foreign importer
13complies with all of the provisions of Section 6-9 of this Act
14with respect to registration of such Illinois licensees as may
15be granted the right to sell such brands at wholesale, and
16(iii) the foreign importer complies with the provisions of
17Sections 6-5 and 6-6 of this Act to the same extent that these
18provisions apply to manufacturers.
19 (l) (i) A broker's license shall be required of all persons
20who solicit orders for, offer to sell or offer to supply
21alcoholic liquor to retailers in the State of Illinois, or who
22offer to retailers to ship or cause to be shipped or to make
23contact with distillers, rectifiers, brewers or manufacturers
24or any other party within or without the State of Illinois in
25order that alcoholic liquors be shipped to a distributor,
26importing distributor or foreign importer, whether such

HB5597- 1006 -LRB098 15874 AMC 50917 b
1solicitation or offer is consummated within or without the
2State of Illinois.
3 No holder of a retailer's license issued by the Illinois
4Liquor Control Commission shall purchase or receive any
5alcoholic liquor, the order for which was solicited or offered
6for sale to such retailer by a broker unless the broker is the
7holder of a valid broker's license.
8 The broker shall, upon the acceptance by a retailer of the
9broker's solicitation of an order or offer to sell or supply or
10deliver or have delivered alcoholic liquors, promptly forward
11to the Illinois Liquor Control Commission a notification of
12said transaction in such form as the Commission may by
13regulations prescribe.
14 (ii) A broker's license shall be required of a person
15within this State, other than a retail licensee, who, for a fee
16or commission, promotes, solicits, or accepts orders for
17alcoholic liquor, for use or consumption and not for resale, to
18be shipped from this State and delivered to residents outside
19of this State by an express company, common carrier, or
20contract carrier. This Section does not apply to any person who
21promotes, solicits, or accepts orders for wine as specifically
22authorized in Section 6-29 of this Act.
23 A broker's license under this subsection (l) shall not
24entitle the holder to buy or sell any alcoholic liquors for his
25own account or to take or deliver title to such alcoholic
26liquors.

HB5597- 1007 -LRB098 15874 AMC 50917 b
1 This subsection (l) shall not apply to distributors,
2employees of distributors, or employees of a manufacturer who
3has registered the trademark, brand or name of the alcoholic
4liquor pursuant to Section 6-9 of this Act, and who regularly
5sells such alcoholic liquor in the State of Illinois only to
6its registrants thereunder.
7 Any agent, representative, or person subject to
8registration pursuant to subsection (a-1) of this Section shall
9not be eligible to receive a broker's license.
10 (m) A non-resident dealer's license shall permit such
11licensee to ship into and warehouse alcoholic liquor into this
12State from any point outside of this State, and to sell such
13alcoholic liquor to Illinois licensed foreign importers and
14importing distributors and to no one else in this State;
15provided that (i) said non-resident dealer shall register with
16the Illinois Liquor Control Commission each and every brand of
17alcoholic liquor which it proposes to sell to Illinois
18licensees during the license period, (ii) it shall comply with
19all of the provisions of Section 6-9 hereof with respect to
20registration of such Illinois licensees as may be granted the
21right to sell such brands at wholesale, and (iii) the
22non-resident dealer shall comply with the provisions of
23Sections 6-5 and 6-6 of this Act to the same extent that these
24provisions apply to manufacturers.
25 (n) A brew pub license shall allow the licensee (i) to
26manufacture beer only on the premises specified in the license,

HB5597- 1008 -LRB098 15874 AMC 50917 b
1(ii) to make sales of the beer manufactured on the premises or,
2with the approval of the Commission, beer manufactured on
3another brew pub licensed premises that is substantially owned
4and operated by the same licensee to importing distributors,
5distributors, and to non-licensees for use and consumption,
6(iii) to store the beer upon the premises, and (iv) to sell and
7offer for sale at retail from the licensed premises, provided
8that a brew pub licensee shall not sell for off-premises
9consumption more than 50,000 gallons per year. A person who
10holds a brew pub license may simultaneously hold a craft brewer
11license if he or she otherwise qualifies for the craft brewer
12license and the craft brewer license is for a location separate
13from the brew pub's licensed premises. A brew pub license shall
14permit a person who has received prior approval from the
15Commission to annually transfer no more than a total of 50,000
16gallons of beer manufactured on premises to all other licensed
17brew pubs that are substantially owned and operated by the same
18person.
19 (o) A caterer retailer license shall allow the holder to
20serve alcoholic liquors as an incidental part of a food service
21that serves prepared meals which excludes the serving of snacks
22as the primary meal, either on or off-site whether licensed or
23unlicensed.
24 (p) An auction liquor license shall allow the licensee to
25sell and offer for sale at auction wine and spirits for use or
26consumption, or for resale by an Illinois liquor licensee in

HB5597- 1009 -LRB098 15874 AMC 50917 b
1accordance with provisions of this Act. An auction liquor
2license will be issued to a person and it will permit the
3auction liquor licensee to hold the auction anywhere in the
4State. An auction liquor license must be obtained for each
5auction at least 14 days in advance of the auction date.
6 (q) A special use permit license shall allow an Illinois
7licensed retailer to transfer a portion of its alcoholic liquor
8inventory from its retail licensed premises to the premises
9specified in the license hereby created, and to sell or offer
10for sale at retail, only in the premises specified in the
11license hereby created, the transferred alcoholic liquor for
12use or consumption, but not for resale in any form. A special
13use permit license may be granted for the following time
14periods: one day or less; 2 or more days to a maximum of 15 days
15per location in any 12 month period. An applicant for the
16special use permit license must also submit with the
17application proof satisfactory to the State Commission that the
18applicant will provide dram shop liability insurance to the
19maximum limits and have local authority approval.
20 (r) A winery shipper's license shall allow a person with a
21first-class or second-class wine manufacturer's license, a
22first-class or second-class wine-maker's license, or a limited
23wine manufacturer's license or who is licensed to make wine
24under the laws of another state to ship wine made by that
25licensee directly to a resident of this State who is 21 years
26of age or older for that resident's personal use and not for

HB5597- 1010 -LRB098 15874 AMC 50917 b
1resale. Prior to receiving a winery shipper's license, an
2applicant for the license must provide the Commission with a
3true copy of its current license in any state in which it is
4licensed as a manufacturer of wine. An applicant for a winery
5shipper's license must also complete an application form that
6provides any other information the Commission deems necessary.
7The application form shall include an acknowledgement
8consenting to the jurisdiction of the Commission, the Illinois
9Department of Revenue, and the courts of this State concerning
10the enforcement of this Act and any related laws, rules, and
11regulations, including authorizing the Department of Revenue
12and the Commission to conduct audits for the purpose of
13ensuring compliance with this amendatory Act.
14 A winery shipper licensee must pay to the Department of
15Revenue the State liquor gallonage tax under Section 8-1 for
16all wine that is sold by the licensee and shipped to a person
17in this State. For the purposes of Section 8-1, a winery
18shipper licensee shall be taxed in the same manner as a
19manufacturer of wine. A licensee who is not otherwise required
20to register under the Retailers' Occupation Tax Act must
21register under the Use Tax Act to collect and remit use tax to
22the Department of Revenue for all gallons of wine that are sold
23by the licensee and shipped to persons in this State. If a
24licensee fails to remit the tax imposed under this Act in
25accordance with the provisions of Article VIII of this Act, the
26winery shipper's license shall be revoked in accordance with

HB5597- 1011 -LRB098 15874 AMC 50917 b
1the provisions of Article VII of this Act. If a licensee fails
2to properly register and remit tax under the Use Tax Act or the
3Retailers' Occupation Tax Act for all wine that is sold by the
4winery shipper and shipped to persons in this State, the winery
5shipper's license shall be revoked in accordance with the
6provisions of Article VII of this Act.
7 A winery shipper licensee must collect, maintain, and
8submit to the Commission on a semi-annual basis the total
9number of cases per resident of wine shipped to residents of
10this State. A winery shipper licensed under this subsection (r)
11must comply with the requirements of Section 6-29 of this
12amendatory Act.
13(Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813,
14eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13;
1598-401, eff. 8-16-13; revised 9-12-13.)
16 (235 ILCS 5/6-2) (from Ch. 43, par. 120)
17 Sec. 6-2. Issuance of licenses to certain persons
18prohibited.
19 (a) Except as otherwise provided in subsection (b) of this
20Section and in paragraph (1) of subsection (a) of Section 3-12,
21no license of any kind issued by the State Commission or any
22local commission shall be issued to:
23 (1) A person who is not a resident of any city, village
24 or county in which the premises covered by the license are
25 located; except in case of railroad or boat licenses.

HB5597- 1012 -LRB098 15874 AMC 50917 b
1 (2) A person who is not of good character and
2 reputation in the community in which he resides.
3 (3) A person who is not a citizen of the United States.
4 (4) A person who has been convicted of a felony under
5 any Federal or State law, unless the Commission determines
6 that such person has been sufficiently rehabilitated to
7 warrant the public trust after considering matters set
8 forth in such person's application and the Commission's
9 investigation. The burden of proof of sufficient
10 rehabilitation shall be on the applicant.
11 (5) A person who has been convicted of keeping a place
12 of prostitution or keeping a place of juvenile
13 prostitution, promoting prostitution that involves keeping
14 a place of prostitution, or promoting juvenile
15 prostitution that involves keeping a place of juvenile
16 prostitution.
17 (6) A person who has been convicted of pandering or
18 other crime or misdemeanor opposed to decency and morality.
19 (7) A person whose license issued under this Act has
20 been revoked for cause.
21 (8) A person who at the time of application for renewal
22 of any license issued hereunder would not be eligible for
23 such license upon a first application.
24 (9) A copartnership, if any general partnership
25 thereof, or any limited partnership thereof, owning more
26 than 5% of the aggregate limited partner interest in such

HB5597- 1013 -LRB098 15874 AMC 50917 b
1 copartnership would not be eligible to receive a license
2 hereunder for any reason other than residence within the
3 political subdivision, unless residency is required by
4 local ordinance.
5 (10) A corporation or limited liability company, if any
6 member, officer, manager or director thereof, or any
7 stockholder or stockholders owning in the aggregate more
8 than 5% of the stock of such corporation, would not be
9 eligible to receive a license hereunder for any reason
10 other than citizenship and residence within the political
11 subdivision.
12 (10a) A corporation or limited liability company
13 unless it is incorporated or organized in Illinois, or
14 unless it is a foreign corporation or foreign limited
15 liability company which is qualified under the Business
16 Corporation Act of 1983 or the Limited Liability Company
17 Act to transact business in Illinois. The Commission shall
18 permit and accept from an applicant for a license under
19 this Act proof prepared from the Secretary of State's
20 website that the corporation or limited liability company
21 is in good standing and is qualified under the Business
22 Corporation Act of 1983 or the Limited Liability Company
23 Act to transact business in Illinois.
24 (11) A person whose place of business is conducted by a
25 manager or agent unless the manager or agent possesses the
26 same qualifications required by the licensee.

HB5597- 1014 -LRB098 15874 AMC 50917 b
1 (12) A person who has been convicted of a violation of
2 any Federal or State law concerning the manufacture,
3 possession or sale of alcoholic liquor, subsequent to the
4 passage of this Act or has forfeited his bond to appear in
5 court to answer charges for any such violation.
6 (13) A person who does not beneficially own the
7 premises for which a license is sought, or does not have a
8 lease thereon for the full period for which the license is
9 to be issued.
10 (14) Any law enforcing public official, including
11 members of local liquor control commissions, any mayor,
12 alderman, or member of the city council or commission, any
13 president of the village board of trustees, any member of a
14 village board of trustees, or any president or member of a
15 county board; and no such official shall have a direct
16 interest in the manufacture, sale, or distribution of
17 alcoholic liquor, except that a license may be granted to
18 such official in relation to premises that are not located
19 within the territory subject to the jurisdiction of that
20 official if the issuance of such license is approved by the
21 State Liquor Control Commission and except that a license
22 may be granted, in a city or village with a population of
23 55,000 or less, to any alderman, member of a city council,
24 or member of a village board of trustees in relation to
25 premises that are located within the territory subject to
26 the jurisdiction of that official if (i) the sale of

HB5597- 1015 -LRB098 15874 AMC 50917 b
1 alcoholic liquor pursuant to the license is incidental to
2 the selling of food, (ii) the issuance of the license is
3 approved by the State Commission, (iii) the issuance of the
4 license is in accordance with all applicable local
5 ordinances in effect where the premises are located, and
6 (iv) the official granted a license does not vote on
7 alcoholic liquor issues pending before the board or council
8 to which the license holder is elected. Notwithstanding any
9 provision of this paragraph (14) to the contrary, an
10 alderman or member of a city council or commission, a
11 member of a village board of trustees other than the
12 president of the village board of trustees, or a member of
13 a county board other than the president of a county board
14 may have a direct interest in the manufacture, sale, or
15 distribution of alcoholic liquor as long as he or she is
16 not a law enforcing public official, a mayor, a village
17 board president, or president of a county board. To prevent
18 any conflict of interest, the elected official with the
19 direct interest in the manufacture, sale, or distribution
20 of alcoholic liquor shall not participate in any meetings,
21 hearings, or decisions on matters impacting the
22 manufacture, sale, or distribution of alcoholic liquor.
23 Furthermore, the mayor of a city with a population of
24 55,000 or less or the president of a village with a
25 population of 55,000 or less may have an interest in the
26 manufacture, sale, or distribution of alcoholic liquor as

HB5597- 1016 -LRB098 15874 AMC 50917 b
1 long as the council or board over which he or she presides
2 has made a local liquor control commissioner appointment
3 that complies with the requirements of Section 4-2 of this
4 Act.
5 (15) A person who is not a beneficial owner of the
6 business to be operated by the licensee.
7 (16) A person who has been convicted of a gambling
8 offense as proscribed by any of subsections (a) (3) through
9 (a) (11) of Section 28-1 of, or as proscribed by Section
10 28-1.1 or 28-3 of, the Criminal Code of 1961 or the
11 Criminal Code of 2012, or as proscribed by a statute
12 replaced by any of the aforesaid statutory provisions.
13 (17) A person or entity to whom a federal wagering
14 stamp has been issued by the federal government, unless the
15 person or entity is eligible to be issued a license under
16 the Raffles Act or the Illinois Pull Tabs and Jar Games
17 Act.
18 (18) A person who intends to sell alcoholic liquors for
19 use or consumption on his or her licensed retail premises
20 who does not have liquor liability insurance coverage for
21 that premises in an amount that is at least equal to the
22 maximum liability amounts set out in subsection (a) of
23 Section 6-21.
24 (19) A person who is licensed by any licensing
25 authority as a manufacturer of beer, or any partnership,
26 corporation, limited liability company, or trust or any

HB5597- 1017 -LRB098 15874 AMC 50917 b
1 subsidiary, affiliate, or agent thereof, or any other form
2 of business enterprise licensed as a manufacturer of beer,
3 having any legal, equitable, or beneficial interest,
4 directly or indirectly, in a person licensed in this State
5 as a distributor or importing distributor. For purposes of
6 this paragraph (19), a person who is licensed by any
7 licensing authority as a "manufacturer of beer" shall also
8 mean a brewer and a non-resident dealer who is also a
9 manufacturer of beer, including a partnership,
10 corporation, limited liability company, or trust or any
11 subsidiary, affiliate, or agent thereof, or any other form
12 of business enterprise licensed as a manufacturer of beer.
13 (20) A person who is licensed in this State as a
14 distributor or importing distributor, or any partnership,
15 corporation, limited liability company, or trust or any
16 subsidiary, affiliate, or agent thereof, or any other form
17 of business enterprise licensed in this State as a
18 distributor or importing distributor having any legal,
19 equitable, or beneficial interest, directly or indirectly,
20 in a person licensed as a manufacturer of beer by any
21 licensing authority, or any partnership, corporation,
22 limited liability company, or trust or any subsidiary,
23 affiliate, or agent thereof, or any other form of business
24 enterprise, except for a person who owns, on or after the
25 effective date of this amendatory Act of the 98th General
26 Assembly, no more than 5% of the outstanding shares of a

HB5597- 1018 -LRB098 15874 AMC 50917 b
1 manufacturer of beer whose shares are publicly traded on an
2 exchange within the meaning of the Securities Exchange Act
3 of 1934. For the purposes of this paragraph (20), a person
4 who is licensed by any licensing authority as a
5 "manufacturer of beer" shall also mean a brewer and a
6 non-resident dealer who is also a manufacturer of beer,
7 including a partnership, corporation, limited liability
8 company, or trust or any subsidiary, affiliate, or agent
9 thereof, or any other form of business enterprise licensed
10 as a manufacturer of beer.
11 (b) A criminal conviction of a corporation is not grounds
12for the denial, suspension, or revocation of a license applied
13for or held by the corporation if the criminal conviction was
14not the result of a violation of any federal or State law
15concerning the manufacture, possession or sale of alcoholic
16liquor, the offense that led to the conviction did not result
17in any financial gain to the corporation and the corporation
18has terminated its relationship with each director, officer,
19employee, or controlling shareholder whose actions directly
20contributed to the conviction of the corporation. The
21Commission shall determine if all provisions of this subsection
22(b) have been met before any action on the corporation's
23license is initiated.
24(Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13;
2598-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)

HB5597- 1019 -LRB098 15874 AMC 50917 b
1 (235 ILCS 5/6-6) (from Ch. 43, par. 123)
2 Sec. 6-6. Except as otherwise provided in this Act no
3manufacturer or distributor or importing distributor shall,
4directly, or indirectly, sell, supply, furnish, give or pay
5for, or loan or lease, any furnishing, fixture or equipment on
6the premises of a place of business of another licensee
7authorized under this Act to sell alcoholic liquor at retail,
8either for consumption on or off the premises, nor shall he or
9she, directly or indirectly, pay for any such license, or
10advance, furnish, lend or give money for payment of such
11license, or purchase or become the owner of any note, mortgage,
12or other evidence of indebtedness of such licensee or any form
13of security therefor, nor shall such manufacturer, or
14distributor, or importing distributor, directly or indirectly,
15be interested in the ownership, conduct or operation of the
16business of any licensee authorized to sell alcoholic liquor at
17retail, nor shall any manufacturer, or distributor, or
18importing distributor be interested directly or indirectly or
19as owner or part owner of said premises or as lessee or lessor
20thereof, in any premises upon which alcoholic liquor is sold at
21retail.
22 No manufacturer or distributor or importing distributor
23shall, directly or indirectly or through a subsidiary or
24affiliate, or by any officer, director or firm of such
25manufacturer, distributor or importing distributor, furnish,
26give, lend or rent, install, repair or maintain, to or for any

HB5597- 1020 -LRB098 15874 AMC 50917 b
1retail licensee in this State, any signs or inside advertising
2materials except as provided in this Section and Section 6-5.
3With respect to retail licensees, other than any government
4owned or operated auditorium, exhibition hall, recreation
5facility or other similar facility holding a retailer's license
6as described in Section 6-5, a manufacturer, distributor, or
7importing distributor may furnish, give, lend or rent and
8erect, install, repair and maintain to or for any retail
9licensee, for use at any one time in or about or in connection
10with a retail establishment on which the products of the
11manufacturer, distributor or importing distributor are sold,
12the following signs and inside advertising materials as
13authorized in subparts (i), (ii), (iii), and (iv):
14 (i) Permanent outside signs shall be limited to one
15 outside sign, per brand, in place and in use at any one
16 time, costing not more than $893, exclusive of erection,
17 installation, repair and maintenance costs, and permit
18 fees and shall bear only the manufacturer's name, brand
19 name, trade name, slogans, markings, trademark, or other
20 symbols commonly associated with and generally used in
21 identifying the product including, but not limited to,
22 "cold beer", "on tap", "carry out", and "packaged liquor".
23 (ii) Temporary outside signs shall be limited to one
24 temporary outside sign per brand. Examples of temporary
25 outside signs are banners, flags, pennants, streamers, and
26 other items of a temporary and non-permanent nature. Each

HB5597- 1021 -LRB098 15874 AMC 50917 b
1 temporary outside sign must include the manufacturer's
2 name, brand name, trade name, slogans, markings,
3 trademark, or other symbol commonly associated with and
4 generally used in identifying the product. Temporary
5 outside signs may also include, for example, the product,
6 price, packaging, date or dates of a promotion and an
7 announcement of a retail licensee's specific sponsored
8 event, if the temporary outside sign is intended to promote
9 a product, and provided that the announcement of the retail
10 licensee's event and the product promotion are held
11 simultaneously. However, temporary outside signs may not
12 include names, slogans, markings, or logos that relate to
13 the retailer. Nothing in this subpart (ii) shall prohibit a
14 distributor or importing distributor from bearing the cost
15 of creating or printing a temporary outside sign for the
16 retail licensee's specific sponsored event or from bearing
17 the cost of creating or printing a temporary sign for a
18 retail licensee containing, for example, community
19 goodwill expressions, regional sporting event
20 announcements, or seasonal messages, provided that the
21 primary purpose of the temporary outside sign is to
22 highlight, promote, or advertise the product. In addition,
23 temporary outside signs provided by the manufacturer to the
24 distributor or importing distributor may also include, for
25 example, subject to the limitations of this Section,
26 preprinted community goodwill expressions, sporting event

HB5597- 1022 -LRB098 15874 AMC 50917 b
1 announcements, seasonal messages, and manufacturer
2 promotional announcements. However, a distributor or
3 importing distributor shall not bear the cost of such
4 manufacturer preprinted signs.
5 (iii) Permanent inside signs, whether visible from the
6 outside or the inside of the premises, include, but are not
7 limited to: alcohol lists and menus that may include names,
8 slogans, markings, or logos that relate to the retailer;
9 neons; illuminated signs; clocks; table lamps; mirrors;
10 tap handles; decalcomanias; window painting; and window
11 trim. All permanent inside signs in place and in use at any
12 one time shall cost in the aggregate not more than $2000
13 per manufacturer. A permanent inside sign must include the
14 manufacturer's name, brand name, trade name, slogans,
15 markings, trademark, or other symbol commonly associated
16 with and generally used in identifying the product.
17 However, permanent inside signs may not include names,
18 slogans, markings, or logos that relate to the retailer.
19 For the purpose of this subpart (iii), all permanent inside
20 signs may be displayed in an adjacent courtyard or patio
21 commonly referred to as a "beer garden" that is a part of
22 the retailer's licensed premises.
23 (iv) Temporary inside signs shall include, but are not
24 limited to, lighted chalk boards, acrylic table tent
25 beverage or hors d'oeuvre list holders, banners, flags,
26 pennants, streamers, and inside advertising materials such

HB5597- 1023 -LRB098 15874 AMC 50917 b
1 as posters, placards, bowling sheets, table tents, inserts
2 for acrylic table tent beverage or hors d'oeuvre list
3 holders, sports schedules, or similar printed or
4 illustrated materials; however, such items, for example,
5 as coasters, trays, napkins, glassware and cups shall not
6 be deemed to be inside signs or advertising materials and
7 may only be sold to retailers. All temporary inside signs
8 and inside advertising materials in place and in use at any
9 one time shall cost in the aggregate not more than $325 per
10 manufacturer. Nothing in this subpart (iv) prohibits a
11 distributor or importing distributor from paying the cost
12 of printing or creating any temporary inside banner or
13 inserts for acrylic table tent beverage or hors d'oeuvre
14 list holders for a retail licensee, provided that the
15 primary purpose for the banner or insert is to highlight,
16 promote, or advertise the product. For the purpose of this
17 subpart (iv), all temporary inside signs and inside
18 advertising materials may be displayed in an adjacent
19 courtyard or patio commonly referred to as a "beer garden"
20 that is a part of the retailer's licensed premises.
21 A "cost adjustment factor" shall be used to periodically
22update the dollar limitations prescribed in subparts (i),
23(iii), and (iv). The Commission shall establish the adjusted
24dollar limitation on an annual basis beginning in January,
251997. The term "cost adjustment factor" means a percentage
26equal to the change in the Bureau of Labor Statistics Consumer

HB5597- 1024 -LRB098 15874 AMC 50917 b
1Price Index or 5%, whichever is greater. The restrictions
2contained in this Section 6-6 do not apply to signs, or
3promotional or advertising materials furnished by
4manufacturers, distributors or importing distributors to a
5government owned or operated facility holding a retailer's
6license as described in Section 6-5.
7 No distributor or importing distributor shall directly or
8indirectly or through a subsidiary or affiliate, or by any
9officer, director or firm of such manufacturer, distributor or
10importing distributor, furnish, give, lend or rent, install,
11repair or maintain, to or for any retail licensee in this
12State, any signs or inside advertising materials described in
13subparts (i), (ii), (iii), or (iv) of this Section except as
14the agent for or on behalf of a manufacturer, provided that the
15total cost of any signs and inside advertising materials
16including but not limited to labor, erection, installation and
17permit fees shall be paid by the manufacturer whose product or
18products said signs and inside advertising materials advertise
19and except as follows:
20 A distributor or importing distributor may purchase from or
21enter into a written agreement with a manufacturer or a
22manufacturer's designated supplier and such manufacturer or
23the manufacturer's designated supplier may sell or enter into
24an agreement to sell to a distributor or importing distributor
25permitted signs and advertising materials described in
26subparts (ii), (iii), or (iv) of this Section for the purpose

HB5597- 1025 -LRB098 15874 AMC 50917 b
1of furnishing, giving, lending, renting, installing,
2repairing, or maintaining such signs or advertising materials
3to or for any retail licensee in this State. Any purchase by a
4distributor or importing distributor from a manufacturer or a
5manufacturer's designated supplier shall be voluntary and the
6manufacturer may not require the distributor or the importing
7distributor to purchase signs or advertising materials from the
8manufacturer or the manufacturer's designated supplier.
9 A distributor or importing distributor shall be deemed the
10owner of such signs or advertising materials purchased from a
11manufacturer or a manufacturer's designated supplier.
12 The provisions of Public Act 90-373 concerning signs or
13advertising materials delivered by a manufacturer to a
14distributor or importing distributor shall apply only to signs
15or advertising materials delivered on or after August 14, 1997.
16 No person engaged in the business of manufacturing,
17importing or distributing alcoholic liquors shall, directly or
18indirectly, pay for, or advance, furnish, or lend money for the
19payment of any license for another. Any licensee who shall
20permit or assent, or be a party in any way to any violation or
21infringement of the provisions of this Section shall be deemed
22guilty of a violation of this Act, and any money loaned
23contrary to a provision of this Act shall not be recovered
24back, or any note, mortgage or other evidence of indebtedness,
25or security, or any lease or contract obtained or made contrary
26to this Act shall be unenforceable and void.

HB5597- 1026 -LRB098 15874 AMC 50917 b
1 This Section shall not apply to airplane licensees
2exercising powers provided in paragraph (i) of Section 5-1 of
3this Act.
4(Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96;
590-373, eff. 8-14-97; 90-432, eff. 1-1-98; 90-655, eff.
67-30-98; revised 9-24-13.)
7 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
8 Sec. 6-15. No alcoholic liquors shall be sold or delivered
9in any building belonging to or under the control of the State
10or any political subdivision thereof except as provided in this
11Act. The corporate authorities of any city, village,
12incorporated town, township, or county may provide by
13ordinance, however, that alcoholic liquor may be sold or
14delivered in any specifically designated building belonging to
15or under the control of the municipality, township, or county,
16or in any building located on land under the control of the
17municipality, township, or county; provided that such township
18or county complies with all applicable local ordinances in any
19incorporated area of the township or county. Alcoholic liquor
20may be delivered to and sold under the authority of a special
21use permit on any property owned by a conservation district
22organized under the Conservation District Act, provided that
23(i) the alcoholic liquor is sold only at an event authorized by
24the governing board of the conservation district, (ii) the
25issuance of the special use permit is authorized by the local

HB5597- 1027 -LRB098 15874 AMC 50917 b
1liquor control commissioner of the territory in which the
2property is located, and (iii) the special use permit
3authorizes the sale of alcoholic liquor for one day or less.
4Alcoholic liquors may be delivered to and sold at any airport
5belonging to or under the control of a municipality of more
6than 25,000 inhabitants, or in any building or on any golf
7course owned by a park district organized under the Park
8District Code, subject to the approval of the governing board
9of the district, or in any building or on any golf course owned
10by a forest preserve district organized under the Downstate
11Forest Preserve District Act, subject to the approval of the
12governing board of the district, or on the grounds within 500
13feet of any building owned by a forest preserve district
14organized under the Downstate Forest Preserve District Act
15during times when food is dispensed for consumption within 500
16feet of the building from which the food is dispensed, subject
17to the approval of the governing board of the district, or in a
18building owned by a Local Mass Transit District organized under
19the Local Mass Transit District Act, subject to the approval of
20the governing Board of the District, or in Bicentennial Park,
21or on the premises of the City of Mendota Lake Park located
22adjacent to Route 51 in Mendota, Illinois, or on the premises
23of Camden Park in Milan, Illinois, or in the community center
24owned by the City of Loves Park that is located at 1000 River
25Park Drive in Loves Park, Illinois, or, in connection with the
26operation of an established food serving facility during times

HB5597- 1028 -LRB098 15874 AMC 50917 b
1when food is dispensed for consumption on the premises, and at
2the following aquarium and museums located in public parks: Art
3Institute of Chicago, Chicago Academy of Sciences, Chicago
4Historical Society, Field Museum of Natural History, Museum of
5Science and Industry, DuSable Museum of African American
6History, John G. Shedd Aquarium and Adler Planetarium, or at
7Lakeview Museum of Arts and Sciences in Peoria, or in
8connection with the operation of the facilities of the Chicago
9Zoological Society or the Chicago Horticultural Society on land
10owned by the Forest Preserve District of Cook County, or on any
11land used for a golf course or for recreational purposes owned
12by the Forest Preserve District of Cook County, subject to the
13control of the Forest Preserve District Board of Commissioners
14and applicable local law, provided that dram shop liability
15insurance is provided at maximum coverage limits so as to hold
16the District harmless from all financial loss, damage, and
17harm, or in any building located on land owned by the Chicago
18Park District if approved by the Park District Commissioners,
19or on any land used for a golf course or for recreational
20purposes and owned by the Illinois International Port District
21if approved by the District's governing board, or at any
22airport, golf course, faculty center, or facility in which
23conference and convention type activities take place belonging
24to or under control of any State university or public community
25college district, provided that with respect to a facility for
26conference and convention type activities alcoholic liquors

HB5597- 1029 -LRB098 15874 AMC 50917 b
1shall be limited to the use of the convention or conference
2participants or participants in cultural, political or
3educational activities held in such facilities, and provided
4further that the faculty or staff of the State university or a
5public community college district, or members of an
6organization of students, alumni, faculty or staff of the State
7university or a public community college district are active
8participants in the conference or convention, or in Memorial
9Stadium on the campus of the University of Illinois at
10Urbana-Champaign during games in which the Chicago Bears
11professional football team is playing in that stadium during
12the renovation of Soldier Field, not more than one and a half
13hours before the start of the game and not after the end of the
14third quarter of the game, or in the Pavilion Facility on the
15campus of the University of Illinois at Chicago during games in
16which the Chicago Storm professional soccer team is playing in
17that facility, not more than one and a half hours before the
18start of the game and not after the end of the third quarter of
19the game, or in the Pavilion Facility on the campus of the
20University of Illinois at Chicago during games in which the
21WNBA professional women's basketball team is playing in that
22facility, not more than one and a half hours before the start
23of the game and not after the 10-minute mark of the second half
24of the game, or by a catering establishment which has rented
25facilities from a board of trustees of a public community
26college district, or in a restaurant that is operated by a

HB5597- 1030 -LRB098 15874 AMC 50917 b
1commercial tenant in the North Campus Parking Deck building
2that (1) is located at 1201 West University Avenue, Urbana,
3Illinois and (2) is owned by the Board of Trustees of the
4University of Illinois, or, if approved by the District board,
5on land owned by the Metropolitan Sanitary District of Greater
6Chicago and leased to others for a term of at least 20 years.
7Nothing in this Section precludes the sale or delivery of
8alcoholic liquor in the form of original packaged goods in
9premises located at 500 S. Racine in Chicago belonging to the
10University of Illinois and used primarily as a grocery store by
11a commercial tenant during the term of a lease that predates
12the University's acquisition of the premises; but the
13University shall have no power or authority to renew, transfer,
14or extend the lease with terms allowing the sale of alcoholic
15liquor; and the sale of alcoholic liquor shall be subject to
16all local laws and regulations. After the acquisition by
17Winnebago County of the property located at 404 Elm Street in
18Rockford, a commercial tenant who sold alcoholic liquor at
19retail on a portion of the property under a valid license at
20the time of the acquisition may continue to do so for so long
21as the tenant and the County may agree under existing or future
22leases, subject to all local laws and regulations regarding the
23sale of alcoholic liquor. Alcoholic liquors may be delivered to
24and sold at Memorial Hall, located at 211 North Main Street,
25Rockford, under conditions approved by Winnebago County and
26subject to all local laws and regulations regarding the sale of

HB5597- 1031 -LRB098 15874 AMC 50917 b
1alcoholic liquor. Each facility shall provide dram shop
2liability in maximum insurance coverage limits so as to save
3harmless the State, municipality, State university, airport,
4golf course, faculty center, facility in which conference and
5convention type activities take place, park district, Forest
6Preserve District, public community college district,
7aquarium, museum, or sanitary district from all financial loss,
8damage or harm. Alcoholic liquors may be sold at retail in
9buildings of golf courses owned by municipalities or Illinois
10State University in connection with the operation of an
11established food serving facility during times when food is
12dispensed for consumption upon the premises. Alcoholic liquors
13may be delivered to and sold at retail in any building owned by
14a fire protection district organized under the Fire Protection
15District Act, provided that such delivery and sale is approved
16by the board of trustees of the district, and provided further
17that such delivery and sale is limited to fundraising events
18and to a maximum of 6 events per year. However, the limitation
19to fundraising events and to a maximum of 6 events per year
20does not apply to the delivery, sale, or manufacture of
21alcoholic liquors at the building located at 59 Main Street in
22Oswego, Illinois, owned by the Oswego Fire Protection District
23if the alcoholic liquor is sold or dispensed as approved by the
24Oswego Fire Protection District and the property is no longer
25being utilized for fire protection purposes.
26 Alcoholic liquors may be served or sold in buildings under

HB5597- 1032 -LRB098 15874 AMC 50917 b
1the control of the Board of Trustees of the University of
2Illinois for events that the Board may determine are public
3events and not related student activities. The Board of
4Trustees shall issue a written policy within 6 months of the
5effective date of this amendatory Act of the 95th General
6Assembly concerning the types of events that would be eligible
7for an exemption. Thereafter, the Board of Trustees may issue
8revised, updated, new, or amended policies as it deems
9necessary and appropriate. In preparing its written policy, the
10Board of Trustees shall, among other factors it considers
11relevant and important, give consideration to the following:
12(i) whether the event is a student activity or student related
13activity; (ii) whether the physical setting of the event is
14conducive to control of liquor sales and distribution; (iii)
15the ability of the event operator to ensure that the sale or
16serving of alcoholic liquors and the demeanor of the
17participants are in accordance with State law and University
18policies; (iv) regarding the anticipated attendees at the
19event, the relative proportion of individuals under the age of
2021 to individuals age 21 or older; (v) the ability of the venue
21operator to prevent the sale or distribution of alcoholic
22liquors to individuals under the age of 21; (vi) whether the
23event prohibits participants from removing alcoholic beverages
24from the venue; and (vii) whether the event prohibits
25participants from providing their own alcoholic liquors to the
26venue. In addition, any policy submitted by the Board of

HB5597- 1033 -LRB098 15874 AMC 50917 b
1Trustees to the Illinois Liquor Control Commission must require
2that any event at which alcoholic liquors are served or sold in
3buildings under the control of the Board of Trustees shall
4require the prior written approval of the Office of the
5Chancellor for the University campus where the event is
6located. The Board of Trustees shall submit its policy, and any
7subsequently revised, updated, new, or amended policies, to the
8Illinois Liquor Control Commission, and any University event,
9or location for an event, exempted under such policies shall
10apply for a license under the applicable Sections of this Act.
11 Alcoholic liquors may be served or sold in buildings under
12the control of the Board of Trustees of Northern Illinois
13University for events that the Board may determine are public
14events and not student-related activities. The Board of
15Trustees shall issue a written policy within 6 months after
16June 28, 2011 (the effective date of Public Act 97-45)
17concerning the types of events that would be eligible for an
18exemption. Thereafter, the Board of Trustees may issue revised,
19updated, new, or amended policies as it deems necessary and
20appropriate. In preparing its written policy, the Board of
21Trustees shall, in addition to other factors it considers
22relevant and important, give consideration to the following:
23(i) whether the event is a student activity or student-related
24activity; (ii) whether the physical setting of the event is
25conducive to control of liquor sales and distribution; (iii)
26the ability of the event operator to ensure that the sale or

HB5597- 1034 -LRB098 15874 AMC 50917 b
1serving of alcoholic liquors and the demeanor of the
2participants are in accordance with State law and University
3policies; (iv) the anticipated attendees at the event and the
4relative proportion of individuals under the age of 21 to
5individuals age 21 or older; (v) the ability of the venue
6operator to prevent the sale or distribution of alcoholic
7liquors to individuals under the age of 21; (vi) whether the
8event prohibits participants from removing alcoholic beverages
9from the venue; and (vii) whether the event prohibits
10participants from providing their own alcoholic liquors to the
11venue.
12 Alcoholic liquors may be served or sold in buildings under
13the control of the Board of Trustees of Chicago State
14University for events that the Board may determine are public
15events and not student-related activities. The Board of
16Trustees shall issue a written policy within 6 months after
17August 2, 2013 (the effective date of Public Act 98-132) this
18amendatory Act of the 98th General Assembly concerning the
19types of events that would be eligible for an exemption.
20Thereafter, the Board of Trustees may issue revised, updated,
21new, or amended policies as it deems necessary and appropriate.
22In preparing its written policy, the Board of Trustees shall,
23in addition to other factors it considers relevant and
24important, give consideration to the following: (i) whether the
25event is a student activity or student-related activity; (ii)
26whether the physical setting of the event is conducive to

HB5597- 1035 -LRB098 15874 AMC 50917 b
1control of liquor sales and distribution; (iii) the ability of
2the event operator to ensure that the sale or serving of
3alcoholic liquors and the demeanor of the participants are in
4accordance with State law and University policies; (iv) the
5anticipated attendees at the event and the relative proportion
6of individuals under the age of 21 to individuals age 21 or
7older; (v) the ability of the venue operator to prevent the
8sale or distribution of alcoholic liquors to individuals under
9the age of 21; (vi) whether the event prohibits participants
10from removing alcoholic beverages from the venue; and (vii)
11whether the event prohibits participants from providing their
12own alcoholic liquors to the venue.
13 Alcoholic liquors may be served or sold in buildings under
14the control of the Board of Trustees of Illinois State
15University for events that the Board may determine are public
16events and not student-related activities. The Board of
17Trustees shall issue a written policy within 6 months after the
18effective date of this amendatory Act of the 97th General
19Assembly concerning the types of events that would be eligible
20for an exemption. Thereafter, the Board of Trustees may issue
21revised, updated, new, or amended policies as it deems
22necessary and appropriate. In preparing its written policy, the
23Board of Trustees shall, in addition to other factors it
24considers relevant and important, give consideration to the
25following: (i) whether the event is a student activity or
26student-related activity; (ii) whether the physical setting of

HB5597- 1036 -LRB098 15874 AMC 50917 b
1the event is conducive to control of liquor sales and
2distribution; (iii) the ability of the event operator to ensure
3that the sale or serving of alcoholic liquors and the demeanor
4of the participants are in accordance with State law and
5University policies; (iv) the anticipated attendees at the
6event and the relative proportion of individuals under the age
7of 21 to individuals age 21 or older; (v) the ability of the
8venue operator to prevent the sale or distribution of alcoholic
9liquors to individuals under the age of 21; (vi) whether the
10event prohibits participants from removing alcoholic beverages
11from the venue; and (vii) whether the event prohibits
12participants from providing their own alcoholic liquors to the
13venue.
14 Alcoholic liquor may be delivered to and sold at retail in
15the Dorchester Senior Business Center owned by the Village of
16Dolton if the alcoholic liquor is sold or dispensed only in
17connection with organized functions for which the planned
18attendance is 20 or more persons, and if the person or facility
19selling or dispensing the alcoholic liquor has provided dram
20shop liability insurance in maximum limits so as to hold
21harmless the Village of Dolton and the State from all financial
22loss, damage and harm.
23 Alcoholic liquors may be delivered to and sold at retail in
24any building used as an Illinois State Armory provided:
25 (i) the Adjutant General's written consent to the
26 issuance of a license to sell alcoholic liquor in such

HB5597- 1037 -LRB098 15874 AMC 50917 b
1 building is filed with the Commission;
2 (ii) the alcoholic liquor is sold or dispensed only in
3 connection with organized functions held on special
4 occasions;
5 (iii) the organized function is one for which the
6 planned attendance is 25 or more persons; and
7 (iv) the facility selling or dispensing the alcoholic
8 liquors has provided dram shop liability insurance in
9 maximum limits so as to save harmless the facility and the
10 State from all financial loss, damage or harm.
11 Alcoholic liquors may be delivered to and sold at retail in
12the Chicago Civic Center, provided that:
13 (i) the written consent of the Public Building
14 Commission which administers the Chicago Civic Center is
15 filed with the Commission;
16 (ii) the alcoholic liquor is sold or dispensed only in
17 connection with organized functions held on special
18 occasions;
19 (iii) the organized function is one for which the
20 planned attendance is 25 or more persons;
21 (iv) the facility selling or dispensing the alcoholic
22 liquors has provided dram shop liability insurance in
23 maximum limits so as to hold harmless the Civic Center, the
24 City of Chicago and the State from all financial loss,
25 damage or harm; and
26 (v) all applicable local ordinances are complied with.

HB5597- 1038 -LRB098 15874 AMC 50917 b
1 Alcoholic liquors may be delivered or sold in any building
2belonging to or under the control of any city, village or
3incorporated town where more than 75% of the physical
4properties of the building is used for commercial or
5recreational purposes, and the building is located upon a pier
6extending into or over the waters of a navigable lake or stream
7or on the shore of a navigable lake or stream. In accordance
8with a license issued under this Act, alcoholic liquor may be
9sold, served, or delivered in buildings and facilities under
10the control of the Department of Natural Resources during
11events or activities lasting no more than 7 continuous days
12upon the written approval of the Director of Natural Resources
13acting as the controlling government authority. The Director of
14Natural Resources may specify conditions on that approval,
15including but not limited to requirements for insurance and
16hours of operation. Notwithstanding any other provision of this
17Act, alcoholic liquor sold by a United States Army Corps of
18Engineers or Department of Natural Resources concessionaire
19who was operating on June 1, 1991 for on-premises consumption
20only is not subject to the provisions of Articles IV and IX.
21Beer and wine may be sold on the premises of the Joliet Park
22District Stadium owned by the Joliet Park District when written
23consent to the issuance of a license to sell beer and wine in
24such premises is filed with the local liquor commissioner by
25the Joliet Park District. Beer and wine may be sold in
26buildings on the grounds of State veterans' homes when written

HB5597- 1039 -LRB098 15874 AMC 50917 b
1consent to the issuance of a license to sell beer and wine in
2such buildings is filed with the Commission by the Department
3of Veterans' Affairs, and the facility shall provide dram shop
4liability in maximum insurance coverage limits so as to save
5the facility harmless from all financial loss, damage or harm.
6Such liquors may be delivered to and sold at any property owned
7or held under lease by a Metropolitan Pier and Exposition
8Authority or Metropolitan Exposition and Auditorium Authority.
9 Beer and wine may be sold and dispensed at professional
10sporting events and at professional concerts and other
11entertainment events conducted on premises owned by the Forest
12Preserve District of Kane County, subject to the control of the
13District Commissioners and applicable local law, provided that
14dram shop liability insurance is provided at maximum coverage
15limits so as to hold the District harmless from all financial
16loss, damage and harm.
17 Nothing in this Section shall preclude the sale or delivery
18of beer and wine at a State or county fair or the sale or
19delivery of beer or wine at a city fair in any otherwise lawful
20manner.
21 Alcoholic liquors may be sold at retail in buildings in
22State parks under the control of the Department of Natural
23Resources, provided:
24 a. the State park has overnight lodging facilities with
25 some restaurant facilities or, not having overnight
26 lodging facilities, has restaurant facilities which serve

HB5597- 1040 -LRB098 15874 AMC 50917 b
1 complete luncheon and dinner or supper meals,
2 b. consent to the issuance of a license to sell
3 alcoholic liquors in the buildings has been filed with the
4 commission by the Department of Natural Resources, and
5 c. the alcoholic liquors are sold by the State park
6 lodge or restaurant concessionaire only during the hours
7 from 11 o'clock a.m. until 12 o'clock midnight.
8 Notwithstanding any other provision of this Act, alcoholic
9 liquor sold by the State park or restaurant concessionaire
10 is not subject to the provisions of Articles IV and IX.
11 Alcoholic liquors may be sold at retail in buildings on
12properties under the control of the Historic Sites and
13Preservation Division of the Historic Preservation Agency or
14the Abraham Lincoln Presidential Library and Museum provided:
15 a. the property has overnight lodging facilities with
16 some restaurant facilities or, not having overnight
17 lodging facilities, has restaurant facilities which serve
18 complete luncheon and dinner or supper meals,
19 b. consent to the issuance of a license to sell
20 alcoholic liquors in the buildings has been filed with the
21 commission by the Historic Sites and Preservation Division
22 of the Historic Preservation Agency or the Abraham Lincoln
23 Presidential Library and Museum, and
24 c. the alcoholic liquors are sold by the lodge or
25 restaurant concessionaire only during the hours from 11
26 o'clock a.m. until 12 o'clock midnight.

HB5597- 1041 -LRB098 15874 AMC 50917 b
1 The sale of alcoholic liquors pursuant to this Section does
2not authorize the establishment and operation of facilities
3commonly called taverns, saloons, bars, cocktail lounges, and
4the like except as a part of lodge and restaurant facilities in
5State parks or golf courses owned by Forest Preserve Districts
6with a population of less than 3,000,000 or municipalities or
7park districts.
8 Alcoholic liquors may be sold at retail in the Springfield
9Administration Building of the Department of Transportation
10and the Illinois State Armory in Springfield; provided, that
11the controlling government authority may consent to such sales
12only if
13 a. the request is from a not-for-profit organization;
14 b. such sales would not impede normal operations of the
15 departments involved;
16 c. the not-for-profit organization provides dram shop
17 liability in maximum insurance coverage limits and agrees
18 to defend, save harmless and indemnify the State of
19 Illinois from all financial loss, damage or harm;
20 d. no such sale shall be made during normal working
21 hours of the State of Illinois; and
22 e. the consent is in writing.
23 Alcoholic liquors may be sold at retail in buildings in
24recreational areas of river conservancy districts under the
25control of, or leased from, the river conservancy districts.
26Such sales are subject to reasonable local regulations as

HB5597- 1042 -LRB098 15874 AMC 50917 b
1provided in Article IV; however, no such regulations may
2prohibit or substantially impair the sale of alcoholic liquors
3on Sundays or Holidays.
4 Alcoholic liquors may be provided in long term care
5facilities owned or operated by a county under Division 5-21 or
65-22 of the Counties Code, when approved by the facility
7operator and not in conflict with the regulations of the
8Illinois Department of Public Health, to residents of the
9facility who have had their consumption of the alcoholic
10liquors provided approved in writing by a physician licensed to
11practice medicine in all its branches.
12 Alcoholic liquors may be delivered to and dispensed in
13State housing assigned to employees of the Department of
14Corrections. No person shall furnish or allow to be furnished
15any alcoholic liquors to any prisoner confined in any jail,
16reformatory, prison or house of correction except upon a
17physician's prescription for medicinal purposes.
18 Alcoholic liquors may be sold at retail or dispensed at the
19Willard Ice Building in Springfield, at the State Library in
20Springfield, and at Illinois State Museum facilities by (1) an
21agency of the State, whether legislative, judicial or
22executive, provided that such agency first obtains written
23permission to sell or dispense alcoholic liquors from the
24controlling government authority, or by (2) a not-for-profit
25organization, provided that such organization:
26 a. Obtains written consent from the controlling

HB5597- 1043 -LRB098 15874 AMC 50917 b
1 government authority;
2 b. Sells or dispenses the alcoholic liquors in a manner
3 that does not impair normal operations of State offices
4 located in the building;
5 c. Sells or dispenses alcoholic liquors only in
6 connection with an official activity in the building;
7 d. Provides, or its catering service provides, dram
8 shop liability insurance in maximum coverage limits and in
9 which the carrier agrees to defend, save harmless and
10 indemnify the State of Illinois from all financial loss,
11 damage or harm arising out of the selling or dispensing of
12 alcoholic liquors.
13 Nothing in this Act shall prevent a not-for-profit
14organization or agency of the State from employing the services
15of a catering establishment for the selling or dispensing of
16alcoholic liquors at authorized functions.
17 The controlling government authority for the Willard Ice
18Building in Springfield shall be the Director of the Department
19of Revenue. The controlling government authority for Illinois
20State Museum facilities shall be the Director of the Illinois
21State Museum. The controlling government authority for the
22State Library in Springfield shall be the Secretary of State.
23 Alcoholic liquors may be delivered to and sold at retail or
24dispensed at any facility, property or building under the
25jurisdiction of the Historic Sites and Preservation Division of
26the Historic Preservation Agency or the Abraham Lincoln

HB5597- 1044 -LRB098 15874 AMC 50917 b
1Presidential Library and Museum where the delivery, sale or
2dispensing is by (1) an agency of the State, whether
3legislative, judicial or executive, provided that such agency
4first obtains written permission to sell or dispense alcoholic
5liquors from a controlling government authority, or by (2) an
6individual or organization provided that such individual or
7organization:
8 a. Obtains written consent from the controlling
9 government authority;
10 b. Sells or dispenses the alcoholic liquors in a manner
11 that does not impair normal workings of State offices or
12 operations located at the facility, property or building;
13 c. Sells or dispenses alcoholic liquors only in
14 connection with an official activity of the individual or
15 organization in the facility, property or building;
16 d. Provides, or its catering service provides, dram
17 shop liability insurance in maximum coverage limits and in
18 which the carrier agrees to defend, save harmless and
19 indemnify the State of Illinois from all financial loss,
20 damage or harm arising out of the selling or dispensing of
21 alcoholic liquors.
22 The controlling government authority for the Historic
23Sites and Preservation Division of the Historic Preservation
24Agency shall be the Director of the Historic Sites and
25Preservation, and the controlling government authority for the
26Abraham Lincoln Presidential Library and Museum shall be the

HB5597- 1045 -LRB098 15874 AMC 50917 b
1Director of the Abraham Lincoln Presidential Library and
2Museum.
3 Alcoholic liquors may be delivered to and sold at retail or
4dispensed for consumption at the Michael Bilandic Building at
5160 North LaSalle Street, Chicago IL 60601, after the normal
6business hours of any day care or child care facility located
7in the building, by (1) a commercial tenant or subtenant
8conducting business on the premises under a lease made pursuant
9to Section 405-315 of the Department of Central Management
10Services Law (20 ILCS 405/405-315), provided that such tenant
11or subtenant who accepts delivery of, sells, or dispenses
12alcoholic liquors shall procure and maintain dram shop
13liability insurance in maximum coverage limits and in which the
14carrier agrees to defend, indemnify, and save harmless the
15State of Illinois from all financial loss, damage, or harm
16arising out of the delivery, sale, or dispensing of alcoholic
17liquors, or by (2) an agency of the State, whether legislative,
18judicial, or executive, provided that such agency first obtains
19written permission to accept delivery of and sell or dispense
20alcoholic liquors from the Director of Central Management
21Services, or by (3) a not-for-profit organization, provided
22that such organization:
23 a. obtains written consent from the Department of
24 Central Management Services;
25 b. accepts delivery of and sells or dispenses the
26 alcoholic liquors in a manner that does not impair normal

HB5597- 1046 -LRB098 15874 AMC 50917 b
1 operations of State offices located in the building;
2 c. accepts delivery of and sells or dispenses alcoholic
3 liquors only in connection with an official activity in the
4 building; and
5 d. provides, or its catering service provides, dram
6 shop liability insurance in maximum coverage limits and in
7 which the carrier agrees to defend, save harmless, and
8 indemnify the State of Illinois from all financial loss,
9 damage, or harm arising out of the selling or dispensing of
10 alcoholic liquors.
11 Nothing in this Act shall prevent a not-for-profit
12organization or agency of the State from employing the services
13of a catering establishment for the selling or dispensing of
14alcoholic liquors at functions authorized by the Director of
15Central Management Services.
16 Alcoholic liquors may be sold at retail or dispensed at the
17James R. Thompson Center in Chicago, subject to the provisions
18of Section 7.4 of the State Property Control Act, and 222 South
19College Street in Springfield, Illinois by (1) a commercial
20tenant or subtenant conducting business on the premises under a
21lease or sublease made pursuant to Section 405-315 of the
22Department of Central Management Services Law (20 ILCS
23405/405-315), provided that such tenant or subtenant who sells
24or dispenses alcoholic liquors shall procure and maintain dram
25shop liability insurance in maximum coverage limits and in
26which the carrier agrees to defend, indemnify and save harmless

HB5597- 1047 -LRB098 15874 AMC 50917 b
1the State of Illinois from all financial loss, damage or harm
2arising out of the sale or dispensing of alcoholic liquors, or
3by (2) an agency of the State, whether legislative, judicial or
4executive, provided that such agency first obtains written
5permission to sell or dispense alcoholic liquors from the
6Director of Central Management Services, or by (3) a
7not-for-profit organization, provided that such organization:
8 a. Obtains written consent from the Department of
9 Central Management Services;
10 b. Sells or dispenses the alcoholic liquors in a manner
11 that does not impair normal operations of State offices
12 located in the building;
13 c. Sells or dispenses alcoholic liquors only in
14 connection with an official activity in the building;
15 d. Provides, or its catering service provides, dram
16 shop liability insurance in maximum coverage limits and in
17 which the carrier agrees to defend, save harmless and
18 indemnify the State of Illinois from all financial loss,
19 damage or harm arising out of the selling or dispensing of
20 alcoholic liquors.
21 Nothing in this Act shall prevent a not-for-profit
22organization or agency of the State from employing the services
23of a catering establishment for the selling or dispensing of
24alcoholic liquors at functions authorized by the Director of
25Central Management Services.
26 Alcoholic liquors may be sold or delivered at any facility

HB5597- 1048 -LRB098 15874 AMC 50917 b
1owned by the Illinois Sports Facilities Authority provided that
2dram shop liability insurance has been made available in a
3form, with such coverage and in such amounts as the Authority
4reasonably determines is necessary.
5 Alcoholic liquors may be sold at retail or dispensed at the
6Rockford State Office Building by (1) an agency of the State,
7whether legislative, judicial or executive, provided that such
8agency first obtains written permission to sell or dispense
9alcoholic liquors from the Department of Central Management
10Services, or by (2) a not-for-profit organization, provided
11that such organization:
12 a. Obtains written consent from the Department of
13 Central Management Services;
14 b. Sells or dispenses the alcoholic liquors in a manner
15 that does not impair normal operations of State offices
16 located in the building;
17 c. Sells or dispenses alcoholic liquors only in
18 connection with an official activity in the building;
19 d. Provides, or its catering service provides, dram
20 shop liability insurance in maximum coverage limits and in
21 which the carrier agrees to defend, save harmless and
22 indemnify the State of Illinois from all financial loss,
23 damage or harm arising out of the selling or dispensing of
24 alcoholic liquors.
25 Nothing in this Act shall prevent a not-for-profit
26organization or agency of the State from employing the services

HB5597- 1049 -LRB098 15874 AMC 50917 b
1of a catering establishment for the selling or dispensing of
2alcoholic liquors at functions authorized by the Department of
3Central Management Services.
4 Alcoholic liquors may be sold or delivered in a building
5that is owned by McLean County, situated on land owned by the
6county in the City of Bloomington, and used by the McLean
7County Historical Society if the sale or delivery is approved
8by an ordinance adopted by the county board, and the
9municipality in which the building is located may not prohibit
10that sale or delivery, notwithstanding any other provision of
11this Section. The regulation of the sale and delivery of
12alcoholic liquor in a building that is owned by McLean County,
13situated on land owned by the county, and used by the McLean
14County Historical Society as provided in this paragraph is an
15exclusive power and function of the State and is a denial and
16limitation under Article VII, Section 6, subsection (h) of the
17Illinois Constitution of the power of a home rule municipality
18to regulate that sale and delivery.
19 Alcoholic liquors may be sold or delivered in any building
20situated on land held in trust for any school district
21organized under Article 34 of the School Code, if the building
22is not used for school purposes and if the sale or delivery is
23approved by the board of education.
24 Alcoholic liquors may be sold or delivered in buildings
25owned by the Community Building Complex Committee of Boone
26County, Illinois if the person or facility selling or

HB5597- 1050 -LRB098 15874 AMC 50917 b
1dispensing the alcoholic liquor has provided dram shop
2liability insurance with coverage and in amounts that the
3Committee reasonably determines are necessary.
4 Alcoholic liquors may be sold or delivered in the building
5located at 1200 Centerville Avenue in Belleville, Illinois and
6occupied by either the Belleville Area Special Education
7District or the Belleville Area Special Services Cooperative.
8 Alcoholic liquors may be delivered to and sold at the Louis
9Joliet Renaissance Center, City Center Campus, located at 214
10N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
11Department facilities, Main Campus, located at 1215 Houbolt
12Road, Joliet, owned by or under the control of Joliet Junior
13College, Illinois Community College District No. 525.
14 Alcoholic liquors may be delivered to and sold at Triton
15College, Illinois Community College District No. 504.
16 Alcoholic liquors may be delivered to and sold at the
17College of DuPage, Illinois Community College District No. 502.
18 Alcoholic liquors may be delivered to and sold at the
19building located at 446 East Hickory Avenue in Apple River,
20Illinois, owned by the Apple River Fire Protection District,
21and occupied by the Apple River Community Association if the
22alcoholic liquor is sold or dispensed only in connection with
23organized functions approved by the Apple River Community
24Association for which the planned attendance is 20 or more
25persons and if the person or facility selling or dispensing the
26alcoholic liquor has provided dram shop liability insurance in

HB5597- 1051 -LRB098 15874 AMC 50917 b
1maximum limits so as to hold harmless the Apple River Fire
2Protection District, the Village of Apple River, and the Apple
3River Community Association from all financial loss, damage,
4and harm.
5 Alcoholic liquors may be delivered to and sold at the Sikia
6Restaurant, Kennedy King College Campus, located at 740 West
763rd Street, Chicago, and at the Food Services in the Great
8Hall/Washburne Culinary Institute Department facility, Kennedy
9King College Campus, located at 740 West 63rd Street, Chicago,
10owned by or under the control of City Colleges of Chicago,
11Illinois Community College District No. 508.
12(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
13eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
1497-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
153-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised
169-24-13.)
17 (235 ILCS 5/7-1) (from Ch. 43, par. 145)
18 Sec. 7-1. An applicant for a retail license from the State
19Commission shall submit to the State Commission an application
20in writing under oath stating:
21 (1) The applicant's name and mailing address;
22 (2) The name and address of the applicant's business;
23 (3) If applicable, the date of the filing of the
24 "assumed name" of the business with the County Clerk;
25 (4) In case of a copartnership, the date of the

HB5597- 1052 -LRB098 15874 AMC 50917 b
1 formation of the partnership; in the case of an Illinois
2 corporation, the date of its incorporation; or in the case
3 of a foreign corporation, the State where it was
4 incorporated and the date of its becoming qualified under
5 the Business Corporation Act of 1983 to transact business
6 in the State of Illinois;
7 (5) The number, the date of issuance and the date of
8 expiration of the applicant's current local retail liquor
9 license;
10 (6) The name of the city, village, or county that
11 issued the local retail liquor license;
12 (7) The name and address of the landlord if the
13 premises are leased;
14 (8) The date of the applicant's first request for a
15 State liquor license and whether it was granted, denied or
16 withdrawn;
17 (9) The address of the applicant when the first
18 application for a State liquor license was made;
19 (10) The applicant's current State liquor license
20 number;
21 (11) The date the applicant began liquor sales at his
22 place of business;
23 (12) The address of the applicant's warehouse if he
24 warehouses liquor;
25 (13) The applicant's Retailers' Retailer's Occupation
26 Tax (ROT) Registration Number;

HB5597- 1053 -LRB098 15874 AMC 50917 b
1 (14) The applicant's document locator locater number
2 on his Federal Special Tax Stamp;
3 (15) Whether the applicant is delinquent in the payment
4 of the Retailers' Occupation Retailer's Occupational Tax
5 (Sales Tax), and if so, the reasons therefor;
6 (16) Whether the applicant is delinquent under the cash
7 beer law, and if so, the reasons therefor;
8 (17) In the case of a retailer, whether he is
9 delinquent under the 30-day 30 day credit law, and if so,
10 the reasons therefor;
11 (18) In the case of a distributor, whether he is
12 delinquent under the 15-day 15 day credit law, and if so,
13 the reasons therefor;
14 (19) Whether the applicant has made an application for
15 a liquor license which has been denied, and if so, the
16 reasons therefor;
17 (20) Whether the applicant has ever had any previous
18 liquor license suspended or revoked, and if so, the reasons
19 therefor;
20 (21) Whether the applicant has ever been convicted of a
21 gambling offense or felony, and if so, the particulars
22 thereof;
23 (22) Whether the applicant possesses a current Federal
24 Wagering Stamp, and if so, the reasons therefor;
25 (23) Whether the applicant, or any other person,
26 directly in his place of business is a public official, and

HB5597- 1054 -LRB098 15874 AMC 50917 b
1 if so, the particulars thereof;
2 (24) The applicant's name, sex, date of birth, social
3 security number, position and percentage of ownership in
4 the business; and the name, sex, date of birth, social
5 security number, position and percentage of ownership in
6 the business of every sole owner, partner, corporate
7 officer, director, manager and any person who owns 5% or
8 more of the shares of the applicant business entity or
9 parent corporations of the applicant business entity; and
10 (25) That he has not received or borrowed money or
11 anything else of value, and that he will not receive or
12 borrow money or anything else of value (other than
13 merchandising credit in the ordinary course of business for
14 a period not to exceed 90 days as herein expressly
15 permitted under Section 6-5 hereof), directly or
16 indirectly, from any manufacturer, importing distributor
17 or distributor or from any representative of any such
18 manufacturer, importing distributor or distributor, nor be
19 a party in any way, directly or indirectly, to any
20 violation by a manufacturer, distributor or importing
21 distributor of Section 6-6 of this Act.
22 In addition to any other requirement of this Section, an
23applicant for a special use permit license and a special event
24retailer's license shall also submit (A) proof satisfactory to
25the Commission that the applicant has a resale number issued
26under Section 2c of the Retailers' Retailer's Occupation Tax

HB5597- 1055 -LRB098 15874 AMC 50917 b
1Act or that the applicant is registered under Section 2a of the
2Retailers' Retailer's Occupation Tax Act, (B) proof
3satisfactory to the Commission that the applicant has a
4current, valid exemption identification number issued under
5Section 1g of the Retailers' Occupation Tax Act and a
6certification to the Commission that the purchase of alcoholic
7liquors will be a tax-exempt purchase, or (C) a statement that
8the applicant is not registered under Section 2a of the
9Retailers' Occupation Tax Act, does not hold a resale number
10under Section 2c of the Retailers' Occupation Tax Act, and does
11not hold an exemption number under Section 1g of the Retailers'
12Occupation Tax Act. The applicant shall also submit proof of
13adequate dram shop insurance for the special event prior to
14being issued a license.
15 In addition to the foregoing information, such application
16shall contain such other and further information as the State
17Commission and the local commission may, by rule or regulation
18not inconsistent with law, prescribe.
19 If the applicant reports a felony conviction as required
20under paragraph (21) of this Section, such conviction may be
21considered by the Commission in determining qualifications for
22licensing, but shall not operate as a bar to licensing.
23 If said application is made in behalf of a partnership,
24firm, association, club or corporation, then the same shall be
25signed by one member of such partnership or the president or
26secretary of such corporation or an authorized agent of said

HB5597- 1056 -LRB098 15874 AMC 50917 b
1partnership or corporation.
2 All other applications shall be on forms prescribed by the
3State Commission, and which may exclude any of the above
4requirements which the State Commission rules to be
5inapplicable.
6(Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99;
7revised 11-12-13.)
8 Section 540. The Illinois Public Aid Code is amended by
9changing Sections 1-10, 5-5, 5-5.2, 5-5.4, 5-5f, 5A-5, 5A-8,
105A-12.4, 11-5.2, and 12-4.25 and by setting forth and
11renumbering multiple versions of Section 12-4.45 as follows:
12 (305 ILCS 5/1-10)
13 Sec. 1-10. Drug convictions.
14 (a) Persons convicted of an offense under the Illinois
15Controlled Substances Act, the Cannabis Control Act, or the
16Methamphetamine Control and Community Protection Act which is a
17Class X felony, or a Class 1 felony, or comparable federal
18criminal law which has as an element the possession, use, or
19distribution of a controlled substance, as defined in Section
20102(6) of the federal Controlled Substances Act (21 U.S.C.
21802(c)), shall not be eligible for cash assistance provided
22under this Code.
23 (b) Persons convicted of any other felony under the
24Illinois Controlled Substances Act, the Cannabis Control Act,

HB5597- 1057 -LRB098 15874 AMC 50917 b
1or the Methamphetamine Control and Community Protection Act
2which is not a Class X or Class 1 felony, or comparable federal
3criminal law which has as an element the possession, use, or
4distribution of a controlled substance, as defined in Section
5102(6) of the federal Controlled Substances Act (21 U.S.C.
6802(c)), shall not be eligible for cash assistance provided
7under this Code for 2 years from the date of conviction. This
8prohibition shall not apply if the person is in a drug
9treatment program, aftercare program, or similar program as
10defined by rule.
11 (c) Persons shall not be determined ineligible for food
12stamps provided under this Code based upon a conviction of any
13felony or comparable federal or State criminal law which has an
14element the possession, use or distribution of a controlled
15substance, as defined in Section 102(6) of the federal
16Controlled Substances Substance Act (21 U.S.C. 802(c)).
17(Source: P.A. 94-556, eff. 9-11-05; revised 11-12-13.)
18 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
19 Sec. 5-5. Medical services. The Illinois Department, by
20rule, shall determine the quantity and quality of and the rate
21of reimbursement for the medical assistance for which payment
22will be authorized, and the medical services to be provided,
23which may include all or part of the following: (1) inpatient
24hospital services; (2) outpatient hospital services; (3) other
25laboratory and X-ray services; (4) skilled nursing home

HB5597- 1058 -LRB098 15874 AMC 50917 b
1services; (5) physicians' services whether furnished in the
2office, the patient's home, a hospital, a skilled nursing home,
3or elsewhere; (6) medical care, or any other type of remedial
4care furnished by licensed practitioners; (7) home health care
5services; (8) private duty nursing service; (9) clinic
6services; (10) dental services, including prevention and
7treatment of periodontal disease and dental caries disease for
8pregnant women, provided by an individual licensed to practice
9dentistry or dental surgery; for purposes of this item (10),
10"dental services" means diagnostic, preventive, or corrective
11procedures provided by or under the supervision of a dentist in
12the practice of his or her profession; (11) physical therapy
13and related services; (12) prescribed drugs, dentures, and
14prosthetic devices; and eyeglasses prescribed by a physician
15skilled in the diseases of the eye, or by an optometrist,
16whichever the person may select; (13) other diagnostic,
17screening, preventive, and rehabilitative services, including
18to ensure that the individual's need for intervention or
19treatment of mental disorders or substance use disorders or
20co-occurring mental health and substance use disorders is
21determined using a uniform screening, assessment, and
22evaluation process inclusive of criteria, for children and
23adults; for purposes of this item (13), a uniform screening,
24assessment, and evaluation process refers to a process that
25includes an appropriate evaluation and, as warranted, a
26referral; "uniform" does not mean the use of a singular

HB5597- 1059 -LRB098 15874 AMC 50917 b
1instrument, tool, or process that all must utilize; (14)
2transportation and such other expenses as may be necessary;
3(15) medical treatment of sexual assault survivors, as defined
4in Section 1a of the Sexual Assault Survivors Emergency
5Treatment Act, for injuries sustained as a result of the sexual
6assault, including examinations and laboratory tests to
7discover evidence which may be used in criminal proceedings
8arising from the sexual assault; (16) the diagnosis and
9treatment of sickle cell anemia; and (17) any other medical
10care, and any other type of remedial care recognized under the
11laws of this State, but not including abortions, or induced
12miscarriages or premature births, unless, in the opinion of a
13physician, such procedures are necessary for the preservation
14of the life of the woman seeking such treatment, or except an
15induced premature birth intended to produce a live viable child
16and such procedure is necessary for the health of the mother or
17her unborn child. The Illinois Department, by rule, shall
18prohibit any physician from providing medical assistance to
19anyone eligible therefor under this Code where such physician
20has been found guilty of performing an abortion procedure in a
21wilful and wanton manner upon a woman who was not pregnant at
22the time such abortion procedure was performed. The term "any
23other type of remedial care" shall include nursing care and
24nursing home service for persons who rely on treatment by
25spiritual means alone through prayer for healing.
26 Notwithstanding any other provision of this Section, a

HB5597- 1060 -LRB098 15874 AMC 50917 b
1comprehensive tobacco use cessation program that includes
2purchasing prescription drugs or prescription medical devices
3approved by the Food and Drug Administration shall be covered
4under the medical assistance program under this Article for
5persons who are otherwise eligible for assistance under this
6Article.
7 Notwithstanding any other provision of this Code, the
8Illinois Department may not require, as a condition of payment
9for any laboratory test authorized under this Article, that a
10physician's handwritten signature appear on the laboratory
11test order form. The Illinois Department may, however, impose
12other appropriate requirements regarding laboratory test order
13documentation.
14 On and after July 1, 2012, the Department of Healthcare and
15Family Services may provide the following services to persons
16eligible for assistance under this Article who are
17participating in education, training or employment programs
18operated by the Department of Human Services as successor to
19the Department of Public Aid:
20 (1) dental services provided by or under the
21 supervision of a dentist; and
22 (2) eyeglasses prescribed by a physician skilled in the
23 diseases of the eye, or by an optometrist, whichever the
24 person may select.
25 Notwithstanding any other provision of this Code and
26subject to federal approval, the Department may adopt rules to

HB5597- 1061 -LRB098 15874 AMC 50917 b
1allow a dentist who is volunteering his or her service at no
2cost to render dental services through an enrolled
3not-for-profit health clinic without the dentist personally
4enrolling as a participating provider in the medical assistance
5program. A not-for-profit health clinic shall include a public
6health clinic or Federally Qualified Health Center or other
7enrolled provider, as determined by the Department, through
8which dental services covered under this Section are performed.
9The Department shall establish a process for payment of claims
10for reimbursement for covered dental services rendered under
11this provision.
12 The Illinois Department, by rule, may distinguish and
13classify the medical services to be provided only in accordance
14with the classes of persons designated in Section 5-2.
15 The Department of Healthcare and Family Services must
16provide coverage and reimbursement for amino acid-based
17elemental formulas, regardless of delivery method, for the
18diagnosis and treatment of (i) eosinophilic disorders and (ii)
19short bowel syndrome when the prescribing physician has issued
20a written order stating that the amino acid-based elemental
21formula is medically necessary.
22 The Illinois Department shall authorize the provision of,
23and shall authorize payment for, screening by low-dose
24mammography for the presence of occult breast cancer for women
2535 years of age or older who are eligible for medical
26assistance under this Article, as follows:

HB5597- 1062 -LRB098 15874 AMC 50917 b
1 (A) A baseline mammogram for women 35 to 39 years of
2 age.
3 (B) An annual mammogram for women 40 years of age or
4 older.
5 (C) A mammogram at the age and intervals considered
6 medically necessary by the woman's health care provider for
7 women under 40 years of age and having a family history of
8 breast cancer, prior personal history of breast cancer,
9 positive genetic testing, or other risk factors.
10 (D) A comprehensive ultrasound screening of an entire
11 breast or breasts if a mammogram demonstrates
12 heterogeneous or dense breast tissue, when medically
13 necessary as determined by a physician licensed to practice
14 medicine in all of its branches.
15 All screenings shall include a physical breast exam,
16instruction on self-examination and information regarding the
17frequency of self-examination and its value as a preventative
18tool. For purposes of this Section, "low-dose mammography"
19means the x-ray examination of the breast using equipment
20dedicated specifically for mammography, including the x-ray
21tube, filter, compression device, and image receptor, with an
22average radiation exposure delivery of less than one rad per
23breast for 2 views of an average size breast. The term also
24includes digital mammography.
25 On and after January 1, 2012, providers participating in a
26quality improvement program approved by the Department shall be

HB5597- 1063 -LRB098 15874 AMC 50917 b
1reimbursed for screening and diagnostic mammography at the same
2rate as the Medicare program's rates, including the increased
3reimbursement for digital mammography.
4 The Department shall convene an expert panel including
5representatives of hospitals, free-standing mammography
6facilities, and doctors, including radiologists, to establish
7quality standards.
8 Subject to federal approval, the Department shall
9establish a rate methodology for mammography at federally
10qualified health centers and other encounter-rate clinics.
11These clinics or centers may also collaborate with other
12hospital-based mammography facilities.
13 The Department shall establish a methodology to remind
14women who are age-appropriate for screening mammography, but
15who have not received a mammogram within the previous 18
16months, of the importance and benefit of screening mammography.
17 The Department shall establish a performance goal for
18primary care providers with respect to their female patients
19over age 40 receiving an annual mammogram. This performance
20goal shall be used to provide additional reimbursement in the
21form of a quality performance bonus to primary care providers
22who meet that goal.
23 The Department shall devise a means of case-managing or
24patient navigation for beneficiaries diagnosed with breast
25cancer. This program shall initially operate as a pilot program
26in areas of the State with the highest incidence of mortality

HB5597- 1064 -LRB098 15874 AMC 50917 b
1related to breast cancer. At least one pilot program site shall
2be in the metropolitan Chicago area and at least one site shall
3be outside the metropolitan Chicago area. An evaluation of the
4pilot program shall be carried out measuring health outcomes
5and cost of care for those served by the pilot program compared
6to similarly situated patients who are not served by the pilot
7program.
8 Any medical or health care provider shall immediately
9recommend, to any pregnant woman who is being provided prenatal
10services and is suspected of drug abuse or is addicted as
11defined in the Alcoholism and Other Drug Abuse and Dependency
12Act, referral to a local substance abuse treatment provider
13licensed by the Department of Human Services or to a licensed
14hospital which provides substance abuse treatment services.
15The Department of Healthcare and Family Services shall assure
16coverage for the cost of treatment of the drug abuse or
17addiction for pregnant recipients in accordance with the
18Illinois Medicaid Program in conjunction with the Department of
19Human Services.
20 All medical providers providing medical assistance to
21pregnant women under this Code shall receive information from
22the Department on the availability of services under the Drug
23Free Families with a Future or any comparable program providing
24case management services for addicted women, including
25information on appropriate referrals for other social services
26that may be needed by addicted women in addition to treatment

HB5597- 1065 -LRB098 15874 AMC 50917 b
1for addiction.
2 The Illinois Department, in cooperation with the
3Departments of Human Services (as successor to the Department
4of Alcoholism and Substance Abuse) and Public Health, through a
5public awareness campaign, may provide information concerning
6treatment for alcoholism and drug abuse and addiction, prenatal
7health care, and other pertinent programs directed at reducing
8the number of drug-affected infants born to recipients of
9medical assistance.
10 Neither the Department of Healthcare and Family Services
11nor the Department of Human Services shall sanction the
12recipient solely on the basis of her substance abuse.
13 The Illinois Department shall establish such regulations
14governing the dispensing of health services under this Article
15as it shall deem appropriate. The Department should seek the
16advice of formal professional advisory committees appointed by
17the Director of the Illinois Department for the purpose of
18providing regular advice on policy and administrative matters,
19information dissemination and educational activities for
20medical and health care providers, and consistency in
21procedures to the Illinois Department.
22 The Illinois Department may develop and contract with
23Partnerships of medical providers to arrange medical services
24for persons eligible under Section 5-2 of this Code.
25Implementation of this Section may be by demonstration projects
26in certain geographic areas. The Partnership shall be

HB5597- 1066 -LRB098 15874 AMC 50917 b
1represented by a sponsor organization. The Department, by rule,
2shall develop qualifications for sponsors of Partnerships.
3Nothing in this Section shall be construed to require that the
4sponsor organization be a medical organization.
5 The sponsor must negotiate formal written contracts with
6medical providers for physician services, inpatient and
7outpatient hospital care, home health services, treatment for
8alcoholism and substance abuse, and other services determined
9necessary by the Illinois Department by rule for delivery by
10Partnerships. Physician services must include prenatal and
11obstetrical care. The Illinois Department shall reimburse
12medical services delivered by Partnership providers to clients
13in target areas according to provisions of this Article and the
14Illinois Health Finance Reform Act, except that:
15 (1) Physicians participating in a Partnership and
16 providing certain services, which shall be determined by
17 the Illinois Department, to persons in areas covered by the
18 Partnership may receive an additional surcharge for such
19 services.
20 (2) The Department may elect to consider and negotiate
21 financial incentives to encourage the development of
22 Partnerships and the efficient delivery of medical care.
23 (3) Persons receiving medical services through
24 Partnerships may receive medical and case management
25 services above the level usually offered through the
26 medical assistance program.

HB5597- 1067 -LRB098 15874 AMC 50917 b
1 Medical providers shall be required to meet certain
2qualifications to participate in Partnerships to ensure the
3delivery of high quality medical services. These
4qualifications shall be determined by rule of the Illinois
5Department and may be higher than qualifications for
6participation in the medical assistance program. Partnership
7sponsors may prescribe reasonable additional qualifications
8for participation by medical providers, only with the prior
9written approval of the Illinois Department.
10 Nothing in this Section shall limit the free choice of
11practitioners, hospitals, and other providers of medical
12services by clients. In order to ensure patient freedom of
13choice, the Illinois Department shall immediately promulgate
14all rules and take all other necessary actions so that provided
15services may be accessed from therapeutically certified
16optometrists to the full extent of the Illinois Optometric
17Practice Act of 1987 without discriminating between service
18providers.
19 The Department shall apply for a waiver from the United
20States Health Care Financing Administration to allow for the
21implementation of Partnerships under this Section.
22 The Illinois Department shall require health care
23providers to maintain records that document the medical care
24and services provided to recipients of Medical Assistance under
25this Article. Such records must be retained for a period of not
26less than 6 years from the date of service or as provided by

HB5597- 1068 -LRB098 15874 AMC 50917 b
1applicable State law, whichever period is longer, except that
2if an audit is initiated within the required retention period
3then the records must be retained until the audit is completed
4and every exception is resolved. The Illinois Department shall
5require health care providers to make available, when
6authorized by the patient, in writing, the medical records in a
7timely fashion to other health care providers who are treating
8or serving persons eligible for Medical Assistance under this
9Article. All dispensers of medical services shall be required
10to maintain and retain business and professional records
11sufficient to fully and accurately document the nature, scope,
12details and receipt of the health care provided to persons
13eligible for medical assistance under this Code, in accordance
14with regulations promulgated by the Illinois Department. The
15rules and regulations shall require that proof of the receipt
16of prescription drugs, dentures, prosthetic devices and
17eyeglasses by eligible persons under this Section accompany
18each claim for reimbursement submitted by the dispenser of such
19medical services. No such claims for reimbursement shall be
20approved for payment by the Illinois Department without such
21proof of receipt, unless the Illinois Department shall have put
22into effect and shall be operating a system of post-payment
23audit and review which shall, on a sampling basis, be deemed
24adequate by the Illinois Department to assure that such drugs,
25dentures, prosthetic devices and eyeglasses for which payment
26is being made are actually being received by eligible

HB5597- 1069 -LRB098 15874 AMC 50917 b
1recipients. Within 90 days after the effective date of this
2amendatory Act of 1984, the Illinois Department shall establish
3a current list of acquisition costs for all prosthetic devices
4and any other items recognized as medical equipment and
5supplies reimbursable under this Article and shall update such
6list on a quarterly basis, except that the acquisition costs of
7all prescription drugs shall be updated no less frequently than
8every 30 days as required by Section 5-5.12.
9 The rules and regulations of the Illinois Department shall
10require that a written statement including the required opinion
11of a physician shall accompany any claim for reimbursement for
12abortions, or induced miscarriages or premature births. This
13statement shall indicate what procedures were used in providing
14such medical services.
15 Notwithstanding any other law to the contrary, the Illinois
16Department shall, within 365 days after July 22, 2013 (the
17effective date of Public Act 98-104) this amendatory Act of the
1898th General Assembly, establish procedures to permit skilled
19care facilities licensed under the Nursing Home Care Act to
20submit monthly billing claims for reimbursement purposes.
21Following development of these procedures, the Department
22shall have an additional 365 days to test the viability of the
23new system and to ensure that any necessary operational or
24structural changes to its information technology platforms are
25implemented.
26 The Illinois Department shall require all dispensers of

HB5597- 1070 -LRB098 15874 AMC 50917 b
1medical services, other than an individual practitioner or
2group of practitioners, desiring to participate in the Medical
3Assistance program established under this Article to disclose
4all financial, beneficial, ownership, equity, surety or other
5interests in any and all firms, corporations, partnerships,
6associations, business enterprises, joint ventures, agencies,
7institutions or other legal entities providing any form of
8health care services in this State under this Article.
9 The Illinois Department may require that all dispensers of
10medical services desiring to participate in the medical
11assistance program established under this Article disclose,
12under such terms and conditions as the Illinois Department may
13by rule establish, all inquiries from clients and attorneys
14regarding medical bills paid by the Illinois Department, which
15inquiries could indicate potential existence of claims or liens
16for the Illinois Department.
17 Enrollment of a vendor shall be subject to a provisional
18period and shall be conditional for one year. During the period
19of conditional enrollment, the Department may terminate the
20vendor's eligibility to participate in, or may disenroll the
21vendor from, the medical assistance program without cause.
22Unless otherwise specified, such termination of eligibility or
23disenrollment is not subject to the Department's hearing
24process. However, a disenrolled vendor may reapply without
25penalty.
26 The Department has the discretion to limit the conditional

HB5597- 1071 -LRB098 15874 AMC 50917 b
1enrollment period for vendors based upon category of risk of
2the vendor.
3 Prior to enrollment and during the conditional enrollment
4period in the medical assistance program, all vendors shall be
5subject to enhanced oversight, screening, and review based on
6the risk of fraud, waste, and abuse that is posed by the
7category of risk of the vendor. The Illinois Department shall
8establish the procedures for oversight, screening, and review,
9which may include, but need not be limited to: criminal and
10financial background checks; fingerprinting; license,
11certification, and authorization verifications; unscheduled or
12unannounced site visits; database checks; prepayment audit
13reviews; audits; payment caps; payment suspensions; and other
14screening as required by federal or State law.
15 The Department shall define or specify the following: (i)
16by provider notice, the "category of risk of the vendor" for
17each type of vendor, which shall take into account the level of
18screening applicable to a particular category of vendor under
19federal law and regulations; (ii) by rule or provider notice,
20the maximum length of the conditional enrollment period for
21each category of risk of the vendor; and (iii) by rule, the
22hearing rights, if any, afforded to a vendor in each category
23of risk of the vendor that is terminated or disenrolled during
24the conditional enrollment period.
25 To be eligible for payment consideration, a vendor's
26payment claim or bill, either as an initial claim or as a

HB5597- 1072 -LRB098 15874 AMC 50917 b
1resubmitted claim following prior rejection, must be received
2by the Illinois Department, or its fiscal intermediary, no
3later than 180 days after the latest date on the claim on which
4medical goods or services were provided, with the following
5exceptions:
6 (1) In the case of a provider whose enrollment is in
7 process by the Illinois Department, the 180-day period
8 shall not begin until the date on the written notice from
9 the Illinois Department that the provider enrollment is
10 complete.
11 (2) In the case of errors attributable to the Illinois
12 Department or any of its claims processing intermediaries
13 which result in an inability to receive, process, or
14 adjudicate a claim, the 180-day period shall not begin
15 until the provider has been notified of the error.
16 (3) In the case of a provider for whom the Illinois
17 Department initiates the monthly billing process.
18 (4) In the case of a provider operated by a unit of
19 local government with a population exceeding 3,000,000
20 when local government funds finance federal participation
21 for claims payments.
22 For claims for services rendered during a period for which
23a recipient received retroactive eligibility, claims must be
24filed within 180 days after the Department determines the
25applicant is eligible. For claims for which the Illinois
26Department is not the primary payer, claims must be submitted

HB5597- 1073 -LRB098 15874 AMC 50917 b
1to the Illinois Department within 180 days after the final
2adjudication by the primary payer.
3 In the case of long term care facilities, admission
4documents shall be submitted within 30 days of an admission to
5the facility through the Medical Electronic Data Interchange
6(MEDI) or the Recipient Eligibility Verification (REV) System,
7or shall be submitted directly to the Department of Human
8Services using required admission forms. Confirmation numbers
9assigned to an accepted transaction shall be retained by a
10facility to verify timely submittal. Once an admission
11transaction has been completed, all resubmitted claims
12following prior rejection are subject to receipt no later than
13180 days after the admission transaction has been completed.
14 Claims that are not submitted and received in compliance
15with the foregoing requirements shall not be eligible for
16payment under the medical assistance program, and the State
17shall have no liability for payment of those claims.
18 To the extent consistent with applicable information and
19privacy, security, and disclosure laws, State and federal
20agencies and departments shall provide the Illinois Department
21access to confidential and other information and data necessary
22to perform eligibility and payment verifications and other
23Illinois Department functions. This includes, but is not
24limited to: information pertaining to licensure;
25certification; earnings; immigration status; citizenship; wage
26reporting; unearned and earned income; pension income;

HB5597- 1074 -LRB098 15874 AMC 50917 b
1employment; supplemental security income; social security
2numbers; National Provider Identifier (NPI) numbers; the
3National Practitioner Data Bank (NPDB); program and agency
4exclusions; taxpayer identification numbers; tax delinquency;
5corporate information; and death records.
6 The Illinois Department shall enter into agreements with
7State agencies and departments, and is authorized to enter into
8agreements with federal agencies and departments, under which
9such agencies and departments shall share data necessary for
10medical assistance program integrity functions and oversight.
11The Illinois Department shall develop, in cooperation with
12other State departments and agencies, and in compliance with
13applicable federal laws and regulations, appropriate and
14effective methods to share such data. At a minimum, and to the
15extent necessary to provide data sharing, the Illinois
16Department shall enter into agreements with State agencies and
17departments, and is authorized to enter into agreements with
18federal agencies and departments, including but not limited to:
19the Secretary of State; the Department of Revenue; the
20Department of Public Health; the Department of Human Services;
21and the Department of Financial and Professional Regulation.
22 Beginning in fiscal year 2013, the Illinois Department
23shall set forth a request for information to identify the
24benefits of a pre-payment, post-adjudication, and post-edit
25claims system with the goals of streamlining claims processing
26and provider reimbursement, reducing the number of pending or

HB5597- 1075 -LRB098 15874 AMC 50917 b
1rejected claims, and helping to ensure a more transparent
2adjudication process through the utilization of: (i) provider
3data verification and provider screening technology; and (ii)
4clinical code editing; and (iii) pre-pay, pre- or
5post-adjudicated predictive modeling with an integrated case
6management system with link analysis. Such a request for
7information shall not be considered as a request for proposal
8or as an obligation on the part of the Illinois Department to
9take any action or acquire any products or services.
10 The Illinois Department shall establish policies,
11procedures, standards and criteria by rule for the acquisition,
12repair and replacement of orthotic and prosthetic devices and
13durable medical equipment. Such rules shall provide, but not be
14limited to, the following services: (1) immediate repair or
15replacement of such devices by recipients; and (2) rental,
16lease, purchase or lease-purchase of durable medical equipment
17in a cost-effective manner, taking into consideration the
18recipient's medical prognosis, the extent of the recipient's
19needs, and the requirements and costs for maintaining such
20equipment. Subject to prior approval, such rules shall enable a
21recipient to temporarily acquire and use alternative or
22substitute devices or equipment pending repairs or
23replacements of any device or equipment previously authorized
24for such recipient by the Department.
25 The Department shall execute, relative to the nursing home
26prescreening project, written inter-agency agreements with the

HB5597- 1076 -LRB098 15874 AMC 50917 b
1Department of Human Services and the Department on Aging, to
2effect the following: (i) intake procedures and common
3eligibility criteria for those persons who are receiving
4non-institutional services; and (ii) the establishment and
5development of non-institutional services in areas of the State
6where they are not currently available or are undeveloped; and
7(iii) notwithstanding any other provision of law, subject to
8federal approval, on and after July 1, 2012, an increase in the
9determination of need (DON) scores from 29 to 37 for applicants
10for institutional and home and community-based long term care;
11if and only if federal approval is not granted, the Department
12may, in conjunction with other affected agencies, implement
13utilization controls or changes in benefit packages to
14effectuate a similar savings amount for this population; and
15(iv) no later than July 1, 2013, minimum level of care
16eligibility criteria for institutional and home and
17community-based long term care; and (v) no later than October
181, 2013, establish procedures to permit long term care
19providers access to eligibility scores for individuals with an
20admission date who are seeking or receiving services from the
21long term care provider. In order to select the minimum level
22of care eligibility criteria, the Governor shall establish a
23workgroup that includes affected agency representatives and
24stakeholders representing the institutional and home and
25community-based long term care interests. This Section shall
26not restrict the Department from implementing lower level of

HB5597- 1077 -LRB098 15874 AMC 50917 b
1care eligibility criteria for community-based services in
2circumstances where federal approval has been granted.
3 The Illinois Department shall develop and operate, in
4cooperation with other State Departments and agencies and in
5compliance with applicable federal laws and regulations,
6appropriate and effective systems of health care evaluation and
7programs for monitoring of utilization of health care services
8and facilities, as it affects persons eligible for medical
9assistance under this Code.
10 The Illinois Department shall report annually to the
11General Assembly, no later than the second Friday in April of
121979 and each year thereafter, in regard to:
13 (a) actual statistics and trends in utilization of
14 medical services by public aid recipients;
15 (b) actual statistics and trends in the provision of
16 the various medical services by medical vendors;
17 (c) current rate structures and proposed changes in
18 those rate structures for the various medical vendors; and
19 (d) efforts at utilization review and control by the
20 Illinois Department.
21 The period covered by each report shall be the 3 years
22ending on the June 30 prior to the report. The report shall
23include suggested legislation for consideration by the General
24Assembly. The filing of one copy of the report with the
25Speaker, one copy with the Minority Leader and one copy with
26the Clerk of the House of Representatives, one copy with the

HB5597- 1078 -LRB098 15874 AMC 50917 b
1President, one copy with the Minority Leader and one copy with
2the Secretary of the Senate, one copy with the Legislative
3Research Unit, and such additional copies with the State
4Government Report Distribution Center for the General Assembly
5as is required under paragraph (t) of Section 7 of the State
6Library Act shall be deemed sufficient to comply with this
7Section.
8 Rulemaking authority to implement Public Act 95-1045, if
9any, is conditioned on the rules being adopted in accordance
10with all provisions of the Illinois Administrative Procedure
11Act and all rules and procedures of the Joint Committee on
12Administrative Rules; any purported rule not so adopted, for
13whatever reason, is unauthorized.
14 On and after July 1, 2012, the Department shall reduce any
15rate of reimbursement for services or other payments or alter
16any methodologies authorized by this Code to reduce any rate of
17reimbursement for services or other payments in accordance with
18Section 5-5e.
19(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,
20eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section
219-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.
227-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; revised
239-19-13.)
24 (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
25 Sec. 5-5.2. Payment.

HB5597- 1079 -LRB098 15874 AMC 50917 b
1 (a) All nursing facilities that are grouped pursuant to
2Section 5-5.1 of this Act shall receive the same rate of
3payment for similar services.
4 (b) It shall be a matter of State policy that the Illinois
5Department shall utilize a uniform billing cycle throughout the
6State for the long-term care providers.
7 (c) Notwithstanding any other provisions of this Code, the
8methodologies for reimbursement of nursing services as
9provided under this Article shall no longer be applicable for
10bills payable for nursing services rendered on or after a new
11reimbursement system based on the Resource Utilization Groups
12(RUGs) has been fully operationalized, which shall take effect
13for services provided on or after January 1, 2014.
14 (d) The new nursing services reimbursement methodology
15utilizing RUG-IV 48 grouper model, which shall be referred to
16as the RUGs reimbursement system, taking effect January 1,
172014, shall be based on the following:
18 (1) The methodology shall be resident-driven,
19 facility-specific, and cost-based.
20 (2) Costs shall be annually rebased and case mix index
21 quarterly updated. The nursing services methodology will
22 be assigned to the Medicaid enrolled residents on record as
23 of 30 days prior to the beginning of the rate period in the
24 Department's Medicaid Management Information System (MMIS)
25 as present on the last day of the second quarter preceding
26 the rate period.

HB5597- 1080 -LRB098 15874 AMC 50917 b
1 (3) Regional wage adjustors based on the Health Service
2 Areas (HSA) groupings and adjusters in effect on April 30,
3 2012 shall be included.
4 (4) Case mix index shall be assigned to each resident
5 class based on the Centers for Medicare and Medicaid
6 Services staff time measurement study in effect on July 1,
7 2013, utilizing an index maximization approach.
8 (5) The pool of funds available for distribution by
9 case mix and the base facility rate shall be determined
10 using the formula contained in subsection (d-1).
11 (d-1) Calculation of base year Statewide RUG-IV nursing
12base per diem rate.
13 (1) Base rate spending pool shall be:
14 (A) The base year resident days which are
15 calculated by multiplying the number of Medicaid
16 residents in each nursing home as indicated in the MDS
17 data defined in paragraph (4) by 365.
18 (B) Each facility's nursing component per diem in
19 effect on July 1, 2012 shall be multiplied by
20 subsection (A).
21 (C) Thirteen million is added to the product of
22 subparagraph (A) and subparagraph (B) to adjust for the
23 exclusion of nursing homes defined in paragraph (5).
24 (2) For each nursing home with Medicaid residents as
25 indicated by the MDS data defined in paragraph (4),
26 weighted days adjusted for case mix and regional wage

HB5597- 1081 -LRB098 15874 AMC 50917 b
1 adjustment shall be calculated. For each home this
2 calculation is the product of:
3 (A) Base year resident days as calculated in
4 subparagraph (A) of paragraph (1).
5 (B) The nursing home's regional wage adjustor
6 based on the Health Service Areas (HSA) groupings and
7 adjustors in effect on April 30, 2012.
8 (C) Facility weighted case mix which is the number
9 of Medicaid residents as indicated by the MDS data
10 defined in paragraph (4) multiplied by the associated
11 case weight for the RUG-IV 48 grouper model using
12 standard RUG-IV procedures for index maximization.
13 (D) The sum of the products calculated for each
14 nursing home in subparagraphs (A) through (C) above
15 shall be the base year case mix, rate adjusted weighted
16 days.
17 (3) The Statewide RUG-IV nursing base per diem rate on
18 January 1, 2014 shall be the quotient of the paragraph (1)
19 divided by the sum calculated under subparagraph (D) of
20 paragraph (2).
21 (4) Minimum Data Set (MDS) comprehensive assessments
22 for Medicaid residents on the last day of the quarter used
23 to establish the base rate.
24 (5) Nursing facilities designated as of July 1, 2012 by
25 the Department as "Institutions for Mental Disease" shall
26 be excluded from all calculations under this subsection.

HB5597- 1082 -LRB098 15874 AMC 50917 b
1 The data from these facilities shall not be used in the
2 computations described in paragraphs (1) through (4) above
3 to establish the base rate.
4 (e) Notwithstanding any other provision of this Code, the
5Department shall by rule develop a reimbursement methodology
6reflective of the intensity of care and services requirements
7of low need residents in the lowest RUG IV groupers and
8corresponding regulations. Only that portion of the RUGs
9Reimbursement System spending pool described in subsection
10(d-1) attributed to the groupers as of July 1, 2013 for which
11the methodology in this Section is developed may be diverted
12for this purpose. The Department shall submit the rules no
13later than January 1, 2014 for an implementation date no later
14than January 1, 2015. If the Department does not implement this
15reimbursement methodology by the required date, the nursing
16component per diem on January 1, 2015 for residents classified
17in RUG-IV groups PA1, PA2, BA1, and BA2 shall be the blended
18rate of the calculated RUG-IV nursing component per diem and
19the nursing component per diem in effect on July 1, 2012. This
20blended rate shall be applied only to nursing homes whose
21resident population is greater than or equal to 70% of the
22total residents served and whose RUG-IV nursing component per
23diem rate is less than the nursing component per diem in effect
24on July 1, 2012. This blended rate shall be in effect until the
25reimbursement methodology is implemented or until July 1, 2019,
26whichever is sooner.

HB5597- 1083 -LRB098 15874 AMC 50917 b
1 (e-1) Notwithstanding any other provision of this Article,
2rates established pursuant to this subsection shall not apply
3to any and all nursing facilities designated by the Department
4as "Institutions for Mental Disease" and shall be excluded from
5the RUGs Reimbursement System applicable to facilities not
6designated as "Institutions for the Mentally Diseased" by the
7Department.
8 (e-2) For dates of services beginning January 1, 2014, the
9RUG-IV nursing component per diem for a nursing home shall be
10the product of the statewide RUG-IV nursing base per diem rate,
11the facility average case mix index, and the regional wage
12adjustor. Transition rates for services provided between
13January 1, 2014 and December 31, 2014 shall be as follows:
14 (1) The transition RUG-IV per diem nursing rate for
15 nursing homes whose rate calculated in this subsection
16 (e-2) is greater than the nursing component rate in effect
17 July 1, 2012 shall be paid the sum of:
18 (A) The nursing component rate in effect July 1,
19 2012; plus
20 (B) The difference of the RUG-IV nursing component
21 per diem calculated for the current quarter minus the
22 nursing component rate in effect July 1, 2012
23 multiplied by 0.88.
24 (2) The transition RUG-IV per diem nursing rate for
25 nursing homes whose rate calculated in this subsection
26 (e-2) is less than the nursing component rate in effect

HB5597- 1084 -LRB098 15874 AMC 50917 b
1 July 1, 2012 shall be paid the sum of:
2 (A) The nursing component rate in effect July 1,
3 2012; plus
4 (B) The difference of the RUG-IV nursing component
5 per diem calculated for the current quarter minus the
6 nursing component rate in effect July 1, 2012
7 multiplied by 0.13.
8 (f) Notwithstanding any other provision of this Code, on
9and after July 1, 2012, reimbursement rates associated with the
10nursing or support components of the current nursing facility
11rate methodology shall not increase beyond the level effective
12May 1, 2011 until a new reimbursement system based on the RUGs
13IV 48 grouper model has been fully operationalized.
14 (g) Notwithstanding any other provision of this Code, on
15and after July 1, 2012, for facilities not designated by the
16Department of Healthcare and Family Services as "Institutions
17for Mental Disease", rates effective May 1, 2011 shall be
18adjusted as follows:
19 (1) Individual nursing rates for residents classified
20 in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter
21 ending March 31, 2012 shall be reduced by 10%;
22 (2) Individual nursing rates for residents classified
23 in all other RUG IV groups shall be reduced by 1.0%;
24 (3) Facility rates for the capital and support
25 components shall be reduced by 1.7%.
26 (h) Notwithstanding any other provision of this Code, on

HB5597- 1085 -LRB098 15874 AMC 50917 b
1and after July 1, 2012, nursing facilities designated by the
2Department of Healthcare and Family Services as "Institutions
3for Mental Disease" and "Institutions for Mental Disease" that
4are facilities licensed under the Specialized Mental Health
5Rehabilitation Act of 2013 shall have the nursing,
6socio-developmental, capital, and support components of their
7reimbursement rate effective May 1, 2011 reduced in total by
82.7%.
9(Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section
106-240, eff. 7-22-13; 98-104, Article 11, Section 11-35, eff.
117-22-13; revised 9-19-13.)
12 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
13 Sec. 5-5.4. Standards of Payment - Department of Healthcare
14and Family Services. The Department of Healthcare and Family
15Services shall develop standards of payment of nursing facility
16and ICF/DD services in facilities providing such services under
17this Article which:
18 (1) Provide for the determination of a facility's payment
19for nursing facility or ICF/DD services on a prospective basis.
20The amount of the payment rate for all nursing facilities
21certified by the Department of Public Health under the ID/DD
22Community Care Act or the Nursing Home Care Act as Intermediate
23Care for the Developmentally Disabled facilities, Long Term
24Care for Under Age 22 facilities, Skilled Nursing facilities,
25or Intermediate Care facilities under the medical assistance

HB5597- 1086 -LRB098 15874 AMC 50917 b
1program shall be prospectively established annually on the
2basis of historical, financial, and statistical data
3reflecting actual costs from prior years, which shall be
4applied to the current rate year and updated for inflation,
5except that the capital cost element for newly constructed
6facilities shall be based upon projected budgets. The annually
7established payment rate shall take effect on July 1 in 1984
8and subsequent years. No rate increase and no update for
9inflation shall be provided on or after July 1, 1994, unless
10specifically provided for in this Section. The changes made by
11Public Act 93-841 extending the duration of the prohibition
12against a rate increase or update for inflation are effective
13retroactive to July 1, 2004.
14 For facilities licensed by the Department of Public Health
15under the Nursing Home Care Act as Intermediate Care for the
16Developmentally Disabled facilities or Long Term Care for Under
17Age 22 facilities, the rates taking effect on July 1, 1998
18shall include an increase of 3%. For facilities licensed by the
19Department of Public Health under the Nursing Home Care Act as
20Skilled Nursing facilities or Intermediate Care facilities,
21the rates taking effect on July 1, 1998 shall include an
22increase of 3% plus $1.10 per resident-day, as defined by the
23Department. For facilities licensed by the Department of Public
24Health under the Nursing Home Care Act as Intermediate Care
25Facilities for the Developmentally Disabled or Long Term Care
26for Under Age 22 facilities, the rates taking effect on January

HB5597- 1087 -LRB098 15874 AMC 50917 b
11, 2006 shall include an increase of 3%. For facilities
2licensed by the Department of Public Health under the Nursing
3Home Care Act as Intermediate Care Facilities for the
4Developmentally Disabled or Long Term Care for Under Age 22
5facilities, the rates taking effect on January 1, 2009 shall
6include an increase sufficient to provide a $0.50 per hour wage
7increase for non-executive staff.
8 For facilities licensed by the Department of Public Health
9under the Nursing Home Care Act as Intermediate Care for the
10Developmentally Disabled facilities or Long Term Care for Under
11Age 22 facilities, the rates taking effect on July 1, 1999
12shall include an increase of 1.6% plus $3.00 per resident-day,
13as defined by the Department. For facilities licensed by the
14Department of Public Health under the Nursing Home Care Act as
15Skilled Nursing facilities or Intermediate Care facilities,
16the rates taking effect on July 1, 1999 shall include an
17increase of 1.6% and, for services provided on or after October
181, 1999, shall be increased by $4.00 per resident-day, as
19defined by the Department.
20 For facilities licensed by the Department of Public Health
21under the Nursing Home Care Act as Intermediate Care for the
22Developmentally Disabled facilities or Long Term Care for Under
23Age 22 facilities, the rates taking effect on July 1, 2000
24shall include an increase of 2.5% per resident-day, as defined
25by the Department. For facilities licensed by the Department of
26Public Health under the Nursing Home Care Act as Skilled

HB5597- 1088 -LRB098 15874 AMC 50917 b
1Nursing facilities or Intermediate Care facilities, the rates
2taking effect on July 1, 2000 shall include an increase of 2.5%
3per resident-day, as defined by the Department.
4 For facilities licensed by the Department of Public Health
5under the Nursing Home Care Act as skilled nursing facilities
6or intermediate care facilities, a new payment methodology must
7be implemented for the nursing component of the rate effective
8July 1, 2003. The Department of Public Aid (now Healthcare and
9Family Services) shall develop the new payment methodology
10using the Minimum Data Set (MDS) as the instrument to collect
11information concerning nursing home resident condition
12necessary to compute the rate. The Department shall develop the
13new payment methodology to meet the unique needs of Illinois
14nursing home residents while remaining subject to the
15appropriations provided by the General Assembly. A transition
16period from the payment methodology in effect on June 30, 2003
17to the payment methodology in effect on July 1, 2003 shall be
18provided for a period not exceeding 3 years and 184 days after
19implementation of the new payment methodology as follows:
20 (A) For a facility that would receive a lower nursing
21 component rate per patient day under the new system than
22 the facility received effective on the date immediately
23 preceding the date that the Department implements the new
24 payment methodology, the nursing component rate per
25 patient day for the facility shall be held at the level in
26 effect on the date immediately preceding the date that the

HB5597- 1089 -LRB098 15874 AMC 50917 b
1 Department implements the new payment methodology until a
2 higher nursing component rate of reimbursement is achieved
3 by that facility.
4 (B) For a facility that would receive a higher nursing
5 component rate per patient day under the payment
6 methodology in effect on July 1, 2003 than the facility
7 received effective on the date immediately preceding the
8 date that the Department implements the new payment
9 methodology, the nursing component rate per patient day for
10 the facility shall be adjusted.
11 (C) Notwithstanding paragraphs (A) and (B), the
12 nursing component rate per patient day for the facility
13 shall be adjusted subject to appropriations provided by the
14 General Assembly.
15 For facilities licensed by the Department of Public Health
16under the Nursing Home Care Act as Intermediate Care for the
17Developmentally Disabled facilities or Long Term Care for Under
18Age 22 facilities, the rates taking effect on March 1, 2001
19shall include a statewide increase of 7.85%, as defined by the
20Department.
21 Notwithstanding any other provision of this Section, for
22facilities licensed by the Department of Public Health under
23the Nursing Home Care Act as skilled nursing facilities or
24intermediate care facilities, except facilities participating
25in the Department's demonstration program pursuant to the
26provisions of Title 77, Part 300, Subpart T of the Illinois

HB5597- 1090 -LRB098 15874 AMC 50917 b
1Administrative Code, the numerator of the ratio used by the
2Department of Healthcare and Family Services to compute the
3rate payable under this Section using the Minimum Data Set
4(MDS) methodology shall incorporate the following annual
5amounts as the additional funds appropriated to the Department
6specifically to pay for rates based on the MDS nursing
7component methodology in excess of the funding in effect on
8December 31, 2006:
9 (i) For rates taking effect January 1, 2007,
10 $60,000,000.
11 (ii) For rates taking effect January 1, 2008,
12 $110,000,000.
13 (iii) For rates taking effect January 1, 2009,
14 $194,000,000.
15 (iv) For rates taking effect April 1, 2011, or the
16 first day of the month that begins at least 45 days after
17 the effective date of this amendatory Act of the 96th
18 General Assembly, $416,500,000 or an amount as may be
19 necessary to complete the transition to the MDS methodology
20 for the nursing component of the rate. Increased payments
21 under this item (iv) are not due and payable, however,
22 until (i) the methodologies described in this paragraph are
23 approved by the federal government in an appropriate State
24 Plan amendment and (ii) the assessment imposed by Section
25 5B-2 of this Code is determined to be a permissible tax
26 under Title XIX of the Social Security Act.

HB5597- 1091 -LRB098 15874 AMC 50917 b
1 Notwithstanding any other provision of this Section, for
2facilities licensed by the Department of Public Health under
3the Nursing Home Care Act as skilled nursing facilities or
4intermediate care facilities, the support component of the
5rates taking effect on January 1, 2008 shall be computed using
6the most recent cost reports on file with the Department of
7Healthcare and Family Services no later than April 1, 2005,
8updated for inflation to January 1, 2006.
9 For facilities licensed by the Department of Public Health
10under the Nursing Home Care Act as Intermediate Care for the
11Developmentally Disabled facilities or Long Term Care for Under
12Age 22 facilities, the rates taking effect on April 1, 2002
13shall include a statewide increase of 2.0%, as defined by the
14Department. This increase terminates on July 1, 2002; beginning
15July 1, 2002 these rates are reduced to the level of the rates
16in effect on March 31, 2002, as defined by the Department.
17 For facilities licensed by the Department of Public Health
18under the Nursing Home Care Act as skilled nursing facilities
19or intermediate care facilities, the rates taking effect on
20July 1, 2001 shall be computed using the most recent cost
21reports on file with the Department of Public Aid no later than
22April 1, 2000, updated for inflation to January 1, 2001. For
23rates effective July 1, 2001 only, rates shall be the greater
24of the rate computed for July 1, 2001 or the rate effective on
25June 30, 2001.
26 Notwithstanding any other provision of this Section, for

HB5597- 1092 -LRB098 15874 AMC 50917 b
1facilities licensed by the Department of Public Health under
2the Nursing Home Care Act as skilled nursing facilities or
3intermediate care facilities, the Illinois Department shall
4determine by rule the rates taking effect on July 1, 2002,
5which shall be 5.9% less than the rates in effect on June 30,
62002.
7 Notwithstanding any other provision of this Section, for
8facilities licensed by the Department of Public Health under
9the Nursing Home Care Act as skilled nursing facilities or
10intermediate care facilities, if the payment methodologies
11required under Section 5A-12 and the waiver granted under 42
12CFR 433.68 are approved by the United States Centers for
13Medicare and Medicaid Services, the rates taking effect on July
141, 2004 shall be 3.0% greater than the rates in effect on June
1530, 2004. These rates shall take effect only upon approval and
16implementation of the payment methodologies required under
17Section 5A-12.
18 Notwithstanding any other provisions of this Section, for
19facilities licensed by the Department of Public Health under
20the Nursing Home Care Act as skilled nursing facilities or
21intermediate care facilities, the rates taking effect on
22January 1, 2005 shall be 3% more than the rates in effect on
23December 31, 2004.
24 Notwithstanding any other provision of this Section, for
25facilities licensed by the Department of Public Health under
26the Nursing Home Care Act as skilled nursing facilities or

HB5597- 1093 -LRB098 15874 AMC 50917 b
1intermediate care facilities, effective January 1, 2009, the
2per diem support component of the rates effective on January 1,
32008, computed using the most recent cost reports on file with
4the Department of Healthcare and Family Services no later than
5April 1, 2005, updated for inflation to January 1, 2006, shall
6be increased to the amount that would have been derived using
7standard Department of Healthcare and Family Services methods,
8procedures, and inflators.
9 Notwithstanding any other provisions of this Section, for
10facilities licensed by the Department of Public Health under
11the Nursing Home Care Act as intermediate care facilities that
12are federally defined as Institutions for Mental Disease, or
13facilities licensed by the Department of Public Health under
14the Specialized Mental Health Rehabilitation Act of 2013, a
15socio-development component rate equal to 6.6% of the
16facility's nursing component rate as of January 1, 2006 shall
17be established and paid effective July 1, 2006. The
18socio-development component of the rate shall be increased by a
19factor of 2.53 on the first day of the month that begins at
20least 45 days after January 11, 2008 (the effective date of
21Public Act 95-707). As of August 1, 2008, the socio-development
22component rate shall be equal to 6.6% of the facility's nursing
23component rate as of January 1, 2006, multiplied by a factor of
243.53. For services provided on or after April 1, 2011, or the
25first day of the month that begins at least 45 days after the
26effective date of this amendatory Act of the 96th General

HB5597- 1094 -LRB098 15874 AMC 50917 b
1Assembly, whichever is later, the Illinois Department may by
2rule adjust these socio-development component rates, and may
3use different adjustment methodologies for those facilities
4participating, and those not participating, in the Illinois
5Department's demonstration program pursuant to the provisions
6of Title 77, Part 300, Subpart T of the Illinois Administrative
7Code, but in no case may such rates be diminished below those
8in effect on August 1, 2008.
9 For facilities licensed by the Department of Public Health
10under the Nursing Home Care Act as Intermediate Care for the
11Developmentally Disabled facilities or as long-term care
12facilities for residents under 22 years of age, the rates
13taking effect on July 1, 2003 shall include a statewide
14increase of 4%, as defined by the Department.
15 For facilities licensed by the Department of Public Health
16under the Nursing Home Care Act as Intermediate Care for the
17Developmentally Disabled facilities or Long Term Care for Under
18Age 22 facilities, the rates taking effect on the first day of
19the month that begins at least 45 days after the effective date
20of this amendatory Act of the 95th General Assembly shall
21include a statewide increase of 2.5%, as defined by the
22Department.
23 Notwithstanding any other provision of this Section, for
24facilities licensed by the Department of Public Health under
25the Nursing Home Care Act as skilled nursing facilities or
26intermediate care facilities, effective January 1, 2005,

HB5597- 1095 -LRB098 15874 AMC 50917 b
1facility rates shall be increased by the difference between (i)
2a facility's per diem property, liability, and malpractice
3insurance costs as reported in the cost report filed with the
4Department of Public Aid and used to establish rates effective
5July 1, 2001 and (ii) those same costs as reported in the
6facility's 2002 cost report. These costs shall be passed
7through to the facility without caps or limitations, except for
8adjustments required under normal auditing procedures.
9 Rates established effective each July 1 shall govern
10payment for services rendered throughout that fiscal year,
11except that rates established on July 1, 1996 shall be
12increased by 6.8% for services provided on or after January 1,
131997. Such rates will be based upon the rates calculated for
14the year beginning July 1, 1990, and for subsequent years
15thereafter until June 30, 2001 shall be based on the facility
16cost reports for the facility fiscal year ending at any point
17in time during the previous calendar year, updated to the
18midpoint of the rate year. The cost report shall be on file
19with the Department no later than April 1 of the current rate
20year. Should the cost report not be on file by April 1, the
21Department shall base the rate on the latest cost report filed
22by each skilled care facility and intermediate care facility,
23updated to the midpoint of the current rate year. In
24determining rates for services rendered on and after July 1,
251985, fixed time shall not be computed at less than zero. The
26Department shall not make any alterations of regulations which

HB5597- 1096 -LRB098 15874 AMC 50917 b
1would reduce any component of the Medicaid rate to a level
2below what that component would have been utilizing in the rate
3effective on July 1, 1984.
4 (2) Shall take into account the actual costs incurred by
5facilities in providing services for recipients of skilled
6nursing and intermediate care services under the medical
7assistance program.
8 (3) Shall take into account the medical and psycho-social
9characteristics and needs of the patients.
10 (4) Shall take into account the actual costs incurred by
11facilities in meeting licensing and certification standards
12imposed and prescribed by the State of Illinois, any of its
13political subdivisions or municipalities and by the U.S.
14Department of Health and Human Services pursuant to Title XIX
15of the Social Security Act.
16 The Department of Healthcare and Family Services shall
17develop precise standards for payments to reimburse nursing
18facilities for any utilization of appropriate rehabilitative
19personnel for the provision of rehabilitative services which is
20authorized by federal regulations, including reimbursement for
21services provided by qualified therapists or qualified
22assistants, and which is in accordance with accepted
23professional practices. Reimbursement also may be made for
24utilization of other supportive personnel under appropriate
25supervision.
26 The Department shall develop enhanced payments to offset

HB5597- 1097 -LRB098 15874 AMC 50917 b
1the additional costs incurred by a facility serving exceptional
2need residents and shall allocate at least $4,000,000 of the
3funds collected from the assessment established by Section 5B-2
4of this Code for such payments. For the purpose of this
5Section, "exceptional needs" means, but need not be limited to,
6ventilator care and traumatic brain injury care. The enhanced
7payments for exceptional need residents under this paragraph
8are not due and payable, however, until (i) the methodologies
9described in this paragraph are approved by the federal
10government in an appropriate State Plan amendment and (ii) the
11assessment imposed by Section 5B-2 of this Code is determined
12to be a permissible tax under Title XIX of the Social Security
13Act.
14 Beginning January 1, 2014 the methodologies for
15reimbursement of nursing facility services as provided under
16this Section 5-5.4 shall no longer be applicable for services
17provided on or after January 1, 2014.
18 No payment increase under this Section for the MDS
19methodology, exceptional care residents, or the
20socio-development component rate established by Public Act
2196-1530 of the 96th General Assembly and funded by the
22assessment imposed under Section 5B-2 of this Code shall be due
23and payable until after the Department notifies the long-term
24care providers, in writing, that the payment methodologies to
25long-term care providers required under this Section have been
26approved by the Centers for Medicare and Medicaid Services of

HB5597- 1098 -LRB098 15874 AMC 50917 b
1the U.S. Department of Health and Human Services and the
2waivers under 42 CFR 433.68 for the assessment imposed by this
3Section, if necessary, have been granted by the Centers for
4Medicare and Medicaid Services of the U.S. Department of Health
5and Human Services. Upon notification to the Department of
6approval of the payment methodologies required under this
7Section and the waivers granted under 42 CFR 433.68, all
8increased payments otherwise due under this Section prior to
9the date of notification shall be due and payable within 90
10days of the date federal approval is received.
11 On and after July 1, 2012, the Department shall reduce any
12rate of reimbursement for services or other payments or alter
13any methodologies authorized by this Code to reduce any rate of
14reimbursement for services or other payments in accordance with
15Section 5-5e.
16(Source: P.A. 97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227,
17eff. 1-1-12; 97-584, eff. 8-26-11; 97-689, eff. 6-14-12;
1897-813, eff. 7-13-12; 98-24, eff. 6-19-13; 98-104, eff.
197-22-13; revised 9-19-13.)
20 (305 ILCS 5/5-5f)
21 Sec. 5-5f. Elimination and limitations of medical
22assistance services. Notwithstanding any other provision of
23this Code to the contrary, on and after July 1, 2012:
24 (a) The following services shall no longer be a covered
25service available under this Code: group psychotherapy for

HB5597- 1099 -LRB098 15874 AMC 50917 b
1residents of any facility licensed under the Nursing Home Care
2Act or the Specialized Mental Health Rehabilitation Act of
32013; and adult chiropractic services.
4 (b) The Department shall place the following limitations on
5services: (i) the Department shall limit adult eyeglasses to
6one pair every 2 years; (ii) the Department shall set an annual
7limit of a maximum of 20 visits for each of the following
8services: adult speech, hearing, and language therapy
9services, adult occupational therapy services, and physical
10therapy services; (iii) the Department shall limit adult
11podiatry services to individuals with diabetes; (iv) the
12Department shall pay for caesarean sections at the normal
13vaginal delivery rate unless a caesarean section was medically
14necessary; (v) the Department shall limit adult dental services
15to emergencies; beginning July 1, 2013, the Department shall
16ensure that the following conditions are recognized as
17emergencies: (A) dental services necessary for an individual in
18order for the individual to be cleared for a medical procedure,
19such as a transplant; (B) extractions and dentures necessary
20for a diabetic to receive proper nutrition; (C) extractions and
21dentures necessary as a result of cancer treatment; and (D)
22dental services necessary for the health of a pregnant woman
23prior to delivery of her baby; and (vi) effective July 1, 2012,
24the Department shall place limitations and require concurrent
25review on every inpatient detoxification stay to prevent repeat
26admissions to any hospital for detoxification within 60 days of

HB5597- 1100 -LRB098 15874 AMC 50917 b
1a previous inpatient detoxification stay. The Department shall
2convene a workgroup of hospitals, substance abuse providers,
3care coordination entities, managed care plans, and other
4stakeholders to develop recommendations for quality standards,
5diversion to other settings, and admission criteria for
6patients who need inpatient detoxification, which shall be
7published on the Department's website no later than September
81, 2013.
9 (c) The Department shall require prior approval of the
10following services: wheelchair repairs costing more than $400,
11coronary artery bypass graft, and bariatric surgery consistent
12with Medicare standards concerning patient responsibility.
13Wheelchair repair prior approval requests shall be adjudicated
14within one business day of receipt of complete supporting
15documentation. Providers may not break wheelchair repairs into
16separate claims for purposes of staying under the $400
17threshold for requiring prior approval. The wholesale price of
18manual and power wheelchairs, durable medical equipment and
19supplies, and complex rehabilitation technology products and
20services shall be defined as actual acquisition cost including
21all discounts.
22 (d) The Department shall establish benchmarks for
23hospitals to measure and align payments to reduce potentially
24preventable hospital readmissions, inpatient complications,
25and unnecessary emergency room visits. In doing so, the
26Department shall consider items, including, but not limited to,

HB5597- 1101 -LRB098 15874 AMC 50917 b
1historic and current acuity of care and historic and current
2trends in readmission. The Department shall publish
3provider-specific historical readmission data and anticipated
4potentially preventable targets 60 days prior to the start of
5the program. In the instance of readmissions, the Department
6shall adopt policies and rates of reimbursement for services
7and other payments provided under this Code to ensure that, by
8June 30, 2013, expenditures to hospitals are reduced by, at a
9minimum, $40,000,000.
10 (e) The Department shall establish utilization controls
11for the hospice program such that it shall not pay for other
12care services when an individual is in hospice.
13 (f) For home health services, the Department shall require
14Medicare certification of providers participating in the
15program and implement the Medicare face-to-face encounter
16rule. The Department shall require providers to implement
17auditable electronic service verification based on global
18positioning systems or other cost-effective technology.
19 (g) For the Home Services Program operated by the
20Department of Human Services and the Community Care Program
21operated by the Department on Aging, the Department of Human
22Services, in cooperation with the Department on Aging, shall
23implement an electronic service verification based on global
24positioning systems or other cost-effective technology.
25 (h) Effective with inpatient hospital admissions on or
26after July 1, 2012, the Department shall reduce the payment for

HB5597- 1102 -LRB098 15874 AMC 50917 b
1a claim that indicates the occurrence of a provider-preventable
2condition during the admission as specified by the Department
3in rules. The Department shall not pay for services related to
4an other provider-preventable condition.
5 As used in this subsection (h):
6 "Provider-preventable condition" means a health care
7acquired condition as defined under the federal Medicaid
8regulation found at 42 CFR 447.26 or an other
9provider-preventable condition.
10 "Other provider-preventable condition" means a wrong
11surgical or other invasive procedure performed on a patient, a
12surgical or other invasive procedure performed on the wrong
13body part, or a surgical procedure or other invasive procedure
14performed on the wrong patient.
15 (i) The Department shall implement cost savings
16initiatives for advanced imaging services, cardiac imaging
17services, pain management services, and back surgery. Such
18initiatives shall be designed to achieve annual costs savings.
19 (j) The Department shall ensure that beneficiaries with a
20diagnosis of epilepsy or seizure disorder in Department records
21will not require prior approval for anticonvulsants.
22(Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section
236-240, eff. 7-22-13; 98-104, Article 9, Section 9-5, eff.
247-22-13; revised 9-19-13.)
25 (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5)

HB5597- 1103 -LRB098 15874 AMC 50917 b
1 Sec. 5A-5. Notice; penalty; maintenance of records.
2 (a) The Illinois Department shall send a notice of
3assessment to every hospital provider subject to assessment
4under this Article. The notice of assessment shall notify the
5hospital of its assessment and shall be sent after receipt by
6the Department of notification from the Centers for Medicare
7and Medicaid Services of the U.S. Department of Health and
8Human Services that the payment methodologies required under
9this Article and, if necessary, the waiver granted under 42 CFR
10433.68 have been approved. The notice shall be on a form
11prepared by the Illinois Department and shall state the
12following:
13 (1) The name of the hospital provider.
14 (2) The address of the hospital provider's principal
15 place of business from which the provider engages in the
16 occupation of hospital provider in this State, and the name
17 and address of each hospital operated, conducted, or
18 maintained by the provider in this State.
19 (3) The occupied bed days, occupied bed days less
20 Medicare days, adjusted gross hospital revenue, or
21 outpatient gross revenue of the hospital provider
22 (whichever is applicable), the amount of assessment
23 imposed under Section 5A-2 for the State fiscal year for
24 which the notice is sent, and the amount of each
25 installment to be paid during the State fiscal year.
26 (4) (Blank).

HB5597- 1104 -LRB098 15874 AMC 50917 b
1 (5) Other reasonable information as determined by the
2 Illinois Department.
3 (b) If a hospital provider conducts, operates, or maintains
4more than one hospital licensed by the Illinois Department of
5Public Health, the provider shall pay the assessment for each
6hospital separately.
7 (c) Notwithstanding any other provision in this Article, in
8the case of a person who ceases to conduct, operate, or
9maintain a hospital in respect of which the person is subject
10to assessment under this Article as a hospital provider, the
11assessment for the State fiscal year in which the cessation
12occurs shall be adjusted by multiplying the assessment computed
13under Section 5A-2 by a fraction, the numerator of which is the
14number of days in the year during which the provider conducts,
15operates, or maintains the hospital and the denominator of
16which is 365. Immediately upon ceasing to conduct, operate, or
17maintain a hospital, the person shall pay the assessment for
18the year as so adjusted (to the extent not previously paid).
19 (d) Notwithstanding any other provision in this Article, a
20provider who commences conducting, operating, or maintaining a
21hospital, upon notice by the Illinois Department, shall pay the
22assessment computed under Section 5A-2 and subsection (e) in
23installments on the due dates stated in the notice and on the
24regular installment due dates for the State fiscal year
25occurring after the due dates of the initial notice.
26 (e) Notwithstanding any other provision in this Article,

HB5597- 1105 -LRB098 15874 AMC 50917 b
1for State fiscal years 2009 through 2015 2014, in the case of a
2hospital provider that did not conduct, operate, or maintain a
3hospital in 2005, the assessment for that State fiscal year
4shall be computed on the basis of hypothetical occupied bed
5days for the full calendar year as determined by the Illinois
6Department. Notwithstanding any other provision in this
7Article, for the portion of State fiscal year 2012 beginning
8June 10, 2012 through June 30, 2012, and for State fiscal years
92013 through 2014, and for July 1, 2014 through December 31,
102014, in the case of a hospital provider that did not conduct,
11operate, or maintain a hospital in 2009, the assessment under
12subsection (b-5) of Section 5A-2 for that State fiscal year
13shall be computed on the basis of hypothetical gross outpatient
14revenue for the full calendar year as determined by the
15Illinois Department.
16 (f) Every hospital provider subject to assessment under
17this Article shall keep sufficient records to permit the
18determination of adjusted gross hospital revenue for the
19hospital's fiscal year. All such records shall be kept in the
20English language and shall, at all times during regular
21business hours of the day, be subject to inspection by the
22Illinois Department or its duly authorized agents and
23employees.
24 (g) The Illinois Department may, by rule, provide a
25hospital provider a reasonable opportunity to request a
26clarification or correction of any clerical or computational

HB5597- 1106 -LRB098 15874 AMC 50917 b
1errors contained in the calculation of its assessment, but such
2corrections shall not extend to updating the cost report
3information used to calculate the assessment.
4 (h) (Blank).
5(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
698-104, eff. 7-22-13; 98-463, eff. 8-16-13; revised 10-21-13.)
7 (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
8 Sec. 5A-8. Hospital Provider Fund.
9 (a) There is created in the State Treasury the Hospital
10Provider Fund. Interest earned by the Fund shall be credited to
11the Fund. The Fund shall not be used to replace any moneys
12appropriated to the Medicaid program by the General Assembly.
13 (b) The Fund is created for the purpose of receiving moneys
14in accordance with Section 5A-6 and disbursing moneys only for
15the following purposes, notwithstanding any other provision of
16law:
17 (1) For making payments to hospitals as required under
18 this Code, under the Children's Health Insurance Program
19 Act, under the Covering ALL KIDS Health Insurance Act, and
20 under the Long Term Acute Care Hospital Quality Improvement
21 Transfer Program Act.
22 (2) For the reimbursement of moneys collected by the
23 Illinois Department from hospitals or hospital providers
24 through error or mistake in performing the activities
25 authorized under this Code.

HB5597- 1107 -LRB098 15874 AMC 50917 b
1 (3) For payment of administrative expenses incurred by
2 the Illinois Department or its agent in performing
3 activities under this Code, under the Children's Health
4 Insurance Program Act, under the Covering ALL KIDS Health
5 Insurance Act, and under the Long Term Acute Care Hospital
6 Quality Improvement Transfer Program Act.
7 (4) For payments of any amounts which are reimbursable
8 to the federal government for payments from this Fund which
9 are required to be paid by State warrant.
10 (5) For making transfers, as those transfers are
11 authorized in the proceedings authorizing debt under the
12 Short Term Borrowing Act, but transfers made under this
13 paragraph (5) shall not exceed the principal amount of debt
14 issued in anticipation of the receipt by the State of
15 moneys to be deposited into the Fund.
16 (6) For making transfers to any other fund in the State
17 treasury, but transfers made under this paragraph (6) shall
18 not exceed the amount transferred previously from that
19 other fund into the Hospital Provider Fund plus any
20 interest that would have been earned by that fund on the
21 monies that had been transferred.
22 (6.5) For making transfers to the Healthcare Provider
23 Relief Fund, except that transfers made under this
24 paragraph (6.5) shall not exceed $60,000,000 in the
25 aggregate.
26 (7) For making transfers not exceeding the following

HB5597- 1108 -LRB098 15874 AMC 50917 b
1 amounts, in State fiscal years 2013 and 2014 in each State
2 fiscal year during which an assessment is imposed pursuant
3 to Section 5A-2, to the following designated funds:
4 Health and Human Services Medicaid Trust
5 Fund..............................$20,000,000
6 Long-Term Care Provider Fund..........$30,000,000
7 General Revenue Fund.................$80,000,000.
8 Transfers under this paragraph shall be made within 7 days
9 after the payments have been received pursuant to the
10 schedule of payments provided in subsection (a) of Section
11 5A-4.
12 (7.1) For making transfers not exceeding the following
13 amounts, in State fiscal year 2015, to the following
14 designated funds:
15 Health and Human Services Medicaid Trust
16 Fund..............................$10,000,000
17 Long-Term Care Provider Fund..........$15,000,000
18 General Revenue Fund.................$40,000,000.
19 Transfers under this paragraph shall be made within 7 days
20 after the payments have been received pursuant to the
21 schedule of payments provided in subsection (a) of Section
22 5A-4.
23 (7.5) (Blank).
24 (7.8) (Blank).
25 (7.9) (Blank).
26 (7.10) For State fiscal years 2013 and 2014, for making

HB5597- 1109 -LRB098 15874 AMC 50917 b
1 transfers of the moneys resulting from the assessment under
2 subsection (b-5) of Section 5A-2 and received from hospital
3 providers under Section 5A-4 and transferred into the
4 Hospital Provider Fund under Section 5A-6 to the designated
5 funds not exceeding the following amounts in that State
6 fiscal year:
7 Health Care Provider Relief Fund......$50,000,000
8 Transfers under this paragraph shall be made within 7
9 days after the payments have been received pursuant to the
10 schedule of payments provided in subsection (a) of Section
11 5A-4.
12 (7.11) For State fiscal year 2015, for making transfers
13 of the moneys resulting from the assessment under
14 subsection (b-5) of Section 5A-2 and received from hospital
15 providers under Section 5A-4 and transferred into the
16 Hospital Provider Fund under Section 5A-6 to the designated
17 funds not exceeding the following amounts in that State
18 fiscal year:
19 Health Care Provider Relief Fund.....$25,000,000
20 Transfers under this paragraph shall be made within 7
21 days after the payments have been received pursuant to the
22 schedule of payments provided in subsection (a) of Section
23 5A-4.
24 (7.12) For State fiscal year 2013, for increasing by
25 21/365ths the transfer of the moneys resulting from the
26 assessment under subsection (b-5) of Section 5A-2 and

HB5597- 1110 -LRB098 15874 AMC 50917 b
1 received from hospital providers under Section 5A-4 for the
2 portion of State fiscal year 2012 beginning June 10, 2012
3 through June 30, 2012 and transferred into the Hospital
4 Provider Fund under Section 5A-6 to the designated funds
5 not exceeding the following amounts in that State fiscal
6 year:
7 Health Care Provider Relief Fund......$2,870,000
8 (8) For making refunds to hospital providers pursuant
9 to Section 5A-10.
10 Disbursements from the Fund, other than transfers
11authorized under paragraphs (5) and (6) of this subsection,
12shall be by warrants drawn by the State Comptroller upon
13receipt of vouchers duly executed and certified by the Illinois
14Department.
15 (c) The Fund shall consist of the following:
16 (1) All moneys collected or received by the Illinois
17 Department from the hospital provider assessment imposed
18 by this Article.
19 (2) All federal matching funds received by the Illinois
20 Department as a result of expenditures made by the Illinois
21 Department that are attributable to moneys deposited in the
22 Fund.
23 (3) Any interest or penalty levied in conjunction with
24 the administration of this Article.
25 (4) Moneys transferred from another fund in the State
26 treasury.

HB5597- 1111 -LRB098 15874 AMC 50917 b
1 (5) All other moneys received for the Fund from any
2 other source, including interest earned thereon.
3 (d) (Blank).
4(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
598-104, eff. 7-22-13; 98-463, eff. 8-16-13; revised 10-21-13.)
6 (305 ILCS 5/5A-12.4)
7 (Section scheduled to be repealed on January 1, 2015)
8 Sec. 5A-12.4. Hospital access improvement payments on or
9after June 10, 2012.
10 (a) Hospital access improvement payments. To preserve and
11improve access to hospital services, for hospital and physician
12services rendered on or after June 10, 2012, the Illinois
13Department shall, except for hospitals described in subsection
14(b) of Section 5A-3, make payments to hospitals as set forth in
15this Section. These payments shall be paid in 12 equal
16installments on or before the 7th State business day of each
17month, except that no payment shall be due within 100 days
18after the later of the date of notification of federal approval
19of the payment methodologies required under this Section or any
20waiver required under 42 CFR 433.68, at which time the sum of
21amounts required under this Section prior to the date of
22notification is due and payable. Payments under this Section
23are not due and payable, however, until (i) the methodologies
24described in this Section are approved by the federal
25government in an appropriate State Plan amendment and (ii) the

HB5597- 1112 -LRB098 15874 AMC 50917 b
1assessment imposed under subsection (b-5) of Section 5A-2 of
2this Article is determined to be a permissible tax under Title
3XIX of the Social Security Act. The Illinois Department shall
4take all actions necessary to implement the payments under this
5Section effective June 10, 2012, including but not limited to
6providing public notice pursuant to federal requirements, the
7filing of a State Plan amendment, and the adoption of
8administrative rules. For State fiscal year 2013, payments
9under this Section shall be increased by 21/365ths. The funding
10source for these additional payments shall be from the
11increased assessment under subsection (b-5) of Section 5A-2
12that was received from hospital providers under Section 5A-4
13for the portion of State fiscal year 2012 beginning June 10,
142012 through June 30, 2012.
15 (a-5) Accelerated schedule. The Illinois Department may,
16when practicable, accelerate the schedule upon which payments
17authorized under this Section are made.
18 (b) Magnet and perinatal hospital adjustment. In addition
19to rates paid for inpatient hospital services, the Department
20shall pay to each Illinois general acute care hospital that, as
21of August 25, 2011, was recognized as a Magnet hospital by the
22American Nurses Credentialing Center and that, as of September
2314, 2011, was designated as a level III perinatal center
24amounts as follows:
25 (1) For hospitals with a case mix index equal to or
26 greater than the 80th percentile of case mix indices for

HB5597- 1113 -LRB098 15874 AMC 50917 b
1 all Illinois hospitals, $470 for each Medicaid general
2 acute care inpatient day of care provided by the hospital
3 during State fiscal year 2009.
4 (2) For all other hospitals, $170 for each Medicaid
5 general acute care inpatient day of care provided by the
6 hospital during State fiscal year 2009.
7 (c) Trauma level II adjustment. In addition to rates paid
8for inpatient hospital services, the Department shall pay to
9each Illinois general acute care hospital that, as of July 1,
102011, was designated as a level II trauma center amounts as
11follows:
12 (1) For hospitals with a case mix index equal to or
13 greater than the 50th percentile of case mix indices for
14 all Illinois hospitals, $470 for each Medicaid general
15 acute care inpatient day of care provided by the hospital
16 during State fiscal year 2009.
17 (2) For all other hospitals, $170 for each Medicaid
18 general acute care inpatient day of care provided by the
19 hospital during State fiscal year 2009.
20 (3) For the purposes of this adjustment, hospitals
21 located in the same city that alternate their trauma center
22 designation as defined in 89 Ill. Adm. Code 148.295(a)(2)
23 shall have the adjustment provided under this Section
24 divided between the 2 hospitals.
25 (d) Dual-eligible adjustment. In addition to rates paid for
26inpatient services, the Department shall pay each Illinois

HB5597- 1114 -LRB098 15874 AMC 50917 b
1general acute care hospital that had a ratio of crossover days
2to total inpatient days for programs under Title XIX of the
3Social Security Act administered by the Department (utilizing
4information from 2009 paid claims) greater than 50%, and a case
5mix index equal to or greater than the 75th percentile of case
6mix indices for all Illinois hospitals, a rate of $400 for each
7Medicaid inpatient day during State fiscal year 2009 including
8crossover days.
9 (e) Medicaid volume adjustment. In addition to rates paid
10for inpatient hospital services, the Department shall pay to
11each Illinois general acute care hospital that provided more
12than 10,000 Medicaid inpatient days of care in State fiscal
13year 2009, has a Medicaid inpatient utilization rate of at
14least 29.05% as calculated by the Department for the Rate Year
152011 Disproportionate Share determination, and is not eligible
16for Medicaid Percentage Adjustment payments in rate year 2011
17an amount equal to $135 for each Medicaid inpatient day of care
18provided during State fiscal year 2009.
19 (f) Outpatient service adjustment. In addition to the rates
20paid for outpatient hospital services, the Department shall pay
21each Illinois hospital an amount at least equal to $100
22multiplied by the hospital's outpatient ambulatory procedure
23listing services (excluding categories 3B and 3C) and by the
24hospital's end stage renal disease treatment services provided
25for State fiscal year 2009.
26 (g) Ambulatory service adjustment.

HB5597- 1115 -LRB098 15874 AMC 50917 b
1 (1) In addition to the rates paid for outpatient
2 hospital services provided in the emergency department,
3 the Department shall pay each Illinois hospital an amount
4 equal to $105 multiplied by the hospital's outpatient
5 ambulatory procedure listing services for categories 3A,
6 3B, and 3C for State fiscal year 2009.
7 (2) In addition to the rates paid for outpatient
8 hospital services, the Department shall pay each Illinois
9 freestanding psychiatric hospital an amount equal to $200
10 multiplied by the hospital's ambulatory procedure listing
11 services for category 5A for State fiscal year 2009.
12 (h) Specialty hospital adjustment. In addition to the rates
13paid for outpatient hospital services, the Department shall pay
14each Illinois long term acute care hospital and each Illinois
15hospital devoted exclusively to the treatment of cancer, an
16amount equal to $700 multiplied by the hospital's outpatient
17ambulatory procedure listing services and by the hospital's end
18stage renal disease treatment services (including services
19provided to individuals eligible for both Medicaid and
20Medicare) provided for State fiscal year 2009.
21 (h-1) ER Safety Net Payments. In addition to rates paid for
22outpatient services, the Department shall pay to each Illinois
23general acute care hospital with an emergency room ratio equal
24to or greater than 55%, that is not eligible for Medicaid
25percentage adjustments payments in rate year 2011, with a case
26mix index equal to or greater than the 20th percentile, and

HB5597- 1116 -LRB098 15874 AMC 50917 b
1that is not designated as a trauma center by the Illinois
2Department of Public Health on July 1, 2011, as follows:
3 (1) Each hospital with an emergency room ratio equal to
4 or greater than 74% shall receive a rate of $225 for each
5 outpatient ambulatory procedure listing and end-stage
6 renal disease treatment service provided for State fiscal
7 year 2009.
8 (2) For all other hospitals, $65 shall be paid for each
9 outpatient ambulatory procedure listing and end-stage
10 renal disease treatment service provided for State fiscal
11 year 2009.
12 (i) Physician supplemental adjustment. In addition to the
13rates paid for physician services, the Department shall make an
14adjustment payment for services provided by physicians as
15follows:
16 (1) Physician services eligible for the adjustment
17 payment are those provided by physicians employed by or who
18 have a contract to provide services to patients of the
19 following hospitals: (i) Illinois general acute care
20 hospitals that provided at least 17,000 Medicaid inpatient
21 days of care in State fiscal year 2009 and are eligible for
22 Medicaid Percentage Adjustment Payments in rate year 2011;
23 and (ii) Illinois freestanding children's hospitals, as
24 defined in 89 Ill. Adm. Code 149.50(c)(3)(A).
25 (2) The amount of the adjustment for each eligible
26 hospital under this subsection (i) shall be determined by

HB5597- 1117 -LRB098 15874 AMC 50917 b
1 rule by the Department to spend a total pool of at least
2 $6,960,000 annually. This pool shall be allocated among the
3 eligible hospitals based on the difference between the
4 upper payment limit for what could have been paid under
5 Medicaid for physician services provided during State
6 fiscal year 2009 by physicians employed by or who had a
7 contract with the hospital and the amount that was paid
8 under Medicaid for such services, provided however, that in
9 no event shall physicians at any individual hospital
10 collectively receive an annual, aggregate adjustment in
11 excess of $435,000, except that any amount that is not
12 distributed to a hospital because of the upper payment
13 limit shall be reallocated among the remaining eligible
14 hospitals that are below the upper payment limitation, on a
15 proportionate basis.
16 (i-5) For any children's hospital which did not charge for
17its services during the base period, the Department shall use
18data supplied by the hospital to determine payments using
19similar methodologies for freestanding children's hospitals
20under this Section or Section 5A-12.2.
21 (j) For purposes of this Section, a hospital that is
22enrolled to provide Medicaid services during State fiscal year
232009 shall have its utilization and associated reimbursements
24annualized prior to the payment calculations being performed
25under this Section.
26 (k) For purposes of this Section, the terms "Medicaid

HB5597- 1118 -LRB098 15874 AMC 50917 b
1days", "ambulatory procedure listing services", and
2"ambulatory procedure listing payments" do not include any
3days, charges, or services for which Medicare or a managed care
4organization reimbursed on a capitated basis was liable for
5payment, except where explicitly stated otherwise in this
6Section.
7 (l) Definitions. Unless the context requires otherwise or
8unless provided otherwise in this Section, the terms used in
9this Section for qualifying criteria and payment calculations
10shall have the same meanings as those terms have been given in
11the Illinois Department's administrative rules as in effect on
12October 1, 2011. Other terms shall be defined by the Illinois
13Department by rule.
14 As used in this Section, unless the context requires
15otherwise:
16 "Case mix index" means, for a given hospital, the sum of
17the per admission (DRG) relative weighting factors in effect on
18January 1, 2005, for all general acute care admissions for
19State fiscal year 2009, excluding Medicare crossover
20admissions and transplant admissions reimbursed under 89 Ill.
21Adm. Code 148.82, divided by the total number of general acute
22care admissions for State fiscal year 2009, excluding Medicare
23crossover admissions and transplant admissions reimbursed
24under 89 Ill. Adm. Code 148.82.
25 "Emergency room ratio" means, for a given hospital, a
26fraction, the denominator of which is the number of the

HB5597- 1119 -LRB098 15874 AMC 50917 b
1hospital's outpatient ambulatory procedure listing and
2end-stage renal disease treatment services provided for State
3fiscal year 2009 and the numerator of which is the hospital's
4outpatient ambulatory procedure listing services for
5categories 3A, 3B, and 3C for State fiscal year 2009.
6 "Medicaid inpatient day" means, for a given hospital, the
7sum of days of inpatient hospital days provided to recipients
8of medical assistance under Title XIX of the federal Social
9Security Act, excluding days for individuals eligible for
10Medicare under Title XVIII of that Act (Medicaid/Medicare
11crossover days), as tabulated from the Department's paid claims
12data for admissions occurring during State fiscal year 2009
13that was adjudicated by the Department through June 30, 2010.
14 "Outpatient ambulatory procedure listing services" means,
15for a given hospital, ambulatory procedure listing services, as
16described in 89 Ill. Adm. Code 148.140(b), provided to
17recipients of medical assistance under Title XIX of the federal
18Social Security Act, excluding services for individuals
19eligible for Medicare under Title XVIII of the Act
20(Medicaid/Medicare crossover days), as tabulated from the
21Department's paid claims data for services occurring in State
22fiscal year 2009 that were adjudicated by the Department
23through September 2, 2010.
24 "Outpatient end-stage renal disease treatment services"
25means, for a given hospital, the services, as described in 89
26Ill. Adm. Code 148.140(c), provided to recipients of medical

HB5597- 1120 -LRB098 15874 AMC 50917 b
1assistance under Title XIX of the federal Social Security Act,
2excluding payments for individuals eligible for Medicare under
3Title XVIII of the Act (Medicaid/Medicare crossover days), as
4tabulated from the Department's paid claims data for services
5occurring in State fiscal year 2009 that were adjudicated by
6the Department through September 2, 2010.
7 (m) The Department may adjust payments made under this
8Section 5A-12.4 to comply with federal law or regulations
9regarding hospital-specific payment limitations on
10government-owned or government-operated hospitals.
11 (n) Notwithstanding any of the other provisions of this
12Section, the Department is authorized to adopt rules that
13change the hospital access improvement payments specified in
14this Section, but only to the extent necessary to conform to
15any federally approved amendment to the Title XIX State plan.
16Any such rules shall be adopted by the Department as authorized
17by Section 5-50 of the Illinois Administrative Procedure Act.
18Notwithstanding any other provision of law, any changes
19implemented as a result of this subsection (n) shall be given
20retroactive effect so that they shall be deemed to have taken
21effect as of the effective date of this Section.
22 (o) The Department of Healthcare and Family Services must
23submit a State Medicaid Plan Amendment to the Centers for
24Medicare and Medicaid Services to implement the payments under
25this Section June 14, 2012 (Public Act 97-688).
26(Source: P.A. 97-688, eff. 6-14-12; 98-104, eff. 7-22-13;

HB5597- 1121 -LRB098 15874 AMC 50917 b
198-463, eff. 8-16-13; revised 10-21-13.)
2 (305 ILCS 5/11-5.2)
3 Sec. 11-5.2. Income, Residency, and Identity Verification
4System.
5 (a) The Department shall ensure that its proposed
6integrated eligibility system shall include the computerized
7functions of income, residency, and identity eligibility
8verification to verify eligibility, eliminate duplication of
9medical assistance, and deter fraud. Until the integrated
10eligibility system is operational, the Department may enter
11into a contract with the vendor selected pursuant to Section
1211-5.3 as necessary to obtain the electronic data matching
13described in this Section. This contract shall be exempt from
14the Illinois Procurement Code pursuant to subsection (h) of
15Section 1-10 of that Code.
16 (b) Prior to awarding medical assistance at application
17under Article V of this Code, the Department shall, to the
18extent such databases are available to the Department, conduct
19data matches using the name, date of birth, address, and Social
20Security Number of each applicant or recipient or responsible
21relative of an applicant or recipient against the following:
22 (1) Income tax information.
23 (2) Employer reports of income and unemployment
24 insurance payment information maintained by the Department
25 of Employment Security.

HB5597- 1122 -LRB098 15874 AMC 50917 b
1 (3) Earned and unearned income, citizenship and death,
2 and other relevant information maintained by the Social
3 Security Administration.
4 (4) Immigration status information maintained by the
5 United States Citizenship and Immigration Services.
6 (5) Wage reporting and similar information maintained
7 by states contiguous to this State.
8 (6) Employment information maintained by the
9 Department of Employment Security in its New Hire Directory
10 database.
11 (7) Employment information maintained by the United
12 States Department of Health and Human Services in its
13 National Directory of New Hires database.
14 (8) Veterans' benefits information maintained by the
15 United States Department of Health and Human Services, in
16 coordination with the Department of Health and Human
17 Services and the Department of Veterans' Affairs, in the
18 federal Public Assistance Reporting Information System
19 (PARIS) database.
20 (9) Residency information maintained by the Illinois
21 Secretary of State.
22 (10) A database which is substantially similar to or a
23 successor of a database described in this Section that
24 contains information relevant for verifying eligibility
25 for medical assistance.
26 (c) (Blank).

HB5597- 1123 -LRB098 15874 AMC 50917 b
1 (d) If a discrepancy results between information provided
2by an applicant, recipient, or responsible relative and
3information contained in one or more of the databases or
4information tools listed under subsection (b) or (c) of this
5Section or subsection (c) of Section 11-5.3 and that
6discrepancy calls into question the accuracy of information
7relevant to a condition of eligibility provided by the
8applicant, recipient, or responsible relative, the Department
9or its contractor shall review the applicant's or recipient's
10case using the following procedures:
11 (1) If the information discovered under subsection (b)
12 (c) of this Section or subsection (c) of Section 11-5.3
13 does not result in the Department finding the applicant or
14 recipient ineligible for assistance under Article V of this
15 Code, the Department shall finalize the determination or
16 redetermination of eligibility.
17 (2) If the information discovered results in the
18 Department finding the applicant or recipient ineligible
19 for assistance, the Department shall provide notice as set
20 forth in Section 11-7 of this Article.
21 (3) If the information discovered is insufficient to
22 determine that the applicant or recipient is eligible or
23 ineligible, the Department shall provide written notice to
24 the applicant or recipient which shall describe in
25 sufficient detail the circumstances of the discrepancy,
26 the information or documentation required, the manner in

HB5597- 1124 -LRB098 15874 AMC 50917 b
1 which the applicant or recipient may respond, and the
2 consequences of failing to take action. The applicant or
3 recipient shall have 10 business days to respond.
4 (4) If the applicant or recipient does not respond to
5 the notice, the Department shall deny assistance for
6 failure to cooperate, in which case the Department shall
7 provide notice as set forth in Section 11-7. Eligibility
8 for assistance shall not be established until the
9 discrepancy has been resolved.
10 (5) If an applicant or recipient responds to the
11 notice, the Department shall determine the effect of the
12 information or documentation provided on the applicant's
13 or recipient's case and shall take appropriate action.
14 Written notice of the Department's action shall be provided
15 as set forth in Section 11-7 of this Article.
16 (6) Suspected cases of fraud shall be referred to the
17 Department's Inspector General.
18 (e) The Department shall adopt any rules necessary to
19implement this Section.
20(Source: P.A. 97-689, eff. 6-14-12; revised 11-12-13.)
21 (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
22 Sec. 12-4.25. Medical assistance program; vendor
23participation.
24 (A) The Illinois Department may deny, suspend, or terminate
25the eligibility of any person, firm, corporation, association,

HB5597- 1125 -LRB098 15874 AMC 50917 b
1agency, institution or other legal entity to participate as a
2vendor of goods or services to recipients under the medical
3assistance program under Article V, or may exclude any such
4person or entity from participation as such a vendor, and may
5deny, suspend, or recover payments, if after reasonable notice
6and opportunity for a hearing the Illinois Department finds:
7 (a) Such vendor is not complying with the Department's
8 policy or rules and regulations, or with the terms and
9 conditions prescribed by the Illinois Department in its
10 vendor agreement, which document shall be developed by the
11 Department as a result of negotiations with each vendor
12 category, including physicians, hospitals, long term care
13 facilities, pharmacists, optometrists, podiatric
14 physicians, and dentists setting forth the terms and
15 conditions applicable to the participation of each vendor
16 group in the program; or
17 (b) Such vendor has failed to keep or make available
18 for inspection, audit or copying, after receiving a written
19 request from the Illinois Department, such records
20 regarding payments claimed for providing services. This
21 section does not require vendors to make available patient
22 records of patients for whom services are not reimbursed
23 under this Code; or
24 (c) Such vendor has failed to furnish any information
25 requested by the Department regarding payments for
26 providing goods or services; or

HB5597- 1126 -LRB098 15874 AMC 50917 b
1 (d) Such vendor has knowingly made, or caused to be
2 made, any false statement or representation of a material
3 fact in connection with the administration of the medical
4 assistance program; or
5 (e) Such vendor has furnished goods or services to a
6 recipient which are (1) in excess of need, (2) harmful, or
7 (3) of grossly inferior quality, all of such determinations
8 to be based upon competent medical judgment and
9 evaluations; or
10 (f) The vendor; a person with management
11 responsibility for a vendor; an officer or person owning,
12 either directly or indirectly, 5% or more of the shares of
13 stock or other evidences of ownership in a corporate
14 vendor; an owner of a sole proprietorship which is a
15 vendor; or a partner in a partnership which is a vendor,
16 either:
17 (1) was previously terminated, suspended, or
18 excluded from participation in the Illinois medical
19 assistance program, or was terminated, suspended, or
20 excluded from participation in another state or
21 federal medical assistance or health care program; or
22 (2) was a person with management responsibility
23 for a vendor previously terminated, suspended, or
24 excluded from participation in the Illinois medical
25 assistance program, or terminated, suspended, or
26 excluded from participation in another state or

HB5597- 1127 -LRB098 15874 AMC 50917 b
1 federal medical assistance or health care program
2 during the time of conduct which was the basis for that
3 vendor's termination, suspension, or exclusion; or
4 (3) was an officer, or person owning, either
5 directly or indirectly, 5% or more of the shares of
6 stock or other evidences of ownership in a corporate or
7 limited liability company vendor previously
8 terminated, suspended, or excluded from participation
9 in the Illinois medical assistance program, or
10 terminated, suspended, or excluded from participation
11 in a state or federal medical assistance or health care
12 program during the time of conduct which was the basis
13 for that vendor's termination, suspension, or
14 exclusion; or
15 (4) was an owner of a sole proprietorship or
16 partner of a partnership previously terminated,
17 suspended, or excluded from participation in the
18 Illinois medical assistance program, or terminated,
19 suspended, or excluded from participation in a state or
20 federal medical assistance or health care program
21 during the time of conduct which was the basis for that
22 vendor's termination, suspension, or exclusion; or
23 (f-1) Such vendor has a delinquent debt owed to the
24 Illinois Department; or
25 (g) The vendor; a person with management
26 responsibility for a vendor; an officer or person owning,

HB5597- 1128 -LRB098 15874 AMC 50917 b
1 either directly or indirectly, 5% or more of the shares of
2 stock or other evidences of ownership in a corporate or
3 limited liability company vendor; an owner of a sole
4 proprietorship which is a vendor; or a partner in a
5 partnership which is a vendor, either:
6 (1) has engaged in practices prohibited by
7 applicable federal or State law or regulation; or
8 (2) was a person with management responsibility
9 for a vendor at the time that such vendor engaged in
10 practices prohibited by applicable federal or State
11 law or regulation; or
12 (3) was an officer, or person owning, either
13 directly or indirectly, 5% or more of the shares of
14 stock or other evidences of ownership in a vendor at
15 the time such vendor engaged in practices prohibited by
16 applicable federal or State law or regulation; or
17 (4) was an owner of a sole proprietorship or
18 partner of a partnership which was a vendor at the time
19 such vendor engaged in practices prohibited by
20 applicable federal or State law or regulation; or
21 (h) The direct or indirect ownership of the vendor
22 (including the ownership of a vendor that is a sole
23 proprietorship, a partner's interest in a vendor that is a
24 partnership, or ownership of 5% or more of the shares of
25 stock or other evidences of ownership in a corporate
26 vendor) has been transferred by an individual who is

HB5597- 1129 -LRB098 15874 AMC 50917 b
1 terminated, suspended, or excluded or barred from
2 participating as a vendor to the individual's spouse,
3 child, brother, sister, parent, grandparent, grandchild,
4 uncle, aunt, niece, nephew, cousin, or relative by
5 marriage.
6 (A-5) The Illinois Department may deny, suspend, or
7terminate the eligibility of any person, firm, corporation,
8association, agency, institution, or other legal entity to
9participate as a vendor of goods or services to recipients
10under the medical assistance program under Article V, or may
11exclude any such person or entity from participation as such a
12vendor, if, after reasonable notice and opportunity for a
13hearing, the Illinois Department finds that the vendor; a
14person with management responsibility for a vendor; an officer
15or person owning, either directly or indirectly, 5% or more of
16the shares of stock or other evidences of ownership in a
17corporate vendor; an owner of a sole proprietorship that is a
18vendor; or a partner in a partnership that is a vendor has been
19convicted of an offense based on fraud or willful
20misrepresentation related to any of the following:
21 (1) The medical assistance program under Article V of
22 this Code.
23 (2) A medical assistance or health care program in
24 another state.
25 (3) The Medicare program under Title XVIII of the
26 Social Security Act.

HB5597- 1130 -LRB098 15874 AMC 50917 b
1 (4) The provision of health care services.
2 (5) A violation of this Code, as provided in Article
3 VIIIA, or another state or federal medical assistance
4 program or health care program.
5 (A-10) The Illinois Department may deny, suspend, or
6terminate the eligibility of any person, firm, corporation,
7association, agency, institution, or other legal entity to
8participate as a vendor of goods or services to recipients
9under the medical assistance program under Article V, or may
10exclude any such person or entity from participation as such a
11vendor, if, after reasonable notice and opportunity for a
12hearing, the Illinois Department finds that (i) the vendor,
13(ii) a person with management responsibility for a vendor,
14(iii) an officer or person owning, either directly or
15indirectly, 5% or more of the shares of stock or other
16evidences of ownership in a corporate vendor, (iv) an owner of
17a sole proprietorship that is a vendor, or (v) a partner in a
18partnership that is a vendor has been convicted of an offense
19related to any of the following:
20 (1) Murder.
21 (2) A Class X felony under the Criminal Code of 1961 or
22 the Criminal Code of 2012.
23 (3) Sexual misconduct that may subject recipients to an
24 undue risk of harm.
25 (4) A criminal offense that may subject recipients to
26 an undue risk of harm.

HB5597- 1131 -LRB098 15874 AMC 50917 b
1 (5) A crime of fraud or dishonesty.
2 (6) A crime involving a controlled substance.
3 (7) A misdemeanor relating to fraud, theft,
4 embezzlement, breach of fiduciary responsibility, or other
5 financial misconduct related to a health care program.
6 (A-15) The Illinois Department may deny the eligibility of
7any person, firm, corporation, association, agency,
8institution, or other legal entity to participate as a vendor
9of goods or services to recipients under the medical assistance
10program under Article V if, after reasonable notice and
11opportunity for a hearing, the Illinois Department finds:
12 (1) The applicant or any person with management
13 responsibility for the applicant; an officer or member of
14 the board of directors of an applicant; an entity owning
15 (directly or indirectly) 5% or more of the shares of stock
16 or other evidences of ownership in a corporate vendor
17 applicant; an owner of a sole proprietorship applicant; a
18 partner in a partnership applicant; or a technical or other
19 advisor to an applicant has a debt owed to the Illinois
20 Department, and no payment arrangements acceptable to the
21 Illinois Department have been made by the applicant.
22 (2) The applicant or any person with management
23 responsibility for the applicant; an officer or member of
24 the board of directors of an applicant; an entity owning
25 (directly or indirectly) 5% or more of the shares of stock
26 or other evidences of ownership in a corporate vendor

HB5597- 1132 -LRB098 15874 AMC 50917 b
1 applicant; an owner of a sole proprietorship applicant; a
2 partner in a partnership vendor applicant; or a technical
3 or other advisor to an applicant was (i) a person with
4 management responsibility, (ii) an officer or member of the
5 board of directors of an applicant, (iii) an entity owning
6 (directly or indirectly) 5% or more of the shares of stock
7 or other evidences of ownership in a corporate vendor, (iv)
8 an owner of a sole proprietorship, (v) a partner in a
9 partnership vendor, (vi) a technical or other advisor to a
10 vendor, during a period of time where the conduct of that
11 vendor resulted in a debt owed to the Illinois Department,
12 and no payment arrangements acceptable to the Illinois
13 Department have been made by that vendor.
14 (3) There is a credible allegation of the use,
15 transfer, or lease of assets of any kind to an applicant
16 from a current or prior vendor who has a debt owed to the
17 Illinois Department, no payment arrangements acceptable to
18 the Illinois Department have been made by that vendor or
19 the vendor's alternate payee, and the applicant knows or
20 should have known of such debt.
21 (4) There is a credible allegation of a transfer of
22 management responsibilities, or direct or indirect
23 ownership, to an applicant from a current or prior vendor
24 who has a debt owed to the Illinois Department, and no
25 payment arrangements acceptable to the Illinois Department
26 have been made by that vendor or the vendor's alternate

HB5597- 1133 -LRB098 15874 AMC 50917 b
1 payee, and the applicant knows or should have known of such
2 debt.
3 (5) There is a credible allegation of the use,
4 transfer, or lease of assets of any kind to an applicant
5 who is a spouse, child, brother, sister, parent,
6 grandparent, grandchild, uncle, aunt, niece, relative by
7 marriage, nephew, cousin, or relative of a current or prior
8 vendor who has a debt owed to the Illinois Department and
9 no payment arrangements acceptable to the Illinois
10 Department have been made.
11 (6) There is a credible allegation that the applicant's
12 previous affiliations with a provider of medical services
13 that has an uncollected debt, a provider that has been or
14 is subject to a payment suspension under a federal health
15 care program, or a provider that has been previously
16 excluded from participation in the medical assistance
17 program, poses a risk of fraud, waste, or abuse to the
18 Illinois Department.
19 As used in this subsection, "credible allegation" is
20defined to include an allegation from any source, including,
21but not limited to, fraud hotline complaints, claims data
22mining, patterns identified through provider audits, civil
23actions filed under the Illinois False Claims Act, and law
24enforcement investigations. An allegation is considered to be
25credible when it has indicia of reliability.
26 (B) The Illinois Department shall deny, suspend or

HB5597- 1134 -LRB098 15874 AMC 50917 b
1terminate the eligibility of any person, firm, corporation,
2association, agency, institution or other legal entity to
3participate as a vendor of goods or services to recipients
4under the medical assistance program under Article V, or may
5exclude any such person or entity from participation as such a
6vendor:
7 (1) immediately, if such vendor is not properly
8 licensed, certified, or authorized;
9 (2) within 30 days of the date when such vendor's
10 professional license, certification or other authorization
11 has been refused renewal, restricted, revoked, suspended,
12 or otherwise terminated; or
13 (3) if such vendor has been convicted of a violation of
14 this Code, as provided in Article VIIIA.
15 (C) Upon termination, suspension, or exclusion of a vendor
16of goods or services from participation in the medical
17assistance program authorized by this Article, a person with
18management responsibility for such vendor during the time of
19any conduct which served as the basis for that vendor's
20termination, suspension, or exclusion is barred from
21participation in the medical assistance program.
22 Upon termination, suspension, or exclusion of a corporate
23vendor, the officers and persons owning, directly or
24indirectly, 5% or more of the shares of stock or other
25evidences of ownership in the vendor during the time of any
26conduct which served as the basis for that vendor's

HB5597- 1135 -LRB098 15874 AMC 50917 b
1termination, suspension, or exclusion are barred from
2participation in the medical assistance program. A person who
3owns, directly or indirectly, 5% or more of the shares of stock
4or other evidences of ownership in a terminated, suspended, or
5excluded vendor may not transfer his or her ownership interest
6in that vendor to his or her spouse, child, brother, sister,
7parent, grandparent, grandchild, uncle, aunt, niece, nephew,
8cousin, or relative by marriage.
9 Upon termination, suspension, or exclusion of a sole
10proprietorship or partnership, the owner or partners during the
11time of any conduct which served as the basis for that vendor's
12termination, suspension, or exclusion are barred from
13participation in the medical assistance program. The owner of a
14terminated, suspended, or excluded vendor that is a sole
15proprietorship, and a partner in a terminated, suspended, or
16excluded vendor that is a partnership, may not transfer his or
17her ownership or partnership interest in that vendor to his or
18her spouse, child, brother, sister, parent, grandparent,
19grandchild, uncle, aunt, niece, nephew, cousin, or relative by
20marriage.
21 A person who owns, directly or indirectly, 5% or more of
22the shares of stock or other evidences of ownership in a
23corporate or limited liability company vendor who owes a debt
24to the Department, if that vendor has not made payment
25arrangements acceptable to the Department, shall not transfer
26his or her ownership interest in that vendor, or vendor assets

HB5597- 1136 -LRB098 15874 AMC 50917 b
1of any kind, to his or her spouse, child, brother, sister,
2parent, grandparent, grandchild, uncle, aunt, niece, nephew,
3cousin, or relative by marriage.
4 Rules adopted by the Illinois Department to implement these
5provisions shall specifically include a definition of the term
6"management responsibility" as used in this Section. Such
7definition shall include, but not be limited to, typical job
8titles, and duties and descriptions which will be considered as
9within the definition of individuals with management
10responsibility for a provider.
11 A vendor or a prior vendor who has been terminated,
12excluded, or suspended from the medical assistance program, or
13from another state or federal medical assistance or health care
14program, and any individual currently or previously barred from
15the medical assistance program, or from another state or
16federal medical assistance or health care program, as a result
17of being an officer or a person owning, directly or indirectly,
185% or more of the shares of stock or other evidences of
19ownership in a corporate or limited liability company vendor
20during the time of any conduct which served as the basis for
21that vendor's termination, suspension, or exclusion, may be
22required to post a surety bond as part of a condition of
23enrollment or participation in the medical assistance program.
24The Illinois Department shall establish, by rule, the criteria
25and requirements for determining when a surety bond must be
26posted and the value of the bond.

HB5597- 1137 -LRB098 15874 AMC 50917 b
1 A vendor or a prior vendor who has a debt owed to the
2Illinois Department and any individual currently or previously
3barred from the medical assistance program, or from another
4state or federal medical assistance or health care program, as
5a result of being an officer or a person owning, directly or
6indirectly, 5% or more of the shares of stock or other
7evidences of ownership in that corporate or limited liability
8company vendor during the time of any conduct which served as
9the basis for the debt, may be required to post a surety bond
10as part of a condition of enrollment or participation in the
11medical assistance program. The Illinois Department shall
12establish, by rule, the criteria and requirements for
13determining when a surety bond must be posted and the value of
14the bond.
15 (D) If a vendor has been suspended from the medical
16assistance program under Article V of the Code, the Director
17may require that such vendor correct any deficiencies which
18served as the basis for the suspension. The Director shall
19specify in the suspension order a specific period of time,
20which shall not exceed one year from the date of the order,
21during which a suspended vendor shall not be eligible to
22participate. At the conclusion of the period of suspension the
23Director shall reinstate such vendor, unless he finds that such
24vendor has not corrected deficiencies upon which the suspension
25was based.
26 If a vendor has been terminated, suspended, or excluded

HB5597- 1138 -LRB098 15874 AMC 50917 b
1from the medical assistance program under Article V, such
2vendor shall be barred from participation for at least one
3year, except that if a vendor has been terminated, suspended,
4or excluded based on a conviction of a violation of Article
5VIIIA or a conviction of a felony based on fraud or a willful
6misrepresentation related to (i) the medical assistance
7program under Article V, (ii) a federal or another state's
8medical assistance or health care program, or (iii) the
9provision of health care services, then the vendor shall be
10barred from participation for 5 years or for the length of the
11vendor's sentence for that conviction, whichever is longer. At
12the end of one year a vendor who has been terminated,
13suspended, or excluded may apply for reinstatement to the
14program. Upon proper application to be reinstated such vendor
15may be deemed eligible by the Director providing that such
16vendor meets the requirements for eligibility under this Code.
17If such vendor is deemed not eligible for reinstatement, he
18shall be barred from again applying for reinstatement for one
19year from the date his application for reinstatement is denied.
20 A vendor whose termination, suspension, or exclusion from
21participation in the Illinois medical assistance program under
22Article V was based solely on an action by a governmental
23entity other than the Illinois Department may, upon
24reinstatement by that governmental entity or upon reversal of
25the termination, suspension, or exclusion, apply for
26rescission of the termination, suspension, or exclusion from

HB5597- 1139 -LRB098 15874 AMC 50917 b
1participation in the Illinois medical assistance program. Upon
2proper application for rescission, the vendor may be deemed
3eligible by the Director if the vendor meets the requirements
4for eligibility under this Code.
5 If a vendor has been terminated, suspended, or excluded and
6reinstated to the medical assistance program under Article V
7and the vendor is terminated, suspended, or excluded a second
8or subsequent time from the medical assistance program, the
9vendor shall be barred from participation for at least 2 years,
10except that if a vendor has been terminated, suspended, or
11excluded a second time based on a conviction of a violation of
12Article VIIIA or a conviction of a felony based on fraud or a
13willful misrepresentation related to (i) the medical
14assistance program under Article V, (ii) a federal or another
15state's medical assistance or health care program, or (iii) the
16provision of health care services, then the vendor shall be
17barred from participation for life. At the end of 2 years, a
18vendor who has been terminated, suspended, or excluded may
19apply for reinstatement to the program. Upon application to be
20reinstated, the vendor may be deemed eligible if the vendor
21meets the requirements for eligibility under this Code. If the
22vendor is deemed not eligible for reinstatement, the vendor
23shall be barred from again applying for reinstatement for 2
24years from the date the vendor's application for reinstatement
25is denied.
26 (E) The Illinois Department may recover money improperly or

HB5597- 1140 -LRB098 15874 AMC 50917 b
1erroneously paid, or overpayments, either by setoff, crediting
2against future billings or by requiring direct repayment to the
3Illinois Department. The Illinois Department may suspend or
4deny payment, in whole or in part, if such payment would be
5improper or erroneous or would otherwise result in overpayment.
6 (1) Payments may be suspended, denied, or recovered
7 from a vendor or alternate payee: (i) for services rendered
8 in violation of the Illinois Department's provider
9 notices, statutes, rules, and regulations; (ii) for
10 services rendered in violation of the terms and conditions
11 prescribed by the Illinois Department in its vendor
12 agreement; (iii) for any vendor who fails to grant the
13 Office of Inspector General timely access to full and
14 complete records, including, but not limited to, records
15 relating to recipients under the medical assistance
16 program for the most recent 6 years, in accordance with
17 Section 140.28 of Title 89 of the Illinois Administrative
18 Code, and other information for the purpose of audits,
19 investigations, or other program integrity functions,
20 after reasonable written request by the Inspector General;
21 this subsection (E) does not require vendors to make
22 available the medical records of patients for whom services
23 are not reimbursed under this Code or to provide access to
24 medical records more than 6 years old; (iv) when the vendor
25 has knowingly made, or caused to be made, any false
26 statement or representation of a material fact in

HB5597- 1141 -LRB098 15874 AMC 50917 b
1 connection with the administration of the medical
2 assistance program; or (v) when the vendor previously
3 rendered services while terminated, suspended, or excluded
4 from participation in the medical assistance program or
5 while terminated or excluded from participation in another
6 state or federal medical assistance or health care program.
7 (2) Notwithstanding any other provision of law, if a
8 vendor has the same taxpayer identification number
9 (assigned under Section 6109 of the Internal Revenue Code
10 of 1986) as is assigned to a vendor with past-due financial
11 obligations to the Illinois Department, the Illinois
12 Department may make any necessary adjustments to payments
13 to that vendor in order to satisfy any past-due
14 obligations, regardless of whether the vendor is assigned a
15 different billing number under the medical assistance
16 program.
17 (E-5) Civil monetary penalties.
18 (1) As used in this subsection (E-5):
19 (a) "Knowingly" means that a person, with respect
20 to information: (i) has actual knowledge of the
21 information; (ii) acts in deliberate ignorance of the
22 truth or falsity of the information; or (iii) acts in
23 reckless disregard of the truth or falsity of the
24 information. No proof of specific intent to defraud is
25 required.
26 (b) "Overpayment" means any funds that a person

HB5597- 1142 -LRB098 15874 AMC 50917 b
1 receives or retains from the medical assistance
2 program to which the person, after applicable
3 reconciliation, is not entitled under this Code.
4 (c) "Remuneration" means the offer or transfer of
5 items or services for free or for other than fair
6 market value by a person; however, remuneration does
7 not include items or services of a nominal value of no
8 more than $10 per item or service, or $50 in the
9 aggregate on an annual basis, or any other offer or
10 transfer of items or services as determined by the
11 Department.
12 (d) "Should know" means that a person, with respect
13 to information: (i) acts in deliberate ignorance of the
14 truth or falsity of the information; or (ii) acts in
15 reckless disregard of the truth or falsity of the
16 information. No proof of specific intent to defraud is
17 required.
18 (2) Any person (including a vendor, provider,
19 organization, agency, or other entity, or an alternate
20 payee thereof, but excluding a recipient) who:
21 (a) knowingly presents or causes to be presented to
22 an officer, employee, or agent of the State, a claim
23 that the Department determines:
24 (i) is for a medical or other item or service
25 that the person knows or should know was not
26 provided as claimed, including any person who

HB5597- 1143 -LRB098 15874 AMC 50917 b
1 engages in a pattern or practice of presenting or
2 causing to be presented a claim for an item or
3 service that is based on a code that the person
4 knows or should know will result in a greater
5 payment to the person than the code the person
6 knows or should know is applicable to the item or
7 service actually provided;
8 (ii) is for a medical or other item or service
9 and the person knows or should know that the claim
10 is false or fraudulent;
11 (iii) is presented for a vendor physician's
12 service, or an item or service incident to a vendor
13 physician's service, by a person who knows or
14 should know that the individual who furnished, or
15 supervised the furnishing of, the service:
16 (AA) was not licensed as a physician;
17 (BB) was licensed as a physician but such
18 license had been obtained through a
19 misrepresentation of material fact (including
20 cheating on an examination required for
21 licensing); or
22 (CC) represented to the patient at the
23 time the service was furnished that the
24 physician was certified in a medical specialty
25 by a medical specialty board, when the
26 individual was not so certified;

HB5597- 1144 -LRB098 15874 AMC 50917 b
1 (iv) is for a medical or other item or service
2 furnished during a period in which the person was
3 excluded from the medical assistance program or a
4 federal or state health care program under which
5 the claim was made pursuant to applicable law; or
6 (v) is for a pattern of medical or other items
7 or services that a person knows or should know are
8 not medically necessary;
9 (b) knowingly presents or causes to be presented to
10 any person a request for payment which is in violation
11 of the conditions for receipt of vendor payments under
12 the medical assistance program under Section 11-13 of
13 this Code;
14 (c) knowingly gives or causes to be given to any
15 person, with respect to medical assistance program
16 coverage of inpatient hospital services, information
17 that he or she knows or should know is false or
18 misleading, and that could reasonably be expected to
19 influence the decision when to discharge such person or
20 other individual from the hospital;
21 (d) in the case of a person who is not an
22 organization, agency, or other entity, is excluded
23 from participating in the medical assistance program
24 or a federal or state health care program and who, at
25 the time of a violation of this subsection (E-5):
26 (i) retains a direct or indirect ownership or

HB5597- 1145 -LRB098 15874 AMC 50917 b
1 control interest in an entity that is
2 participating in the medical assistance program or
3 a federal or state health care program, and who
4 knows or should know of the action constituting the
5 basis for the exclusion; or
6 (ii) is an officer or managing employee of such
7 an entity;
8 (e) offers or transfers remuneration to any
9 individual eligible for benefits under the medical
10 assistance program that such person knows or should
11 know is likely to influence such individual to order or
12 receive from a particular vendor, provider,
13 practitioner, or supplier any item or service for which
14 payment may be made, in whole or in part, under the
15 medical assistance program;
16 (f) arranges or contracts (by employment or
17 otherwise) with an individual or entity that the person
18 knows or should know is excluded from participation in
19 the medical assistance program or a federal or state
20 health care program, for the provision of items or
21 services for which payment may be made under such a
22 program;
23 (g) commits an act described in subsection (b) or
24 (c) of Section 8A-3;
25 (h) knowingly makes, uses, or causes to be made or
26 used, a false record or statement material to a false

HB5597- 1146 -LRB098 15874 AMC 50917 b
1 or fraudulent claim for payment for items and services
2 furnished under the medical assistance program;
3 (i) fails to grant timely access, upon reasonable
4 request (as defined by the Department by rule), to the
5 Inspector General, for the purpose of audits,
6 investigations, evaluations, or other statutory
7 functions of the Inspector General of the Department;
8 (j) orders or prescribes a medical or other item or
9 service during a period in which the person was
10 excluded from the medical assistance program or a
11 federal or state health care program, in the case where
12 the person knows or should know that a claim for such
13 medical or other item or service will be made under
14 such a program;
15 (k) knowingly makes or causes to be made any false
16 statement, omission, or misrepresentation of a
17 material fact in any application, bid, or contract to
18 participate or enroll as a vendor or provider of
19 services or a supplier under the medical assistance
20 program;
21 (l) knows of an overpayment and does not report and
22 return the overpayment to the Department in accordance
23 with paragraph (6);
24 shall be subject, in addition to any other penalties that
25 may be prescribed by law, to a civil money penalty of not
26 more than $10,000 for each item or service (or, in cases

HB5597- 1147 -LRB098 15874 AMC 50917 b
1 under subparagraph (c), $15,000 for each individual with
2 respect to whom false or misleading information was given;
3 in cases under subparagraph (d), $10,000 for each day the
4 prohibited relationship occurs; in cases under
5 subparagraph (g), $50,000 for each such act; in cases under
6 subparagraph (h), $50,000 for each false record or
7 statement; in cases under subparagraph (i), $15,000 for
8 each day of the failure described in such subparagraph; or
9 in cases under subparagraph (k), $50,000 for each false
10 statement, omission, or misrepresentation of a material
11 fact). In addition, such a person shall be subject to an
12 assessment of not more than 3 times the amount claimed for
13 each such item or service in lieu of damages sustained by
14 the State because of such claim (or, in cases under
15 subparagraph (g), damages of not more than 3 times the
16 total amount of remuneration offered, paid, solicited, or
17 received, without regard to whether a portion of such
18 remuneration was offered, paid, solicited, or received for
19 a lawful purpose; or in cases under subparagraph (k), an
20 assessment of not more than 3 times the total amount
21 claimed for each item or service for which payment was made
22 based upon the application, bid, or contract containing the
23 false statement, omission, or misrepresentation of a
24 material fact).
25 (3) In addition, the Director or his or her designee
26 may make a determination in the same proceeding to exclude,

HB5597- 1148 -LRB098 15874 AMC 50917 b
1 terminate, suspend, or bar the person from participation in
2 the medical assistance program.
3 (4) The Illinois Department may seek the civil monetary
4 penalties and exclusion, termination, suspension, or
5 barment identified in this subsection (E-5). Prior to the
6 imposition of any penalties or sanctions, the affected
7 person shall be afforded an opportunity for a hearing after
8 reasonable notice. The Department shall establish hearing
9 procedures by rule.
10 (5) Any final order, decision, or other determination
11 made, issued, or executed by the Director under the
12 provisions of this subsection (E-5), whereby a person is
13 aggrieved, shall be subject to review in accordance with
14 the provisions of the Administrative Review Law, and the
15 rules adopted pursuant thereto, which shall apply to and
16 govern all proceedings for the judicial review of final
17 administrative decisions of the Director.
18 (6)(a) If a person has received an overpayment, the
19 person shall:
20 (i) report and return the overpayment to the
21 Department at the correct address; and
22 (ii) notify the Department in writing of the reason
23 for the overpayment.
24 (b) An overpayment must be reported and returned under
25 subparagraph (a) by the later of:
26 (i) the date which is 60 days after the date on

HB5597- 1149 -LRB098 15874 AMC 50917 b
1 which the overpayment was identified; or
2 (ii) the date any corresponding cost report is due,
3 if applicable.
4 (E-10) A vendor who disputes an overpayment identified as
5part of a Department audit shall utilize the Department's
6self-referral disclosure protocol as set forth under this Code
7to identify, investigate, and return to the Department any
8undisputed audit overpayment amount. Unless the disputed
9overpayment amount is subject to a fraud payment suspension, or
10involves a termination sanction, the Department shall defer the
11recovery of the disputed overpayment amount up to one year
12after the date of the Department's final audit determination,
13or earlier, or as required by State or federal law. If the
14administrative hearing extends beyond one year, and such delay
15was not caused by the request of the vendor, then the
16Department shall not recover the disputed overpayment amount
17until the date of the final administrative decision. If a final
18administrative decision establishes that the disputed
19overpayment amount is owed to the Department, then the amount
20shall be immediately due to the Department. The Department
21shall be entitled to recover interest from the vendor on the
22overpayment amount from the date of the overpayment through the
23date the vendor returns the overpayment to the Department at a
24rate not to exceed the Wall Street Journal Prime Rate, as
25published from time to time, but not to exceed 5%. Any interest
26billed by the Department shall be due immediately upon receipt

HB5597- 1150 -LRB098 15874 AMC 50917 b
1of the Department's billing statement.
2 (F) The Illinois Department may withhold payments to any
3vendor or alternate payee prior to or during the pendency of
4any audit or proceeding under this Section, and through the
5pendency of any administrative appeal or administrative review
6by any court proceeding. The Illinois Department shall state by
7rule with as much specificity as practicable the conditions
8under which payments will not be withheld under this Section.
9Payments may be denied for bills submitted with service dates
10occurring during the pendency of a proceeding, after a final
11decision has been rendered, or after the conclusion of any
12administrative appeal, where the final administrative decision
13is to terminate, exclude, or suspend eligibility to participate
14in the medical assistance program. The Illinois Department
15shall state by rule with as much specificity as practicable the
16conditions under which payments will not be denied for such
17bills. The Illinois Department shall state by rule a process
18and criteria by which a vendor or alternate payee may request
19full or partial release of payments withheld under this
20subsection. The Department must complete a proceeding under
21this Section in a timely manner.
22 Notwithstanding recovery allowed under subsection (E) or
23this subsection (F), the Illinois Department may withhold
24payments to any vendor or alternate payee who is not properly
25licensed, certified, or in compliance with State or federal
26agency regulations. Payments may be denied for bills submitted

HB5597- 1151 -LRB098 15874 AMC 50917 b
1with service dates occurring during the period of time that a
2vendor is not properly licensed, certified, or in compliance
3with State or federal regulations. Facilities licensed under
4the Nursing Home Care Act shall have payments denied or
5withheld pursuant to subsection (I) of this Section.
6 (F-5) The Illinois Department may temporarily withhold
7payments to a vendor or alternate payee if any of the following
8individuals have been indicted or otherwise charged under a law
9of the United States or this or any other state with an offense
10that is based on alleged fraud or willful misrepresentation on
11the part of the individual related to (i) the medical
12assistance program under Article V of this Code, (ii) a federal
13or another state's medical assistance or health care program,
14or (iii) the provision of health care services:
15 (1) If the vendor or alternate payee is a corporation:
16 an officer of the corporation or an individual who owns,
17 either directly or indirectly, 5% or more of the shares of
18 stock or other evidence of ownership of the corporation.
19 (2) If the vendor is a sole proprietorship: the owner
20 of the sole proprietorship.
21 (3) If the vendor or alternate payee is a partnership:
22 a partner in the partnership.
23 (4) If the vendor or alternate payee is any other
24 business entity authorized by law to transact business in
25 this State: an officer of the entity or an individual who
26 owns, either directly or indirectly, 5% or more of the

HB5597- 1152 -LRB098 15874 AMC 50917 b
1 evidences of ownership of the entity.
2 If the Illinois Department withholds payments to a vendor
3or alternate payee under this subsection, the Department shall
4not release those payments to the vendor or alternate payee
5while any criminal proceeding related to the indictment or
6charge is pending unless the Department determines that there
7is good cause to release the payments before completion of the
8proceeding. If the indictment or charge results in the
9individual's conviction, the Illinois Department shall retain
10all withheld payments, which shall be considered forfeited to
11the Department. If the indictment or charge does not result in
12the individual's conviction, the Illinois Department shall
13release to the vendor or alternate payee all withheld payments.
14 (F-10) If the Illinois Department establishes that the
15vendor or alternate payee owes a debt to the Illinois
16Department, and the vendor or alternate payee subsequently
17fails to pay or make satisfactory payment arrangements with the
18Illinois Department for the debt owed, the Illinois Department
19may seek all remedies available under the law of this State to
20recover the debt, including, but not limited to, wage
21garnishment or the filing of claims or liens against the vendor
22or alternate payee.
23 (F-15) Enforcement of judgment.
24 (1) Any fine, recovery amount, other sanction, or costs
25 imposed, or part of any fine, recovery amount, other
26 sanction, or cost imposed, remaining unpaid after the

HB5597- 1153 -LRB098 15874 AMC 50917 b
1 exhaustion of or the failure to exhaust judicial review
2 procedures under the Illinois Administrative Review Law is
3 a debt due and owing the State and may be collected using
4 all remedies available under the law.
5 (2) After expiration of the period in which judicial
6 review under the Illinois Administrative Review Law may be
7 sought for a final administrative decision, unless stayed
8 by a court of competent jurisdiction, the findings,
9 decision, and order of the Director may be enforced in the
10 same manner as a judgment entered by a court of competent
11 jurisdiction.
12 (3) In any case in which any person or entity has
13 failed to comply with a judgment ordering or imposing any
14 fine or other sanction, any expenses incurred by the
15 Illinois Department to enforce the judgment, including,
16 but not limited to, attorney's fees, court costs, and costs
17 related to property demolition or foreclosure, after they
18 are fixed by a court of competent jurisdiction or the
19 Director, shall be a debt due and owing the State and may
20 be collected in accordance with applicable law. Prior to
21 any expenses being fixed by a final administrative decision
22 pursuant to this subsection (F-15), the Illinois
23 Department shall provide notice to the individual or entity
24 that states that the individual or entity shall appear at a
25 hearing before the administrative hearing officer to
26 determine whether the individual or entity has failed to

HB5597- 1154 -LRB098 15874 AMC 50917 b
1 comply with the judgment. The notice shall set the date for
2 such a hearing, which shall not be less than 7 days from
3 the date that notice is served. If notice is served by
4 mail, the 7-day period shall begin to run on the date that
5 the notice was deposited in the mail.
6 (4) Upon being recorded in the manner required by
7 Article XII of the Code of Civil Procedure or by the
8 Uniform Commercial Code, a lien shall be imposed on the
9 real estate or personal estate, or both, of the individual
10 or entity in the amount of any debt due and owing the State
11 under this Section. The lien may be enforced in the same
12 manner as a judgment of a court of competent jurisdiction.
13 A lien shall attach to all property and assets of such
14 person, firm, corporation, association, agency,
15 institution, or other legal entity until the judgment is
16 satisfied.
17 (5) The Director may set aside any judgment entered by
18 default and set a new hearing date upon a petition filed at
19 any time (i) if the petitioner's failure to appear at the
20 hearing was for good cause, or (ii) if the petitioner
21 established that the Department did not provide proper
22 service of process. If any judgment is set aside pursuant
23 to this paragraph (5), the hearing officer shall have
24 authority to enter an order extinguishing any lien which
25 has been recorded for any debt due and owing the Illinois
26 Department as a result of the vacated default judgment.

HB5597- 1155 -LRB098 15874 AMC 50917 b
1 (G) The provisions of the Administrative Review Law, as now
2or hereafter amended, and the rules adopted pursuant thereto,
3shall apply to and govern all proceedings for the judicial
4review of final administrative decisions of the Illinois
5Department under this Section. The term "administrative
6decision" is defined as in Section 3-101 of the Code of Civil
7Procedure.
8 (G-5) Vendors who pose a risk of fraud, waste, abuse, or
9harm.
10 (1) Notwithstanding any other provision in this
11 Section, the Department may terminate, suspend, or exclude
12 vendors who pose a risk of fraud, waste, abuse, or harm
13 from participation in the medical assistance program prior
14 to an evidentiary hearing but after reasonable notice and
15 opportunity to respond as established by the Department by
16 rule.
17 (2) Vendors who pose a risk of fraud, waste, abuse, or
18 harm shall submit to a fingerprint-based criminal
19 background check on current and future information
20 available in the State system and current information
21 available through the Federal Bureau of Investigation's
22 system by submitting all necessary fees and information in
23 the form and manner prescribed by the Department of State
24 Police. The following individuals shall be subject to the
25 check:
26 (A) In the case of a vendor that is a corporation,

HB5597- 1156 -LRB098 15874 AMC 50917 b
1 every shareholder who owns, directly or indirectly, 5%
2 or more of the outstanding shares of the corporation.
3 (B) In the case of a vendor that is a partnership,
4 every partner.
5 (C) In the case of a vendor that is a sole
6 proprietorship, the sole proprietor.
7 (D) Each officer or manager of the vendor.
8 Each such vendor shall be responsible for payment of
9 the cost of the criminal background check.
10 (3) Vendors who pose a risk of fraud, waste, abuse, or
11 harm may be required to post a surety bond. The Department
12 shall establish, by rule, the criteria and requirements for
13 determining when a surety bond must be posted and the value
14 of the bond.
15 (4) The Department, or its agents, may refuse to accept
16 requests for authorization from specific vendors who pose a
17 risk of fraud, waste, abuse, or harm, including
18 prior-approval and post-approval requests, if:
19 (A) the Department has initiated a notice of
20 termination, suspension, or exclusion of the vendor
21 from participation in the medical assistance program;
22 or
23 (B) the Department has issued notification of its
24 withholding of payments pursuant to subsection (F-5)
25 of this Section; or
26 (C) the Department has issued a notification of its

HB5597- 1157 -LRB098 15874 AMC 50917 b
1 withholding of payments due to reliable evidence of
2 fraud or willful misrepresentation pending
3 investigation.
4 (5) As used in this subsection, the following terms are
5 defined as follows:
6 (A) "Fraud" means an intentional deception or
7 misrepresentation made by a person with the knowledge
8 that the deception could result in some unauthorized
9 benefit to himself or herself or some other person. It
10 includes any act that constitutes fraud under
11 applicable federal or State law.
12 (B) "Abuse" means provider practices that are
13 inconsistent with sound fiscal, business, or medical
14 practices and that result in an unnecessary cost to the
15 medical assistance program or in reimbursement for
16 services that are not medically necessary or that fail
17 to meet professionally recognized standards for health
18 care. It also includes recipient practices that result
19 in unnecessary cost to the medical assistance program.
20 Abuse does not include diagnostic or therapeutic
21 measures conducted primarily as a safeguard against
22 possible vendor liability.
23 (C) "Waste" means the unintentional misuse of
24 medical assistance resources, resulting in unnecessary
25 cost to the medical assistance program. Waste does not
26 include diagnostic or therapeutic measures conducted

HB5597- 1158 -LRB098 15874 AMC 50917 b
1 primarily as a safeguard against possible vendor
2 liability.
3 (D) "Harm" means physical, mental, or monetary
4 damage to recipients or to the medical assistance
5 program.
6 (G-6) The Illinois Department, upon making a determination
7based upon information in the possession of the Illinois
8Department that continuation of participation in the medical
9assistance program by a vendor would constitute an immediate
10danger to the public, may immediately suspend such vendor's
11participation in the medical assistance program without a
12hearing. In instances in which the Illinois Department
13immediately suspends the medical assistance program
14participation of a vendor under this Section, a hearing upon
15the vendor's participation must be convened by the Illinois
16Department within 15 days after such suspension and completed
17without appreciable delay. Such hearing shall be held to
18determine whether to recommend to the Director that the
19vendor's medical assistance program participation be denied,
20terminated, suspended, placed on provisional status, or
21reinstated. In the hearing, any evidence relevant to the vendor
22constituting an immediate danger to the public may be
23introduced against such vendor; provided, however, that the
24vendor, or his or her counsel, shall have the opportunity to
25discredit, impeach, and submit evidence rebutting such
26evidence.

HB5597- 1159 -LRB098 15874 AMC 50917 b
1 (H) Nothing contained in this Code shall in any way limit
2or otherwise impair the authority or power of any State agency
3responsible for licensing of vendors.
4 (I) Based on a finding of noncompliance on the part of a
5nursing home with any requirement for certification under Title
6XVIII or XIX of the Social Security Act (42 U.S.C. Sec. 1395 et
7seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois Department
8may impose one or more of the following remedies after notice
9to the facility:
10 (1) Termination of the provider agreement.
11 (2) Temporary management.
12 (3) Denial of payment for new admissions.
13 (4) Civil money penalties.
14 (5) Closure of the facility in emergency situations or
15 transfer of residents, or both.
16 (6) State monitoring.
17 (7) Denial of all payments when the U.S. Department of
18 Health and Human Services has imposed this sanction.
19 The Illinois Department shall by rule establish criteria
20governing continued payments to a nursing facility subsequent
21to termination of the facility's provider agreement if, in the
22sole discretion of the Illinois Department, circumstances
23affecting the health, safety, and welfare of the facility's
24residents require those continued payments. The Illinois
25Department may condition those continued payments on the
26appointment of temporary management, sale of the facility to

HB5597- 1160 -LRB098 15874 AMC 50917 b
1new owners or operators, or other arrangements that the
2Illinois Department determines best serve the needs of the
3facility's residents.
4 Except in the case of a facility that has a right to a
5hearing on the finding of noncompliance before an agency of the
6federal government, a facility may request a hearing before a
7State agency on any finding of noncompliance within 60 days
8after the notice of the intent to impose a remedy. Except in
9the case of civil money penalties, a request for a hearing
10shall not delay imposition of the penalty. The choice of
11remedies is not appealable at a hearing. The level of
12noncompliance may be challenged only in the case of a civil
13money penalty. The Illinois Department shall provide by rule
14for the State agency that will conduct the evidentiary
15hearings.
16 The Illinois Department may collect interest on unpaid
17civil money penalties.
18 The Illinois Department may adopt all rules necessary to
19implement this subsection (I).
20 (J) The Illinois Department, by rule, may permit individual
21practitioners to designate that Department payments that may be
22due the practitioner be made to an alternate payee or alternate
23payees.
24 (a) Such alternate payee or alternate payees shall be
25 required to register as an alternate payee in the Medical
26 Assistance Program with the Illinois Department.

HB5597- 1161 -LRB098 15874 AMC 50917 b
1 (b) If a practitioner designates an alternate payee,
2 the alternate payee and practitioner shall be jointly and
3 severally liable to the Department for payments made to the
4 alternate payee. Pursuant to subsection (E) of this
5 Section, any Department action to suspend or deny payment
6 or recover money or overpayments from an alternate payee
7 shall be subject to an administrative hearing.
8 (c) Registration as an alternate payee or alternate
9 payees in the Illinois Medical Assistance Program shall be
10 conditional. At any time, the Illinois Department may deny
11 or cancel any alternate payee's registration in the
12 Illinois Medical Assistance Program without cause. Any
13 such denial or cancellation is not subject to an
14 administrative hearing.
15 (d) The Illinois Department may seek a revocation of
16 any alternate payee, and all owners, officers, and
17 individuals with management responsibility for such
18 alternate payee shall be permanently prohibited from
19 participating as an owner, an officer, or an individual
20 with management responsibility with an alternate payee in
21 the Illinois Medical Assistance Program, if after
22 reasonable notice and opportunity for a hearing the
23 Illinois Department finds that:
24 (1) the alternate payee is not complying with the
25 Department's policy or rules and regulations, or with
26 the terms and conditions prescribed by the Illinois

HB5597- 1162 -LRB098 15874 AMC 50917 b
1 Department in its alternate payee registration
2 agreement; or
3 (2) the alternate payee has failed to keep or make
4 available for inspection, audit, or copying, after
5 receiving a written request from the Illinois
6 Department, such records regarding payments claimed as
7 an alternate payee; or
8 (3) the alternate payee has failed to furnish any
9 information requested by the Illinois Department
10 regarding payments claimed as an alternate payee; or
11 (4) the alternate payee has knowingly made, or
12 caused to be made, any false statement or
13 representation of a material fact in connection with
14 the administration of the Illinois Medical Assistance
15 Program; or
16 (5) the alternate payee, a person with management
17 responsibility for an alternate payee, an officer or
18 person owning, either directly or indirectly, 5% or
19 more of the shares of stock or other evidences of
20 ownership in a corporate alternate payee, or a partner
21 in a partnership which is an alternate payee:
22 (a) was previously terminated, suspended, or
23 excluded from participation as a vendor in the
24 Illinois Medical Assistance Program, or was
25 previously revoked as an alternate payee in the
26 Illinois Medical Assistance Program, or was

HB5597- 1163 -LRB098 15874 AMC 50917 b
1 terminated, suspended, or excluded from
2 participation as a vendor in a medical assistance
3 program in another state that is of the same kind
4 as the program of medical assistance provided
5 under Article V of this Code; or
6 (b) was a person with management
7 responsibility for a vendor previously terminated,
8 suspended, or excluded from participation as a
9 vendor in the Illinois Medical Assistance Program,
10 or was previously revoked as an alternate payee in
11 the Illinois Medical Assistance Program, or was
12 terminated, suspended, or excluded from
13 participation as a vendor in a medical assistance
14 program in another state that is of the same kind
15 as the program of medical assistance provided
16 under Article V of this Code, during the time of
17 conduct which was the basis for that vendor's
18 termination, suspension, or exclusion or alternate
19 payee's revocation; or
20 (c) was an officer, or person owning, either
21 directly or indirectly, 5% or more of the shares of
22 stock or other evidences of ownership in a
23 corporate vendor previously terminated, suspended,
24 or excluded from participation as a vendor in the
25 Illinois Medical Assistance Program, or was
26 previously revoked as an alternate payee in the

HB5597- 1164 -LRB098 15874 AMC 50917 b
1 Illinois Medical Assistance Program, or was
2 terminated, suspended, or excluded from
3 participation as a vendor in a medical assistance
4 program in another state that is of the same kind
5 as the program of medical assistance provided
6 under Article V of this Code, during the time of
7 conduct which was the basis for that vendor's
8 termination, suspension, or exclusion; or
9 (d) was an owner of a sole proprietorship or
10 partner in a partnership previously terminated,
11 suspended, or excluded from participation as a
12 vendor in the Illinois Medical Assistance Program,
13 or was previously revoked as an alternate payee in
14 the Illinois Medical Assistance Program, or was
15 terminated, suspended, or excluded from
16 participation as a vendor in a medical assistance
17 program in another state that is of the same kind
18 as the program of medical assistance provided
19 under Article V of this Code, during the time of
20 conduct which was the basis for that vendor's
21 termination, suspension, or exclusion or alternate
22 payee's revocation; or
23 (6) the alternate payee, a person with management
24 responsibility for an alternate payee, an officer or
25 person owning, either directly or indirectly, 5% or
26 more of the shares of stock or other evidences of

HB5597- 1165 -LRB098 15874 AMC 50917 b
1 ownership in a corporate alternate payee, or a partner
2 in a partnership which is an alternate payee:
3 (a) has engaged in conduct prohibited by
4 applicable federal or State law or regulation
5 relating to the Illinois Medical Assistance
6 Program; or
7 (b) was a person with management
8 responsibility for a vendor or alternate payee at
9 the time that the vendor or alternate payee engaged
10 in practices prohibited by applicable federal or
11 State law or regulation relating to the Illinois
12 Medical Assistance Program; or
13 (c) was an officer, or person owning, either
14 directly or indirectly, 5% or more of the shares of
15 stock or other evidences of ownership in a vendor
16 or alternate payee at the time such vendor or
17 alternate payee engaged in practices prohibited by
18 applicable federal or State law or regulation
19 relating to the Illinois Medical Assistance
20 Program; or
21 (d) was an owner of a sole proprietorship or
22 partner in a partnership which was a vendor or
23 alternate payee at the time such vendor or
24 alternate payee engaged in practices prohibited by
25 applicable federal or State law or regulation
26 relating to the Illinois Medical Assistance

HB5597- 1166 -LRB098 15874 AMC 50917 b
1 Program; or
2 (7) the direct or indirect ownership of the vendor
3 or alternate payee (including the ownership of a vendor
4 or alternate payee that is a partner's interest in a
5 vendor or alternate payee, or ownership of 5% or more
6 of the shares of stock or other evidences of ownership
7 in a corporate vendor or alternate payee) has been
8 transferred by an individual who is terminated,
9 suspended, or excluded or barred from participating as
10 a vendor or is prohibited or revoked as an alternate
11 payee to the individual's spouse, child, brother,
12 sister, parent, grandparent, grandchild, uncle, aunt,
13 niece, nephew, cousin, or relative by marriage.
14 (K) The Illinois Department of Healthcare and Family
15Services may withhold payments, in whole or in part, to a
16provider or alternate payee where there is credible evidence,
17received from State or federal law enforcement or federal
18oversight agencies or from the results of a preliminary
19Department audit, that the circumstances giving rise to the
20need for a withholding of payments may involve fraud or willful
21misrepresentation under the Illinois Medical Assistance
22program. The Department shall by rule define what constitutes
23"credible" evidence for purposes of this subsection. The
24Department may withhold payments without first notifying the
25provider or alternate payee of its intention to withhold such
26payments. A provider or alternate payee may request a

HB5597- 1167 -LRB098 15874 AMC 50917 b
1reconsideration of payment withholding, and the Department
2must grant such a request. The Department shall state by rule a
3process and criteria by which a provider or alternate payee may
4request full or partial release of payments withheld under this
5subsection. This request may be made at any time after the
6Department first withholds such payments.
7 (a) The Illinois Department must send notice of its
8 withholding of program payments within 5 days of taking
9 such action. The notice must set forth the general
10 allegations as to the nature of the withholding action, but
11 need not disclose any specific information concerning its
12 ongoing investigation. The notice must do all of the
13 following:
14 (1) State that payments are being withheld in
15 accordance with this subsection.
16 (2) State that the withholding is for a temporary
17 period, as stated in paragraph (b) of this subsection,
18 and cite the circumstances under which withholding
19 will be terminated.
20 (3) Specify, when appropriate, which type or types
21 of Medicaid claims withholding is effective.
22 (4) Inform the provider or alternate payee of the
23 right to submit written evidence for reconsideration
24 of the withholding by the Illinois Department.
25 (5) Inform the provider or alternate payee that a
26 written request may be made to the Illinois Department

HB5597- 1168 -LRB098 15874 AMC 50917 b
1 for full or partial release of withheld payments and
2 that such requests may be made at any time after the
3 Department first withholds such payments.
4 (b) All withholding-of-payment actions under this
5 subsection shall be temporary and shall not continue after
6 any of the following:
7 (1) The Illinois Department or the prosecuting
8 authorities determine that there is insufficient
9 evidence of fraud or willful misrepresentation by the
10 provider or alternate payee.
11 (2) Legal proceedings related to the provider's or
12 alternate payee's alleged fraud, willful
13 misrepresentation, violations of this Act, or
14 violations of the Illinois Department's administrative
15 rules are completed.
16 (3) The withholding of payments for a period of 3
17 years.
18 (c) The Illinois Department may adopt all rules
19 necessary to implement this subsection (K).
20 (K-5) The Illinois Department may withhold payments, in
21whole or in part, to a provider or alternate payee upon
22initiation of an audit, quality of care review, investigation
23when there is a credible allegation of fraud, or the provider
24or alternate payee demonstrating a clear failure to cooperate
25with the Illinois Department such that the circumstances give
26rise to the need for a withholding of payments. As used in this

HB5597- 1169 -LRB098 15874 AMC 50917 b
1subsection, "credible allegation" is defined to include an
2allegation from any source, including, but not limited to,
3fraud hotline complaints, claims data mining, patterns
4identified through provider audits, civil actions filed under
5the Illinois False Claims Act, and law enforcement
6investigations. An allegation is considered to be credible when
7it has indicia of reliability. The Illinois Department may
8withhold payments without first notifying the provider or
9alternate payee of its intention to withhold such payments. A
10provider or alternate payee may request a hearing or a
11reconsideration of payment withholding, and the Illinois
12Department must grant such a request. The Illinois Department
13shall state by rule a process and criteria by which a provider
14or alternate payee may request a hearing or a reconsideration
15for the full or partial release of payments withheld under this
16subsection. This request may be made at any time after the
17Illinois Department first withholds such payments.
18 (a) The Illinois Department must send notice of its
19 withholding of program payments within 5 days of taking
20 such action. The notice must set forth the general
21 allegations as to the nature of the withholding action but
22 need not disclose any specific information concerning its
23 ongoing investigation. The notice must do all of the
24 following:
25 (1) State that payments are being withheld in
26 accordance with this subsection.

HB5597- 1170 -LRB098 15874 AMC 50917 b
1 (2) State that the withholding is for a temporary
2 period, as stated in paragraph (b) of this subsection,
3 and cite the circumstances under which withholding
4 will be terminated.
5 (3) Specify, when appropriate, which type or types
6 of claims are withheld.
7 (4) Inform the provider or alternate payee of the
8 right to request a hearing or a reconsideration of the
9 withholding by the Illinois Department, including the
10 ability to submit written evidence.
11 (5) Inform the provider or alternate payee that a
12 written request may be made to the Illinois Department
13 for a hearing or a reconsideration for the full or
14 partial release of withheld payments and that such
15 requests may be made at any time after the Illinois
16 Department first withholds such payments.
17 (b) All withholding of payment actions under this
18 subsection shall be temporary and shall not continue after
19 any of the following:
20 (1) The Illinois Department determines that there
21 is insufficient evidence of fraud, or the provider or
22 alternate payee demonstrates clear cooperation with
23 the Illinois Department, as determined by the Illinois
24 Department, such that the circumstances do not give
25 rise to the need for withholding of payments; or
26 (2) The withholding of payments has lasted for a

HB5597- 1171 -LRB098 15874 AMC 50917 b
1 period in excess of 3 years.
2 (c) The Illinois Department may adopt all rules
3 necessary to implement this subsection (K-5).
4 (L) The Illinois Department shall establish a protocol to
5enable health care providers to disclose an actual or potential
6violation of this Section pursuant to a self-referral
7disclosure protocol, referred to in this subsection as "the
8protocol". The protocol shall include direction for health care
9providers on a specific person, official, or office to whom
10such disclosures shall be made. The Illinois Department shall
11post information on the protocol on the Illinois Department's
12public website. The Illinois Department may adopt rules
13necessary to implement this subsection (L). In addition to
14other factors that the Illinois Department finds appropriate,
15the Illinois Department may consider a health care provider's
16timely use or failure to use the protocol in considering the
17provider's failure to comply with this Code.
18 (M) Notwithstanding any other provision of this Code, the
19Illinois Department, at its discretion, may exempt an entity
20licensed under the Nursing Home Care Act and the ID/DD
21Community Care Act from the provisions of subsections (A-15),
22(B), and (C) of this Section if the licensed entity is in
23receivership.
24(Source: P.A. 97-689, eff. 6-14-12; 97-1150, eff. 1-25-13;
2598-214, eff. 8-9-13; 98-550, eff. 8-27-13; revised 9-19-13.)

HB5597- 1172 -LRB098 15874 AMC 50917 b
1 (305 ILCS 5/12-4.45)
2 Sec. 12-4.45. Third party liability.
3 (a) To the extent authorized under federal law, the
4Department of Healthcare and Family Services shall identify
5individuals receiving services under medical assistance
6programs funded or partially funded by the State who may be or
7may have been covered by a third party health insurer, the
8period of coverage for such individuals, and the nature of
9coverage. A company, as defined in Section 5.5 of the Illinois
10Insurance Code and Section 2 of the Comprehensive Health
11Insurance Plan Act, must provide the Department eligibility
12information in a federally recommended or mutually agreed-upon
13format that includes at a minimum:
14 (1) The names, addresses, dates, and sex of primary
15 covered persons.
16 (2) The policy group numbers of the covered persons.
17 (3) The names, dates of birth, and sex of covered
18 dependents, and the relationship of dependents to the
19 primary covered person.
20 (4) The effective dates of coverage for each covered
21 person.
22 (5) The generally defined covered services
23 information, such as drugs, medical, or any other similar
24 description of services covered.
25 (b) The Department may impose an administrative penalty on
26a company that does not comply with the request for information

HB5597- 1173 -LRB098 15874 AMC 50917 b
1made under Section 5.5 of the Illinois Insurance Code and
2paragraph (3) of subsection (a) of Section 20 of the Covering
3ALL KIDS Health Insurance Act. The amount of the penalty shall
4not exceed $10,000 per day for each day of noncompliance that
5occurs after the 180th day after the date of the request. The
6first day of the 180-day period commences on the business day
7following the date of the correspondence requesting the
8information sent by the Department to the company. The amount
9shall be based on:
10 (1) The seriousness of the violation, including the
11 nature, circumstances, extent, and gravity of the
12 violation.
13 (2) The economic harm caused by the violation.
14 (3) The history of previous violations.
15 (4) The amount necessary to deter a future violation.
16 (5) Efforts to correct the violation.
17 (6) Any other matter that justice may require.
18 (c) The enforcement of the penalty may be stayed during the
19time the order is under administrative review if the company
20files an appeal.
21 (d) The Attorney General may bring suit on behalf of the
22Department to collect the penalty.
23 (e) Recoveries made by the Department in connection with
24the imposition of an administrative penalty as provided under
25this Section shall be deposited into the Public Aid Recoveries
26Trust Fund created under Section 12-9.

HB5597- 1174 -LRB098 15874 AMC 50917 b
1(Source: P.A. 98-130, eff. 8-2-13.)
2 (305 ILCS 5/12-4.46)
3 Sec. 12-4.46 12-4.45. Change in legal guardianship;
4notification. Whenever there is a change in legal guardianship
5of a minor child who receives benefits under this Code, the
6appropriate State agency shall immediately inform the
7Department of Human Services of the change in legal
8guardianship to ensure such benefits are sent directly to the
9minor child's legal guardian.
10 For purposes of this Section, "legal guardian" means a
11person appointed guardian, or given custody, of a minor by a
12circuit court of the State, but does not include a person
13appointed guardian, or given custody, of a minor under the
14Juvenile Court Act or the Juvenile Court Act of 1987.
15(Source: P.A. 98-256, eff. 8-9-13; revised 10-31-13.)
16 Section 545. The Adult Protective Services Act is amended
17by changing Sections 2 and 7.5 as follows:
18 (320 ILCS 20/2) (from Ch. 23, par. 6602)
19 Sec. 2. Definitions. As used in this Act, unless the
20context requires otherwise:
21 (a) "Abuse" means causing any physical, mental or sexual
22injury to an eligible adult, including exploitation of such
23adult's financial resources.

HB5597- 1175 -LRB098 15874 AMC 50917 b
1 Nothing in this Act shall be construed to mean that an
2eligible adult is a victim of abuse, neglect, or self-neglect
3for the sole reason that he or she is being furnished with or
4relies upon treatment by spiritual means through prayer alone,
5in accordance with the tenets and practices of a recognized
6church or religious denomination.
7 Nothing in this Act shall be construed to mean that an
8eligible adult is a victim of abuse because of health care
9services provided or not provided by licensed health care
10professionals.
11 (a-5) "Abuser" means a person who abuses, neglects, or
12financially exploits an eligible adult.
13 (a-6) "Adult with disabilities" means a person aged 18
14through 59 who resides in a domestic living situation and whose
15disability impairs his or her ability to seek or obtain
16protection from abuse, neglect, or exploitation.
17 (a-7) "Caregiver" means a person who either as a result of
18a family relationship, voluntarily, or in exchange for
19compensation has assumed responsibility for all or a portion of
20the care of an eligible adult who needs assistance with
21activities of daily living.
22 (b) "Department" means the Department on Aging of the State
23of Illinois.
24 (c) "Director" means the Director of the Department.
25 (c-5) "Disability" means a physical or mental disability,
26including, but not limited to, a developmental disability, an

HB5597- 1176 -LRB098 15874 AMC 50917 b
1intellectual disability, a mental illness as defined under the
2Mental Health and Developmental Disabilities Code, or dementia
3as defined under the Alzheimer's Disease Assistance Act.
4 (d) "Domestic living situation" means a residence where the
5eligible adult at the time of the report lives alone or with
6his or her family or a caregiver, or others, or other
7community-based unlicensed facility, but is not:
8 (1) A licensed facility as defined in Section 1-113 of
9 the Nursing Home Care Act;
10 (1.5) A facility licensed under the ID/DD Community
11 Care Act;
12 (1.7) A facility licensed under the Specialized Mental
13 Health Rehabilitation Act of 2013;
14 (2) A "life care facility" as defined in the Life Care
15 Facilities Act;
16 (3) A home, institution, or other place operated by the
17 federal government or agency thereof or by the State of
18 Illinois;
19 (4) A hospital, sanitarium, or other institution, the
20 principal activity or business of which is the diagnosis,
21 care, and treatment of human illness through the
22 maintenance and operation of organized facilities
23 therefor, which is required to be licensed under the
24 Hospital Licensing Act;
25 (5) A "community living facility" as defined in the
26 Community Living Facilities Licensing Act;

HB5597- 1177 -LRB098 15874 AMC 50917 b
1 (6) (Blank);
2 (7) A "community-integrated living arrangement" as
3 defined in the Community-Integrated Living Arrangements
4 Licensure and Certification Act or a "community
5 residential alternative" as licensed under that Act;
6 (8) An assisted living or shared housing establishment
7 as defined in the Assisted Living and Shared Housing Act;
8 or
9 (9) A supportive living facility as described in
10 Section 5-5.01a of the Illinois Public Aid Code.
11 (e) "Eligible adult" means either an adult with
12disabilities aged 18 through 59 or a person aged 60 or older
13who resides in a domestic living situation and is, or is
14alleged to be, abused, neglected, or financially exploited by
15another individual or who neglects himself or herself.
16 (f) "Emergency" means a situation in which an eligible
17adult is living in conditions presenting a risk of death or
18physical, mental or sexual injury and the provider agency has
19reason to believe the eligible adult is unable to consent to
20services which would alleviate that risk.
21 (f-1) "Financial exploitation" means the use of an eligible
22adult's resources by another to the disadvantage of that adult
23or the profit or advantage of a person other than that adult.
24 (f-5) "Mandated reporter" means any of the following
25persons while engaged in carrying out their professional
26duties:

HB5597- 1178 -LRB098 15874 AMC 50917 b
1 (1) a professional or professional's delegate while
2 engaged in: (i) social services, (ii) law enforcement,
3 (iii) education, (iv) the care of an eligible adult or
4 eligible adults, or (v) any of the occupations required to
5 be licensed under the Clinical Psychologist Licensing Act,
6 the Clinical Social Work and Social Work Practice Act, the
7 Illinois Dental Practice Act, the Dietitian Nutritionist
8 Practice Act, the Marriage and Family Therapy Licensing
9 Act, the Medical Practice Act of 1987, the Naprapathic
10 Practice Act, the Nurse Practice Act, the Nursing Home
11 Administrators Licensing and Disciplinary Act, the
12 Illinois Occupational Therapy Practice Act, the Illinois
13 Optometric Practice Act of 1987, the Pharmacy Practice Act,
14 the Illinois Physical Therapy Act, the Physician Assistant
15 Practice Act of 1987, the Podiatric Medical Practice Act of
16 1987, the Respiratory Care Practice Act, the Professional
17 Counselor and Clinical Professional Counselor Licensing
18 and Practice Act, the Illinois Speech-Language Pathology
19 and Audiology Practice Act, the Veterinary Medicine and
20 Surgery Practice Act of 2004, and the Illinois Public
21 Accounting Act;
22 (1.5) an employee of an entity providing developmental
23 disabilities services or service coordination funded by
24 the Department of Human Services;
25 (2) an employee of a vocational rehabilitation
26 facility prescribed or supervised by the Department of

HB5597- 1179 -LRB098 15874 AMC 50917 b
1 Human Services;
2 (3) an administrator, employee, or person providing
3 services in or through an unlicensed community based
4 facility;
5 (4) any religious practitioner who provides treatment
6 by prayer or spiritual means alone in accordance with the
7 tenets and practices of a recognized church or religious
8 denomination, except as to information received in any
9 confession or sacred communication enjoined by the
10 discipline of the religious denomination to be held
11 confidential;
12 (5) field personnel of the Department of Healthcare and
13 Family Services, Department of Public Health, and
14 Department of Human Services, and any county or municipal
15 health department;
16 (6) personnel of the Department of Human Services, the
17 Guardianship and Advocacy Commission, the State Fire
18 Marshal, local fire departments, the Department on Aging
19 and its subsidiary Area Agencies on Aging and provider
20 agencies, and the Office of State Long Term Care Ombudsman;
21 (7) any employee of the State of Illinois not otherwise
22 specified herein who is involved in providing services to
23 eligible adults, including professionals providing medical
24 or rehabilitation services and all other persons having
25 direct contact with eligible adults;
26 (8) a person who performs the duties of a coroner or

HB5597- 1180 -LRB098 15874 AMC 50917 b
1 medical examiner; or
2 (9) a person who performs the duties of a paramedic or
3 an emergency medical technician.
4 (g) "Neglect" means another individual's failure to
5provide an eligible adult with or willful withholding from an
6eligible adult the necessities of life including, but not
7limited to, food, clothing, shelter or health care. This
8subsection does not create any new affirmative duty to provide
9support to eligible adults. Nothing in this Act shall be
10construed to mean that an eligible adult is a victim of neglect
11because of health care services provided or not provided by
12licensed health care professionals.
13 (h) "Provider agency" means any public or nonprofit agency
14in a planning and service area appointed by the regional
15administrative agency with prior approval by the Department on
16Aging to receive and assess reports of alleged or suspected
17abuse, neglect, or financial exploitation. A provider agency is
18also referenced as a "designated agency" in this Act.
19 (i) "Regional administrative agency" means any public or
20nonprofit agency in a planning and service area so designated
21by the Department, provided that the designated Area Agency on
22Aging shall be designated the regional administrative agency if
23it so requests. The Department shall assume the functions of
24the regional administrative agency for any planning and service
25area where another agency is not so designated.
26 (i-5) "Self-neglect" means a condition that is the result

HB5597- 1181 -LRB098 15874 AMC 50917 b
1of an eligible adult's inability, due to physical or mental
2impairments, or both, or a diminished capacity, to perform
3essential self-care tasks that substantially threaten his or
4her own health, including: providing essential food, clothing,
5shelter, and health care; and obtaining goods and services
6necessary to maintain physical health, mental health,
7emotional well-being, and general safety. The term includes
8compulsive hoarding, which is characterized by the acquisition
9and retention of large quantities of items and materials that
10produce an extensively cluttered living space, which
11significantly impairs the performance of essential self-care
12tasks or otherwise substantially threatens life or safety.
13 (j) "Substantiated case" means a reported case of alleged
14or suspected abuse, neglect, financial exploitation, or
15self-neglect in which a provider agency, after assessment,
16determines that there is reason to believe abuse, neglect, or
17financial exploitation has occurred.
18(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300,
19eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12;
2097-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff.
217-22-13; revised 9-19-13.)
22 (320 ILCS 20/7.5)
23 Sec. 7.5. Health Care Worker Registry.
24 (a) Reporting to the Registry. The Department on Aging
25shall report to the Department of Public Health's Health Care

HB5597- 1182 -LRB098 15874 AMC 50917 b
1Worker Registry the identity and administrative finding of a
2verified and substantiated decision of abuse, neglect, or
3financial exploitation of an eligible adult under this Act that
4is made against any caregiver, including consultants and
5volunteers, employed by a provider licensed, certified, or
6regulated by, or paid with public funds from, the Department of
7Public Health, Healthcare and Family Services, or Human
8Services, or the Department on Aging. For uncompensated or
9privately paid caregivers, the Department on Aging shall report
10only a verified and substantiated decision of significant
11abuse, neglect, or financial exploitation of an eligible adult
12under this Act. An administrative finding placed in the
13Registry shall preclude any caregiver from providing direct
14access or other services, including consulting and
15volunteering, in a position with a provider that is licensed,
16certified, or regulated by, or paid with public funds from or
17on behalf of, the State of Illinois or any Department thereof,
18that permits the caregiver direct access to an adult aged 60 or
19older or an adult, over 18, with a disability or to that
20individual's living quarters or personal, financial, or
21medical records.
22 (b) Definitions. As used in this Section:
23 "Direct care" includes, but is not limited to, direct
24access to an individual, his or her living quarters, or his or
25her personal, financial, or medical records for the purpose of
26providing nursing care or assistance with feeding, dressing,

HB5597- 1183 -LRB098 15874 AMC 50917 b
1movement, bathing, toileting, other personal needs and
2activities of daily living, or assistance with financial
3transactions.
4 "Privately paid caregiver" means any caregiver who has been
5paid with resources other than public funds, regardless of
6licensure, certification, or regulation by the State of
7Illinois and any Department thereof. A privately paid caregiver
8does not include any caregiver that has been licensed,
9certified, or regulated by a State agency, or paid with public
10funds.
11 "Significant" means a finding of abuse, neglect, or
12financial exploitation as determined by the Department that (i)
13represents a meaningful failure to adequately provide for, or a
14material indifference to, the financial, health, safety, or
15medical needs of an eligible adult or (ii) results in an
16eligible adult's death or other serious deterioration of an
17eligible adult's financial resources, physical condition, or
18mental condition.
19 "Uncompensated caregiver" means a caregiver who, in an
20informal capacity, assists an eligible adult with activities of
21daily living, financial transactions, or chore housekeeping
22type duties. "Uncompensated caregiver" does not refer to an
23individual serving in a formal capacity as a volunteer with a
24provider licensed, certified, or regulated by a State agency.
25 (c) Access to and use of the Registry. Access to the
26Registry shall be limited to licensed, certified, or regulated

HB5597- 1184 -LRB098 15874 AMC 50917 b
1providers by the Department of Public Health, Healthcare and
2Family Service, or Human Services, or the Department on Aging.
3The State of Illinois, any Department thereof, or a provider
4licensed, certified, or regulated, or paid with public funds
5by, from, or on behalf of the Department of Public Health,
6Healthcare and Family Services, or Human Services, or the
7Department on Aging, shall not hire or compensate any person
8seeking employment, retain any contractors, or accept any
9volunteers to provide direct care without first conducting an
10online check of the person through the Department of Public
11Health's Health Care Worker Registry. The provider shall
12maintain a copy of the results of the online check to
13demonstrate compliance with this requirement. The provider is
14prohibited from hiring, compensating, or accepting a person,
15including as a consultant or volunteer, for whom the online
16check reveals a verified and substantiated claim of abuse,
17neglect, or financial exploitation, to provide direct access to
18any adult aged 60 or older or any adult, over 18, with a
19disability. Additionally, a provider is prohibited from
20retaining a person for whom they gain knowledge of a verified
21and substantiated claim of abuse, neglect, or financial
22exploitation in a position that permits the caregiver direct
23access to provide direct care to any adult aged 60 or older or
24any adult, over 18, with a disability or direct access to that
25individual's living quarters or personal, financial, or
26medical records. Failure to comply with this requirement may

HB5597- 1185 -LRB098 15874 AMC 50917 b
1subject such a provider to corrective action by the appropriate
2regulatory agency or other lawful remedies provided under the
3applicable licensure, certification, or regulatory laws and
4rules.
5 (d) Notice to caregiver. The Department on Aging shall
6establish rules concerning notice to the caregiver in cases of
7abuse, neglect, or financial exploitation.
8 (e) Notification to eligible adults, guardians, or agents.
9As part of its investigation, the Department on Aging shall
10notify an eligible adult, or an eligible adult's guardian or
11agent, that a caregiver's name may be placed on the Registry
12based on a finding as described in subsection (a) (a-1) of this
13Section.
14 (f) Notification to employer. A provider licensed,
15certified, or regulated by the Department of Public Health,
16Healthcare and Family Services, or Human Services, or the
17Department on Aging shall be notified of an administrative
18finding against any caregiver who is an employee, consultant,
19or volunteer of a verified and substantiated decision of abuse,
20neglect, or financial exploitation of an eligible adult under
21this Act. If there is an imminent risk of danger to the
22eligible adult or an imminent risk of misuse of personal,
23medical, or financial information, the caregiver shall
24immediately be barred from direct access to the eligible adult,
25his or her living quarters, or his or her personal, financial,
26or medical records, pending the outcome of any challenge,

HB5597- 1186 -LRB098 15874 AMC 50917 b
1criminal prosecution, or other type of collateral action.
2 (g) Caregiver challenges. The Department on Aging shall
3establish, by rule, procedures concerning caregiver
4challenges.
5 (h) Caregiver's rights to collateral action. The
6Department on Aging shall not make any report to the Registry
7if a caregiver notifies the Department in writing, including
8any supporting documentation, that he or she is formally
9challenging an adverse employment action resulting from a
10verified and substantiated finding of abuse, neglect, or
11financial exploitation by complaint filed with the Illinois
12Civil Service Commission, or by another means which seeks to
13enforce the caregiver's rights pursuant to any applicable
14collective bargaining agreement. If an action taken by an
15employer against a caregiver as a result of a finding of abuse,
16neglect, or financial exploitation is overturned through an
17action filed with the Illinois Civil Service Commission or
18under any applicable collective bargaining agreement after
19that caregiver's name has already been sent to the Registry,
20the caregiver's name shall be removed from the Registry.
21 (i) Removal from Registry. At any time after a report to
22the Registry, but no more than once in each successive 3-year
23period thereafter, for a maximum of 3 such requests, a
24caregiver may write to the Director of the Department on Aging
25to request removal of his or her name from the Registry in
26relationship to a single incident. The caregiver shall bear the

HB5597- 1187 -LRB098 15874 AMC 50917 b
1burden of showing cause that establishes, by a preponderance of
2the evidence, that removal of his or her name from the Registry
3is in the public interest. Upon receiving such a request, the
4Department on Aging shall conduct an investigation and consider
5any evidentiary material provided. The Department shall issue a
6decision either granting or denying removal within 60 calendar
7days, and shall issue such decision to the caregiver and the
8Registry. The waiver process at the Department of Public Health
9does not apply to Registry reports from the Department on
10Aging. The Department on Aging shall establish standards for
11the removal of a name from the Registry by rule.
12 (j) Referral of Registry reports to health care facilities.
13In the event an eligible adult receiving services from a
14provider agency changes his or her residence from a domestic
15living situation to that of a health care facility, the
16provider agency shall use reasonable efforts to promptly inform
17the health care facility and the appropriate Regional Long Term
18Care Ombudsman about any Registry reports relating to the
19eligible adult. For purposes of this Section, a health care
20facility includes, but is not limited to, any residential
21facility licensed, certified, or regulated by the Department of
22Public Health, Healthcare and Family Services, or Human
23Services.
24(Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
25 Section 550. The Abused and Neglected Child Reporting Act

HB5597- 1188 -LRB098 15874 AMC 50917 b
1is amended by changing Sections 4 and 7.16 as follows:
2 (325 ILCS 5/4)
3 (Text of Section before amendment by P.A. 98-408)
4 Sec. 4. Persons required to report; privileged
5communications; transmitting false report. Any physician,
6resident, intern, hospital, hospital administrator and
7personnel engaged in examination, care and treatment of
8persons, surgeon, dentist, dentist hygienist, osteopath,
9chiropractor, podiatric physician, physician assistant,
10substance abuse treatment personnel, funeral home director or
11employee, coroner, medical examiner, emergency medical
12technician, acupuncturist, crisis line or hotline personnel,
13school personnel (including administrators and both certified
14and non-certified school employees), personnel of institutions
15of higher education, educational advocate assigned to a child
16pursuant to the School Code, member of a school board or the
17Chicago Board of Education or the governing body of a private
18school (but only to the extent required in accordance with
19other provisions of this Section expressly concerning the duty
20of school board members to report suspected child abuse),
21truant officers, social worker, social services administrator,
22domestic violence program personnel, registered nurse,
23licensed practical nurse, genetic counselor, respiratory care
24practitioner, advanced practice nurse, home health aide,
25director or staff assistant of a nursery school or a child day

HB5597- 1189 -LRB098 15874 AMC 50917 b
1care center, recreational or athletic program or facility
2personnel, early intervention provider as defined in the Early
3Intervention Services System Act, law enforcement officer,
4licensed professional counselor, licensed clinical
5professional counselor, registered psychologist and assistants
6working under the direct supervision of a psychologist,
7psychiatrist, or field personnel of the Department of
8Healthcare and Family Services, Juvenile Justice, Public
9Health, Human Services (acting as successor to the Department
10of Mental Health and Developmental Disabilities,
11Rehabilitation Services, or Public Aid), Corrections, Human
12Rights, or Children and Family Services, supervisor and
13administrator of general assistance under the Illinois Public
14Aid Code, probation officer, animal control officer or Illinois
15Department of Agriculture Bureau of Animal Health and Welfare
16field investigator, or any other foster parent, homemaker or
17child care worker having reasonable cause to believe a child
18known to them in their professional or official capacity may be
19an abused child or a neglected child shall immediately report
20or cause a report to be made to the Department.
21 Any member of the clergy having reasonable cause to believe
22that a child known to that member of the clergy in his or her
23professional capacity may be an abused child as defined in item
24(c) of the definition of "abused child" in Section 3 of this
25Act shall immediately report or cause a report to be made to
26the Department.

HB5597- 1190 -LRB098 15874 AMC 50917 b
1 Any physician, physician's assistant, registered nurse,
2licensed practical nurse, medical technician, certified
3nursing assistant, social worker, or licensed professional
4counselor of any office, clinic, or any other physical location
5that provides abortions, abortion referrals, or contraceptives
6having reasonable cause to believe a child known to him or her
7in his or her professional or official capacity may be an
8abused child or a neglected child shall immediately report or
9cause a report to be made to the Department.
10 If an allegation is raised to a school board member during
11the course of an open or closed school board meeting that a
12child who is enrolled in the school district of which he or she
13is a board member is an abused child as defined in Section 3 of
14this Act, the member shall direct or cause the school board to
15direct the superintendent of the school district or other
16equivalent school administrator to comply with the
17requirements of this Act concerning the reporting of child
18abuse. For purposes of this paragraph, a school board member is
19granted the authority in his or her individual capacity to
20direct the superintendent of the school district or other
21equivalent school administrator to comply with the
22requirements of this Act concerning the reporting of child
23abuse.
24 Notwithstanding any other provision of this Act, if an
25employee of a school district has made a report or caused a
26report to be made to the Department under this Act involving

HB5597- 1191 -LRB098 15874 AMC 50917 b
1the conduct of a current or former employee of the school
2district and a request is made by another school district for
3the provision of information concerning the job performance or
4qualifications of the current or former employee because he or
5she is an applicant for employment with the requesting school
6district, the general superintendent of the school district to
7which the request is being made must disclose to the requesting
8school district the fact that an employee of the school
9district has made a report involving the conduct of the
10applicant or caused a report to be made to the Department, as
11required under this Act. Only the fact that an employee of the
12school district has made a report involving the conduct of the
13applicant or caused a report to be made to the Department may
14be disclosed by the general superintendent of the school
15district to which the request for information concerning the
16applicant is made, and this fact may be disclosed only in cases
17where the employee and the general superintendent have not been
18informed by the Department that the allegations were unfounded.
19An employee of a school district who is or has been the subject
20of a report made pursuant to this Act during his or her
21employment with the school district must be informed by that
22school district that if he or she applies for employment with
23another school district, the general superintendent of the
24former school district, upon the request of the school district
25to which the employee applies, shall notify that requesting
26school district that the employee is or was the subject of such

HB5597- 1192 -LRB098 15874 AMC 50917 b
1a report.
2 Whenever such person is required to report under this Act
3in his capacity as a member of the staff of a medical or other
4public or private institution, school, facility or agency, or
5as a member of the clergy, he shall make report immediately to
6the Department in accordance with the provisions of this Act
7and may also notify the person in charge of such institution,
8school, facility or agency, or church, synagogue, temple,
9mosque, or other religious institution, or his designated agent
10that such report has been made. Under no circumstances shall
11any person in charge of such institution, school, facility or
12agency, or church, synagogue, temple, mosque, or other
13religious institution, or his designated agent to whom such
14notification has been made, exercise any control, restraint,
15modification or other change in the report or the forwarding of
16such report to the Department.
17 The privileged quality of communication between any
18professional person required to report and his patient or
19client shall not apply to situations involving abused or
20neglected children and shall not constitute grounds for failure
21to report as required by this Act or constitute grounds for
22failure to share information or documents with the Department
23during the course of a child abuse or neglect investigation. If
24requested by the professional, the Department shall confirm in
25writing that the information or documents disclosed by the
26professional were gathered in the course of a child abuse or

HB5597- 1193 -LRB098 15874 AMC 50917 b
1neglect investigation.
2 The reporting requirements of this Act shall not apply to
3the contents of a privileged communication between an attorney
4and his or her client or to confidential information within the
5meaning of Rule 1.6 of the Illinois Rules of Professional
6Conduct relating to the legal representation of an individual
7client.
8 A member of the clergy may claim the privilege under
9Section 8-803 of the Code of Civil Procedure.
10 Any office, clinic, or any other physical location that
11provides abortions, abortion referrals, or contraceptives
12shall provide to all office personnel copies of written
13information and training materials about abuse and neglect and
14the requirements of this Act that are provided to employees of
15the office, clinic, or physical location who are required to
16make reports to the Department under this Act, and instruct
17such office personnel to bring to the attention of an employee
18of the office, clinic, or physical location who is required to
19make reports to the Department under this Act any reasonable
20suspicion that a child known to him or her in his or her
21professional or official capacity may be an abused child or a
22neglected child. In addition to the above persons required to
23report suspected cases of abused or neglected children, any
24other person may make a report if such person has reasonable
25cause to believe a child may be an abused child or a neglected
26child.

HB5597- 1194 -LRB098 15874 AMC 50917 b
1 Any person who enters into employment on and after July 1,
21986 and is mandated by virtue of that employment to report
3under this Act, shall sign a statement on a form prescribed by
4the Department, to the effect that the employee has knowledge
5and understanding of the reporting requirements of this Act.
6The statement shall be signed prior to commencement of the
7employment. The signed statement shall be retained by the
8employer. The cost of printing, distribution, and filing of the
9statement shall be borne by the employer.
10 The Department shall provide copies of this Act, upon
11request, to all employers employing persons who shall be
12required under the provisions of this Section to report under
13this Act.
14 Any person who knowingly transmits a false report to the
15Department commits the offense of disorderly conduct under
16subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
17A violation of this provision is a Class 4 felony.
18 Any person who knowingly and willfully violates any
19provision of this Section other than a second or subsequent
20violation of transmitting a false report as described in the
21preceding paragraph, is guilty of a Class A misdemeanor for a
22first violation and a Class 4 felony for a second or subsequent
23violation; except that if the person acted as part of a plan or
24scheme having as its object the prevention of discovery of an
25abused or neglected child by lawful authorities for the purpose
26of protecting or insulating any person or entity from arrest or

HB5597- 1195 -LRB098 15874 AMC 50917 b
1prosecution, the person is guilty of a Class 4 felony for a
2first offense and a Class 3 felony for a second or subsequent
3offense (regardless of whether the second or subsequent offense
4involves any of the same facts or persons as the first or other
5prior offense).
6 A child whose parent, guardian or custodian in good faith
7selects and depends upon spiritual means through prayer alone
8for the treatment or cure of disease or remedial care may be
9considered neglected or abused, but not for the sole reason
10that his parent, guardian or custodian accepts and practices
11such beliefs.
12 A child shall not be considered neglected or abused solely
13because the child is not attending school in accordance with
14the requirements of Article 26 of the School Code, as amended.
15 Nothing in this Act prohibits a mandated reporter who
16reasonably believes that an animal is being abused or neglected
17in violation of the Humane Care for Animals Act from reporting
18animal abuse or neglect to the Department of Agriculture's
19Bureau of Animal Health and Welfare.
20 A home rule unit may not regulate the reporting of child
21abuse or neglect in a manner inconsistent with the provisions
22of this Section. This Section is a limitation under subsection
23(i) of Section 6 of Article VII of the Illinois Constitution on
24the concurrent exercise by home rule units of powers and
25functions exercised by the State.
26 For purposes of this Section "child abuse or neglect"

HB5597- 1196 -LRB098 15874 AMC 50917 b
1includes abuse or neglect of an adult resident as defined in
2this Act.
3(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
497-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
57-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
6eff. 8-9-13; revised 9-19-13.)
7 (Text of Section after amendment by P.A. 98-408)
8 Sec. 4. Persons required to report; privileged
9communications; transmitting false report. Any physician,
10resident, intern, hospital, hospital administrator and
11personnel engaged in examination, care and treatment of
12persons, surgeon, dentist, dentist hygienist, osteopath,
13chiropractor, podiatric physician, physician assistant,
14substance abuse treatment personnel, funeral home director or
15employee, coroner, medical examiner, emergency medical
16technician, acupuncturist, crisis line or hotline personnel,
17school personnel (including administrators and both certified
18and non-certified school employees), personnel of institutions
19of higher education, educational advocate assigned to a child
20pursuant to the School Code, member of a school board or the
21Chicago Board of Education or the governing body of a private
22school (but only to the extent required in accordance with
23other provisions of this Section expressly concerning the duty
24of school board members to report suspected child abuse),
25truant officers, social worker, social services administrator,

HB5597- 1197 -LRB098 15874 AMC 50917 b
1domestic violence program personnel, registered nurse,
2licensed practical nurse, genetic counselor, respiratory care
3practitioner, advanced practice nurse, home health aide,
4director or staff assistant of a nursery school or a child day
5care center, recreational or athletic program or facility
6personnel, early intervention provider as defined in the Early
7Intervention Services System Act, law enforcement officer,
8licensed professional counselor, licensed clinical
9professional counselor, registered psychologist and assistants
10working under the direct supervision of a psychologist,
11psychiatrist, or field personnel of the Department of
12Healthcare and Family Services, Juvenile Justice, Public
13Health, Human Services (acting as successor to the Department
14of Mental Health and Developmental Disabilities,
15Rehabilitation Services, or Public Aid), Corrections, Human
16Rights, or Children and Family Services, supervisor and
17administrator of general assistance under the Illinois Public
18Aid Code, probation officer, animal control officer or Illinois
19Department of Agriculture Bureau of Animal Health and Welfare
20field investigator, or any other foster parent, homemaker or
21child care worker having reasonable cause to believe a child
22known to them in their professional or official capacity may be
23an abused child or a neglected child shall immediately report
24or cause a report to be made to the Department.
25 Any member of the clergy having reasonable cause to believe
26that a child known to that member of the clergy in his or her

HB5597- 1198 -LRB098 15874 AMC 50917 b
1professional capacity may be an abused child as defined in item
2(c) of the definition of "abused child" in Section 3 of this
3Act shall immediately report or cause a report to be made to
4the Department.
5 Any physician, physician's assistant, registered nurse,
6licensed practical nurse, medical technician, certified
7nursing assistant, social worker, or licensed professional
8counselor of any office, clinic, or any other physical location
9that provides abortions, abortion referrals, or contraceptives
10having reasonable cause to believe a child known to him or her
11in his or her professional or official capacity may be an
12abused child or a neglected child shall immediately report or
13cause a report to be made to the Department.
14 If an allegation is raised to a school board member during
15the course of an open or closed school board meeting that a
16child who is enrolled in the school district of which he or she
17is a board member is an abused child as defined in Section 3 of
18this Act, the member shall direct or cause the school board to
19direct the superintendent of the school district or other
20equivalent school administrator to comply with the
21requirements of this Act concerning the reporting of child
22abuse. For purposes of this paragraph, a school board member is
23granted the authority in his or her individual capacity to
24direct the superintendent of the school district or other
25equivalent school administrator to comply with the
26requirements of this Act concerning the reporting of child

HB5597- 1199 -LRB098 15874 AMC 50917 b
1abuse.
2 Notwithstanding any other provision of this Act, if an
3employee of a school district has made a report or caused a
4report to be made to the Department under this Act involving
5the conduct of a current or former employee of the school
6district and a request is made by another school district for
7the provision of information concerning the job performance or
8qualifications of the current or former employee because he or
9she is an applicant for employment with the requesting school
10district, the general superintendent of the school district to
11which the request is being made must disclose to the requesting
12school district the fact that an employee of the school
13district has made a report involving the conduct of the
14applicant or caused a report to be made to the Department, as
15required under this Act. Only the fact that an employee of the
16school district has made a report involving the conduct of the
17applicant or caused a report to be made to the Department may
18be disclosed by the general superintendent of the school
19district to which the request for information concerning the
20applicant is made, and this fact may be disclosed only in cases
21where the employee and the general superintendent have not been
22informed by the Department that the allegations were unfounded.
23An employee of a school district who is or has been the subject
24of a report made pursuant to this Act during his or her
25employment with the school district must be informed by that
26school district that if he or she applies for employment with

HB5597- 1200 -LRB098 15874 AMC 50917 b
1another school district, the general superintendent of the
2former school district, upon the request of the school district
3to which the employee applies, shall notify that requesting
4school district that the employee is or was the subject of such
5a report.
6 Whenever such person is required to report under this Act
7in his capacity as a member of the staff of a medical or other
8public or private institution, school, facility or agency, or
9as a member of the clergy, he shall make report immediately to
10the Department in accordance with the provisions of this Act
11and may also notify the person in charge of such institution,
12school, facility or agency, or church, synagogue, temple,
13mosque, or other religious institution, or his designated agent
14that such report has been made. Under no circumstances shall
15any person in charge of such institution, school, facility or
16agency, or church, synagogue, temple, mosque, or other
17religious institution, or his designated agent to whom such
18notification has been made, exercise any control, restraint,
19modification or other change in the report or the forwarding of
20such report to the Department.
21 The privileged quality of communication between any
22professional person required to report and his patient or
23client shall not apply to situations involving abused or
24neglected children and shall not constitute grounds for failure
25to report as required by this Act or constitute grounds for
26failure to share information or documents with the Department

HB5597- 1201 -LRB098 15874 AMC 50917 b
1during the course of a child abuse or neglect investigation. If
2requested by the professional, the Department shall confirm in
3writing that the information or documents disclosed by the
4professional were gathered in the course of a child abuse or
5neglect investigation.
6 The reporting requirements of this Act shall not apply to
7the contents of a privileged communication between an attorney
8and his or her client or to confidential information within the
9meaning of Rule 1.6 of the Illinois Rules of Professional
10Conduct relating to the legal representation of an individual
11client.
12 A member of the clergy may claim the privilege under
13Section 8-803 of the Code of Civil Procedure.
14 Any office, clinic, or any other physical location that
15provides abortions, abortion referrals, or contraceptives
16shall provide to all office personnel copies of written
17information and training materials about abuse and neglect and
18the requirements of this Act that are provided to employees of
19the office, clinic, or physical location who are required to
20make reports to the Department under this Act, and instruct
21such office personnel to bring to the attention of an employee
22of the office, clinic, or physical location who is required to
23make reports to the Department under this Act any reasonable
24suspicion that a child known to him or her in his or her
25professional or official capacity may be an abused child or a
26neglected child. In addition to the above persons required to

HB5597- 1202 -LRB098 15874 AMC 50917 b
1report suspected cases of abused or neglected children, any
2other person may make a report if such person has reasonable
3cause to believe a child may be an abused child or a neglected
4child.
5 Any person who enters into employment on and after July 1,
61986 and is mandated by virtue of that employment to report
7under this Act, shall sign a statement on a form prescribed by
8the Department, to the effect that the employee has knowledge
9and understanding of the reporting requirements of this Act.
10The statement shall be signed prior to commencement of the
11employment. The signed statement shall be retained by the
12employer. The cost of printing, distribution, and filing of the
13statement shall be borne by the employer.
14 Within one year of initial employment and at least every 5
15years thereafter, school personnel required to report child
16abuse as provided under this Section must complete mandated
17reporter training by a provider or agency with expertise in
18recognizing and reporting child abuse.
19 The Department shall provide copies of this Act, upon
20request, to all employers employing persons who shall be
21required under the provisions of this Section to report under
22this Act.
23 Any person who knowingly transmits a false report to the
24Department commits the offense of disorderly conduct under
25subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
26A violation of this provision is a Class 4 felony.

HB5597- 1203 -LRB098 15874 AMC 50917 b
1 Any person who knowingly and willfully violates any
2provision of this Section other than a second or subsequent
3violation of transmitting a false report as described in the
4preceding paragraph, is guilty of a Class A misdemeanor for a
5first violation and a Class 4 felony for a second or subsequent
6violation; except that if the person acted as part of a plan or
7scheme having as its object the prevention of discovery of an
8abused or neglected child by lawful authorities for the purpose
9of protecting or insulating any person or entity from arrest or
10prosecution, the person is guilty of a Class 4 felony for a
11first offense and a Class 3 felony for a second or subsequent
12offense (regardless of whether the second or subsequent offense
13involves any of the same facts or persons as the first or other
14prior offense).
15 A child whose parent, guardian or custodian in good faith
16selects and depends upon spiritual means through prayer alone
17for the treatment or cure of disease or remedial care may be
18considered neglected or abused, but not for the sole reason
19that his parent, guardian or custodian accepts and practices
20such beliefs.
21 A child shall not be considered neglected or abused solely
22because the child is not attending school in accordance with
23the requirements of Article 26 of the School Code, as amended.
24 Nothing in this Act prohibits a mandated reporter who
25reasonably believes that an animal is being abused or neglected
26in violation of the Humane Care for Animals Act from reporting

HB5597- 1204 -LRB098 15874 AMC 50917 b
1animal abuse or neglect to the Department of Agriculture's
2Bureau of Animal Health and Welfare.
3 A home rule unit may not regulate the reporting of child
4abuse or neglect in a manner inconsistent with the provisions
5of this Section. This Section is a limitation under subsection
6(i) of Section 6 of Article VII of the Illinois Constitution on
7the concurrent exercise by home rule units of powers and
8functions exercised by the State.
9 For purposes of this Section "child abuse or neglect"
10includes abuse or neglect of an adult resident as defined in
11this Act.
12(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
1397-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
147-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
15eff. 8-9-13; 98-408, eff. 7-1-14; revised 9-19-13.)
16 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
17 Sec. 7.16. For any investigation or appeal initiated on or
18after, or pending on July 1, 1998, the following time frames
19shall apply. Within 60 days after the notification of the
20completion of the Child Protective Service Unit investigation,
21determined by the date of the notification sent by the
22Department, the perpetrator named in the notification may
23request the Department to amend the record or remove the record
24of the report from the register, except that the 60-day
25deadline for filing a request to amend the record or remove the

HB5597- 1205 -LRB098 15874 AMC 50917 b
1record of the report from the State Central Register shall be
2tolled until after the conclusion of any criminal court action
3in the circuit court or after adjudication in any juvenile
4court action concerning the circumstances that give rise to an
5indicated report. Such request shall be in writing and directed
6to such person as the Department designates in the notification
7letter notifying the perpetrator of the indicated finding. The
8perpetrator shall have the right to a timely hearing within the
9Department to determine whether the record of the report should
10be amended or removed on the grounds that it is inaccurate or
11it is being maintained in a manner inconsistent with this Act,
12except that there shall be no such right to a hearing on the
13ground of the report's inaccuracy if there has been a court
14finding of child abuse or neglect or a criminal finding of
15guilt as to the perpetrator. Such hearing shall be held within
16a reasonable time after the perpetrator's request and at a
17reasonable place and hour. The appropriate Child Protective
18Service Unit shall be given notice of the hearing. If the
19minor, who is the victim named in the report sought to be
20amended or removed from the State Central Register, is the
21subject of a pending action under Article II of the Juvenile
22Court Act of 1987, and the report was made while a guardian ad
23litem was appointed for the minor under Section 2-17 of the
24Juvenile Court Act of 1987, then the minor shall, through the
25minor's attorney or guardian ad litem appointed under Section
262-17 of the Juvenile Court Act of 1987, have the right to

HB5597- 1206 -LRB098 15874 AMC 50917 b
1participate and be heard in such hearing as defined under the
2Department's rules. In such hearings, the burden of proving the
3accuracy and consistency of the record shall be on the
4Department and the appropriate Child Protective Service Unit.
5The hearing shall be conducted by the Director or his designee,
6who is hereby authorized and empowered to order the amendment
7or removal of the record to make it accurate and consistent
8with this Act. The decision shall be made, in writing, at the
9close of the hearing, or within 60 days thereof, and shall
10state the reasons upon which it is based. Decisions of the
11Department under this Section are administrative decisions
12subject to judicial review under the Administrative Review Law.
13 Should the Department grant the request of the perpetrator
14pursuant to this Section either on administrative review or
15after an administrative hearing to amend an indicated report to
16an unfounded report, the report shall be released and expunged
17in accordance with the standards set forth in Section 7.14 of
18this Act.
19(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14;
20revised 10-1-13.)
21 Section 555. The Early Intervention Services System Act is
22amended by changing Section 5 as follows:
23 (325 ILCS 20/5) (from Ch. 23, par. 4155)
24 Sec. 5. Lead Agency. The Department of Human Services is

HB5597- 1207 -LRB098 15874 AMC 50917 b
1designated the lead agency and shall provide leadership in
2establishing and implementing the coordinated, comprehensive,
3interagency and interdisciplinary system of early intervention
4services. The lead agency shall not have the sole
5responsibility for providing these services. Each
6participating State agency shall continue to coordinate those
7early intervention services relating to health, social service
8and education provided under this authority.
9 The lead agency is responsible for carrying out the
10following:
11 (a) The general administration, supervision, and
12 monitoring of programs and activities receiving assistance
13 under Section 673 of the Individuals with Disabilities
14 Education Act (20 United States Code 1473).
15 (b) The identification and coordination of all
16 available resources within the State from federal, State,
17 local and private sources.
18 (c) The development of procedures to ensure that
19 services are provided to eligible infants and toddlers and
20 their families in a timely manner pending the resolution of
21 any disputes among public agencies or service providers.
22 (d) The resolution of intra-agency and interagency
23 regulatory and procedural disputes.
24 (e) The development and implementation of formal
25 interagency agreements, and the entry into such
26 agreements, between the lead agency and (i) the Department

HB5597- 1208 -LRB098 15874 AMC 50917 b
1 of Healthcare and Family Services, (ii) the University of
2 Illinois Division of Specialized Care for Children, and
3 (iii) other relevant State agencies that:
4 (1) define the financial responsibility of each
5 agency for paying for early intervention services
6 (consistent with existing State and federal law and
7 rules, including the requirement that early
8 intervention funds be used as the payor of last
9 resort), a hierarchical order of payment as among the
10 agencies for early intervention services that are
11 covered under or may be paid by programs in other
12 agencies, and procedures for direct billing,
13 collecting reimbursements for payments made, and
14 resolving service and payment disputes; and
15 (2) include all additional components necessary to
16 ensure meaningful cooperation and coordination.
17 Interagency agreements under this paragraph (e) must
18 be reviewed and revised to implement the purposes of this
19 amendatory Act of the 92nd General Assembly no later than
20 60 days after the effective date of this amendatory Act of
21 the 92nd General Assembly.
22 (f) The maintenance of an early intervention website.
23 Within 30 days after the effective date of this amendatory
24 Act of the 92nd General Assembly, the lead agency shall
25 post and keep posted on this website the following: (i) the
26 current annual report required under subdivision (b)(5) of

HB5597- 1209 -LRB098 15874 AMC 50917 b
1 Section 4 of this Act, and the annual reports of the prior
2 3 years, (ii) the most recent Illinois application for
3 funds prepared under Section 637 of the Individuals with
4 Disabilities Education Act filed with the United States
5 Department of Education, (iii) proposed modifications of
6 the application prepared for public comment, (iv) notice of
7 Council meetings, Council agendas, and minutes of its
8 proceedings for at least the previous year, (v) proposed
9 and final early intervention rules, (vi) requests for
10 proposals, and (vii) all reports created for dissemination
11 to the public that are related to the early intervention
12 program, including reports prepared at the request of the
13 Council, and the General Assembly. Each such document shall
14 be posted on the website within 3 working days after the
15 document's completion.
16 (g) Before adopting any new policy or procedure
17 (including any revisions to an existing policy or
18 procedure) needed to comply with Part C of the Individuals
19 with Disabilities Education Act, the lead agency must hold
20 public hearings on the new policy or procedure, provide
21 notice of the hearings at least 30 days before the hearings
22 are conducted to enable public participation, and provide
23 an opportunity for the general public, including
24 individuals with disabilities and parents of infants and
25 toddlers with disabilities, early intervention providers,
26 and members of the Council to comment for at least 30 days

HB5597- 1210 -LRB098 15874 AMC 50917 b
1 on the new policy or procedure needed to comply with Part C
2 of the Individuals with Disabilities Education Act and with
3 34 CFR Part 300 and Part 303.
4(Source: P.A. 98-41, eff. 6-28-13; revised 11-12-13.)
5 Section 560. The Mental Health and Developmental
6Disabilities Code is amended by changing Section 2-107.1 as
7follows:
8 (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
9 Sec. 2-107.1. Administration of psychotropic medication
10and electroconvulsive therapy upon application to a court.
11 (a) (Blank).
12 (a-5) Notwithstanding the provisions of Section 2-107 of
13this Code, psychotropic medication and electroconvulsive
14therapy may be administered to an adult recipient of services
15on an inpatient or outpatient basis without the informed
16consent of the recipient under the following standards:
17 (1) Any person 18 years of age or older, including any
18 guardian, may petition the circuit court for an order
19 authorizing the administration of psychotropic medication
20 and electroconvulsive therapy to a recipient of services.
21 The petition shall state that the petitioner has made a
22 good faith attempt to determine whether the recipient has
23 executed a power of attorney for health care under the
24 Powers of Attorney for Health Care Law or a declaration for

HB5597- 1211 -LRB098 15874 AMC 50917 b
1 mental health treatment under the Mental Health Treatment
2 Preference Declaration Act and to obtain copies of these
3 instruments if they exist. If either of the above-named
4 instruments is available to the petitioner, the instrument
5 or a copy of the instrument shall be attached to the
6 petition as an exhibit. The petitioner shall deliver a copy
7 of the petition, and notice of the time and place of the
8 hearing, to the respondent, his or her attorney, any known
9 agent or attorney-in-fact, if any, and the guardian, if
10 any, no later than 3 days prior to the date of the hearing.
11 Service of the petition and notice of the time and place of
12 the hearing may be made by transmitting them via facsimile
13 machine to the respondent or other party. Upon receipt of
14 the petition and notice, the party served, or the person
15 delivering the petition and notice to the party served,
16 shall acknowledge service. If the party sending the
17 petition and notice does not receive acknowledgement of
18 service within 24 hours, service must be made by personal
19 service.
20 The petition may include a request that the court
21 authorize such testing and procedures as may be essential
22 for the safe and effective administration of the
23 psychotropic medication or electroconvulsive therapy
24 sought to be administered, but only where the petition sets
25 forth the specific testing and procedures sought to be
26 administered.

HB5597- 1212 -LRB098 15874 AMC 50917 b
1 If a hearing is requested to be held immediately
2 following the hearing on a petition for involuntary
3 admission, then the notice requirement shall be the same as
4 that for the hearing on the petition for involuntary
5 admission, and the petition filed pursuant to this Section
6 shall be filed with the petition for involuntary admission.
7 (2) The court shall hold a hearing within 7 days of the
8 filing of the petition. The People, the petitioner, or the
9 respondent shall be entitled to a continuance of up to 7
10 days as of right. An additional continuance of not more
11 than 7 days may be granted to any party (i) upon a showing
12 that the continuance is needed in order to adequately
13 prepare for or present evidence in a hearing under this
14 Section or (ii) under exceptional circumstances. The court
15 may grant an additional continuance not to exceed 21 days
16 when, in its discretion, the court determines that such a
17 continuance is necessary in order to provide the recipient
18 with an examination pursuant to Section 3-803 or 3-804 of
19 this Act, to provide the recipient with a trial by jury as
20 provided in Section 3-802 of this Act, or to arrange for
21 the substitution of counsel as provided for by the Illinois
22 Supreme Court Rules. The hearing shall be separate from a
23 judicial proceeding held to determine whether a person is
24 subject to involuntary admission but may be heard
25 immediately preceding or following such a judicial
26 proceeding and may be heard by the same trier of fact or

HB5597- 1213 -LRB098 15874 AMC 50917 b
1 law as in that judicial proceeding.
2 (3) Unless otherwise provided herein, the procedures
3 set forth in Article VIII of Chapter III 3 of this Act,
4 including the provisions regarding appointment of counsel,
5 shall govern hearings held under this subsection (a-5).
6 (4) Psychotropic medication and electroconvulsive
7 therapy may be administered to the recipient if and only if
8 it has been determined by clear and convincing evidence
9 that all of the following factors are present. In
10 determining whether a person meets the criteria specified
11 in the following paragraphs (A) through (G), the court may
12 consider evidence of the person's history of serious
13 violence, repeated past pattern of specific behavior,
14 actions related to the person's illness, or past outcomes
15 of various treatment options.
16 (A) That the recipient has a serious mental illness
17 or developmental disability.
18 (B) That because of said mental illness or
19 developmental disability, the recipient currently
20 exhibits any one of the following: (i) deterioration of
21 his or her ability to function, as compared to the
22 recipient's ability to function prior to the current
23 onset of symptoms of the mental illness or disability
24 for which treatment is presently sought, (ii)
25 suffering, or (iii) threatening behavior.
26 (C) That the illness or disability has existed for

HB5597- 1214 -LRB098 15874 AMC 50917 b
1 a period marked by the continuing presence of the
2 symptoms set forth in item (B) of this subdivision (4)
3 or the repeated episodic occurrence of these symptoms.
4 (D) That the benefits of the treatment outweigh the
5 harm.
6 (E) That the recipient lacks the capacity to make a
7 reasoned decision about the treatment.
8 (F) That other less restrictive services have been
9 explored and found inappropriate.
10 (G) If the petition seeks authorization for
11 testing and other procedures, that such testing and
12 procedures are essential for the safe and effective
13 administration of the treatment.
14 (5) In no event shall an order issued under this
15 Section be effective for more than 90 days. A second 90-day
16 period of involuntary treatment may be authorized pursuant
17 to a hearing that complies with the standards and
18 procedures of this subsection (a-5). Thereafter,
19 additional 180-day periods of involuntary treatment may be
20 authorized pursuant to the standards and procedures of this
21 Section without limit. If a new petition to authorize the
22 administration of psychotropic medication or
23 electroconvulsive therapy is filed at least 15 days prior
24 to the expiration of the prior order, and if any
25 continuance of the hearing is agreed to by the recipient,
26 the administration of the treatment may continue in

HB5597- 1215 -LRB098 15874 AMC 50917 b
1 accordance with the prior order pending the completion of a
2 hearing under this Section.
3 (6) An order issued under this subsection (a-5) shall
4 designate the persons authorized to administer the
5 treatment under the standards and procedures of this
6 subsection (a-5). Those persons shall have complete
7 discretion not to administer any treatment authorized
8 under this Section. The order shall also specify the
9 medications and the anticipated range of dosages that have
10 been authorized and may include a list of any alternative
11 medications and range of dosages deemed necessary.
12 (a-10) The court may, in its discretion, appoint a guardian
13ad litem for a recipient before the court or authorize an
14existing guardian of the person to monitor treatment and
15compliance with court orders under this Section.
16 (b) A guardian may be authorized to consent to the
17administration of psychotropic medication or electroconvulsive
18therapy to an objecting recipient only under the standards and
19procedures of subsection (a-5).
20 (c) Notwithstanding any other provision of this Section, a
21guardian may consent to the administration of psychotropic
22medication or electroconvulsive therapy to a non-objecting
23recipient under Article XIa of the Probate Act of 1975.
24 (d) Nothing in this Section shall prevent the
25administration of psychotropic medication or electroconvulsive
26therapy to recipients in an emergency under Section 2-107 of

HB5597- 1216 -LRB098 15874 AMC 50917 b
1this Act.
2 (e) Notwithstanding any of the provisions of this Section,
3psychotropic medication or electroconvulsive therapy may be
4administered pursuant to a power of attorney for health care
5under the Powers of Attorney for Health Care Law or a
6declaration for mental health treatment under the Mental Health
7Treatment Preference Declaration Act.
8 (f) The Department shall conduct annual trainings for
9physicians and registered nurses working in State-operated
10mental health facilities on the appropriate use of psychotropic
11medication and electroconvulsive therapy, standards for their
12use, and the preparation of court petitions under this Section.
13(Source: P.A. 97-375, eff. 8-15-11; revised 9-11-13.)
14 Section 565. The Developmental Disability and Mental
15Disability Services Act is amended by changing Section 2-5 as
16follows:
17 (405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)
18 Sec. 2-5. The Department shall establish eligibility
19standards for the Program, taking into consideration the
20disability levels and service needs of the target population.
21The Department shall create application forms which shall be
22used to determine the eligibility of mentally disabled adults
23to participate in the Program. The forms shall be made
24available by the Department and shall require at least the

HB5597- 1217 -LRB098 15874 AMC 50917 b
1following items of information which constitute eligibility
2criteria for participation in the Program:
3 (a) A statement that the mentally disabled adult
4 resides in the State of Illinois and is over the age of 18
5 years.
6 (b) Verification that the mentally disabled adult has
7 one of the following conditions: severe autism, severe
8 mental illness, a severe or profound intellectual
9 disability, or severe and multiple impairments.
10 (c) Verification that the mentally disabled adult has
11 applied and is eligible for federal Supplemental Security
12 Income or federal Social Security Disability Income
13 benefits.
14 (d) Verification that the mentally disabled adult
15 resides full-time in his or her own home or that, within 2
16 months of receipt of services under this Article, he or she
17 will reside full-time in his or her own home.
18 The Department may by rule adopt provisions establishing
19liability of responsible relatives of a recipient of services
20under this Article for the payment of sums representing charges
21for services to such recipient. Such rules shall be
22substantially similar to the provisions for such liability
23contained in Chapter V 5 of the Mental Health and Developmental
24Disabilities Code, as now or hereafter amended, and rules
25adopted pursuant thereto.
26(Source: P.A. 97-227, eff. 1-1-12; revised 9-11-13.)

HB5597- 1218 -LRB098 15874 AMC 50917 b
1 Section 570. The Illinois Mental Health First Aid Training
2Act is amended by changing Section 30 as follows:
3 (405 ILCS 105/30)
4 Sec. 30. Distribution of training grants. When awarding
5training grants under this Act, the Department or other
6appropriate State agency shall distribute training grants
7equitably among the geographical regions of the State, paying
8particular attention to the training needs of rural areas and
9areas with underserved populations or professional shortages.
10(Source: P.A. 98-195, eff. 8-7-13; revised 11-12-13.)
11 Section 575. The Mercury-added Product Prohibition Act is
12amended by changing Section 25 as follows:
13 (410 ILCS 46/25)
14 Sec. 25. Sale, distribution, or promotional gifts of
15mercury-added novelty products prohibited. On and after July
161, 2004, no mercury-added novelty products may be offered for
17sale or distributed for promotional purposes in Illinois if the
18offeror offerer or distributor knows or has reason to know that
19the product contains mercury, unless the mercury is solely
20within a button-cell battery or a fluorescent light bulb.
21(Source: P.A. 93-165, eff. 1-1-04; revised 9-11-13.)

HB5597- 1219 -LRB098 15874 AMC 50917 b
1 Section 580. The Newborn Metabolic Screening Act is amended
2by changing Section 2 as follows:
3 (410 ILCS 240/2) (from Ch. 111 1/2, par. 4904)
4 Sec. 2. General provisions. The Department of Public Health
5shall administer the provisions of this Act and shall:
6 (a) Institute and carry on an intensive educational program
7among physicians, hospitals, public health nurses and the
8public concerning disorders included in newborn screening.
9This educational program shall include information about the
10nature of the diseases and examinations for the detection of
11the diseases in early infancy in order that measures may be
12taken to prevent the disabilities resulting from the diseases.
13 (a-5) Require that all newborns be screened for the
14presence of certain genetic, metabolic, and congenital
15anomalies as determined by the Department, by rule.
16 (a-5.1) Require that all blood and biological specimens
17collected pursuant to this Act or the rules adopted under this
18Act be submitted for testing to the nearest Department
19laboratory designated to perform such tests. The following
20provisions shall apply concerning testing:
21 (1) The Department may develop a reasonable fee
22 structure and may levy fees according to such structure to
23 cover the cost of providing this testing service and for
24 the follow-up of infants with an abnormal screening test.
25 Fees collected from the provision of this testing service

HB5597- 1220 -LRB098 15874 AMC 50917 b
1 shall be placed in the Metabolic Screening and Treatment
2 Fund. Other State and federal funds for expenses related to
3 metabolic screening, follow-up, and treatment programs may
4 also be placed in the Fund.
5 (2) Moneys shall be appropriated from the Fund to the
6 Department solely for the purposes of providing newborn
7 screening, follow-up, and treatment programs. Nothing in
8 this Act shall be construed to prohibit any licensed
9 medical facility from collecting additional specimens for
10 testing for metabolic or neonatal diseases or any other
11 diseases or conditions, as it deems fit. Any person
12 violating the provisions of this subsection (a-5.1) is
13 guilty of a petty offense.
14 (3) If the Department is unable to provide the
15 screening using the State Laboratory, it shall temporarily
16 provide such screening through an accredited laboratory
17 selected by the Department until the Department has the
18 capacity to provide screening through the State
19 Laboratory. If screening is provided on a temporary basis
20 through an accredited laboratory, the Department shall
21 substitute the fee charged by the accredited laboratory,
22 plus a 5% surcharge for documentation and handling, for the
23 fee authorized in this subsection (a-5.1).
24 (a-5.2) Maintain a registry of cases, including
25information of importance for the purpose of follow-up services
26to assess long-term outcomes.

HB5597- 1221 -LRB098 15874 AMC 50917 b
1 (a-5.3) Supply the necessary metabolic treatment formulas
2where practicable for diagnosed cases of amino acid metabolism
3disorders, including phenylketonuria, organic acid disorders,
4and fatty acid oxidation disorders for as long as medically
5indicated, when the product is not available through other
6State agencies.
7 (a-5.4) Arrange for or provide public health nursing,
8nutrition, and social services and clinical consultation as
9indicated.
10 (a-5.5) Utilize The Department shall utilize the Genetic
11and Metabolic Diseases Advisory Committee established under
12the Genetic and Metabolic Diseases Advisory Committee Act to
13provide guidance and recommendations to the Department's
14newborn screening program. The Genetic and Metabolic Diseases
15Advisory Committee shall review the feasibility and
16advisability of including additional metabolic, genetic, and
17congenital disorders in the newborn screening panel, according
18to a review protocol applied to each suggested addition to the
19screening panel. The Department shall consider the
20recommendations of the Genetic and Metabolic Diseases Advisory
21Committee in determining whether to include an additional
22disorder in the screening panel prior to proposing an
23administrative rule concerning inclusion of an additional
24disorder in the newborn screening panel. Notwithstanding any
25other provision of law, no new screening may begin prior to the
26occurrence of all the following:

HB5597- 1222 -LRB098 15874 AMC 50917 b
1 (1) the establishment and verification of relevant and
2 appropriate performance specifications as defined under
3 the federal Clinical Laboratory Improvement Amendments and
4 regulations thereunder for U.S. Food and Drug
5 Administration-cleared or in-house developed methods,
6 performed under an institutional review board-approved
7 protocol, if required;
8 (2) the availability of quality assurance testing
9 methodology for the processes set forth in item (1) of this
10 subsection (a-5.5);
11 (3) the acquisition and installment by the Department
12 of the equipment necessary to implement the screening
13 tests;
14 (4) the establishment of precise threshold values
15 ensuring defined disorder identification for each
16 screening test;
17 (5) the authentication of pilot testing achieving each
18 milestone described in items (1) through (4) of this
19 subsection (a-5.5) for each disorder screening test; and
20 (6) the authentication of achieving the potential of
21 high throughput standards for statewide volume of each
22 disorder screening test concomitant with each milestone
23 described in items (1) through (4) of this subsection
24 (a-5.5).
25 (a-6) (Blank).
26 (a-7) (Blank).

HB5597- 1223 -LRB098 15874 AMC 50917 b
1 (a-8) (Blank).
2 (b) (Blank).
3 (c) (Blank).
4 (d) (Blank).
5 (e) (Blank).
6(Source: P.A. 97-227, eff. 1-1-12; 97-532, eff. 8-23-11;
797-813, eff. 7-13-12; 98-440, eff. 8-16-13; revised 11-15-13.)
8 Section 585. The Illinois Sexually Transmissible Disease
9Control Act is amended by changing Section 5.5 as follows:
10 (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
11 Sec. 5.5. Risk assessment.
12 (a) Whenever the Department receives a report of HIV
13infection or AIDS pursuant to this Act and the Department
14determines that the subject of the report may present or may
15have presented a possible risk of HIV transmission, the
16Department shall, when medically appropriate, investigate the
17subject of the report and that person's contacts as defined in
18subsection (c), to assess the potential risks of transmission.
19Any investigation and action shall be conducted in a timely
20fashion. All contacts other than those defined in subsection
21(c) shall be investigated in accordance with Section 5 of this
22Act.
23 (b) If the Department determines that there is or may have
24been potential risks of HIV transmission from the subject of

HB5597- 1224 -LRB098 15874 AMC 50917 b
1the report to other persons, the Department shall afford the
2subject the opportunity to submit any information and comment
3on proposed actions the Department intends to take with respect
4to the subject's contacts who are at potential risk of
5transmission of HIV prior to notification of the subject's
6contacts. The Department shall also afford the subject of the
7report the opportunity to notify the subject's contacts in a
8timely fashion who are at potential risk of transmission of HIV
9prior to the Department taking any steps to notify such
10contacts. If the subject declines to notify such contacts or if
11the Department determines the notices to be inadequate or
12incomplete, the Department shall endeavor to notify such other
13persons of the potential risk, and offer testing and counseling
14services to these individuals. When the contacts are notified,
15they shall be informed of the disclosure provisions of the AIDS
16Confidentiality Act and the penalties therein and this Section.
17 (c) Contacts investigated under this Section shall in the
18case of HIV infection include (i) individuals who have
19undergone invasive procedures performed by an HIV infected
20health care provider and (ii) health care providers who have
21performed invasive procedures for persons infected with HIV,
22provided the Department has determined that there is or may
23have been potential risk of HIV transmission from the health
24care provider to those individuals or from infected persons to
25health care providers. The Department shall have access to the
26subject's records to review for the identity of contacts. The

HB5597- 1225 -LRB098 15874 AMC 50917 b
1subject's records shall not be copied or seized by the
2Department.
3 For purposes of this subsection, the term "invasive
4procedures" means those procedures termed invasive by the
5Centers for Disease Control in current guidelines or
6recommendations for the prevention of HIV transmission in
7health care settings, and the term "health care provider" means
8any physician, dentist, podiatric physician, advanced practice
9nurse, physician assistant, nurse, or other person providing
10health care services of any kind.
11 (d) All information and records held by the Department and
12local health authorities pertaining to activities conducted
13pursuant to this Section shall be strictly confidential and
14exempt from copying and inspection under the Freedom of
15Information Act. Such information and records shall not be
16released or made public by the Department or local health
17authorities, and shall not be admissible as evidence, nor
18discoverable in any action of any kind in any court or before
19any tribunal, board, agency or person and shall be treated in
20the same manner as the information and those records subject to
21the provisions of Part 21 of the Code of Civil Procedure except
22under the following circumstances:
23 (1) When made with the written consent of all persons
24 to whom this information pertains;
25 (2) When authorized under Section 8 to be released
26 under court order or subpoena pursuant to Section 12-5.01

HB5597- 1226 -LRB098 15874 AMC 50917 b
1 or 12-16.2 of the Criminal Code of 1961 or the Criminal
2 Code of 2012; or
3 (3) When made by the Department for the purpose of
4 seeking a warrant authorized by Sections 6 and 7 of this
5 Act. Such disclosure shall conform to the requirements of
6 subsection (a) of Section 8 of this Act.
7 (e) Any person who knowingly or maliciously disseminates
8any information or report concerning the existence of any
9disease under this Section is guilty of a Class A misdemeanor.
10(Source: P.A. 97-1150, eff. 1-25-13; 98-214, eff. 8-9-13;
11revised 9-19-13.)
12 Section 590. The Environmental Protection Act is amended by
13changing Sections 3.330, 21, 22.2, and 58.16 as follows:
14 (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
15 Sec. 3.330. Pollution control facility.
16 (a) "Pollution control facility" is any waste storage site,
17sanitary landfill, waste disposal site, waste transfer
18station, waste treatment facility, or waste incinerator. This
19includes sewers, sewage treatment plants, and any other
20facilities owned or operated by sanitary districts organized
21under the Metropolitan Water Reclamation District Act.
22 The following are not pollution control facilities:
23 (1) (blank);
24 (2) waste storage sites regulated under 40 CFR, Part

HB5597- 1227 -LRB098 15874 AMC 50917 b
1 761.42;
2 (3) sites or facilities used by any person conducting a
3 waste storage, waste treatment, waste disposal, waste
4 transfer or waste incineration operation, or a combination
5 thereof, for wastes generated by such person's own
6 activities, when such wastes are stored, treated, disposed
7 of, transferred or incinerated within the site or facility
8 owned, controlled or operated by such person, or when such
9 wastes are transported within or between sites or
10 facilities owned, controlled or operated by such person;
11 (4) sites or facilities at which the State is
12 performing removal or remedial action pursuant to Section
13 22.2 or 55.3;
14 (5) abandoned quarries used solely for the disposal of
15 concrete, earth materials, gravel, or aggregate debris
16 resulting from road construction activities conducted by a
17 unit of government or construction activities due to the
18 construction and installation of underground pipes, lines,
19 conduit or wires off of the premises of a public utility
20 company which are conducted by a public utility;
21 (6) sites or facilities used by any person to
22 specifically conduct a landscape composting operation;
23 (7) regional facilities as defined in the Central
24 Midwest Interstate Low-Level Radioactive Waste Compact;
25 (8) the portion of a site or facility where coal
26 combustion wastes are stored or disposed of in accordance

HB5597- 1228 -LRB098 15874 AMC 50917 b
1 with subdivision (r)(2) or (r)(3) of Section 21;
2 (9) the portion of a site or facility used for the
3 collection, storage or processing of waste tires as defined
4 in Title XIV;
5 (10) the portion of a site or facility used for
6 treatment of petroleum contaminated materials by
7 application onto or incorporation into the soil surface and
8 any portion of that site or facility used for storage of
9 petroleum contaminated materials before treatment. Only
10 those categories of petroleum listed in Section 57.9(a)(3)
11 are exempt under this subdivision (10);
12 (11) the portion of a site or facility where used oil
13 is collected or stored prior to shipment to a recycling or
14 energy recovery facility, provided that the used oil is
15 generated by households or commercial establishments, and
16 the site or facility is a recycling center or a business
17 where oil or gasoline is sold at retail;
18 (11.5) processing sites or facilities that receive
19 only on-specification used oil, as defined in 35 Ill.
20 Admin. Code 739, originating from used oil collectors for
21 processing that is managed under 35 Ill. Admin. Code 739 to
22 produce products for sale to off-site petroleum
23 facilities, if these processing sites or facilities are:
24 (i) located within a home rule unit of local government
25 with a population of at least 30,000 according to the 2000
26 federal census, that home rule unit of local government has

HB5597- 1229 -LRB098 15874 AMC 50917 b
1 been designated as an Urban Round II Empowerment Zone by
2 the United States Department of Housing and Urban
3 Development, and that home rule unit of local government
4 has enacted an ordinance approving the location of the site
5 or facility and provided funding for the site or facility;
6 and (ii) in compliance with all applicable zoning
7 requirements;
8 (12) the portion of a site or facility utilizing coal
9 combustion waste for stabilization and treatment of only
10 waste generated on that site or facility when used in
11 connection with response actions pursuant to the federal
12 Comprehensive Environmental Response, Compensation, and
13 Liability Act of 1980, the federal Resource Conservation
14 and Recovery Act of 1976, or the Illinois Environmental
15 Protection Act or as authorized by the Agency;
16 (13) the portion of a site or facility that (i) accepts
17 exclusively general construction or demolition debris,
18 (ii) is located in a county with a population over
19 3,000,000 as of January 1, 2000 or in a county that is
20 contiguous to such a county, and (iii) is operated and
21 located in accordance with Section 22.38 of this Act;
22 (14) the portion of a site or facility, located within
23 a unit of local government that has enacted local zoning
24 requirements, used to accept, separate, and process
25 uncontaminated broken concrete, with or without protruding
26 metal bars, provided that the uncontaminated broken

HB5597- 1230 -LRB098 15874 AMC 50917 b
1 concrete and metal bars are not speculatively accumulated,
2 are at the site or facility no longer than one year after
3 their acceptance, and are returned to the economic
4 mainstream in the form of raw materials or products;
5 (15) the portion of a site or facility located in a
6 county with a population over 3,000,000 that has obtained
7 local siting approval under Section 39.2 of this Act for a
8 municipal waste incinerator on or before July 1, 2005 and
9 that is used for a non-hazardous waste transfer station;
10 (16) a site or facility that temporarily holds in
11 transit for 10 days or less, non-putrescible solid waste in
12 original containers, no larger in capacity than 500
13 gallons, provided that such waste is further transferred to
14 a recycling, disposal, treatment, or storage facility on a
15 non-contiguous site and provided such site or facility
16 complies with the applicable 10-day transfer requirements
17 of the federal Resource Conservation and Recovery Act of
18 1976 and United States Department of Transportation
19 hazardous material requirements. For purposes of this
20 Section only, "non-putrescible solid waste" means waste
21 other than municipal garbage that does not rot or become
22 putrid, including, but not limited to, paints, solvent,
23 filters, and absorbents;
24 (17) the portion of a site or facility located in a
25 county with a population greater than 3,000,000 that has
26 obtained local siting approval, under Section 39.2 of this

HB5597- 1231 -LRB098 15874 AMC 50917 b
1 Act, for a municipal waste incinerator on or before July 1,
2 2005 and that is used for wood combustion facilities for
3 energy recovery that accept and burn only wood material, as
4 included in a fuel specification approved by the Agency;
5 (18) a transfer station used exclusively for landscape
6 waste, including a transfer station where landscape waste
7 is ground to reduce its volume, where the landscape waste
8 is held no longer than 24 hours from the time it was
9 received;
10 (19) the portion of a site or facility that (i) is used
11 for the composting of food scrap, livestock waste, crop
12 residue, uncontaminated wood waste, or paper waste,
13 including, but not limited to, corrugated paper or
14 cardboard, and (ii) meets all of the following
15 requirements:
16 (A) There must not be more than a total of 30,000
17 cubic yards of livestock waste in raw form or in the
18 process of being composted at the site or facility at
19 any one time.
20 (B) All food scrap, livestock waste, crop residue,
21 uncontaminated wood waste, and paper waste must, by the
22 end of each operating day, be processed and placed into
23 an enclosed vessel in which air flow and temperature
24 are controlled, or all of the following additional
25 requirements must be met:
26 (i) The portion of the site or facility used

HB5597- 1232 -LRB098 15874 AMC 50917 b
1 for the composting operation must include a
2 setback of at least 200 feet from the nearest
3 potable water supply well.
4 (ii) The portion of the site or facility used
5 for the composting operation must be located
6 outside the boundary of the 10-year floodplain or
7 floodproofed.
8 (iii) Except in municipalities with more than
9 1,000,000 inhabitants, the portion of the site or
10 facility used for the composting operation must be
11 located at least one-eighth of a mile from the
12 nearest residence, other than a residence located
13 on the same property as the site or facility.
14 (iv) The portion of the site or facility used
15 for the composting operation must be located at
16 least one-eighth of a mile from the property line
17 of all of the following areas:
18 (I) Facilities that primarily serve to
19 house or treat people that are
20 immunocompromised or immunosuppressed, such as
21 cancer or AIDS patients; people with asthma,
22 cystic fibrosis, or bioaerosol allergies; or
23 children under the age of one year.
24 (II) Primary and secondary schools and
25 adjacent areas that the schools use for
26 recreation.

HB5597- 1233 -LRB098 15874 AMC 50917 b
1 (III) Any facility for child care licensed
2 under Section 3 of the Child Care Act of 1969;
3 preschools; and adjacent areas that the
4 facilities or preschools use for recreation.
5 (v) By the end of each operating day, all food
6 scrap, livestock waste, crop residue,
7 uncontaminated wood waste, and paper waste must be
8 (i) processed into windrows or other piles and (ii)
9 covered in a manner that prevents scavenging by
10 birds and animals and that prevents other
11 nuisances.
12 (C) Food scrap, livestock waste, crop residue,
13 uncontaminated wood waste, paper waste, and compost
14 must not be placed within 5 feet of the water table.
15 (D) The site or facility must meet all of the
16 requirements of the Wild and Scenic Rivers Act (16
17 U.S.C. 1271 et seq.).
18 (E) The site or facility must not (i) restrict the
19 flow of a 100-year flood, (ii) result in washout of
20 food scrap, livestock waste, crop residue,
21 uncontaminated wood waste, or paper waste from a
22 100-year flood, or (iii) reduce the temporary water
23 storage capacity of the 100-year floodplain, unless
24 measures are undertaken to provide alternative storage
25 capacity, such as by providing lagoons, holding tanks,
26 or drainage around structures at the facility.

HB5597- 1234 -LRB098 15874 AMC 50917 b
1 (F) The site or facility must not be located in any
2 area where it may pose a threat of harm or destruction
3 to the features for which:
4 (i) an irreplaceable historic or
5 archaeological site has been listed under the
6 National Historic Preservation Act (16 U.S.C. 470
7 et seq.) or the Illinois Historic Preservation
8 Act;
9 (ii) a natural landmark has been designated by
10 the National Park Service or the Illinois State
11 Historic Preservation Office; or
12 (iii) a natural area has been designated as a
13 Dedicated Illinois Nature Preserve under the
14 Illinois Natural Areas Preservation Act.
15 (G) The site or facility must not be located in an
16 area where it may jeopardize the continued existence of
17 any designated endangered species, result in the
18 destruction or adverse modification of the critical
19 habitat for such species, or cause or contribute to the
20 taking of any endangered or threatened species of
21 plant, fish, or wildlife listed under the Endangered
22 Species Act (16 U.S.C. 1531 et seq.) or the Illinois
23 Endangered Species Protection Act;
24 (20) the portion of a site or facility that is located
25 entirely within a home rule unit having a population of no
26 less than 120,000 and no more than 135,000, according to

HB5597- 1235 -LRB098 15874 AMC 50917 b
1 the 2000 federal census, and that meets all of the
2 following requirements:
3 (i) the portion of the site or facility is used
4 exclusively to perform testing of a thermochemical
5 conversion technology using only woody biomass,
6 collected as landscape waste within the boundaries
7 of the home rule unit, as the hydrocarbon feedstock
8 for the production of synthetic gas in accordance
9 with Section 39.9 of this Act;
10 (ii) the portion of the site or facility is in
11 compliance with all applicable zoning
12 requirements; and
13 (iii) a complete application for a
14 demonstration permit at the portion of the site or
15 facility has been submitted to the Agency in
16 accordance with Section 39.9 of this Act within one
17 year after July 27, 2010 (the effective date of
18 Public Act 96-1314);
19 (21) the portion of a site or facility used to perform
20 limited testing of a gasification conversion technology in
21 accordance with Section 39.8 of this Act and for which a
22 complete permit application has been submitted to the
23 Agency prior to one year from April 9, 2010 (the effective
24 date of Public Act 96-887);
25 (22) the portion of a site or facility that is used to
26 incinerate only pharmaceuticals from residential sources

HB5597- 1236 -LRB098 15874 AMC 50917 b
1 that are collected and transported by law enforcement
2 agencies under Section 17.9A of this Act; and
3 (23) until July 1, 2017, the portion of a site or
4 facility:
5 (A) that is used exclusively for the transfer of
6 commingled landscape waste and food scrap held at the
7 site or facility for no longer than 24 hours after
8 their receipt;
9 (B) that is located entirely within a home rule
10 unit having a population of either (i) not less than
11 100,000 and not more than 115,000 according to the 2010
12 federal census or (ii) not less than 5,000 and not more
13 than 10,000 according to the 2010 federal census;
14 (C) that is permitted, by the Agency, prior to
15 January 1, 2002, for the transfer of landscape waste;
16 and
17 (D) for which a permit application is submitted to
18 the Agency within 6 months after January 1, 2014 (the
19 effective date of Public Act 98-146) this amendatory
20 Act of the 98th General Assembly to modify an existing
21 permit for the transfer of landscape waste to also
22 include, on a demonstration basis not to exceed 18
23 months, the transfer of commingled landscape waste and
24 food scrap.
25 (b) A new pollution control facility is:
26 (1) a pollution control facility initially permitted

HB5597- 1237 -LRB098 15874 AMC 50917 b
1 for development or construction after July 1, 1981; or
2 (2) the area of expansion beyond the boundary of a
3 currently permitted pollution control facility; or
4 (3) a permitted pollution control facility requesting
5 approval to store, dispose of, transfer or incinerate, for
6 the first time, any special or hazardous waste.
7(Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12;
898-146, eff. 1-1-14; 98-239, eff. 8-9-13; revised 9-19-13.)
9 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
10 Sec. 21. Prohibited acts. No person shall:
11 (a) Cause or allow the open dumping of any waste.
12 (b) Abandon, dump, or deposit any waste upon the public
13highways or other public property, except in a sanitary
14landfill approved by the Agency pursuant to regulations adopted
15by the Board.
16 (c) Abandon any vehicle in violation of the "Abandoned
17Vehicles Amendment to the Illinois Vehicle Code", as enacted by
18the 76th General Assembly.
19 (d) Conduct any waste-storage, waste-treatment, or
20waste-disposal operation:
21 (1) without a permit granted by the Agency or in
22 violation of any conditions imposed by such permit,
23 including periodic reports and full access to adequate
24 records and the inspection of facilities, as may be
25 necessary to assure compliance with this Act and with

HB5597- 1238 -LRB098 15874 AMC 50917 b
1 regulations and standards adopted thereunder; provided,
2 however, that, except for municipal solid waste landfill
3 units that receive waste on or after October 9, 1993, no
4 permit shall be required for (i) any person conducting a
5 waste-storage, waste-treatment, or waste-disposal
6 operation for wastes generated by such person's own
7 activities which are stored, treated, or disposed within
8 the site where such wastes are generated, or (ii) a
9 facility located in a county with a population over 700,000
10 as of January 1, 2000, operated and located in accordance
11 with Section 22.38 of this Act, and used exclusively for
12 the transfer, storage, or treatment of general
13 construction or demolition debris, provided that the
14 facility was receiving construction or demolition debris
15 on the effective date of this amendatory Act of the 96th
16 General Assembly;
17 (2) in violation of any regulations or standards
18 adopted by the Board under this Act; or
19 (3) which receives waste after August 31, 1988, does
20 not have a permit issued by the Agency, and is (i) a
21 landfill used exclusively for the disposal of waste
22 generated at the site, (ii) a surface impoundment receiving
23 special waste not listed in an NPDES permit, (iii) a waste
24 pile in which the total volume of waste is greater than 100
25 cubic yards or the waste is stored for over one year, or
26 (iv) a land treatment facility receiving special waste

HB5597- 1239 -LRB098 15874 AMC 50917 b
1 generated at the site; without giving notice of the
2 operation to the Agency by January 1, 1989, or 30 days
3 after the date on which the operation commences, whichever
4 is later, and every 3 years thereafter. The form for such
5 notification shall be specified by the Agency, and shall be
6 limited to information regarding: the name and address of
7 the location of the operation; the type of operation; the
8 types and amounts of waste stored, treated or disposed of
9 on an annual basis; the remaining capacity of the
10 operation; and the remaining expected life of the
11 operation.
12 Item (3) of this subsection (d) shall not apply to any
13person engaged in agricultural activity who is disposing of a
14substance that constitutes solid waste, if the substance was
15acquired for use by that person on his own property, and the
16substance is disposed of on his own property in accordance with
17regulations or standards adopted by the Board.
18 This subsection (d) shall not apply to hazardous waste.
19 (e) Dispose, treat, store or abandon any waste, or
20transport any waste into this State for disposal, treatment,
21storage or abandonment, except at a site or facility which
22meets the requirements of this Act and of regulations and
23standards thereunder.
24 (f) Conduct any hazardous waste-storage, hazardous
25waste-treatment or hazardous waste-disposal operation:
26 (1) without a RCRA permit for the site issued by the

HB5597- 1240 -LRB098 15874 AMC 50917 b
1 Agency under subsection (d) of Section 39 of this Act, or
2 in violation of any condition imposed by such permit,
3 including periodic reports and full access to adequate
4 records and the inspection of facilities, as may be
5 necessary to assure compliance with this Act and with
6 regulations and standards adopted thereunder; or
7 (2) in violation of any regulations or standards
8 adopted by the Board under this Act; or
9 (3) in violation of any RCRA permit filing requirement
10 established under standards adopted by the Board under this
11 Act; or
12 (4) in violation of any order adopted by the Board
13 under this Act.
14 Notwithstanding the above, no RCRA permit shall be required
15under this subsection or subsection (d) of Section 39 of this
16Act for any person engaged in agricultural activity who is
17disposing of a substance which has been identified as a
18hazardous waste, and which has been designated by Board
19regulations as being subject to this exception, if the
20substance was acquired for use by that person on his own
21property and the substance is disposed of on his own property
22in accordance with regulations or standards adopted by the
23Board.
24 (g) Conduct any hazardous waste-transportation operation:
25 (1) without registering with and obtaining a special
26 waste hauling permit from the Agency in accordance with the

HB5597- 1241 -LRB098 15874 AMC 50917 b
1 regulations adopted by the Board under this Act; or
2 (2) in violation of any regulations or standards
3 adopted by the Board under this Act.
4 (h) Conduct any hazardous waste-recycling or hazardous
5waste-reclamation or hazardous waste-reuse operation in
6violation of any regulations, standards or permit requirements
7adopted by the Board under this Act.
8 (i) Conduct any process or engage in any act which produces
9hazardous waste in violation of any regulations or standards
10adopted by the Board under subsections (a) and (c) of Section
1122.4 of this Act.
12 (j) Conduct any special waste transportation operation in
13violation of any regulations, standards or permit requirements
14adopted by the Board under this Act. However, sludge from a
15water or sewage treatment plant owned and operated by a unit of
16local government which (1) is subject to a sludge management
17plan approved by the Agency or a permit granted by the Agency,
18and (2) has been tested and determined not to be a hazardous
19waste as required by applicable State and federal laws and
20regulations, may be transported in this State without a special
21waste hauling permit, and the preparation and carrying of a
22manifest shall not be required for such sludge under the rules
23of the Pollution Control Board. The unit of local government
24which operates the treatment plant producing such sludge shall
25file a semiannual report with the Agency identifying the volume
26of such sludge transported during the reporting period, the

HB5597- 1242 -LRB098 15874 AMC 50917 b
1hauler of the sludge, and the disposal sites to which it was
2transported. This subsection (j) shall not apply to hazardous
3waste.
4 (k) Fail or refuse to pay any fee imposed under this Act.
5 (l) Locate a hazardous waste disposal site above an active
6or inactive shaft or tunneled mine or within 2 miles of an
7active fault in the earth's crust. In counties of population
8less than 225,000 no hazardous waste disposal site shall be
9located (1) within 1 1/2 miles of the corporate limits as
10defined on June 30, 1978, of any municipality without the
11approval of the governing body of the municipality in an
12official action; or (2) within 1000 feet of an existing private
13well or the existing source of a public water supply measured
14from the boundary of the actual active permitted site and
15excluding existing private wells on the property of the permit
16applicant. The provisions of this subsection do not apply to
17publicly-owned sewage works or the disposal or utilization of
18sludge from publicly-owned sewage works.
19 (m) Transfer interest in any land which has been used as a
20hazardous waste disposal site without written notification to
21the Agency of the transfer and to the transferee of the
22conditions imposed by the Agency upon its use under subsection
23(g) of Section 39.
24 (n) Use any land which has been used as a hazardous waste
25disposal site except in compliance with conditions imposed by
26the Agency under subsection (g) of Section 39.

HB5597- 1243 -LRB098 15874 AMC 50917 b
1 (o) Conduct a sanitary landfill operation which is required
2to have a permit under subsection (d) of this Section, in a
3manner which results in any of the following conditions:
4 (1) refuse in standing or flowing waters;
5 (2) leachate flows entering waters of the State;
6 (3) leachate flows exiting the landfill confines (as
7 determined by the boundaries established for the landfill
8 by a permit issued by the Agency);
9 (4) open burning of refuse in violation of Section 9 of
10 this Act;
11 (5) uncovered refuse remaining from any previous
12 operating day or at the conclusion of any operating day,
13 unless authorized by permit;
14 (6) failure to provide final cover within time limits
15 established by Board regulations;
16 (7) acceptance of wastes without necessary permits;
17 (8) scavenging as defined by Board regulations;
18 (9) deposition of refuse in any unpermitted portion of
19 the landfill;
20 (10) acceptance of a special waste without a required
21 manifest;
22 (11) failure to submit reports required by permits or
23 Board regulations;
24 (12) failure to collect and contain litter from the
25 site by the end of each operating day;
26 (13) failure to submit any cost estimate for the site

HB5597- 1244 -LRB098 15874 AMC 50917 b
1 or any performance bond or other security for the site as
2 required by this Act or Board rules.
3 The prohibitions specified in this subsection (o) shall be
4enforceable by the Agency either by administrative citation
5under Section 31.1 of this Act or as otherwise provided by this
6Act. The specific prohibitions in this subsection do not limit
7the power of the Board to establish regulations or standards
8applicable to sanitary landfills.
9 (p) In violation of subdivision (a) of this Section, cause
10or allow the open dumping of any waste in a manner which
11results in any of the following occurrences at the dump site:
12 (1) litter;
13 (2) scavenging;
14 (3) open burning;
15 (4) deposition of waste in standing or flowing waters;
16 (5) proliferation of disease vectors;
17 (6) standing or flowing liquid discharge from the dump
18 site;
19 (7) deposition of:
20 (i) general construction or demolition debris as
21 defined in Section 3.160(a) of this Act; or
22 (ii) clean construction or demolition debris as
23 defined in Section 3.160(b) of this Act.
24 The prohibitions specified in this subsection (p) shall be
25enforceable by the Agency either by administrative citation
26under Section 31.1 of this Act or as otherwise provided by this

HB5597- 1245 -LRB098 15874 AMC 50917 b
1Act. The specific prohibitions in this subsection do not limit
2the power of the Board to establish regulations or standards
3applicable to open dumping.
4 (q) Conduct a landscape waste composting operation without
5an Agency permit, provided, however, that no permit shall be
6required for any person:
7 (1) conducting a landscape waste composting operation
8 for landscape wastes generated by such person's own
9 activities which are stored, treated, or disposed of within
10 the site where such wastes are generated; or
11 (1.5) conducting a landscape waste composting
12 operation that (i) has no more than 25 cubic yards of
13 landscape waste, composting additives, composting
14 material, or end-product compost on-site at any one time
15 and (ii) is not engaging in commercial activity; or
16 (2) applying landscape waste or composted landscape
17 waste at agronomic rates; or
18 (2.5) operating a landscape waste composting facility
19 at a site having 10 or more occupied non-farm residences
20 within 1/2 mile of its boundaries, if the facility meets
21 all of the following criteria:
22 (A) the composting facility is operated by the
23 farmer on property on which the composting material is
24 utilized, and the composting facility constitutes no
25 more than 2% of the site's total acreage;
26 (A-5) any composting additives that the composting

HB5597- 1246 -LRB098 15874 AMC 50917 b
1 facility accepts and uses at the facility are necessary
2 to provide proper conditions for composting and do not
3 exceed 10% of the total composting material at the
4 facility at any one time;
5 (B) the property on which the composting facility
6 is located, and any associated property on which the
7 compost is used, is principally and diligently devoted
8 to the production of agricultural crops and is not
9 owned, leased, or otherwise controlled by any waste
10 hauler or generator of nonagricultural compost
11 materials, and the operator of the composting facility
12 is not an employee, partner, shareholder, or in any way
13 connected with or controlled by any such waste hauler
14 or generator;
15 (C) all compost generated by the composting
16 facility is applied at agronomic rates and used as
17 mulch, fertilizer, or soil conditioner on land
18 actually farmed by the person operating the composting
19 facility, and the finished compost is not stored at the
20 composting site for a period longer than 18 months
21 prior to its application as mulch, fertilizer, or soil
22 conditioner;
23 (D) no fee is charged for the acceptance of
24 materials to be composted at the facility; and
25 (E) the owner or operator, by January 1, 2014 (or
26 the January 1 following commencement of operation,

HB5597- 1247 -LRB098 15874 AMC 50917 b
1 whichever is later) and January 1 of each year
2 thereafter, registers the site with the Agency, (ii)
3 reports to the Agency on the volume of composting
4 material received and used at the site; (iii) certifies
5 to the Agency that the site complies with the
6 requirements set forth in subparagraphs (A), (A-5),
7 (B), (C), and (D) of this paragraph (2.5); and (iv)
8 certifies to the Agency that all composting material
9 was placed more than 200 feet from the nearest potable
10 water supply well, was placed outside the boundary of
11 the 10-year floodplain or on a part of the site that is
12 floodproofed, was placed at least 1/4 mile from the
13 nearest residence (other than a residence located on
14 the same property as the facility) or a lesser distance
15 from the nearest residence (other than a residence
16 located on the same property as the facility) if the
17 municipality in which the facility is located has by
18 ordinance approved a lesser distance than 1/4 mile, and
19 was placed more than 5 feet above the water table; any
20 ordinance approving a residential setback of less than
21 1/4 mile that is used to meet the requirements of this
22 subparagraph (E) of paragraph (2.5) of this subsection
23 must specifically reference this paragraph; or
24 (3) operating a landscape waste composting facility on
25 a farm, if the facility meets all of the following
26 criteria:

HB5597- 1248 -LRB098 15874 AMC 50917 b
1 (A) the composting facility is operated by the
2 farmer on property on which the composting material is
3 utilized, and the composting facility constitutes no
4 more than 2% of the property's total acreage, except
5 that the Board may allow a higher percentage for
6 individual sites where the owner or operator has
7 demonstrated to the Board that the site's soil
8 characteristics or crop needs require a higher rate;
9 (A-1) the composting facility accepts from other
10 agricultural operations for composting with landscape
11 waste no materials other than uncontaminated and
12 source-separated (i) crop residue and other
13 agricultural plant residue generated from the
14 production and harvesting of crops and other customary
15 farm practices, including, but not limited to, stalks,
16 leaves, seed pods, husks, bagasse, and roots and (ii)
17 plant-derived animal bedding, such as straw or
18 sawdust, that is free of manure and was not made from
19 painted or treated wood;
20 (A-2) any composting additives that the composting
21 facility accepts and uses at the facility are necessary
22 to provide proper conditions for composting and do not
23 exceed 10% of the total composting material at the
24 facility at any one time;
25 (B) the property on which the composting facility
26 is located, and any associated property on which the

HB5597- 1249 -LRB098 15874 AMC 50917 b
1 compost is used, is principally and diligently devoted
2 to the production of agricultural crops and is not
3 owned, leased or otherwise controlled by any waste
4 hauler or generator of nonagricultural compost
5 materials, and the operator of the composting facility
6 is not an employee, partner, shareholder, or in any way
7 connected with or controlled by any such waste hauler
8 or generator;
9 (C) all compost generated by the composting
10 facility is applied at agronomic rates and used as
11 mulch, fertilizer or soil conditioner on land actually
12 farmed by the person operating the composting
13 facility, and the finished compost is not stored at the
14 composting site for a period longer than 18 months
15 prior to its application as mulch, fertilizer, or soil
16 conditioner;
17 (D) the owner or operator, by January 1 of each
18 year, (i) registers the site with the Agency, (ii)
19 reports to the Agency on the volume of composting
20 material received and used at the site, (iii) certifies
21 to the Agency that the site complies with the
22 requirements set forth in subparagraphs (A), (A-1),
23 (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
24 certifies to the Agency that all composting material:
25 (I) was placed more than 200 feet from the
26 nearest potable water supply well;

HB5597- 1250 -LRB098 15874 AMC 50917 b
1 (II) was placed outside the boundary of the
2 10-year floodplain or on a part of the site that is
3 floodproofed;
4 (III) was placed either (aa) at least 1/4 mile
5 from the nearest residence (other than a residence
6 located on the same property as the facility) and
7 there are not more than 10 occupied non-farm
8 residences within 1/2 mile of the boundaries of the
9 site on the date of application or (bb) a lesser
10 distance from the nearest residence (other than a
11 residence located on the same property as the
12 facility) provided that the municipality or county
13 in which the facility is located has by ordinance
14 approved a lesser distance than 1/4 mile and there
15 are not more than 10 occupied non-farm residences
16 within 1/2 mile of the boundaries of the site on
17 the date of application; and
18 (IV) was placed more than 5 feet above the
19 water table.
20 Any ordinance approving a residential setback of
21 less than 1/4 mile that is used to meet the
22 requirements of this subparagraph (D) must
23 specifically reference this subparagraph.
24 For the purposes of this subsection (q), "agronomic rates"
25means the application of not more than 20 tons per acre per
26year, except that the Board may allow a higher rate for

HB5597- 1251 -LRB098 15874 AMC 50917 b
1individual sites where the owner or operator has demonstrated
2to the Board that the site's soil characteristics or crop needs
3require a higher rate.
4 (r) Cause or allow the storage or disposal of coal
5combustion waste unless:
6 (1) such waste is stored or disposed of at a site or
7 facility for which a permit has been obtained or is not
8 otherwise required under subsection (d) of this Section; or
9 (2) such waste is stored or disposed of as a part of
10 the design and reclamation of a site or facility which is
11 an abandoned mine site in accordance with the Abandoned
12 Mined Lands and Water Reclamation Act; or
13 (3) such waste is stored or disposed of at a site or
14 facility which is operating under NPDES and Subtitle D
15 permits issued by the Agency pursuant to regulations
16 adopted by the Board for mine-related water pollution and
17 permits issued pursuant to the Federal Surface Mining
18 Control and Reclamation Act of 1977 (P.L. 95-87) or the
19 rules and regulations thereunder or any law or rule or
20 regulation adopted by the State of Illinois pursuant
21 thereto, and the owner or operator of the facility agrees
22 to accept the waste; and either
23 (i) such waste is stored or disposed of in
24 accordance with requirements applicable to refuse
25 disposal under regulations adopted by the Board for
26 mine-related water pollution and pursuant to NPDES and

HB5597- 1252 -LRB098 15874 AMC 50917 b
1 Subtitle D permits issued by the Agency under such
2 regulations; or
3 (ii) the owner or operator of the facility
4 demonstrates all of the following to the Agency, and
5 the facility is operated in accordance with the
6 demonstration as approved by the Agency: (1) the
7 disposal area will be covered in a manner that will
8 support continuous vegetation, (2) the facility will
9 be adequately protected from wind and water erosion,
10 (3) the pH will be maintained so as to prevent
11 excessive leaching of metal ions, and (4) adequate
12 containment or other measures will be provided to
13 protect surface water and groundwater from
14 contamination at levels prohibited by this Act, the
15 Illinois Groundwater Protection Act, or regulations
16 adopted pursuant thereto.
17 Notwithstanding any other provision of this Title, the
18disposal of coal combustion waste pursuant to item (2) or (3)
19of this subdivision (r) shall be exempt from the other
20provisions of this Title V, and notwithstanding the provisions
21of Title X of this Act, the Agency is authorized to grant
22experimental permits which include provision for the disposal
23of wastes from the combustion of coal and other materials
24pursuant to items (2) and (3) of this subdivision (r).
25 (s) After April 1, 1989, offer for transportation,
26transport, deliver, receive or accept special waste for which a

HB5597- 1253 -LRB098 15874 AMC 50917 b
1manifest is required, unless the manifest indicates that the
2fee required under Section 22.8 of this Act has been paid.
3 (t) Cause or allow a lateral expansion of a municipal solid
4waste landfill unit on or after October 9, 1993, without a
5permit modification, granted by the Agency, that authorizes the
6lateral expansion.
7 (u) Conduct any vegetable by-product treatment, storage,
8disposal or transportation operation in violation of any
9regulation, standards or permit requirements adopted by the
10Board under this Act. However, no permit shall be required
11under this Title V for the land application of vegetable
12by-products conducted pursuant to Agency permit issued under
13Title III of this Act to the generator of the vegetable
14by-products. In addition, vegetable by-products may be
15transported in this State without a special waste hauling
16permit, and without the preparation and carrying of a manifest.
17 (v) (Blank).
18 (w) Conduct any generation, transportation, or recycling
19of construction or demolition debris, clean or general, or
20uncontaminated soil generated during construction, remodeling,
21repair, and demolition of utilities, structures, and roads that
22is not commingled with any waste, without the maintenance of
23documentation identifying the hauler, generator, place of
24origin of the debris or soil, the weight or volume of the
25debris or soil, and the location, owner, and operator of the
26facility where the debris or soil was transferred, disposed,

HB5597- 1254 -LRB098 15874 AMC 50917 b
1recycled, or treated. This documentation must be maintained by
2the generator, transporter, or recycler for 3 years. This
3subsection (w) shall not apply to (1) a permitted pollution
4control facility that transfers or accepts construction or
5demolition debris, clean or general, or uncontaminated soil for
6final disposal, recycling, or treatment, (2) a public utility
7(as that term is defined in the Public Utilities Act) or a
8municipal utility, (3) the Illinois Department of
9Transportation, or (4) a municipality or a county highway
10department, with the exception of any municipality or county
11highway department located within a county having a population
12of over 3,000,000 inhabitants or located in a county that is
13contiguous to a county having a population of over 3,000,000
14inhabitants; but it shall apply to an entity that contracts
15with a public utility, a municipal utility, the Illinois
16Department of Transportation, or a municipality or a county
17highway department. The terms "generation" and "recycling" as
18used in this subsection do not apply to clean construction or
19demolition debris when (i) used as fill material below grade
20outside of a setback zone if covered by sufficient
21uncontaminated soil to support vegetation within 30 days of the
22completion of filling or if covered by a road or structure,
23(ii) solely broken concrete without protruding metal bars is
24used for erosion control, or (iii) milled asphalt or crushed
25concrete is used as aggregate in construction of the shoulder
26of a roadway. The terms "generation" and "recycling", as used

HB5597- 1255 -LRB098 15874 AMC 50917 b
1in this subsection, do not apply to uncontaminated soil that is
2not commingled with any waste when (i) used as fill material
3below grade or contoured to grade, or (ii) used at the site of
4generation.
5(Source: P.A. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13;
698-484, eff. 8-16-13; revised 9-19-13.)
7 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
8 Sec. 22.2. Hazardous waste; fees; liability.
9 (a) There are hereby created within the State Treasury 2
10special funds to be known respectively as the "Hazardous Waste
11Fund" and the "Hazardous Waste Research Fund", constituted from
12the fees collected pursuant to this Section. In addition to the
13fees collected under this Section, the Hazardous Waste Fund
14shall include other moneys made available from any source for
15deposit into the Fund.
16 (b)(1) On and after January 1, 1989, the Agency shall
17 collect from the owner or operator of each of the following
18 sites a fee in the amount of:
19 (A) 9 cents per gallon or $18.18 per cubic yard, if
20 the hazardous waste disposal site is located off the
21 site where such waste was produced. The maximum amount
22 payable under this subdivision (A) with respect to the
23 hazardous waste generated by a single generator and
24 deposited in monofills is $30,000 per year. If, as a
25 result of the use of multiple monofills, waste fees in

HB5597- 1256 -LRB098 15874 AMC 50917 b
1 excess of the maximum are assessed with respect to a
2 single waste generator, the generator may apply to the
3 Agency for a credit.
4 (B) 9 cents or $18.18 per cubic yard, if the
5 hazardous waste disposal site is located on the site
6 where such waste was produced, provided however the
7 maximum amount of fees payable under this paragraph (B)
8 is $30,000 per year for each such hazardous waste
9 disposal site.
10 (C) If the hazardous waste disposal site is an
11 underground injection well, $6,000 per year if not more
12 than 10,000,000 gallons per year are injected, $15,000
13 per year if more than 10,000,000 gallons but not more
14 than 50,000,000 gallons per year are injected, and
15 $27,000 per year if more than 50,000,000 gallons per
16 year are injected.
17 (D) 3 cents per gallon or $6.06 per cubic yard of
18 hazardous waste received for treatment at a hazardous
19 waste treatment site, if the hazardous waste treatment
20 site is located off the site where such waste was
21 produced and if such hazardous waste treatment site is
22 owned, controlled and operated by a person other than
23 the generator of such waste. After treatment at such
24 hazardous waste treatment site, the waste shall not be
25 subject to any other fee imposed by this subsection
26 (b). For purposes of this subsection (b), the term

HB5597- 1257 -LRB098 15874 AMC 50917 b
1 "treatment" is defined as in Section 3.505 but shall
2 not include recycling, reclamation or reuse.
3 (2) The General Assembly shall annually appropriate to
4 the Fund such amounts as it deems necessary to fulfill the
5 purposes of this Act.
6 (3) The Agency shall have the authority to accept,
7 receive, and administer on behalf of the State any moneys
8 made available to the State from any source for the
9 purposes of the Hazardous Waste Fund set forth in
10 subsection (d) of this Section.
11 (4) Of the amount collected as fees provided for in
12 this Section, the Agency shall manage the use of such funds
13 to assure that sufficient funds are available for match
14 towards federal expenditures for response action at sites
15 which are listed on the National Priorities List; provided,
16 however, that this shall not apply to additional monies
17 appropriated to the Fund by the General Assembly, nor shall
18 it apply in the event that the Director finds that revenues
19 in the Hazardous Waste Fund must be used to address
20 conditions which create or may create an immediate danger
21 to the environment or public health or to the welfare of
22 the people of the State of Illinois.
23 (5) Notwithstanding the other provisions of this
24 subsection (b), sludge from a publicly-owned sewage works
25 generated in Illinois, coal mining wastes and refuse
26 generated in Illinois, bottom boiler ash, flyash and flue

HB5597- 1258 -LRB098 15874 AMC 50917 b
1 gas desulphurization sludge from public utility electric
2 generating facilities located in Illinois, and bottom
3 boiler ash and flyash from all incinerators which process
4 solely municipal waste shall not be subject to the fee.
5 (6) For the purposes of this subsection (b), "monofill"
6 means a facility, or a unit at a facility, that accepts
7 only wastes bearing the same USEPA hazardous waste
8 identification number, or compatible wastes as determined
9 by the Agency.
10 (c) The Agency shall establish procedures, not later than
11January 1, 1984, relating to the collection of the fees
12authorized by this Section. Such procedures shall include, but
13not be limited to: (1) necessary records identifying the
14quantities of hazardous waste received or disposed; (2) the
15form and submission of reports to accompany the payment of fees
16to the Agency; and (3) the time and manner of payment of fees
17to the Agency, which payments shall be not more often than
18quarterly.
19 (d) Beginning July 1, 1996, the Agency shall deposit all
20such receipts in the State Treasury to the credit of the
21Hazardous Waste Fund, except as provided in subsection (e) of
22this Section. All monies in the Hazardous Waste Fund shall be
23used by the Agency for the following purposes:
24 (1) Taking whatever preventive or corrective action is
25 necessary or appropriate, in circumstances certified by
26 the Director, including but not limited to removal or

HB5597- 1259 -LRB098 15874 AMC 50917 b
1 remedial action whenever there is a release or substantial
2 threat of a release of a hazardous substance or pesticide;
3 provided, the Agency shall expend no more than $1,000,000
4 on any single incident without appropriation by the General
5 Assembly.
6 (2) To meet any requirements which must be met by the
7 State in order to obtain federal funds pursuant to the
8 Comprehensive Environmental Response, Compensation and
9 Liability Act of 1980, (P.L. 96-510).
10 (3) In an amount up to 30% of the amount collected as
11 fees provided for in this Section, for use by the Agency to
12 conduct groundwater protection activities, including
13 providing grants to appropriate units of local government
14 which are addressing protection of underground waters
15 pursuant to the provisions of this Act.
16 (4) To fund the development and implementation of the
17 model pesticide collection program under Section 19.1 of
18 the Illinois Pesticide Act.
19 (5) To the extent the Agency has received and deposited
20 monies in the Fund other than fees collected under
21 subsection (b) of this Section, to pay for the cost of
22 Agency employees for services provided in reviewing the
23 performance of response actions pursuant to Title XVII of
24 this Act.
25 (6) In an amount up to 15% of the fees collected
26 annually under subsection (b) of this Section, for use by

HB5597- 1260 -LRB098 15874 AMC 50917 b
1 the Agency for administration of the provisions of this
2 Section.
3 (e) The Agency shall deposit 10% of all receipts collected
4under subsection (b) of this Section, but not to exceed
5$200,000 per year, in the State Treasury to the credit of the
6Hazardous Waste Research Fund established by this Act. Pursuant
7to appropriation, all monies in such Fund shall be used by the
8University of Illinois for the purposes set forth in this
9subsection.
10 The University of Illinois may enter into contracts with
11business, industrial, university, governmental or other
12qualified individuals or organizations to assist in the
13research and development intended to recycle, reduce the volume
14of, separate, detoxify or reduce the hazardous properties of
15hazardous wastes in Illinois. Monies in the Fund may also be
16used by the University of Illinois for technical studies,
17monitoring activities, and educational and research activities
18which are related to the protection of underground waters.
19Monies in the Hazardous Waste Research Fund may be used to
20administer the Illinois Health and Hazardous Substances
21Registry Act. Monies in the Hazardous Waste Research Fund shall
22not be used for any sanitary landfill or the acquisition or
23construction of any facility. This does not preclude the
24purchase of equipment for the purpose of public demonstration
25projects. The University of Illinois shall adopt guidelines for
26cost sharing, selecting, and administering projects under this

HB5597- 1261 -LRB098 15874 AMC 50917 b
1subsection.
2 (f) Notwithstanding any other provision or rule of law, and
3subject only to the defenses set forth in subsection (j) of
4this Section, the following persons shall be liable for all
5costs of removal or remedial action incurred by the State of
6Illinois or any unit of local government as a result of a
7release or substantial threat of a release of a hazardous
8substance or pesticide:
9 (1) the owner and operator of a facility or vessel from
10 which there is a release or substantial threat of release
11 of a hazardous substance or pesticide;
12 (2) any person who at the time of disposal, transport,
13 storage or treatment of a hazardous substance or pesticide
14 owned or operated the facility or vessel used for such
15 disposal, transport, treatment or storage from which there
16 was a release or substantial threat of a release of any
17 such hazardous substance or pesticide;
18 (3) any person who by contract, agreement, or otherwise
19 has arranged with another party or entity for transport,
20 storage, disposal or treatment of hazardous substances or
21 pesticides owned, controlled or possessed by such person at
22 a facility owned or operated by another party or entity
23 from which facility there is a release or substantial
24 threat of a release of such hazardous substances or
25 pesticides; and
26 (4) any person who accepts or accepted any hazardous

HB5597- 1262 -LRB098 15874 AMC 50917 b
1 substances or pesticides for transport to disposal,
2 storage or treatment facilities or sites from which there
3 is a release or a substantial threat of a release of a
4 hazardous substance or pesticide.
5 Any monies received by the State of Illinois pursuant to
6this subsection (f) shall be deposited in the State Treasury to
7the credit of the Hazardous Waste Fund.
8 In accordance with the other provisions of this Section,
9costs of removal or remedial action incurred by a unit of local
10government may be recovered in an action before the Board
11brought by the unit of local government under subsection (i) of
12this Section. Any monies so recovered shall be paid to the unit
13of local government.
14 (g)(1) No indemnification, hold harmless, or similar
15 agreement or conveyance shall be effective to transfer from
16 the owner or operator of any vessel or facility or from any
17 person who may be liable for a release or substantial
18 threat of a release under this Section, to any other person
19 the liability imposed under this Section. Nothing in this
20 Section shall bar any agreement to insure, hold harmless or
21 indemnify a party to such agreements for any liability
22 under this Section.
23 (2) Nothing in this Section, including the provisions
24 of paragraph (g)(1) of this Section, shall bar a cause of
25 action that an owner or operator or any other person
26 subject to liability under this Section, or a guarantor,

HB5597- 1263 -LRB098 15874 AMC 50917 b
1 has or would have, by reason of subrogation or otherwise
2 against any person.
3 (h) For purposes of this Section:
4 (1) The term "facility" means:
5 (A) any building, structure, installation,
6 equipment, pipe or pipeline including but not limited
7 to any pipe into a sewer or publicly owned treatment
8 works, well, pit, pond, lagoon, impoundment, ditch,
9 landfill, storage container, motor vehicle, rolling
10 stock, or aircraft; or
11 (B) any site or area where a hazardous substance
12 has been deposited, stored, disposed of, placed, or
13 otherwise come to be located.
14 (2) The term "owner or operator" means:
15 (A) any person owning or operating a vessel or
16 facility;
17 (B) in the case of an abandoned facility, any
18 person owning or operating the abandoned facility or
19 any person who owned, operated, or otherwise
20 controlled activities at the abandoned facility
21 immediately prior to such abandonment;
22 (C) in the case of a land trust as defined in
23 Section 2 of the Land Trustee as Creditor Act, the
24 person owning the beneficial interest in the land
25 trust;
26 (D) in the case of a fiduciary (other than a land

HB5597- 1264 -LRB098 15874 AMC 50917 b
1 trustee), the estate, trust estate, or other interest
2 in property held in a fiduciary capacity, and not the
3 fiduciary. For the purposes of this Section,
4 "fiduciary" means a trustee, executor, administrator,
5 guardian, receiver, conservator or other person
6 holding a facility or vessel in a fiduciary capacity;
7 (E) in the case of a "financial institution",
8 meaning the Illinois Housing Development Authority and
9 that term as defined in Section 2 of the Illinois
10 Banking Act, that has acquired ownership, operation,
11 management, or control of a vessel or facility through
12 foreclosure or under the terms of a security interest
13 held by the financial institution or under the terms of
14 an extension of credit made by the financial
15 institution, the financial institution only if the
16 financial institution takes possession of the vessel
17 or facility and the financial institution exercises
18 actual, direct, and continual or recurrent managerial
19 control in the operation of the vessel or facility that
20 causes a release or substantial threat of a release of
21 a hazardous substance or pesticide resulting in
22 removal or remedial action;
23 (F) In the case of an owner of residential
24 property, the owner if the owner is a person other than
25 an individual, or if the owner is an individual who
26 owns more than 10 dwelling units in Illinois, or if the

HB5597- 1265 -LRB098 15874 AMC 50917 b
1 owner, or an agent, representative, contractor, or
2 employee of the owner, has caused, contributed to, or
3 allowed the release or threatened release of a
4 hazardous substance or pesticide. The term
5 "residential property" means single family residences
6 of one to 4 dwelling units, including accessory land,
7 buildings, or improvements incidental to those
8 dwellings that are exclusively used for the
9 residential use. For purposes of this subparagraph
10 (F), the term "individual" means a natural person, and
11 shall not include corporations, partnerships, trusts,
12 or other non-natural persons.
13 (G) In the case of any facility, title or control
14 of which was conveyed due to bankruptcy, foreclosure,
15 tax delinquency, abandonment, or similar means to a
16 unit of State or local government, any person who
17 owned, operated, or otherwise controlled activities at
18 the facility immediately beforehand.
19 (H) The term "owner or operator" does not include a
20 unit of State or local government which acquired
21 ownership or control through bankruptcy, tax
22 delinquency, abandonment, or other circumstances in
23 which the government acquires title by virtue of its
24 function as sovereign. The exclusion provided under
25 this paragraph shall not apply to any State or local
26 government which has caused or contributed to the

HB5597- 1266 -LRB098 15874 AMC 50917 b
1 release or threatened release of a hazardous substance
2 from the facility, and such a State or local government
3 shall be subject to the provisions of this Act in the
4 same manner and to the same extent, both procedurally
5 and substantively, as any nongovernmental entity,
6 including liability under Section 22.2(f).
7 (i) The costs and damages provided for in this Section may
8be imposed by the Board in an action brought before the Board
9in accordance with Title VIII of this Act, except that Section
1033(c) of this Act shall not apply to any such action.
11 (j)(1) There shall be no liability under this Section for a
12person otherwise liable who can establish by a preponderance of
13the evidence that the release or substantial threat of release
14of a hazardous substance and the damages resulting therefrom
15were caused solely by:
16 (A) an act of God;
17 (B) an act of war;
18 (C) an act or omission of a third party other than an
19 employee or agent of the defendant, or other than one whose
20 act or omission occurs in connection with a contractual
21 relationship, existing directly or indirectly, with the
22 defendant (except where the sole contractual arrangement
23 arises from a published tariff and acceptance for carriage
24 by a common carrier by rail), if the defendant establishes
25 by a preponderance of the evidence that (i) he exercised
26 due care with respect to the hazardous substance concerned,

HB5597- 1267 -LRB098 15874 AMC 50917 b
1 taking into consideration the characteristics of such
2 hazardous substance, in light of all relevant facts and
3 circumstances, and (ii) he took precautions against
4 foreseeable acts or omissions of any such third party and
5 the consequences that could foreseeably result from such
6 acts or omissions; or
7 (D) any combination of the foregoing paragraphs.
8 (2) There shall be no liability under this Section for any
9release permitted by State or federal law.
10 (3) There shall be no liability under this Section for
11damages as a result of actions taken or omitted in the course
12of rendering care, assistance, or advice in accordance with
13this Section or the National Contingency Plan pursuant to the
14Comprehensive Environmental Response, Compensation and
15Liability Act of 1980 (P.L. 96-510) or at the direction of an
16on-scene coordinator appointed under such plan, with respect to
17an incident creating a danger to public health or welfare or
18the environment as a result of any release of a hazardous
19substance or a substantial threat thereof. This subsection
20shall not preclude liability for damages as the result of gross
21negligence or intentional misconduct on the part of such
22person. For the purposes of the preceding sentence, reckless,
23willful, or wanton misconduct shall constitute gross
24negligence.
25 (4) There shall be no liability under this Section for any
26person (including, but not limited to, an owner of residential

HB5597- 1268 -LRB098 15874 AMC 50917 b
1property who applies a pesticide to the residential property or
2who has another person apply a pesticide to the residential
3property) for response costs or damages as the result of the
4storage, handling and use, or recommendation for storage,
5handling and use, of a pesticide consistent with:
6 (A) its directions for storage, handling and use as
7 stated in its label or labeling;
8 (B) its warnings and cautions as stated in its label or
9 labeling; and
10 (C) the uses for which it is registered under the
11 Federal Insecticide, Fungicide and Rodenticide Act and the
12 Illinois Pesticide Act.
13 (4.5) There shall be no liability under subdivision (f)(1)
14of this Section for response costs or damages as the result of
15a release of a pesticide from an agrichemical facility site if
16the Agency has received notice from the Department of
17Agriculture pursuant to Section 19.3 of the Illinois Pesticide
18Act, the owner or operator of the agrichemical facility is
19proceeding with a corrective action plan under the Agrichemical
20Facility Response Action Program implemented under that
21Section, and the Agency has provided a written endorsement of a
22corrective action plan.
23 (4.6) There shall be no liability under subdivision (f)(1)
24of this Section for response costs or damages as the result of
25a substantial threat of a release of a pesticide from an
26agrichemical facility site if the Agency has received notice

HB5597- 1269 -LRB098 15874 AMC 50917 b
1from the Department of Agriculture pursuant to Section 19.3 of
2the Illinois Pesticide Act and the owner or operator of the
3agrichemical facility is proceeding with a corrective action
4plan under the Agrichemical Facility Response Action Program
5implemented under that Section.
6 (5) Nothing in this subsection (j) shall affect or modify
7in any way the obligations or liability of any person under any
8other provision of this Act or State or federal law, including
9common law, for damages, injury, or loss resulting from a
10release or substantial threat of a release of any hazardous
11substance or for removal or remedial action or the costs of
12removal or remedial action of such hazardous substance.
13 (6)(A) The term "contractual relationship", for the
14purpose of this subsection includes, but is not limited to,
15land contracts, deeds or other instruments transferring title
16or possession, unless the real property on which the facility
17concerned is located was acquired by the defendant after the
18disposal or placement of the hazardous substance on, in, or at
19the facility, and one or more of the circumstances described in
20clause (i), (ii), or (iii) of this paragraph is also
21established by the defendant by a preponderance of the
22evidence:
23 (i) At the time the defendant acquired the facility the
24 defendant did not know and had no reason to know that any
25 hazardous substance which is the subject of the release or
26 threatened release was disposed of on, in or at the

HB5597- 1270 -LRB098 15874 AMC 50917 b
1 facility.
2 (ii) The defendant is a government entity which
3 acquired the facility by escheat, or through any other
4 involuntary transfer or acquisition, or through the
5 exercise of eminent domain authority by purchase or
6 condemnation.
7 (iii) The defendant acquired the facility by
8 inheritance or bequest.
9 In addition to establishing the foregoing, the defendant
10must establish that he has satisfied the requirements of
11subparagraph (C) of paragraph (l) of this subsection (j).
12 (B) To establish the defendant had no reason to know, as
13provided in clause (i) of subparagraph (A) of this paragraph,
14the defendant must have undertaken, at the time of acquisition,
15all appropriate inquiry into the previous ownership and uses of
16the property consistent with good commercial or customary
17practice in an effort to minimize liability. For purposes of
18the preceding sentence, the court shall take into account any
19specialized knowledge or experience on the part of the
20defendant, the relationship of the purchase price to the value
21of the property if uncontaminated, commonly known or reasonably
22ascertainable information about the property, the obviousness
23of the presence or likely presence of contamination at the
24property, and the ability to detect such contamination by
25appropriate inspection.
26 (C) Nothing in this paragraph (6) or in subparagraph (C) of

HB5597- 1271 -LRB098 15874 AMC 50917 b
1paragraph (1) of this subsection shall diminish the liability
2of any previous owner or operator of such facility who would
3otherwise be liable under this Act. Notwithstanding this
4paragraph (6), if the defendant obtained actual knowledge of
5the release or threatened release of a hazardous substance at
6such facility when the defendant owned the real property and
7then subsequently transferred ownership of the property to
8another person without disclosing such knowledge, such
9defendant shall be treated as liable under subsection (f) of
10this Section and no defense under subparagraph (C) of paragraph
11(1) of this subsection shall be available to such defendant.
12 (D) Nothing in this paragraph (6) shall affect the
13liability under this Act of a defendant who, by any act or
14omission, caused or contributed to the release or threatened
15release of a hazardous substance which is the subject of the
16action relating to the facility.
17 (E)(i) Except as provided in clause (ii) of this
18subparagraph (E), a defendant who has acquired real property
19shall have established a rebuttable presumption against all
20State claims and a conclusive presumption against all private
21party claims that the defendant has made all appropriate
22inquiry within the meaning of subdivision (6)(B) of this
23subsection (j) if the defendant proves that immediately prior
24to or at the time of the acquisition:
25 (I) the defendant obtained a Phase I Environmental
26 Audit of the real property that meets or exceeds the

HB5597- 1272 -LRB098 15874 AMC 50917 b
1 requirements of this subparagraph (E), and the Phase I
2 Environmental Audit did not disclose the presence or likely
3 presence of a release or a substantial threat of a release
4 of a hazardous substance or pesticide at, on, to, or from
5 the real property; or
6 (II) the defendant obtained a Phase II Environmental
7 Audit of the real property that meets or exceeds the
8 requirements of this subparagraph (E), and the Phase II
9 Environmental Audit did not disclose the presence or likely
10 presence of a release or a substantial threat of a release
11 of a hazardous substance or pesticide at, on, to, or from
12 the real property.
13 (ii) No presumption shall be created under clause (i) of
14this subparagraph (E), and a defendant shall be precluded from
15demonstrating that the defendant has made all appropriate
16inquiry within the meaning of subdivision (6)(B) of this
17subsection (j), if:
18 (I) the defendant fails to obtain all Environmental
19 Audits required under this subparagraph (E) or any such
20 Environmental Audit fails to meet or exceed the
21 requirements of this subparagraph (E);
22 (II) a Phase I Environmental Audit discloses the
23 presence or likely presence of a release or a substantial
24 threat of a release of a hazardous substance or pesticide
25 at, on, to, or from real property, and the defendant fails
26 to obtain a Phase II Environmental Audit;

HB5597- 1273 -LRB098 15874 AMC 50917 b
1 (III) a Phase II Environmental Audit discloses the
2 presence or likely presence of a release or a substantial
3 threat of a release of a hazardous substance or pesticide
4 at, on, to, or from the real property;
5 (IV) the defendant fails to maintain a written
6 compilation and explanatory summary report of the
7 information reviewed in the course of each Environmental
8 Audit under this subparagraph (E); or
9 (V) there is any evidence of fraud, material
10 concealment, or material misrepresentation by the
11 defendant of environmental conditions or of related
12 information discovered during the course of an
13 Environmental Audit.
14 (iii) For purposes of this subparagraph (E), the term
15"environmental professional" means an individual (other than a
16practicing attorney) who, through academic training,
17occupational experience, and reputation (such as engineers,
18industrial hygienists, or geologists) can objectively conduct
19one or more aspects of an Environmental Audit and who either:
20 (I) maintains at the time of the Environmental Audit
21 and for at least one year thereafter at least $500,000 of
22 environmental consultants' professional liability
23 insurance coverage issued by an insurance company licensed
24 to do business in Illinois; or
25 (II) is an Illinois licensed professional engineer or a
26 Certified Industrial Hygienist certified by the American

HB5597- 1274 -LRB098 15874 AMC 50917 b
1 Board of Industrial Hygiene.
2 An environmental professional may employ persons who are
3not environmental professionals to assist in the preparation of
4an Environmental Audit if such persons are under the direct
5supervision and control of the environmental professional.
6 (iv) For purposes of this subparagraph (E), the term "real
7property" means any interest in any parcel of land, and
8includes, but is not limited to, buildings, fixtures, and
9improvements.
10 (v) For purposes of this subparagraph (E), the term "Phase
11I Environmental Audit" means an investigation of real property,
12conducted by environmental professionals, to discover the
13presence or likely presence of a release or a substantial
14threat of a release of a hazardous substance or pesticide at,
15on, to, or from real property, and whether a release or a
16substantial threat of a release of a hazardous substance or
17pesticide has occurred or may occur at, on, to, or from the
18real property. Until such time as the United States
19Environmental Protection Agency establishes standards for
20making appropriate inquiry into the previous ownership and uses
21of the facility pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii), the
22investigation shall comply with the procedures of the American
23Society for Testing and Materials, including the document known
24as Standard E1527-97, entitled "Standard Procedures for
25Environmental Site Assessment: Phase 1 Environmental Site
26Assessment Process". Upon their adoption, the standards

HB5597- 1275 -LRB098 15874 AMC 50917 b
1promulgated by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii)
2shall govern the performance of Phase I Environmental Audits.
3In addition to the above requirements, the Phase I
4Environmental Audit shall include a review of recorded land
5title records for the purpose of determining whether the real
6property is subject to an environmental land use restriction
7such as a No Further Remediation Letter, Environmental Land Use
8Control, or Highway Authority Agreement.
9 (vi) For purposes of subparagraph (E), the term "Phase II
10Environmental Audit" means an investigation of real property,
11conducted by environmental professionals, subsequent to a
12Phase I Environmental Audit. If the Phase I Environmental Audit
13discloses the presence or likely presence of a hazardous
14substance or a pesticide or a release or a substantial threat
15of a release of a hazardous substance or pesticide:
16 (I) In or to soil, the defendant, as part of the Phase
17 II Environmental Audit, shall perform a series of soil
18 borings sufficient to determine whether there is a presence
19 or likely presence of a hazardous substance or pesticide
20 and whether there is or has been a release or a substantial
21 threat of a release of a hazardous substance or pesticide
22 at, on, to, or from the real property.
23 (II) In or to groundwater, the defendant, as part of
24 the Phase II Environmental Audit, shall: review
25 information regarding local geology, water well locations,
26 and locations of waters of the State as may be obtained

HB5597- 1276 -LRB098 15874 AMC 50917 b
1 from State, federal, and local government records,
2 including but not limited to the United States Geological
3 Survey, the State Geological Survey of the University of
4 Illinois, and the State Water Survey of the University of
5 Illinois; and perform groundwater monitoring sufficient to
6 determine whether there is a presence or likely presence of
7 a hazardous substance or pesticide, and whether there is or
8 has been a release or a substantial threat of a release of
9 a hazardous substance or pesticide at, on, to, or from the
10 real property.
11 (III) On or to media other than soil or groundwater,
12 the defendant, as part of the Phase II Environmental Audit,
13 shall perform an investigation sufficient to determine
14 whether there is a presence or likely presence of a
15 hazardous substance or pesticide, and whether there is or
16 has been a release or a substantial threat of a release of
17 a hazardous substance or pesticide at, on, to, or from the
18 real property.
19 (vii) The findings of each Environmental Audit prepared
20under this subparagraph (E) shall be set forth in a written
21audit report. Each audit report shall contain an affirmation by
22the defendant and by each environmental professional who
23prepared the Environmental Audit that the facts stated in the
24report are true and are made under a penalty of perjury as
25defined in Section 32-2 of the Criminal Code of 2012. It is
26perjury for any person to sign an audit report that contains a

HB5597- 1277 -LRB098 15874 AMC 50917 b
1false material statement that the person does not believe to be
2true.
3 (viii) The Agency is not required to review, approve, or
4certify the results of any Environmental Audit. The performance
5of an Environmental Audit shall in no way entitle a defendant
6to a presumption of Agency approval or certification of the
7results of the Environmental Audit.
8 The presence or absence of a disclosure document prepared
9under the Responsible Property Transfer Act of 1988 shall not
10be a defense under this Act and shall not satisfy the
11requirements of subdivision (6)(A) of this subsection (j).
12 (7) No person shall be liable under this Section for
13response costs or damages as the result of a pesticide release
14if the Agency has found that a pesticide release occurred based
15on a Health Advisory issued by the U.S. Environmental
16Protection Agency or an action level developed by the Agency,
17unless the Agency notified the manufacturer of the pesticide
18and provided an opportunity of not less than 30 days for the
19manufacturer to comment on the technical and scientific
20justification supporting the Health Advisory or action level.
21 (8) No person shall be liable under this Section for
22response costs or damages as the result of a pesticide release
23that occurs in the course of a farm pesticide collection
24program operated under Section 19.1 of the Illinois Pesticide
25Act, unless the release results from gross negligence or
26intentional misconduct.

HB5597- 1278 -LRB098 15874 AMC 50917 b
1 (k) If any person who is liable for a release or
2substantial threat of release of a hazardous substance or
3pesticide fails without sufficient cause to provide removal or
4remedial action upon or in accordance with a notice and request
5by the Agency or upon or in accordance with any order of the
6Board or any court, such person may be liable to the State for
7punitive damages in an amount at least equal to, and not more
8than 3 times, the amount of any costs incurred by the State of
9Illinois as a result of such failure to take such removal or
10remedial action. The punitive damages imposed by the Board
11shall be in addition to any costs recovered from such person
12pursuant to this Section and in addition to any other penalty
13or relief provided by this Act or any other law.
14 Any monies received by the State pursuant to this
15subsection (k) shall be deposited in the Hazardous Waste Fund.
16 (l) Beginning January 1, 1988, and prior to January 1,
172013, the Agency shall annually collect a $250 fee for each
18Special Waste Hauling Permit Application and, in addition,
19shall collect a fee of $20 for each waste hauling vehicle
20identified in the annual permit application and for each
21vehicle which is added to the permit during the annual period.
22Beginning January 1, 2013, the Agency shall issue 3-year
23Special Waste Hauling Permits instead of annual Special Waste
24Hauling Permits and shall collect a $750 fee for each Special
25Waste Hauling Permit Application. In addition, beginning
26January 1, 2013, the Agency shall collect a fee of $60 for each

HB5597- 1279 -LRB098 15874 AMC 50917 b
1waste hauling vehicle identified in the permit application and
2for each vehicle that is added to the permit during the 3-year
3period. The Agency shall deposit 85% of such fees collected
4under this subsection in the State Treasury to the credit of
5the Hazardous Waste Research Fund; and shall deposit the
6remaining 15% of such fees collected in the State Treasury to
7the credit of the Environmental Protection Permit and
8Inspection Fund. The majority of such receipts which are
9deposited in the Hazardous Waste Research Fund pursuant to this
10subsection shall be used by the University of Illinois for
11activities which relate to the protection of underground
12waters.
13 (l-5) (Blank).
14 (m) (Blank).
15 (n) (Blank).
16(Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12;
1797-1150, eff. 1-25-13; 98-78, eff. 7-15-13; revised 9-19-13.)
18 (415 ILCS 5/58.16)
19 Sec. 58.16. Construction of school; requirements. This
20Section applies only to counties with a population of more than
213,000,000. In this Section, "school" means any public school
22located in whole or in part in a county with a population of
23more than 3,000,000. No person shall commence construction on
24real property of a building intended for use as a school
25unless:

HB5597- 1280 -LRB098 15874 AMC 50917 b
1 (1) a Phase I 1 Environmental Audit, conducted in
2 accordance with Section 22.2 of this Act, is obtained;
3 (2) if the Phase I 1 Environmental Audit discloses the
4 presence or likely presence of a release or a substantial
5 threat of a release of a regulated substance at, on, to, or
6 from the real property, a Phase II Environmental Audit,
7 conducted in accordance with Section 22.2 of this Act, is
8 obtained; and
9 (3) if the Phase II Environmental Audit discloses the
10 presence or likely presence of a release or a substantial
11 threat of a release of a regulated substance at, on, to, or
12 from the real property: , and (i) the real property is
13 enrolled in the Site Remediation Program, and (ii) the
14 remedial action plan is approved by the Agency, if a
15 remedial action plan is required by Board regulations.
16 No person shall cause or allow any person to occupy a
17building intended to be used as a school for which a remedial
18action plan is required by Board regulations unless all work
19pursuant to the remedial action plan is completed.
20(Source: P.A. 91-442, eff. 1-1-00; 92-16, eff. 6-28-01; 92-151,
21eff. 7-24-01; revised 11-14-13.)
22 Section 595. The Illinois Pesticide Act is amended by
23changing Section 4 as follows:
24 (415 ILCS 60/4) (from Ch. 5, par. 804)

HB5597- 1281 -LRB098 15874 AMC 50917 b
1 Sec. 4. Definitions. As used in this Act:
2 1. "Director" means Director of the Illinois Department of
3Agriculture or his authorized representative.
4 2. "Active Ingredient" means any ingredient which will
5prevent, destroy, repel, control or mitigate a pest or which
6will act as a plant regulator, defoliant or desiccant.
7 3. "Adulterated" shall apply to any pesticide if the
8strength or purity is not within the standard of quality
9expressed on the labeling under which it is sold, distributed
10or used, including any substance which has been substituted
11wholly or in part for the pesticide as specified on the
12labeling under which it is sold, distributed or used, or if any
13valuable constituent of the pesticide has been wholly or in
14part abstracted.
15 4. "Agricultural Commodity" means produce of the land
16including but not limited to plants and plant parts, livestock
17and poultry and livestock or poultry products, seeds, sod,
18shrubs and other products of agricultural origin including the
19premises necessary to and used directly in agricultural
20production. Agricultural commodity also includes aquatic
21products as defined in the Aquaculture Development Act.
22 5. "Animal" means all vertebrate and invertebrate species
23including, but not limited to, man and other mammals, bird,
24fish, and shellfish.
25 6. "Beneficial Insects" means those insects which during
26their life cycle are effective pollinators of plants, predators

HB5597- 1282 -LRB098 15874 AMC 50917 b
1of pests or are otherwise beneficial.
2 7. "Certified applicator".
3 A. "Certified applicator" means any individual who is
4 certified under this Act to purchase, use, or supervise the
5 use of pesticides which are classified for restricted use.
6 B. "Private applicator" means a certified applicator
7 who purchases, uses, or supervises the use of any pesticide
8 classified for restricted use, for the purpose of producing
9 any agricultural commodity on property owned, rented, or
10 otherwise controlled by him or his employer, or applied to
11 other property if done without compensation other than
12 trading of personal services between no more than 2
13 producers of agricultural commodities.
14 C. "Licensed Commercial Applicator" means a certified
15 applicator, whether or not he is a private applicator with
16 respect to some uses, who owns or manages a business that
17 is engaged in applying pesticides, whether classified for
18 general or restricted use, for hire. The term also applies
19 to a certified applicator who uses or supervises the use of
20 pesticides, whether classified for general or restricted
21 use, for any purpose or on property of others excluding
22 those specified by subparagraphs 7 (B), (D), (E) of Section
23 4 of this Act.
24 D. "Commercial Not For Hire Applicator" means a
25 certified applicator who uses or supervises the use of
26 pesticides classified for general or restricted use for any

HB5597- 1283 -LRB098 15874 AMC 50917 b
1 purpose on property of an employer when such activity is a
2 requirement of the terms of employment and such application
3 of pesticides under this certification is limited to
4 property under the control of the employer only and
5 includes, but is not limited to, the use or supervision of
6 the use of pesticides in a greenhouse setting.
7 E. "Licensed Public Applicator" means a certified
8 applicator who uses or supervises the use of pesticides
9 classified for general or restricted use as an employee of
10 a state agency, municipality, or other duly constituted
11 governmental agency or unit.
12 8. "Defoliant" means any substance or combination of
13substances which cause leaves or foliage to drop from a plant
14with or without causing abscission.
15 9. "Desiccant" means any substance or combination of
16substances intended for artificially accelerating the drying
17of plant tissue.
18 10. "Device" means any instrument or contrivance, other
19than a firearm or equipment for application of pesticides when
20sold separately from pesticides, which is intended for
21trapping, repelling, destroying, or mitigating any pest, other
22than bacteria, virus, or other microorganisms on or living in
23man or other living animals.
24 11. "Distribute" means offer or hold for sale, sell,
25barter, ship, deliver for shipment, receive and then deliver,
26or offer to deliver pesticides, within the State.

HB5597- 1284 -LRB098 15874 AMC 50917 b
1 12. "Environment" includes water, air, land, and all plants
2and animals including man, living therein and the
3interrelationships which exist among these.
4 13. "Equipment" means any type of instruments and
5contrivances using motorized, mechanical or pressure power
6which is used to apply any pesticide, excluding pressurized
7hand-size household apparatus containing dilute ready to apply
8pesticide or used to apply household pesticides.
9 14. "FIFRA" means the "Federal Insecticide Fungicide
10Rodenticide Act", as amended.
11 15. "Fungi" means any non-chlorophyll bearing
12thallophytes, any non-chlorophyll bearing plant of a lower
13order than mosses or liverworts, as for example rust, smut,
14mildew, mold, yeast and bacteria, except those on or in living
15animals including man and those on or in processed foods,
16beverages or pharmaceuticals.
17 16. "Household Substance" means any pesticide customarily
18produced and distributed for use by individuals in or about the
19household.
20 17. "Imminent Hazard" means a situation which exists when
21continued use of a pesticide would likely result in
22unreasonable adverse effect on the environment or will involve
23unreasonable hazard to the survival of a species declared
24endangered by the U.S. Secretary of the Interior or to species
25declared to be protected by the Illinois Department of Natural
26Resources.

HB5597- 1285 -LRB098 15874 AMC 50917 b
1 18. "Inert Ingredient" means an ingredient which is not an
2active ingredient.
3 19. "Ingredient Statement" means a statement of the name
4and percentage of each active ingredient together with the
5total percentage of inert ingredients in a pesticide and for
6pesticides containing arsenic in any form, the ingredient
7statement shall include percentage of total and water soluble
8arsenic, each calculated as elemental arsenic. In the case of
9spray adjuvants the ingredient statement need contain only the
10names of the functioning agents and the total percent of those
11constituents ineffective as spray adjuvants.
12 20. "Insect" means any of the numerous small invertebrate
13animals generally having the body more or less obviously
14segmented for the most part belonging to the class Insects,
15comprised of six-legged, usually winged forms, as for example
16beetles, caterpillars, and flies. This definition encompasses
17other allied classes of arthropods whose members are wingless
18and usually have more than 6 legs as for example spiders,
19mites, ticks, centipedes, and millipedes.
20 21. "Label" means the written, printed or graphic matter on
21or attached to the pesticide or device or any of its containers
22or wrappings.
23 22. "Labeling" means the label and all other written,
24printed or graphic matter: (a) on the pesticide or device or
25any of its containers or wrappings, (b) accompanying the
26pesticide or device or referring to it in any other media used

HB5597- 1286 -LRB098 15874 AMC 50917 b
1to disseminate information to the public, (c) to which
2reference is made to the pesticide or device except when
3references are made to current official publications of the U.
4S. Environmental Protection Agency, Departments of
5Agriculture, Health, Education and Welfare or other Federal
6Government institutions, the state experiment station or
7colleges of agriculture or other similar state institution
8authorized to conduct research in the field of pesticides.
9 23. "Land" means all land and water area including
10airspace, and all plants, animals, structures, buildings,
11contrivances, and machinery appurtenant thereto or situated
12thereon, fixed or mobile, including any used for
13transportation.
14 24. "Licensed Operator" means a person employed to apply
15pesticides to the lands of others under the direction of a
16"licensed commercial applicator" or a "licensed public
17applicator" or a "licensed commercial not-for-hire
18applicator".
19 25. "Nematode" means invertebrate animals of the phylum
20nemathelminthes and class nematoda, also referred to as nemas
21or eelworms, which are unsegmented roundworms with elongated
22fusiform or sac-like bodies covered with cuticle and inhabiting
23soil, water, plants or plant parts.
24 26. "Permit" means a written statement issued by the
25Director or his authorized agent, authorizing certain acts of
26pesticide purchase or of pesticide use or application on an a

HB5597- 1287 -LRB098 15874 AMC 50917 b
1interim basis prior to normal certification, registration, or
2licensing.
3 27. "Person" means any individual, partnership,
4association, fiduciary, corporation, or any organized group of
5persons whether incorporated or not.
6 28. "Pest" means (a) any insect, rodent, nematode, fungus,
7weed, or (b) any other form of terrestrial or aquatic plant or
8animal life or virus, bacteria, or other microorganism,
9excluding virus, bacteria, or other microorganism on or in
10living animals including man, which the Director declares to be
11a pest.
12 29. "Pesticide" means any substance or mixture of
13substances intended for preventing, destroying, repelling, or
14mitigating any pest or any substance or mixture of substances
15intended for use as a plant regulator, defoliant or desiccant.
16 30. "Pesticide Dealer" means any person who distributes
17registered pesticides to the user.
18 31. "Plant Regulator" means any substance or mixture of
19substances intended through physiological action to affect the
20rate of growth or maturation or otherwise alter the behavior of
21ornamental or crop plants or the produce thereof. This does not
22include substances which are not intended as plant nutrient
23trace elements, nutritional chemicals, plant or seed
24inoculants or soil conditioners or amendments.
25 32. "Protect Health and Environment" means to guard against
26any unreasonable adverse effects on the environment.

HB5597- 1288 -LRB098 15874 AMC 50917 b
1 33. "Registrant" means person who has registered any
2pesticide pursuant to the provision of FIFRA and this Act.
3 34. "Restricted Use Pesticide" means any pesticide with one
4or more of its uses classified as restricted by order of the
5Administrator of USEPA.
6 35. "SLN Registration" means registration of a pesticide
7for use under conditions of special local need as defined by
8FIFRA.
9 36. "State Restricted Pesticide Use" means any pesticide
10use which the Director determines, subsequent to public
11hearing, that an additional restriction for that use is needed
12to prevent unreasonable adverse effects.
13 37. "Structural Pest" means any pests which attack and
14destroy buildings and other structures or which attack
15clothing, stored food, commodities stored at food
16manufacturing and processing facilities or manufactured and
17processed goods.
18 38. "Unreasonable Adverse Effects on the Environment"
19means the unreasonable risk to the environment, including man,
20from the use of any pesticide, when taking into account accrued
21benefits of as well as the economic, social, and environmental
22costs of its use.
23 39. "USEPA" means United States Environmental Protection
24Agency.
25 40. "Use inconsistent with the label" means to use a
26pesticide in a manner not consistent with the label

HB5597- 1289 -LRB098 15874 AMC 50917 b
1instruction, the definition adopted in FIFRA as interpreted by
2USEPA shall apply in Illinois.
3 41. "Weed" means any plant growing in a place where it is
4not wanted.
5 42. "Wildlife" means all living things, not human,
6domestic, or pests.
7 43. "Bulk pesticide" means any registered pesticide which
8is transported or held in an individual container in undivided
9quantities of greater than 55 U.S. gallons liquid measure or
10100 pounds net dry weight.
11 44. "Bulk repackaging" means the transfer of a registered
12pesticide from one bulk container (containing undivided
13quantities of greater than 100 U.S. gallons liquid measure or
14100 pounds net dry weight) to another bulk container
15(containing undivided quantities of greater than 100 U.S.
16gallons liquid measure or 100 pounds net dry weight) in an
17unaltered state in preparation for sale or distribution to
18another person.
19 45. "Business" means any individual, partnership,
20corporation or association engaged in a business operation for
21the purpose of selling or distributing pesticides or providing
22the service of application of pesticides in this State.
23 46. "Facility" means any building or structure and all real
24property contiguous thereto, including all equipment fixed
25thereon used for the operation of the business.
26 47. "Chemigation" means the application of a pesticide

HB5597- 1290 -LRB098 15874 AMC 50917 b
1through the systems or equipment employed for the primary
2purpose of irrigation of land and crops.
3 48. "Use" means any activity covered by the pesticide label
4including but not limited to application of pesticide, mixing
5and loading, storage of pesticides or pesticide containers,
6disposal of pesticides and pesticide containers and reentry
7into treated sites or areas.
8(Source: P.A. 92-113, eff. 7-20-01; revised 11-14-13.)
9 Section 600. The Firearm Owners Identification Card Act is
10amended by changing Section 8 as follows:
11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
12 Sec. 8. Grounds for denial and revocation. The Department
13of State Police has authority to deny an application for or to
14revoke and seize a Firearm Owner's Identification Card
15previously issued under this Act only if the Department finds
16that the applicant or the person to whom such card was issued
17is or was at the time of issuance:
18 (a) A person under 21 years of age who has been
19 convicted of a misdemeanor other than a traffic offense or
20 adjudged delinquent;
21 (b) A person under 21 years of age who does not have
22 the written consent of his parent or guardian to acquire
23 and possess firearms and firearm ammunition, or whose
24 parent or guardian has revoked such written consent, or

HB5597- 1291 -LRB098 15874 AMC 50917 b
1 where such parent or guardian does not qualify to have a
2 Firearm Owner's Identification Card;
3 (c) A person convicted of a felony under the laws of
4 this or any other jurisdiction;
5 (d) A person addicted to narcotics;
6 (e) A person who has been a patient of a mental health
7 facility within the past 5 years or a person who has been a
8 patient in a mental health facility more than 5 years ago
9 who has not received the certification required under
10 subsection (u) of this Section. An active law enforcement
11 officer employed by a unit of government who is denied,
12 revoked, or has his or her Firearm Owner's Identification
13 Card seized under this subsection (e) may obtain relief as
14 described in subsection (c-5) of Section 10 of this Act if
15 the officer did not act in a manner threatening to the
16 officer, another person, or the public as determined by the
17 treating clinical psychologist or physician, and the
18 officer seeks mental health treatment;
19 (f) A person whose mental condition is of such a nature
20 that it poses a clear and present danger to the applicant,
21 any other person or persons or the community;
22 (g) A person who is intellectually disabled;
23 (h) A person who intentionally makes a false statement
24 in the Firearm Owner's Identification Card application;
25 (i) An alien who is unlawfully present in the United
26 States under the laws of the United States;

HB5597- 1292 -LRB098 15874 AMC 50917 b
1 (i-5) An alien who has been admitted to the United
2 States under a non-immigrant visa (as that term is defined
3 in Section 101(a)(26) of the Immigration and Nationality
4 Act (8 U.S.C. 1101(a)(26))), except that this subsection
5 (i-5) does not apply to any alien who has been lawfully
6 admitted to the United States under a non-immigrant visa if
7 that alien is:
8 (1) admitted to the United States for lawful
9 hunting or sporting purposes;
10 (2) an official representative of a foreign
11 government who is:
12 (A) accredited to the United States Government
13 or the Government's mission to an international
14 organization having its headquarters in the United
15 States; or
16 (B) en route to or from another country to
17 which that alien is accredited;
18 (3) an official of a foreign government or
19 distinguished foreign visitor who has been so
20 designated by the Department of State;
21 (4) a foreign law enforcement officer of a friendly
22 foreign government entering the United States on
23 official business; or
24 (5) one who has received a waiver from the Attorney
25 General of the United States pursuant to 18 U.S.C.
26 922(y)(3);

HB5597- 1293 -LRB098 15874 AMC 50917 b
1 (j) (Blank);
2 (k) A person who has been convicted within the past 5
3 years of battery, assault, aggravated assault, violation
4 of an order of protection, or a substantially similar
5 offense in another jurisdiction, in which a firearm was
6 used or possessed;
7 (l) A person who has been convicted of domestic
8 battery, aggravated domestic battery, or a substantially
9 similar offense in another jurisdiction committed before,
10 on or after January 1, 2012 (the effective date of Public
11 Act 97-158). If the applicant or person who has been
12 previously issued a Firearm Owner's Identification Card
13 under this Act knowingly and intelligently waives the right
14 to have an offense described in this paragraph (l) tried by
15 a jury, and by guilty plea or otherwise, results in a
16 conviction for an offense in which a domestic relationship
17 is not a required element of the offense but in which a
18 determination of the applicability of 18 U.S.C. 922(g)(9)
19 is made under Section 112A-11.1 of the Code of Criminal
20 Procedure of 1963, an entry by the court of a judgment of
21 conviction for that offense shall be grounds for denying an
22 application for and for revoking and seizing a Firearm
23 Owner's Identification Card previously issued to the
24 person under this Act;
25 (m) (Blank);
26 (n) A person who is prohibited from acquiring or

HB5597- 1294 -LRB098 15874 AMC 50917 b
1 possessing firearms or firearm ammunition by any Illinois
2 State statute or by federal law;
3 (o) A minor subject to a petition filed under Section
4 5-520 of the Juvenile Court Act of 1987 alleging that the
5 minor is a delinquent minor for the commission of an
6 offense that if committed by an adult would be a felony;
7 (p) An adult who had been adjudicated a delinquent
8 minor under the Juvenile Court Act of 1987 for the
9 commission of an offense that if committed by an adult
10 would be a felony;
11 (q) A person who is not a resident of the State of
12 Illinois, except as provided in subsection (a-10) of
13 Section 4;
14 (r) A person who has been adjudicated as a mentally
15 disabled person;
16 (s) A person who has been found to be developmentally
17 disabled;
18 (t) A person involuntarily admitted into a mental
19 health facility; or
20 (u) A person who has had his or her Firearm Owner's
21 Identification Card revoked or denied under subsection (e)
22 of this Section or item (iv) of paragraph (2) of subsection
23 (a) of Section 4 of this Act because he or she was a
24 patient in a mental health facility as provided in item (2)
25 of subsection (e) of this Section, shall not be permitted
26 to obtain a Firearm Owner's Identification Card, after the

HB5597- 1295 -LRB098 15874 AMC 50917 b
1 5-year 5 year period has lapsed, unless he or she has
2 received a mental health evaluation by a physician,
3 clinical psychologist, or qualified examiner as those
4 terms are defined in the Mental Health and Developmental
5 Disabilities Code, and has received a certification that he
6 or she is not a clear and present danger to himself,
7 herself, or others. The physician, clinical psychologist,
8 or qualified examiner making the certification and his or
9 her employer shall not be held criminally, civilly, or
10 professionally liable for making or not making the
11 certification required under this subsection, except for
12 willful or wanton misconduct. This subsection does not
13 apply to a person whose firearm possession rights have been
14 restored through administrative or judicial action under
15 Section 10 or 11 of this Act. ; or
16 (v) Upon revocation of a person's Firearm Owner's
17Identification Card, the Department of State Police shall
18provide notice to the person and the person shall comply with
19Section 9.5 of this Act.
20(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
21eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
2298-63, eff. 7-9-13; 98-508, eff. 8-19-13; revised 9-24-13.)
23 Section 605. The Firearm Concealed Carry Act is amended by
24changing Sections 25, 35, 50, and 70 as follows:

HB5597- 1296 -LRB098 15874 AMC 50917 b
1 (430 ILCS 66/25)
2 Sec. 25. Qualifications for a license.
3 The Department shall issue a license to an applicant
4completing an application in accordance with Section 30 of this
5Act if the person:
6 (1) is at least 21 years of age;
7 (2) has a currently valid Firearm Owner's
8 Identification Card and at the time of application meets
9 the requirements for the issuance of a Firearm Owner's
10 Identification Card and is not prohibited under the Firearm
11 Owners Identification Card Act or federal law from
12 possessing or receiving a firearm;
13 (3) has not been convicted or found guilty in this
14 State or in any other state of:
15 (A) a misdemeanor involving the use or threat of
16 physical force or violence to any person within the 5
17 years preceding the date of the license application; or
18 (B) 2 or more violations related to driving while
19 under the influence of alcohol, other drug or drugs,
20 intoxicating compound or compounds, or any combination
21 thereof, within the 5 years preceding the date of the
22 license application; and
23 (4) is not the subject of a pending arrest warrant,
24 prosecution, or proceeding for an offense or action that
25 could lead to disqualification to own or possess a firearm;
26 (5) has not been in residential or court-ordered

HB5597- 1297 -LRB098 15874 AMC 50917 b
1 treatment for alcoholism, alcohol detoxification, or drug
2 treatment within the 5 years immediately preceding the date
3 of the license application; and
4 (6) has completed firearms training and any education
5 component required under Section 75 of this Act.
6(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
7 (430 ILCS 66/35)
8 Sec. 35. Investigation of the applicant.
9 The Department shall conduct a background check of the
10applicant to ensure compliance with the requirements of this
11Act and all federal, State, and local laws. The background
12check shall include a search of the following:
13 (1) the National Instant Criminal Background Check
14 System of the Federal Bureau of Investigation;
15 (2) all available state and local criminal history
16 record information files, including records of juvenile
17 adjudications;
18 (3) all available federal, state, and local records
19 regarding wanted persons;
20 (4) all available federal, state, and local records of
21 domestic violence restraining and protective orders;
22 (5) the files of the Department of Human Services
23 relating to mental health and developmental disabilities;
24 and
25 (6) all other available records of a federal, state, or

HB5597- 1298 -LRB098 15874 AMC 50917 b
1 local agency or other public entity in any jurisdiction
2 likely to contain information relevant to whether the
3 applicant is prohibited from purchasing, possessing, or
4 carrying a firearm under federal, state, or local law.
5 (7) Fingerprints collected under Section 30 shall be
6checked against the Department of State Police and Federal
7Bureau of Investigation criminal history record databases now
8and hereafter filed. The Department shall charge applicants a
9fee for conducting the criminal history records check, which
10shall be deposited in the State Police Services Fund and shall
11not exceed the actual cost of the records check.
12(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
13 (430 ILCS 66/50)
14 Sec. 50. License renewal. Applications for renewal of a
15license shall be made to the Department. A license shall be
16renewed for a period of 5 years upon receipt of a completed
17renewal application, completion of 3 hours of training required
18under Section 75 of this Act Section, payment of the applicable
19renewal fee, and completion of an investigation under Section
2035 of this Act. The renewal application shall contain the
21information required in Section 30 of this Act, except that the
22applicant need not resubmit a full set of fingerprints.
23(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
24 (430 ILCS 66/70)

HB5597- 1299 -LRB098 15874 AMC 50917 b
1 Sec. 70. Violations.
2 (a) A license issued or renewed under this Act shall be
3revoked if, at any time, the licensee is found to be ineligible
4for a license under this Act or the licensee no longer meets
5the eligibility requirements of the Firearm Owners
6Identification Card Act.
7 (b) A license shall be suspended if an order of protection,
8including an emergency order of protection, plenary order of
9protection, or interim order of protection under Article 112A
10of the Code of Criminal Procedure of 1963 or under the Illinois
11Domestic Violence Act of 1986, is issued against a licensee for
12the duration of the order, or if the Department is made aware
13of a similar order issued against the licensee in any other
14jurisdiction. If an order of protection is issued against a
15licensee, the licensee shall surrender the license, as
16applicable, to the court at the time the order is entered or to
17the law enforcement agency or entity serving process at the
18time the licensee is served the order. The court, law
19enforcement agency, or entity responsible for serving the order
20of protection shall notify the Department within 7 days and
21transmit the license to the Department.
22 (c) A license is invalid upon expiration of the license,
23unless the licensee has submitted an application to renew the
24license, and the applicant is otherwise eligible to possess a
25license under this Act.
26 (d) A licensee shall not carry a concealed firearm while

HB5597- 1300 -LRB098 15874 AMC 50917 b
1under the influence of alcohol, other drug or drugs,
2intoxicating compound or combination of compounds, or any
3combination thereof, under the standards set forth in
4subsection (a) of Section 11-501 of the Illinois Vehicle Code.
5 A licensee in violation of this subsection (d) shall be
6guilty of a Class A misdemeanor for a first or second violation
7and a Class 4 felony for a third violation. The Department may
8suspend a license for up to 6 months for a second violation and
9shall permanently revoke a license for a third violation.
10 (e) Except as otherwise provided, a licensee in violation
11of this Act shall be guilty of a Class B misdemeanor. A second
12or subsequent violation is a Class A misdemeanor. The
13Department may suspend a license for up to 6 months for a
14second violation and shall permanently revoke a license for 3
15or more violations of Section 65 of this Act. Any person
16convicted of a violation under this Section shall pay a $150
17fee to be deposited into the Mental Health Reporting Fund, plus
18any applicable court costs or fees.
19 (f) A licensee convicted or found guilty of a violation of
20this Act who has a valid license and is otherwise eligible to
21carry a concealed firearm shall only be subject to the
22penalties under this Section and shall not be subject to the
23penalties under Section 21-6, paragraph (4), (8), or (10) of
24subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
25of paragraph (3) of subsection (a) of Section 24-1.6 of the
26Criminal Code of 2012. Except as otherwise provided in this

HB5597- 1301 -LRB098 15874 AMC 50917 b
1subsection, nothing in this subsection prohibits the licensee
2from being subjected to penalties for violations other than
3those specified in this Act.
4 (g) A licensee whose license is revoked, suspended, or
5denied shall, within 48 hours of receiving notice of the
6revocation, suspension, or denial, surrender his or her
7concealed carry license to the local law enforcement agency
8where the person resides. The local law enforcement agency
9shall provide the licensee a receipt and transmit the concealed
10carry license to the Department of State Police. If the
11licensee whose concealed carry license has been revoked,
12suspended, or denied fails to comply with the requirements of
13this subsection, the law enforcement agency where the person
14resides may petition the circuit court to issue a warrant to
15search for and seize the concealed carry license in the
16possession and under the custody or control of the licensee
17whose concealed carry license has been revoked, suspended, or
18denied. The observation of a concealed carry license in the
19possession of a person whose license has been revoked,
20suspended, or denied constitutes a sufficient basis for the
21arrest of that person for violation of this subsection. A
22violation of this subsection is a Class A misdemeanor.
23 (h) A license issued or renewed under this Act shall be
24revoked if, at any time, the licensee is found ineligible for a
25Firearm Owner's Identification Card, or the licensee no longer
26possesses a valid Firearm Owner's Identification Card. A

HB5597- 1302 -LRB098 15874 AMC 50917 b
1licensee whose license is revoked under this subsection (h)
2shall surrender his or her concealed carry license as provided
3for in subsection (g) of this Section.
4 This subsection shall not apply to a person who has filed
5an application with the State Police for renewal of a Firearm
6Owner's Identification Card and who is not otherwise ineligible
7to obtain a Firearm Owner's Identification Card.
8(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
9 Section 610. The Boiler and Pressure Vessel Safety Act is
10amended by changing Section 5 as follows:
11 (430 ILCS 75/5) (from Ch. 111 1/2, par. 3206)
12 Sec. 5. Exemptions.
13 (a) This Act shall not apply to the following boilers and
14pressure vessels:
15 (1) Boilers and pressure vessels under federal
16 regulations, except for boiler and pressure vessels in
17 nuclear facilities subject to Section 2a, and boilers and
18 pressure vessels located in cities of more than 500,000
19 inhabitants.
20 (2) Pressure vessels used for transportation and
21 storage of compressed or liquefied gases when constructed
22 in compliance with specifications of the Department of
23 Transportation and charged with gas or liquid, marked,
24 maintained, and periodically requalified for use, as

HB5597- 1303 -LRB098 15874 AMC 50917 b
1 required by appropriate regulations of the Department of
2 Transportation.
3 (3) Pressure vessels located on vehicles operating
4 under the rules of other State authorities and used for
5 carrying passengers or freight.
6 (4) Pressure vessels installed on the right of way of
7 railroads and used directly in the operation of trains.
8 (5) Boilers and pressure vessels under the inspection
9 jurisdiction of the Department of Natural Resources and
10 located on mine property.
11 (6) Boilers and pressure vessels located on farms and
12 used solely for agricultural purposes.
13 (7) Steam boilers of a miniature model locomotive,
14 boat, tractor, or stationary engine constructed and
15 maintained as a hobby and not for commercial use, that have
16 an inside diameter not exceeding 12 inches and a grate area
17 not exceeding 1 1/2 square feet, provided they are
18 constantly attended while in operation and are equipped
19 with a water level indicator, pressure gauge, and a safety
20 valve of adequate capacity.
21 (8) Pressure vessels regulated and inspected under the
22 Illinois Fertilizer Act of 1961.
23 (9) Pressure vessels containing liquefied liquified
24 petroleum gas regulated under the Liquefied Liquified
25 Petroleum Gas Regulation Act.
26 (b) The following boilers and pressure vessels shall be

HB5597- 1304 -LRB098 15874 AMC 50917 b
1exempt from the requirements of Sections 10, 11, 12, and 13 of
2this Act:
3 (1) Steam boilers used for heating purposes and
4 operated at a pressure not in excess of 15 pounds per
5 square inch gauge (psig) and having a rating not in excess
6 of 200,000 B.T.U. per hour input.
7 (2) Hot water heating boilers operated at a pressure
8 not in excess of 30 psig and having a rating not in excess
9 of 200,000 B.T.U. per hour.
10 (3) Boilers and pressure vessels, located in private
11 residences or in multi-family buildings having fewer than 6
12 dwelling units.
13 (4) Hot water supply boilers that are directly fired
14 with oil, gas, or electricity when none of the following
15 limitations are exceeded:
16 (A) Heat input of 200,000 BTU per hour.
17 (B) Water temperature of 200 degrees Fahrenheit.
18 (C) Nominal water containing capacity of 120 U.S.
19 gallons.
20 (5) Coil type hot water boilers where the water can
21 flash into steam when released directly to the atmosphere
22 through a manually operated nozzle provided the following
23 conditions are met:
24 (A) There is no drum, headers, or other steam
25 space.
26 (B) No steam is generated within the coil.

HB5597- 1305 -LRB098 15874 AMC 50917 b
1 (C) Outside diameter of tubing does not exceed 1
2 inch.
3 (D) Pipe size does not exceed 3/4 inch NPS.
4 (E) Water capacity of unit does not exceed 6 U.S.
5 gallons.
6 (F) Water temperature does not exceed 350 degrees
7 Fahrenheit.
8 (6) Pressure vessels containing only water under
9 pressure for domestic supply purposes, including those
10 containing air, the compression of which serves only a
11 cushion or airlift pumping function.
12 (7) Pressure vessels operated at a pressure not
13 exceeding 15 psig with no limitation on size.
14 (8) Pressure vessels that do not exceed:
15 (A) Both a volume of 15 cubic feet and 250 psig
16 when not located in a place of public assembly.
17 (B) Both a volume of 5 cubic and 250 psig when
18 located in a place of public assembly.
19 (C) A volume of 1 1/2 cubic feet or an inside
20 diameter of 6 inches with no limitation on pressure.
21 (9) Water conditioning equipment used for the removal
22 of minerals, chemicals, or organic or inorganic particles
23 from water by means other than application of heat
24 including, without limitation, water softeners, water
25 filters, dealkalizers, and demineralizers.
26 (10) Steam boilers of railroad locomotives and

HB5597- 1306 -LRB098 15874 AMC 50917 b
1 traction engines built prior to 1955 that were constructed
2 or operated in compliance with the Federal Locomotive
3 Inspection Law and are in the permanent collection of a
4 museum or historical association are exempt from the
5 requirements of subsection (c) of Section 10 upon proof of
6 such construction or inspection being furnished to the
7 Board.
8 (c) (Blank).
9(Source: P.A. 94-748, eff. 5-8-06; revised 11-12-13.)
10 Section 615. The Carnival and Amusement Rides Safety Act is
11amended by changing Sections 2-8.1, 2-12, and 2-15 as follows:
12 (430 ILCS 85/2-8.1)
13 Sec. 2-8.1. Suspension and revocation of permit to operate.
14 (a) The Department shall have the power to suspend or
15revoke an owner's permit for any good cause under the meaning
16and purpose of this Act. If a person whose permit has been
17suspended or revoked, or whose application for a permit has
18been denied, believes that the violation or condition
19justifying suspension, revocation, or denial of the permit does
20not exist, the person may apply to the Department for
21reconsideration through a hearing within 10 working days after
22the Department's action. A hearing shall be scheduled, unless
23otherwise mutually agreed by the parties, within 48 hours after
24the request for hearing.

HB5597- 1307 -LRB098 15874 AMC 50917 b
1 (b) Service of notice of a hearing shall be made by
2personal service or certified mail to the address shown on the
3application for permit, or to any other address on file with
4the Department and reasonably believed to be the current
5address of the permit holder.
6 (c) The written notice of a hearing shall specify the time,
7date, and location of the hearing and the reasons for the
8action proposed by the Department.
9 (d) At the hearing, the Department shall have the burden of
10establishing good cause for its action. Good cause exists if
11the Department establishes that the permit holder has failed to
12comply with the requirements of a permit under this Act and its
13rules.
14 (e) All hearings held under this Section shall comply with
15Article 10 of the Illinois Administrative Procedure Act and the
16Department's rules of procedure in administrative hearings,
17except that formal discovery, such as production requests,
18interrogatories, requests to admit, and depositions shall not
19be allowed. The parties shall exchange documents and witness
20lists prior to hearing and may request third party subpoenas to
21be issued.
22 (f) The final determination by the Department of Labor
23shall be rendered within 5 working days after the conclusion of
24the hearing.
25 (g) Final determinations made under this Section are
26subject to the Administrative Review Law.

HB5597- 1308 -LRB098 15874 AMC 50917 b
1(Source: P.A. 98-541, eff. 8-23-13; revised 11-14-13.)
2 (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
3 Sec. 2-12. Order for cessation of operation of amusement
4ride or attraction.
5 (a) The Department of Labor may order, in writing, a
6temporary and immediate cessation of operation of any amusement
7ride or amusement attraction if it:
8 (1) has been determined after inspection to be
9 hazardous or unsafe;
10 (2) is in operation before the Director has issued a
11 permit to operate such equipment; or
12 (3) the owner or operator is not in compliance with the
13 insurance requirements contained in Section 2-14 of this
14 Act and any rules or regulations adopted hereunder.
15 (b) Operation of the amusement ride or amusement attraction
16shall not resume until:
17 (1) the unsafe or hazardous condition is corrected to
18 the satisfaction of the Director or such inspector;
19 (2) the Director has issued a permit to operate such
20 equipment; or
21 (3) the owner or operator is in compliance with the
22 insurance requirements contained in Section 2-14 of this
23 Act and any rules or regulations adopted hereunder,
24 respectively.
25 (c) The Department shall notify the owner or operator in

HB5597- 1309 -LRB098 15874 AMC 50917 b
1writing of the grounds for the cessation of operation of the
2amusement ride or attraction and of the conditions in need of
3correction at the time the order for cessation is issued.
4 (d) The owner or operator may appeal an order of cessation
5by filing a request for a hearing. The Department shall afford
6the owner or operator 10 working days after the date of the
7notice to request a hearing. Upon written request for hearing,
8the Department shall schedule a formal administrative hearing
9in compliance with Article 10 of the Illinois Administrative
10Procedure Act and pursuant to the provisions of the
11Department's rules of procedure in administrative hearings,
12except that formal discovery, such as production requests,
13interrogatories, requests to admit, and depositions will not be
14allowed. The parties shall exchange documents and witness lists
15prior to hearing and may request third party subpoenas to be
16issued.
17 (e) The final determination by the Department of Labor
18shall be rendered within 5 working days after the conclusion of
19the hearing.
20 (f) The provisions of the Administrative Review Law shall
21apply to and govern all proceedings for the judicial review of
22a final determination under this Section.
23(Source: P.A. 98-541, eff. 8-23-13; revised 11-15-13.)
24 (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
25 Sec. 2-15. Penalties.

HB5597- 1310 -LRB098 15874 AMC 50917 b
1 (a) Criminal penalties.
2 1. Any person who operates an amusement ride or
3 amusement attraction at a carnival or fair without having
4 obtained a permit from the Department or who violates any
5 order or rule issued by the Department under this Act is
6 guilty of a Class A misdemeanor. Each day shall constitute
7 a separate and distinct offense.
8 2. Any person who interferes with, impedes, or
9 obstructs in any manner the Director or any authorized
10 representative of the Department in the performance of
11 their duties under this Act is guilty of a Class A
12 misdemeanor.
13 (b) Civil penalties. Unless otherwise provided in this Act,
14any person who operates an amusement ride or amusement
15attraction without having obtained a permit from the Department
16in violation of this Act is subject to a civil penalty not to
17exceed $2,500 per violation for a first violation and not to
18exceed $5,000 for a second or subsequent violation.
19 Prior to any determination, or the imposition of any civil
20penalty, under this subsection (b), the Department shall notify
21the operator in writing of the alleged violation. The
22Department shall afford the operator 10 working days after the
23date of the notice to request a hearing. Upon written request
24of the operator, the Department shall schedule a formal
25administrative hearing in compliance with Article 10 of the
26Illinois Administrative Procedure Act and the Department's

HB5597- 1311 -LRB098 15874 AMC 50917 b
1rules of procedure in administrative hearings, except that
2formal discovery, such as production requests,
3interrogatories, requests to admit, and depositions shall not
4be allowed. The parties shall exchange documents and witness
5lists prior to hearing and may request third party subpoenas to
6be issued. The final determination by the Department of Labor
7shall be rendered within 5 working days after the conclusion of
8the hearing. Final determinations made under this Section are
9subject to the provisions of the Administrative Review Law. In
10determining the amount of a penalty, the Director may consider
11the appropriateness of the penalty to the person or entity
12charged, upon determination of the gravity of the violation.
13The penalties, when finally determined, may be recovered in a
14civil action brought by the Director of Labor in any circuit
15court. In this litigation, the Director of Labor shall be
16represented by the Attorney General.
17(Source: P.A. 98-541, eff. 8-23-13; revised 11-15-13.)
18 Section 620. The Agricultural Production Contract Code is
19amended by changing Section 50 as follows:
20 (505 ILCS 17/50)
21 Sec. 50. Enforcement; offenses; remedies. The Attorney
22General is primarily responsible for enforcing this Act.
23 A violation of Section 20, 25, 30, or 35 is a business
24offense under the Unified Code of Corrections punishable by a

HB5597- 1312 -LRB098 15874 AMC 50917 b
1fine of not more than $10,000 per offense.
2 A producer may recover his or her actual damages for a
3contractor's violation of Section 40 or 45 of this Act.
4(Source: P.A. 93-522, eff. 1-1-05; 93-815, eff. 1-1-05; revised
511-14-13.)
6 Section 625. The Illinois AgriFIRST Program Act of 2001 is
7amended by changing Section 5 as follows:
8 (505 ILCS 19/5)
9 Sec. 5. Definitions. In this Act:
10 "Agribusiness" means any sole proprietorship, limited
11partnership, co-partnership, joint venture, corporation, or
12cooperative that operates or will operate a facility located
13within the State of Illinois that is related to the processing
14of agricultural commodities (including, but not limited to, the
15products of aquaculture, hydroponics, and silviculture) or the
16manufacturing, production, or construction of agricultural
17buildings, structures, equipment, implements, and supplies, or
18any other facilities or processes used in agricultural
19production. "Agribusiness" includes but is not limited to the
20following:
21 (1) grain handling and processing, including grain
22 storage, drying, treatment, conditioning, milling, and
23 packaging;
24 (2) seed and feed grain development and processing;

HB5597- 1313 -LRB098 15874 AMC 50917 b
1 (3) fruit and vegetable processing, including
2 preparation, canning, and packaging;
3 (4) processing of livestock and livestock products,
4 dairy products, poultry and poultry products, fish or
5 apiarian products, including slaughter, shearing,
6 collecting, preparation, canning, and packaging;
7 (5) fertilizer and agricultural chemical
8 manufacturing, processing, application and supplying;
9 (6) farm machinery, equipment, and implement
10 manufacturing and supplying;
11 (7) manufacturing and supplying of agricultural
12 commodity processing machinery and equipment, including
13 machinery and equipment used in slaughter, treatment,
14 handling, collecting, preparation, canning, or packaging
15 of agricultural commodities;
16 (8) farm building and farm structure manufacturing,
17 construction, and supplying;
18 (9) construction, manufacturing, implementation,
19 supplying, or servicing of irrigation, drainage, and soil
20 and water conservation devices or equipment;
21 (10) fuel processing and development facilities that
22 produce fuel from agricultural commodities or by-products;
23 (11) facilities and equipment for processing and
24 packaging agricultural commodities specifically for
25 export;
26 (12) facilities and equipment for forestry product

HB5597- 1314 -LRB098 15874 AMC 50917 b
1 processing and supplying, including sawmilling operations,
2 wood chip operations, timber harvesting operations, and
3 manufacturing of prefabricated buildings, paper,
4 furniture, or other goods from forestry products; and
5 (13) facilities and equipment for research and
6 development of products, processes, and equipment for the
7 production, processing, preparation, or packaging of
8 agricultural commodities and by-products.
9 "Agricultural facility" means land, any building or other
10improvement on or to land, and any personal properties deemed
11necessary or suitable for use, whether or not now in existence,
12in farming, ranching, the production of agricultural
13commodities (including, but not limited to, the products of
14aquaculture, hydroponics, and silviculture) or the treating,
15processing, or storing of agricultural commodities.
16 "Agricultural land" means land suitable for agriculture
17production.
18 "Asset" includes, but is not limited to, the following:
19cash crops or feed on hand; livestock held for sale; breeding
20stock; marketable bonds and securities; securities not readily
21marketable; accounts receivable; notes receivable; cash
22invested in growing crops; net cash value of life insurance;
23machinery and equipment; cars and trucks; farm and other real
24estate including life estates and personal residence; value of
25beneficial interest in trusts; government payments or grants;
26and any other assets.

HB5597- 1315 -LRB098 15874 AMC 50917 b
1 "Department" means the Department of Agriculture.
2 "Director" means the Director of Agriculture.
3 "Fund" means the Illinois AgriFIRST Program Fund.
4 "Grantee" means the person or entity to whom a grant is
5made to from the Fund.
6 "Lender" means any federal or State chartered bank, federal
7land bank, production credit association, bank for
8cooperatives, federal or state chartered savings and loan
9association or building and loan association, small business
10investment company, or any other institution qualified within
11this State to originate and service loans, including, but not
12limited to, insurance companies, credit unions, and mortgage
13loan companies. "Lender" includes a wholly owned subsidiary of
14a manufacturer, seller or distributor of goods or services that
15makes loans to businesses or individuals, commonly known as a
16"captive finance company".
17 "Liability" includes, but is not limited to, the following:
18accounts payable; notes or other indebtedness owed to any
19source; taxes; rent; amounts owed on real estate contracts or
20real estate mortgages; judgments; accrued interest payable;
21and any other liability.
22 "Person" means, unless limited to a natural person by the
23context in which it is used, a person, corporation,
24association, trust, partnership, limited partnership, joint
25venture, or cooperative.
26 "State" means the State of Illinois.

HB5597- 1316 -LRB098 15874 AMC 50917 b
1 "Value-added" means the processing, packaging, or
2otherwise enhancing the value of farm and agricultural products
3or by-products produced in Illinois.
4(Source: P.A. 92-346, eff. 8-14-01; revised 9-24-13.)
5 Section 630. The Illinois Fertilizer Act of 1961 is amended
6by changing Sections 3, 4, 6, and 12 as follows:
7 (505 ILCS 80/3) (from Ch. 5, par. 55.3)
8 Sec. 3. Definitions of words and terms. When used in this
9Act unless the context otherwise requires:
10 "AAPFCO" means the Association of American Plant Food
11Control Officials.
12 "Adulterated" shall apply to any fertilizer:
13 (i) that contains any deleterious or harmful
14 substance, defined under the provisions of this Act or its
15 rules or regulations, in sufficient amount to render it
16 injurious to beneficial plant life, animals, humans,
17 aquatic life, soil, or water when applied in accordance
18 with directions for use on the label;
19 (ii) when its composition falls below or differs from
20 that which it is purported to possess by its labeling;
21 (iii) that contains unwanted crop seed or weed seed.
22 "Anhydrous ammonia" means the compound formed by the
23combination of 2 gaseous elements, nitrogen and hydrogen, in
24the proportion of one part of nitrogen to 3 parts of hydrogen

HB5597- 1317 -LRB098 15874 AMC 50917 b
1(NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia
2gas in compressed and liquified form. It is not aqueous ammonia
3which is a solution of ammonia gas in water and which is
4considered a low-pressure nitrogen solution.
5 "Blender" means any entity or system engaged in the
6business of blending fertilizer. This includes both mobile and
7fixed equipment, excluding application equipment, used to
8achieve this function.
9 "Blending" means the physical mixing or combining of: one
10or more fertilizer materials and one or more filler materials;
112 or more fertilizer materials; 2 or more fertilizer materials
12and filler materials, including mixing through the
13simultaneous or sequential application of any of the outlined
14combinations listed in this definition, to produce a uniform
15mixture.
16 "Brand" means a term, design, or trademark used in
17connection with one or several grades of fertilizers.
18 "Bulk" means any fertilizer distributed in a single
19container greater than 100 pounds.
20 "Consumer or end user" means the final purchaser prior to
21application.
22 "Custom blend" means a fertilizer blended according to
23specifications provided to a blender in a soil test nutrient
24recommendation or to meet the specific consumer request prior
25to blending.
26 "Custom blender" means any entity who produces and sells

HB5597- 1318 -LRB098 15874 AMC 50917 b
1custom blended fertilizers.
2 "Deficiency" means the amount of nutrient found by analysis
3less than that guaranteed that may result from a lack of
4nutrient ingredients or from lack of uniformity.
5 "Department" means the Illinois Department of Agriculture.
6 "Department rules or regulations" means any rule or
7regulation implemented by the Department as authorized under
8Section 14 of this Act.
9 "Director" means the Director of Agriculture or a duly
10authorized representative.
11 "Distribute" means to import, consign, manufacture,
12produce, store, transport, custom blend, compound, or blend
13fertilizer or to transfer from one container to another for the
14purpose of selling, giving away, bartering, or otherwise
15supplying fertilizer in this State.
16 "Distributor" means any entity that who distributes
17fertilizer.
18 "Entity" means any individual, partnership, association,
19firm, or corporation.
20 "Fertilizer" means any substance containing one or more of
21the recognized plant nutrient nitrogen, phosphate, potash, or
22those defined under 8 Ill. Adm. Code 210.20 that is used for
23its plant nutrient content and that is designed for use or
24claimed to have value in promoting plant growth, except
25unmanipulated animal and vegetable manures, sea solids, marl,
26lime, limestone, wood ashes, and other products exempted by

HB5597- 1319 -LRB098 15874 AMC 50917 b
1regulation by the Director.
2 "Fertilizer material" means a fertilizer that either:
3 (A) contains important quantities of no more than one
4 of the primary plant nutrients: nitrogen (N), phosphate
5 (P2O5), and potash (K2O);
6 (B) has 85% or more of its plant nutrient content
7 present in the form of a single chemical compound; or
8 (C) is derived from a plant or animal residue or
9 by-product or natural material deposit that has been
10 processed in such a way that its content of plant nutrients
11 has not been materially changed except by purification and
12 concentration.
13 "Grade" means the minimum percentage of total nitrogen,
14available phosphate (P2O5), and soluble potash (K2O) stated in
15the whole numbers in the same terms, order, and percentages as
16in the guaranteed analysis, provided that specialty
17fertilizers may be guaranteed in fractional units of less than
181% of total nitrogen, available phosphate, and soluble potash
19and that fertilizer materials, bone meal, manures, and similar
20materials may be guaranteed in fractional units.
21 "Guaranteed analysis" means the minimum percentages of
22plant nutrients claimed in the following order and form:
23 A. Total Nitrogen (N)...............................%
24 Available Phosphate (P2O5).......................%
25 Soluble Potash (K2O).............................%
26 B. For unacidulated mineral phosphatic materials and

HB5597- 1320 -LRB098 15874 AMC 50917 b
1 basic slag, both total and available phosphate and the
2 degree of fineness. For bone, tankage, and other organic
3 phosphatic materials, total phosphate.
4 C. Guarantees for plant nutrients other than nitrogen,
5 phosphate, and potash may be permitted or required by
6 regulation by the Director. The guarantees for such other
7 nutrients shall be expressed in the form of the element.
8 "Investigational allowance" means an allowance for
9variations inherent in the taking, preparation, and analysis of
10an official sample of fertilizer.
11 "Label" means the display of all written, printed, or
12graphic matter upon the immediate container or a statement
13accompanying a fertilizer.
14 "Labeling" means all (i) written, printed, or graphic
15matter upon or accompanying any fertilizer or (ii)
16advertisements, Internet, brochures, posters, and television
17and radio announcements used in promoting the sale of
18fertilizer.
19 "Lot" means an identifiable quantity of fertilizer that can
20be sampled according to AOAC International procedures, such as
21the amount contained in a single vehicle, the amount delivered
22under a single invoice, or in the case of bagged fertilizer,
23not more than 25 tons.
24 "Low-pressure nitrogen solution" means a solution
25containing 2 per cent or more by weight of free ammonia and/or
26having vapor pressure of 5 pounds or more per square inch gauge

HB5597- 1321 -LRB098 15874 AMC 50917 b
1at 104 degrees Fahrenheit 104° F.
2 "Misbranded" shall apply to any fertilizer:
3 (i) with labeling that is false or misleading in any
4 particular;
5 (ii) that is distributed under the name of another
6 fertilizer product;
7 (iii) that is not labeled as required by this Act or
8 its rules; or
9 (iv) that which purports to be or is represented as a
10 fertilizer, or is represented as containing a plant
11 nutrient or fertilizer unless such plant nutrient or
12 fertilizer conforms to the definition of identity, if any,
13 prescribed by regulation.
14 "Mixed fertilizer" means any combination or mixture of
15fertilizer materials designed for use or claimed to have value
16in promoting plant growth.
17 "NREC" means the Nutrient Research and Education Council.
18 "Official sample" means any sample of fertilizer taken by
19the Director or his or her agent and designated as official by
20the Director.
21 "Per cent" or "percentage" means the percentage by weight.
22 "Registrant" means the entity that who registers
23fertilizer and obtains a license under the provisions of this
24Act.
25 "Specialty fertilizer" means a fertilizer distributed
26primarily for nonfarm use, such as home gardens, lawns,

HB5597- 1322 -LRB098 15874 AMC 50917 b
1shrubbery, flowers, golf courses, municipal parks, cemeteries,
2green houses and nurseries, and may include fertilizer used for
3research or experimental purposes.
4 "Ton" means a net weight of 2,000 pounds avoirdupois.
5 "Unit" means 20 pounds or 1% of a ton of plant nutrient.
6(Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
7 (505 ILCS 80/4) (from Ch. 5, par. 55.4)
8 Sec. 4. License and product registration.
9 (a) Each brand and grade of fertilizer shall be registered
10by the entity whose name appears upon the label before being
11distributed in this State. The application for registration
12shall be submitted with a label or facsimile of same to the
13Director on forms furnished by the Director, and shall be
14accompanied by a fee of $20 per grade within a brand. Upon
15approval by the Director a copy of the registration shall be
16furnished to the applicant. All registrations expire on
17December 31 of each year.
18 The application shall include the following information:
19 (1) The net weight
20 (2) The brand and grade
21 (3) The guaranteed analysis
22 (4) The name and address of the registrant.
23 (a-5) No entity whose name appears on the label shall
24distribute a fertilizer in the State unless the entity has
25secured a license under this Act on forms provided by the

HB5597- 1323 -LRB098 15874 AMC 50917 b
1Director. The license application shall be accompanied by a fee
2of $100. Entities that who store anhydrous ammonia as a
3fertilizer, store bulk fertilizer, or custom blend a fertilizer
4at more than one site under the same entity's name shall list
5any and all additional sites with a complete address for each
6site and remit a license fee of $50 for each site identified.
7Entities performing lawn care applications for hire are exempt
8from obtaining a license under this Act. All licenses expire on
9December 31 of each year.
10 (b) A distributor shall not be required to register any
11brand of fertilizer or a custom blend which is already
12registered under this Act by another entity.
13 (c) The plant nutrient content of each and every fertilizer
14must remain uniform for the period of registration and, in no
15case, shall the percentage of any guaranteed plant nutrient
16element be changed in such a manner that the crop-producing
17quality of the fertilizer is lowered.
18 (d) (Blank).
19 (e) A custom blend, as defined in Section 3, prepared for
20one consumer or end user shall not be co-mingled with the
21custom blended fertilizer prepared for another consumer or end
22user.
23 (f) All fees collected pursuant to this Section shall be
24paid to the Fertilizer Control Fund for activities related to
25the administration and enforcement of this Act.
26(Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)

HB5597- 1324 -LRB098 15874 AMC 50917 b
1 (505 ILCS 80/6) (from Ch. 5, par. 55.6)
2 Sec. 6. Inspection fees.
3 (a) There shall be paid to the Director for all fertilizers
4distributed in this State an inspection fee at the rate of 25¢
5per ton with a minimum inspection fee of $15. Sales or
6exchanges between registrants are hereby exempted from the
7inspection fee.
8 On individual packages of fertilizers containing 5 pounds
9or less, or if in liquid form containers of 4,000 cubic
10centimeters or less, there shall be paid instead of the 25¢ per
11ton inspection fee, an annual inspection fee of $50 for each
12grade within a brand sold or distributed. Where an entity sells
13fertilizers in packages of 5 pounds or less, or 4,000 cubic
14centimeters or less if in liquid form, and also sells in larger
15packages than 5 pounds or liquid containers larger than 4,000
16cubic centimeters, this annual inspection fee of $50 applies
17only to that portion sold in packages of 5 pounds or less or
184,000 cubic centimeters or less, and that portion sold in
19larger packages or containers shall be subject to the same
20inspection fee of 25¢ per ton as provided in this Act.
21 (b) Every entity that who distributes a fertilizer, custom
22blend, or speciality fertilizer in this State shall file with
23the Director, on forms furnished by the Director, a semi-annual
24statement for the periods ending June 30 and December 31,
25setting forth the number of net tons of each grade of

HB5597- 1325 -LRB098 15874 AMC 50917 b
1fertilizers within a brand or the net tons of custom blend
2distributed. The report shall be due on or before the 30th day
3of the month following the close of each semi-annual period and
4upon the statement shall pay the inspection fee at the rate
5stated in paragraph (a) of this Section.
6 If the tonnage report is not filed and the payment of
7inspection fee is not made within 30 days after the end of the
8semi-annual period, a collection fee amounting to 15% (minimum
9$15) of the amount shall be assessed against the registrant.
10The amount of fees due shall constitute a debt and become the
11basis of a judgment against the registrant. Upon the written
12request to the Director additional time may be granted past the
13normal date of filing the semi-annual statement.
14 (c) When more than one entity is involved in the
15distribution of a fertilizer, the last registrant who
16distributes to the consumer or end user end-user is responsible
17for reporting the tonnage and paying the inspection fee.
18 (d) All fees collected under this Section shall be paid to
19the Fertilizer Control Fund for activities related to the
20administration and enforcement of this Act.
21(Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
22 (505 ILCS 80/12) (from Ch. 5, par. 55.12)
23 Sec. 12. Tonnage reports; records.
24 (a) Any entity distributing fertilizer to a consumer or end
25user end-user in this State shall provide the Director with a

HB5597- 1326 -LRB098 15874 AMC 50917 b
1summary report on or before the 10th day of each month covering
2the shipments made during the preceding month of tonnage on a
3form, provided by the Director, for that purpose.
4 Specialty fertilizer sold in packages weighing 5 pounds or
5less or in container of 4000 cubic centimeters or less, shall
6be reported but no inspection fee will be charged. No
7information furnished under this Section shall be disclosed by
8the Department in such a way as to divulge the operation of any
9entity.
10 (b) Each entity location engaged in the sale of ammonium
11nitrate shall obtain the following information upon its
12distribution:
13 (1) the date of distribution;
14 (2) the quantity purchased;
15 (3) the license number of the purchaser's valid State
16 or federal driver's license, or an equivalent number taken
17 from another form of picture identification approved for
18 purchaser identification by the Director; and
19 (4) the purchaser's name, current physical address,
20 and telephone number.
21 Any retailer of ammonium nitrate may refuse to sell
22ammonium nitrate to any person attempting to purchase ammonium
23nitrate (i) out of season, (ii) in unusual quantities, or (iii)
24under suspect purchase patterns.
25 (c) Records created under subsection (b) of this Section
26shall be maintained for a minimum of 2 years. Such records

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1shall be available for inspection, copying, and audit by the
2Department as provided under this Act.
3(Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
4 Section 635. The Animal Control Act is amended by changing
5Section 2 as follows:
6 (510 ILCS 5/2) (from Ch. 8, par. 352)
7 Sec. 2. As used in this Act, unless the context otherwise
8requires, the terms specified in the Sections following this
9Section and preceding Section 3 Sections 2.01 through 2.19 have
10the meanings ascribed to them in those Sections.
11(Source: P.A. 78-795; revised 11-18-13.)
12 Section 640. The Bees and Apiaries Act is amended by
13changing Section 2-1 as follows:
14 (510 ILCS 20/2-1)
15 Sec. 2-1. Nuisances. All bees, colonies, or items of bee
16equipment, where bee diseases, bee parasites or exotic strains
17of bees exist; or hives that cannot be readily inspected; or
18colonies that are not registered, are declared to be nuisances
19to be regulated as prescribed by the Department.
20 If the Department finds by inspection that any person is
21maintaining a nuisance as described in this Section, it shall
22proceed to regulate the nuisance by methods or procedures

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1deemed necessary for control in accordance with rules and
2regulations of the Department.
3 If the owner or beekeeper cannot be found or will not
4consent to the terms for regulation of the nuisance, the
5Department shall notify in writing the owner or beekeeper,
6disclose the fact that a nuisance exists, exits and prescribe
7the method by which the nuisance may be abated. The notice
8declaring that a nuisance exists and ordering its abatement
9shall include:
10 (1) a statement of conditions constituting the
11 nuisance;
12 (2) establishment of the time period within which the
13 nuisance is to be abated;
14 (3) directions, written or printed, pointing out the
15 methods that shall be employed to abate the nuisance;
16 (4) a statement of the consequences should the owner or
17 beekeeper fail to comply.
18 The notice may be served personally or by certified mail
19with a return receipt requested. The directions for abatement
20of a nuisance may consist of a printed circular, bulletin or
21report of the Department, the United States Department of
22Agriculture or others, or an extract from such document.
23 If the person so notified refuses or fails to abate the
24nuisance in the manner and in the time prescribed in the
25notice, the Department may cause the nuisance to be abated. The
26Department shall certify, to the owner or beekeeper, the cost

HB5597- 1329 -LRB098 15874 AMC 50917 b
1of the abatement. The owner or beekeeper shall pay to the
2Department any costs of that action, within 60 days after
3certification that the nuisance has been abated. If the costs
4of abatement are not remitted, the Department may recover the
5costs before any court in the State having competent
6jurisdiction.
7(Source: P.A. 88-138; revised 11-19-13.)
8 Section 645. The Wildlife Code is amended by changing
9Sections 1.2 and 2.33 as follows:
10 (520 ILCS 5/1.2) (from Ch. 61, par. 1.2)
11 Sec. 1.2. This Act shall be administered by and under the
12direction of the Department of Natural Resources. As used in
13this Act, unless the context otherwise requires, the terms
14specified in the Sections following this Section and preceding
15Section 1.3 Sections 1.2a through 1.2t have the meanings
16ascribed to them in those Sections.
17(Source: P.A. 89-445, eff. 2-7-96; revised 11-19-13.)
18 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
19 Sec. 2.33. Prohibitions.
20 (a) It is unlawful to carry or possess any gun in any State
21refuge unless otherwise permitted by administrative rule.
22 (b) It is unlawful to use or possess any snare or
23snare-like device, deadfall, net, or pit trap to take any

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1species, except that snares not powered by springs or other
2mechanical devices may be used to trap fur-bearing mammals, in
3water sets only, if at least one-half of the snare noose is
4located underwater at all times.
5 (c) It is unlawful for any person at any time to take a
6wild mammal protected by this Act from its den by means of any
7mechanical device, spade, or digging device or to use smoke or
8other gases to dislodge or remove such mammal except as
9provided in Section 2.37.
10 (d) It is unlawful to use a ferret or any other small
11mammal which is used in the same or similar manner for which
12ferrets are used for the purpose of frightening or driving any
13mammals from their dens or hiding places.
14 (e) (Blank).
15 (f) It is unlawful to use spears, gigs, hooks or any like
16device to take any species protected by this Act.
17 (g) It is unlawful to use poisons, chemicals or explosives
18for the purpose of taking any species protected by this Act.
19 (h) It is unlawful to hunt adjacent to or near any peat,
20grass, brush or other inflammable substance when it is burning.
21 (i) It is unlawful to take, pursue or intentionally harass
22or disturb in any manner any wild birds or mammals by use or
23aid of any vehicle or conveyance, except as permitted by the
24Code of Federal Regulations for the taking of waterfowl. It is
25also unlawful to use the lights of any vehicle or conveyance or
26any light from or any light connected to the vehicle or

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1conveyance in any area where wildlife may be found except in
2accordance with Section 2.37 of this Act; however, nothing in
3this Section shall prohibit the normal use of headlamps for the
4purpose of driving upon a roadway. Striped skunk, opossum, red
5fox, gray fox, raccoon and coyote may be taken during the open
6season by use of a small light which is worn on the body or
7hand-held by a person on foot and not in any vehicle.
8 (j) It is unlawful to use any shotgun larger than 10 gauge
9while taking or attempting to take any of the species protected
10by this Act.
11 (k) It is unlawful to use or possess in the field any
12shotgun shell loaded with a shot size larger than lead BB or
13steel T (.20 diameter) when taking or attempting to take any
14species of wild game mammals (excluding white-tailed deer),
15wild game birds, migratory waterfowl or migratory game birds
16protected by this Act, except white-tailed deer as provided for
17in Section 2.26 and other species as provided for by subsection
18(l) or administrative rule.
19 (l) It is unlawful to take any species of wild game, except
20white-tailed deer and fur-bearing mammals, with a shotgun
21loaded with slugs unless otherwise provided for by
22administrative rule.
23 (m) It is unlawful to use any shotgun capable of holding
24more than 3 shells in the magazine or chamber combined, except
25on game breeding and hunting preserve areas licensed under
26Section 3.27 and except as permitted by the Code of Federal

HB5597- 1332 -LRB098 15874 AMC 50917 b
1Regulations for the taking of waterfowl. If the shotgun is
2capable of holding more than 3 shells, it shall, while being
3used on an area other than a game breeding and shooting
4preserve area licensed pursuant to Section 3.27, be fitted with
5a one piece plug that is irremovable without dismantling the
6shotgun or otherwise altered to render it incapable of holding
7more than 3 shells in the magazine and chamber, combined.
8 (n) It is unlawful for any person, except persons who
9possess a permit to hunt from a vehicle as provided in this
10Section and persons otherwise permitted by law, to have or
11carry any gun in or on any vehicle, conveyance or aircraft,
12unless such gun is unloaded and enclosed in a case, except that
13at field trials authorized by Section 2.34 of this Act,
14unloaded guns or guns loaded with blank cartridges only, may be
15carried on horseback while not contained in a case, or to have
16or carry any bow or arrow device in or on any vehicle unless
17such bow or arrow device is unstrung or enclosed in a case, or
18otherwise made inoperable.
19 (o) It is unlawful to use any crossbow for the purpose of
20taking any wild birds or mammals, except as provided for in
21Section 2.5.
22 (p) It is unlawful to take game birds, migratory game birds
23or migratory waterfowl with a rifle, pistol, revolver or
24airgun.
25 (q) It is unlawful to fire a rifle, pistol, revolver or
26airgun on, over or into any waters of this State, including

HB5597- 1333 -LRB098 15874 AMC 50917 b
1frozen waters.
2 (r) It is unlawful to discharge any gun or bow and arrow
3device along, upon, across, or from any public right-of-way or
4highway in this State.
5 (s) It is unlawful to use a silencer or other device to
6muffle or mute the sound of the explosion or report resulting
7from the firing of any gun.
8 (t) It is unlawful for any person to take or attempt to
9take any species of wildlife or parts thereof, intentionally or
10wantonly allow a dog to hunt, within or upon the land of
11another, or upon waters flowing over or standing on the land of
12another, or to knowingly shoot a gun or bow and arrow device at
13any wildlife physically on or flying over the property of
14another without first obtaining permission from the owner or
15the owner's designee. For the purposes of this Section, the
16owner's designee means anyone who the owner designates in a
17written authorization and the authorization must contain (i)
18the legal or common description of property for such authority
19is given, (ii) the extent that the owner's designee is
20authorized to make decisions regarding who is allowed to take
21or attempt to take any species of wildlife or parts thereof,
22and (iii) the owner's notarized signature. Before enforcing
23this Section the law enforcement officer must have received
24notice from the owner or the owner's designee of a violation of
25this Section. Statements made to the law enforcement officer
26regarding this notice shall not be rendered inadmissible by the

HB5597- 1334 -LRB098 15874 AMC 50917 b
1hearsay rule when offered for the purpose of showing the
2required notice.
3 (u) It is unlawful for any person to discharge any firearm
4for the purpose of taking any of the species protected by this
5Act, or hunt with gun or dog, or intentionally or wantonly
6allow a dog to hunt, within 300 yards of an inhabited dwelling
7without first obtaining permission from the owner or tenant,
8except that while trapping, hunting with bow and arrow, hunting
9with dog and shotgun using shot shells only, or hunting with
10shotgun using shot shells only, or on licensed game breeding
11and hunting preserve areas, as defined in Section 3.27, on
12property operated under a Migratory Waterfowl Hunting Area
13Permit, on federally owned and managed lands and on Department
14owned, managed, leased or controlled lands, a 100 yard
15restriction shall apply.
16 (v) It is unlawful for any person to remove fur-bearing
17mammals from, or to move or disturb in any manner, the traps
18owned by another person without written authorization of the
19owner to do so.
20 (w) It is unlawful for any owner of a dog to knowingly or
21wantonly allow his or her dog to pursue, harass or kill deer,
22except that nothing in this Section shall prohibit the tracking
23of wounded deer with a dog in accordance with the provisions of
24Section 2.26 of this Code.
25 (x) It is unlawful for any person to wantonly or carelessly
26injure or destroy, in any manner whatsoever, any real or

HB5597- 1335 -LRB098 15874 AMC 50917 b
1personal property on the land of another while engaged in
2hunting or trapping thereon.
3 (y) It is unlawful to hunt wild game protected by this Act
4between one half hour after sunset and one half hour before
5sunrise, except that hunting hours between one half hour after
6sunset and one half hour before sunrise may be established by
7administrative rule for fur-bearing mammals.
8 (z) It is unlawful to take any game bird (excluding wild
9turkeys and crippled pheasants not capable of normal flight and
10otherwise irretrievable) protected by this Act when not flying.
11Nothing in this Section shall prohibit a person from carrying
12an uncased, unloaded shotgun in a boat, while in pursuit of a
13crippled migratory waterfowl that is incapable of normal
14flight, for the purpose of attempting to reduce the migratory
15waterfowl to possession, provided that the attempt is made
16immediately upon downing the migratory waterfowl and is done
17within 400 yards of the blind from which the migratory
18waterfowl was downed. This exception shall apply only to
19migratory game birds that are not capable of normal flight.
20Migratory waterfowl that are crippled may be taken only with a
21shotgun as regulated by subsection (j) of this Section using
22shotgun shells as regulated in subsection (k) of this Section.
23 (aa) It is unlawful to use or possess any device that may
24be used for tree climbing or cutting, while hunting fur-bearing
25mammals, excluding coyotes.
26 (bb) It is unlawful for any person, except licensed game

HB5597- 1336 -LRB098 15874 AMC 50917 b
1breeders, pursuant to Section 2.29 to import, carry into, or
2possess alive in this State any species of wildlife taken
3outside of this State, without obtaining permission to do so
4from the Director.
5 (cc) It is unlawful for any person to have in his or her
6possession any freshly killed species protected by this Act
7during the season closed for taking.
8 (dd) It is unlawful to take any species protected by this
9Act and retain it alive except as provided by administrative
10rule.
11 (ee) It is unlawful to possess any rifle while in the field
12during gun deer season except as provided in Section 2.26 and
13administrative rules.
14 (ff) It is unlawful for any person to take any species
15protected by this Act, except migratory waterfowl, during the
16gun deer hunting season in those counties open to gun deer
17hunting, unless he or she wears, when in the field, a cap and
18upper outer garment of a solid blaze orange color, with such
19articles of clothing displaying a minimum of 400 square inches
20of blaze orange material.
21 (gg) It is unlawful during the upland game season for any
22person to take upland game with a firearm unless he or she
23wears, while in the field, a cap of solid blaze orange color.
24For purposes of this Act, upland game is defined as Bobwhite
25Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
26Cottontail and Swamp Rabbit.

HB5597- 1337 -LRB098 15874 AMC 50917 b
1 (hh) It shall be unlawful to kill or cripple any species
2protected by this Act for which there is a bag limit without
3making a reasonable effort to retrieve such species and include
4such in the bag limit. It shall be unlawful for any person
5having control over harvested game mammals, game birds, or
6migratory game birds for which there is a bag limit to wantonly
7waste or destroy the usable meat of the game, except this shall
8not apply to wildlife taken under Sections 2.37 or 3.22 of this
9Code. For purposes of this subsection, "usable meat" means the
10breast meat of a game bird or migratory game bird and the hind
11ham and front shoulders of a game mammal. It shall be unlawful
12for any person to place, leave, dump, or abandon a wildlife
13carcass or parts of it along or upon a public right-of-way or
14highway or on public or private property, including a waterway
15or stream, without the permission of the owner or tenant. It
16shall not be unlawful to discard game meat that is determined
17to be unfit for human consumption.
18 (ii) This Section shall apply only to those species
19protected by this Act taken within the State. Any species or
20any parts thereof, legally taken in and transported from other
21states or countries, may be possessed within the State, except
22as provided in this Section and Sections 2.35, 2.36 and 3.21.
23 (jj) (Blank).
24 (kk) Nothing contained in this Section shall prohibit the
25Director from issuing permits to paraplegics or to other
26disabled persons who meet the requirements set forth in

HB5597- 1338 -LRB098 15874 AMC 50917 b
1administrative rule to shoot or hunt from a vehicle as provided
2by that rule, provided that such is otherwise in accord with
3this Act.
4 (ll) Nothing contained in this Act shall prohibit the
5taking of aquatic life protected by the Fish and Aquatic Life
6Code or birds and mammals protected by this Act, except deer
7and fur-bearing mammals, from a boat not camouflaged or
8disguised to alter its identity or to further provide a place
9of concealment and not propelled by sail or mechanical power.
10However, only shotguns not larger than 10 gauge nor smaller
11than .410 bore loaded with not more than 3 shells of a shot
12size no larger than lead BB or steel T (.20 diameter) may be
13used to take species protected by this Act.
14 (mm) Nothing contained in this Act shall prohibit the use
15of a shotgun, not larger than 10 gauge nor smaller than a 20
16gauge, with a rifled barrel.
17 (nn) It shall be unlawful to possess any species of
18wildlife or wildlife parts taken unlawfully in Illinois, any
19other state, or any other country, whether or not the wildlife
20or wildlife parts is indigenous to Illinois. For the purposes
21of this subsection, the statute of limitations for unlawful
22possession of wildlife or wildlife parts shall not cease until
232 years after the possession has permanently ended.
24(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
2598-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
2698-290, eff. 8-9-13; revised 9-24-13.)

HB5597- 1339 -LRB098 15874 AMC 50917 b
1 Section 650. The Open Space Lands Acquisition and
2Development Act is amended by changing Section 3 as follows:
3 (525 ILCS 35/3) (from Ch. 85, par. 2103)
4 Sec. 3. From appropriations made from the Capital
5Development Fund, Build Illinois Bond Fund or other available
6or designated funds for such purposes, the Department shall
7make grants to local governments as financial assistance for
8the capital development and improvement of park, recreation or
9conservation areas, marinas and shorelines, including planning
10and engineering costs, and for the acquisition of open space
11lands, including acquisition of easements and other property
12interests less than fee simple ownership if the Department
13determines that such property interests are sufficient to carry
14out the purposes of this Act, subject to the conditions and
15limitations set forth in this Act.
16 No more than 10% of the amount so appropriated for any
17fiscal year may be committed or expended on any one project
18described in an application under this Act.
19 Any grant under this Act to a local government shall be
20conditioned upon the state providing assistance on a 50/50
21matching basis for the acquisition of open space lands and for
22capital development and improvement proposals. However, a
23local government defined as "distressed" under criteria
24adopted by the Department through administrative rule shall be

HB5597- 1340 -LRB098 15874 AMC 50917 b
1eligible for assistance up to 90% for the acquisition of open
2space lands and for capital development and improvement
3proposals, provided that no more than 10% of the amount
4appropriated under this Act in any fiscal year is made
5available as grants to distressed local governments.
6 A minimum of 50% of any grant made to a unit of local
7government under this Act must be paid to the unit of local
8government at the time the Department awards the grant. The
9remainder of the grant shall be distributed to the local
10government quarterly on a reimbursement basis.
11(Source: P.A. 98-326, eff. 8-12-13; 98-520, eff. 8-23-13;
12revised 9-19-13.)
13 Section 655. The Illinois Highway Code is amended by
14renumbering Section 223 as follows:
15 (605 ILCS 5/4-223)
16 Sec. 4-223 223. Electric vehicle charging stations. By
17January 1, 2016 or as soon thereafter as possible, the
18Department may provide for at least one electric vehicle
19charging station at each Interstate highway rest area where
20electrical service will reasonably permit and if these stations
21and charging user fees at these stations are allowed by federal
22regulations.
23 The Department may adopt and publish specifications
24detailing the kind and type of electric vehicle charging

HB5597- 1341 -LRB098 15874 AMC 50917 b
1station to be provided and may adopt rules governing the place
2of erection, user fees, and maintenance of electric vehicle
3charging stations.
4(Source: P.A. 98-442, eff. 1-1-14; revised 9-17-13.)
5 Section 660. The Illinois Aeronautics Act is amended by
6changing Section 43d as follows:
7 (620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
8 Sec. 43d. Intoxicated persons in or about aircraft.
9 (a) No person shall:
10 (1) Operate or attempt to operate any aircraft in this
11 State while under the influence of intoxicating liquor or
12 any narcotic drug or other controlled substance.
13 (2) Knowingly permit any individual who is under the
14 influence of intoxicating liquor or any narcotic drug or
15 other controlled substance to operate any aircraft owned by
16 the person or in his custody or control.
17 (3) Perform any act in connection with the maintenance
18 or operation of any aircraft when under the influence of
19 intoxicating liquor or any narcotic drug or other
20 controlled substance, except medication prescribed by a
21 physician which will not render the person incapable of
22 performing his duties safely.
23 (4) (i) Consume alcoholic liquor within 8 hours prior
24 to operating or acting as a crew member of any aircraft

HB5597- 1342 -LRB098 15874 AMC 50917 b
1 within this State.
2 (ii) Act as a crew member of any aircraft within
3 this State while under the influence of alcohol or when
4 the alcohol concentration in the person's blood or
5 breath is 0.04 or more based on the definition of blood
6 and breath units contained in Section 11-501.2 of the
7 Illinois Vehicle Code.
8 (iii) Operate any aircraft within this State when
9 the alcohol concentration in the person's blood or
10 breath is 0.04 or more based on the definition of blood
11 and breath units contained in Section 11-501.2 of the
12 Illinois Vehicle Code.
13 (iv) Operate or act as a crew member of any
14 aircraft within this State when there is any amount of
15 a drug, substance, or compound in the person's blood or
16 urine resulting from the unlawful use or consumption of
17 cannabis as listed in the Cannabis Control Act or a
18 controlled substance as listed in the Illinois
19 Controlled Substances Substance Act.
20 (5) Knowingly consume while a crew member of any
21 aircraft any intoxicating liquor, narcotic drug, or other
22 controlled substance while the aircraft is in operation.
23 (b) Any person who violates clause (4)(i) of subsection (a)
24of this Section is guilty of a Class A misdemeanor. A person
25who violates paragraph (2), (3), or (5) or clause (4)(ii) of
26subsection (a) of this Section is guilty of a Class 4 felony. A

HB5597- 1343 -LRB098 15874 AMC 50917 b
1person who violates paragraph (1) or clause (4)(iii) or (4)(iv)
2of subsection (a) of this Section is guilty of a Class 3
3felony.
4(Source: P.A. 92-517, eff. 6-1-02; revised 11-19-13.)
5 Section 665. The County Airport Law of 1943 is amended by
6changing Section 6 as follows:
7 (620 ILCS 45/6) (from Ch. 15 1/2, par. 89)
8 Sec. 6. The directors shall, immediately after
9appointment, meet and organize by the election of one of their
10number as president and one as secretary, and by the election
11of such other officers as they may deem necessary. They shall
12make and adopt such by-laws, rules and regulations for their
13own guidance and for the government of the airport and landing
14field, buildings, equipment and other facilities or activities
15and institutions connected therewith as may be expedient, not
16inconsistent with the "Illinois Aeronautics Act", as now or
17hereafter amended or supplemented, or any rule, ruling,
18regulation, order or decision of the Department of
19Transportation of this State. They shall have the exclusive
20control of the expenditure of all moneys collected to the
21credit of the Airport Fund, and of the construction of any
22airport, building, landing strips or other facilities
23connected therewith, or auxiliary institutions or activities
24in connection therewith, and of the supervision, care and

HB5597- 1344 -LRB098 15874 AMC 50917 b
1custody of the grounds, buildings and facilities constructed,
2leased, or set apart for that purpose: Provided, that all
3moneys received for such airport with the exception of moneys
4the title to which rests in the Board of Directors in
5accordance with Section 9, shall be deposited in the treasury
6of the county to the credit of the Airport fund and shall not
7be used for any other purpose, and shall be drawn upon by the
8proper officers of the county upon the properly authenticated
9vouchers of the Board of Directors. The Board of Directors may
10purchase or lease ground within the limits of such county, and
11occupy, lease or erect an appropriate building or buildings for
12the use of the airport, auxiliary institutions and activities
13connected therewith: Provided, however, that no such building,
14landing strips or other facilities shall be constructed or
15erected until detailed plans therefor shall have been submitted
16to and approved by the Department of Transportation of this
17State. The Board of Directors may appoint suitable managers,
18assistants and employees and fix their compensation by
19resolution duly adopted, and may also remove such appointees,
20and shall carry out the spirit and intent of this Act in
21establishing and maintaining an airport and landing field.
22 The Board of Directors shall, in addition to the powers set
23forth in this Act, specifically have the powers designated as
24follows:
25 1. To locate, establish and maintain an airport and airport
26facilities within the area of its jurisdiction, and to develop,

HB5597- 1345 -LRB098 15874 AMC 50917 b
1expand, extend and improve any such airport or airport
2facility.
3 2. To acquire land, rights in and over land and easements
4upon, over or across land, and leasehold interests in land, and
5tangible and intangible personal property, used or useful for
6the location, establishment, maintenance, development,
7expansion, extension or improvement of any such airport or
8airport facility. Such acquisition may be by dedication,
9purchase, gift, agreement, lease, or by user or adverse
10possession or condemnation. In the determination of the
11compensation to be paid in any condemnation proceeding under
12this subsection involving property or facilities used in
13agriculture, commerce, industry or trade there shall be
14included not only the value of the property and facilities
15affected and the cost of any changes in or relocation of such
16property and facilities but also compensation for any loss
17occasioned in the operation thereof.
18 3. To operate, manage, lease, sublease, and to make and
19enter into contracts for the use, operation or management of,
20and to provide rules and regulations for the operation,
21management or use of any such airport or airport facility.
22 4. To fix, charge and collect rentals, tolls, fees and
23charges for the use of any such airport, or any part thereof,
24or any such airport facility, and to grant privileges within
25any airport or structure therein or any part thereof, and to
26charge and collect compensation for such privileges and to

HB5597- 1346 -LRB098 15874 AMC 50917 b
1lease any building or structure or any part thereof to private
2or public concerns or corporations in connection with the use
3and operation of such airport and to enter into contracts or
4agreements permitting private or public concerns to erect and
5build structures for airport purposes and purposes auxiliary
6thereto and connected therewith, on such terms and conditions
7as the directors deem expedient and in the public interest;
8provided, that no such structure may be erected by any public
9or private concern or corporation pursuant to such agreement
10until the plans and specifications therefor shall have been
11submitted to and approved by the Department of Transportation
12of this State.
13 5. To establish, maintain, extend and improve roadways and
14approaches by land, water or air to any such airport.
15 6. To contract or otherwise to provide by condemnation if
16necessary for the removal or relocation of all private
17structures, railways, mains, pipes, conduits, wires, poles and
18all other facilities and equipment which may interfere with the
19location, expansion, development, or improvement of airports
20or with the safe approach thereto or takeoff therefrom by
21aircraft, and to assume any obligation and pay any expense
22incidental to such removal or relocation.
23 7. Within territory two miles from any airport or landing
24field, as measured at a right angle from any side, or in a
25radial line from the corner of any established boundary line
26thereof, to enter into contracts for a term of years or

HB5597- 1347 -LRB098 15874 AMC 50917 b
1permanently with the owners of such land to restrict the height
2of any structure upon the relationship of one foot of height to
3each twenty feet of distance from the boundary line, upon such
4terms and conditions and for the such consideration as the
5Board of Directors deems equitable; and to adopt, administer
6and enforce airport zoning regulations for and within the
7county and within any territory which extends not more than 2
8miles beyond the boundaries of any Airport under the control of
9the Board of Directors.
10 8. To borrow money and to issue bonds, notes, certificates
11or other evidences of indebtedness for the purpose of
12accomplishing any of the corporate purposes, subject, however,
13to compliance with the conditions or limitations of this Act or
14otherwise provided by the constitution or laws of the State of
15Illinois.
16 9. To employ or enter into contracts for the employment of
17any person, firm or corporation, and for professional services,
18necessary or desirable for the accomplishment of the objects of
19the Board of Directors or the proper administration,
20management, protection or control of its property.
21 10. To police its property and to exercise police powers in
22respect thereto or in respect to the enforcement of any rule or
23regulation provided by the resolutions of the Board of
24Directors and to employ and commission police officers and
25other qualified persons to enforce the same.
26 Nothing in this section or in other provisions of this Act

HB5597- 1348 -LRB098 15874 AMC 50917 b
1shall be construed to authorize the Board of Directors to
2establish or enforce any regulation or rule in respect to
3aviation or the operation or maintenance of any airport or any
4airport facility within its jurisdiction which is in conflict
5with any federal or state law or regulation applicable to the
6same subject matter.
7 This section is subject to the "Illinois Aeronautics Act",
8as now or hereafter amended or supplemented, or any rule,
9ruling, regulation, order or decision of the Department of
10Transportation of this State.
11 The Federal Government or any department or agency thereof,
12the State of Illinois or any department or agency thereof, or
13any political subdivision of the State of Illinois and any
14public or private aircraft shall be permitted to use any
15airport facility subject to the regulation and control of, and
16upon such terms and conditions as shall be established by the
17Board of Directors.
18(Source: P.A. 81-840; revised 11-19-13.)
19 Section 670. The Public-Private Agreements for the South
20Suburban Airport Act is amended by changing Section 2-35 as
21follows:
22 (620 ILCS 75/2-35)
23 Sec. 2-35. Provisions of the public-private agreement.
24 (a) The public-private agreement shall include all of the

HB5597- 1349 -LRB098 15874 AMC 50917 b
1following:
2 (1) the term of the public-private agreement that is
3 consistent with Section 2-20 of this Act;
4 (2) the powers, duties, responsibilities, obligations,
5 and functions of the Department and the contractor;
6 (3) compensation or payments to the Department;
7 (4) compensation or payments to the contractor;
8 (5) a provision specifying that the Department has:
9 (A) ready access to information regarding the
10 contractor's powers, duties, responsibilities,
11 obligations, and functions under the public-private
12 agreement;
13 (B) the right to demand and receive information
14 from the contractor concerning any aspect of the
15 contractor's powers, duties, responsibilities,
16 obligations, and functions under the public-private
17 agreement; and
18 (C) the authority to direct or countermand
19 decisions by the contractor at any time;
20 (6) a provision imposing an affirmative duty on the
21 contractor to provide the Department with any information
22 the Department reasonably would want to know or would need
23 to know to enable the Department to exercise its powers,
24 carry out its duties, responsibilities, and obligations,
25 and perform its functions under this Act or the
26 public-private agreement or as otherwise required by law;

HB5597- 1350 -LRB098 15874 AMC 50917 b
1 (7) a provision requiring the contractor to provide the
2 Department with advance written notice of any decision that
3 bears significantly on the public interest so the
4 Department has a reasonable opportunity to evaluate and
5 countermand that decision under this Section;
6 (8) a requirement that the Department monitor and
7 oversee the contractor's practices and take action that the
8 Department considers appropriate to ensure that the
9 contractor is in compliance with the terms of the
10 public-private agreement;
11 (9) the authority of the Department to enter into
12 contracts with third parties pursuant to Section 2-65 of
13 this Act;
14 (10) a provision governing the contractor's authority
15 to negotiate and execute subcontracts with third parties;
16 (11) the authority of the contractor to impose user
17 fees and the amounts of those fees;
18 (12) a provision governing the deposit and allocation
19 of revenues including user fees;
20 (13) a provision governing rights to real and personal
21 property of the State, the Department, the contractor, and
22 other third parties;
23 (14) a provision stating that the contractor shall,
24 pursuant to Section 2-85 of this Act, pay the costs of an
25 independent audit if the construction costs under the
26 contract exceed $50,000,000;

HB5597- 1351 -LRB098 15874 AMC 50917 b
1 (15) a provision regarding the implementation and
2 delivery of a comprehensive system of internal audits;
3 (16) a provision regarding the implementation and
4 delivery of reports, which shall include a requirement that
5 the contractor file with the Department, at least on an
6 annual basis, financial statements containing information
7 required by generally accepted accounting principles
8 (GAAP);
9 (17) procedural requirements for obtaining the prior
10 approval of the Department when rights that are the subject
11 of the agreement, including, but not limited to development
12 rights, construction rights, property rights, and rights
13 to certain revenues, are sold, assigned, transferred, or
14 pledged as collateral to secure financing or for any other
15 reason;
16 (18) grounds for termination of the agreement by the
17 Department or the contractor and a restatement of the
18 Department's rights under Section 2-45 of this Act;
19 (19) a requirement that the contractor enter into a
20 project labor agreement under Section 2-120 of this Act;
21 (20) a provision stating that construction contractors
22 shall comply with Section 2-120 of this Act;
23 (21) timelines, deadlines, and scheduling;
24 (22) review of plans, including development,
25 financing, construction, management, operations, or
26 maintenance plans, by the Department;

HB5597- 1352 -LRB098 15874 AMC 50917 b
1 (23) a provision regarding inspections by the
2 Department, including inspections of construction work and
3 improvements;
4 (24) rights and remedies of the Department in the event
5 that the contractor defaults or otherwise fails to comply
6 with the terms of the public-private agreement;
7 (25) a code of ethics for the contractor's officers and
8 employees; and
9 (26) procedures for amendment to the agreement.
10 (b) The public-private agreement may include any or all of
11the following:
12 (1) a provision regarding the extension of the
13 agreement that is consistent with Section 2-20 of this Act;
14 (2) provisions leasing to the contractor all or any
15 portion of the South Suburban Airport, provided that the
16 lease may not extend beyond the term of the public-private
17 agreement; .
18 (3) cash reserves requirements;
19 (4) delivery of performance and payment bonds or other
20 performance security in a form and amount that is
21 satisfactory to the Department;
22 (5) maintenance of public liability insurance;
23 (6) maintenance of self-insurance;
24 (7) provisions governing grants and loans, pursuant to
25 which the Department may agree to make grants or loans for
26 the development, financing, construction, management, or

HB5597- 1353 -LRB098 15874 AMC 50917 b
1 operation of the South Suburban Airport project from time
2 to time from amounts received from the federal government
3 or any agency or instrumentality of the federal government
4 or from any State or local agency;
5 (8) reimbursements to the Department for work
6 performed and goods, services, and equipment provided by
7 the Department;
8 (9) provisions allowing the Department to submit any
9 contractual disputes with the contractor relating to the
10 public-private agreement to non-binding alternative
11 dispute resolution proceedings; and
12 (10) any other terms, conditions, and provisions
13 acceptable to the Department that the Department deems
14 necessary and proper and in the public interest.
15(Source: P.A. 98-109, eff. 7-25-13; revised 11-19-13.)
16 Section 675. The Illinois Vehicle Code is amended by
17changing Sections 1-105, 2-119, 3-918, 5-301, 6-103, 6-106,
186-108, 6-118, 6-201, 6-206, 6-303, 6-508, 6-514, 11-208,
1911-208.7, 11-501, 11-709.2, 12-215, 12-610.2, and 15-111 and by
20setting forth, renumbering, and changing multiple versions of
21Section 3-699 as follows:
22 (625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
23 Sec. 1-105. Authorized emergency vehicle. Emergency
24vehicles of municipal departments or public service

HB5597- 1354 -LRB098 15874 AMC 50917 b
1corporations as are designated or authorized by proper local
2authorities; police vehicles; vehicles of the fire department;
3vehicles of a HazMat or technical rescue team authorized by a
4county board under Section 5-1127 of the Counties Code;
5ambulances; vehicles of the Illinois Department of
6Corrections; vehicles of the Illinois Department of Juvenile
7Justice; vehicles of the Illinois Emergency Management Agency;
8vehicles of the Office of the Illinois State Fire Marshal; mine
9rescue and explosives emergency response vehicles of the
10Department of Natural Resources; vehicles of the Illinois
11Department of Public Health; vehicles of the Illinois
12Department of Transportation identified as Emergency Traffic
13Patrol; and vehicles of a municipal or county emergency
14services and disaster agency, as defined by the Illinois
15Emergency Management Agency Act.
16(Source: P.A. 97-149, eff. 7-14-11; 97-333, eff. 7-12-11;
1798-123, eff. 1-1-14; 98-468, eff. 8-16-13; revised 9-19-13.)
18 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
19 (Text of Section before amendment by P.A. 98-176)
20 Sec. 2-119. Disposition of fees and taxes.
21 (a) All moneys received from Salvage Certificates shall be
22deposited in the Common School Fund in the State Treasury.
23 (b) Beginning January 1, 1990 and concluding December 31,
241994, of the money collected for each certificate of title,
25duplicate certificate of title and corrected certificate of

HB5597- 1355 -LRB098 15874 AMC 50917 b
1title, $0.50 shall be deposited into the Used Tire Management
2Fund. Beginning January 1, 1990 and concluding December 31,
31994, of the money collected for each certificate of title,
4duplicate certificate of title and corrected certificate of
5title, $1.50 shall be deposited in the Park and Conservation
6Fund.
7 Beginning January 1, 1995, of the money collected for each
8certificate of title, duplicate certificate of title and
9corrected certificate of title, $3.25 shall be deposited in the
10Park and Conservation Fund. The moneys deposited in the Park
11and Conservation Fund pursuant to this Section shall be used
12for the acquisition and development of bike paths as provided
13for in Section 805-420 of the Department of Natural Resources
14(Conservation) Law (20 ILCS 805/805-420). The monies deposited
15into the Park and Conservation Fund under this subsection shall
16not be subject to administrative charges or chargebacks unless
17otherwise authorized by this Act.
18 Beginning January 1, 2000, of the moneys collected for each
19certificate of title, duplicate certificate of title, and
20corrected certificate of title, $48 shall be deposited into the
21Road Fund and $4 shall be deposited into the Motor Vehicle
22License Plate Fund, except that if the balance in the Motor
23Vehicle License Plate Fund exceeds $40,000,000 on the last day
24of a calendar month, then during the next calendar month the $4
25shall instead be deposited into the Road Fund.
26 Beginning January 1, 2005, of the moneys collected for each

HB5597- 1356 -LRB098 15874 AMC 50917 b
1delinquent vehicle registration renewal fee, $20 shall be
2deposited into the General Revenue Fund.
3 Except as otherwise provided in this Code, all remaining
4moneys collected for certificates of title, and all moneys
5collected for filing of security interests, shall be placed in
6the General Revenue Fund in the State Treasury.
7 (c) All moneys collected for that portion of a driver's
8license fee designated for driver education under Section 6-118
9shall be placed in the Driver Education Fund in the State
10Treasury.
11 (d) Beginning January 1, 1999, of the monies collected as a
12registration fee for each motorcycle, motor driven cycle and
13moped, 27% of each annual registration fee for such vehicle and
1427% of each semiannual registration fee for such vehicle is
15deposited in the Cycle Rider Safety Training Fund.
16 (e) Of the monies received by the Secretary of State as
17registration fees or taxes or as payment of any other fee, as
18provided in this Act, except fees received by the Secretary
19under paragraph (7) of subsection (b) of Section 5-101 and
20Section 5-109 of this Code, 37% shall be deposited into the
21State Construction Account Fund.
22 (f) Of the total money collected for a CDL instruction
23permit or original or renewal issuance of a commercial driver's
24license (CDL) pursuant to the Uniform Commercial Driver's
25License Act (UCDLA): (i) $6 of the total fee for an original or
26renewal CDL, and $6 of the total CDL instruction permit fee

HB5597- 1357 -LRB098 15874 AMC 50917 b
1when such permit is issued to any person holding a valid
2Illinois driver's license, shall be paid into the
3CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
4Information System/American Association of Motor Vehicle
5Administrators network/National Motor Vehicle Title
6Information Service Trust Fund) and shall be used for the
7purposes provided in Section 6z-23 of the State Finance Act and
8(ii) $20 of the total fee for an original or renewal CDL or
9commercial driver instruction permit shall be paid into the
10Motor Carrier Safety Inspection Fund, which is hereby created
11as a special fund in the State Treasury, to be used by the
12Department of State Police, subject to appropriation, to hire
13additional officers to conduct motor carrier safety
14inspections pursuant to Chapter 18b of this Code.
15 (g) All remaining moneys received by the Secretary of State
16as registration fees or taxes or as payment of any other fee,
17as provided in this Act, except fees received by the Secretary
18under paragraph (7)(A) of subsection (b) of Section 5-101 and
19Section 5-109 of this Code, shall be deposited in the Road Fund
20in the State Treasury. Moneys in the Road Fund shall be used
21for the purposes provided in Section 8.3 of the State Finance
22Act.
23 (h) (Blank).
24 (i) (Blank).
25 (j) (Blank).
26 (k) There is created in the State Treasury a special fund

HB5597- 1358 -LRB098 15874 AMC 50917 b
1to be known as the Secretary of State Special License Plate
2Fund. Money deposited into the Fund shall, subject to
3appropriation, be used by the Office of the Secretary of State
4(i) to help defray plate manufacturing and plate processing
5costs for the issuance and, when applicable, renewal of any new
6or existing registration plates authorized under this Code and
7(ii) for grants made by the Secretary of State to benefit
8Illinois Veterans Home libraries.
9 On or before October 1, 1995, the Secretary of State shall
10direct the State Comptroller and State Treasurer to transfer
11any unexpended balance in the Special Environmental License
12Plate Fund, the Special Korean War Veteran License Plate Fund,
13and the Retired Congressional License Plate Fund to the
14Secretary of State Special License Plate Fund.
15 (l) The Motor Vehicle Review Board Fund is created as a
16special fund in the State Treasury. Moneys deposited into the
17Fund under paragraph (7) of subsection (b) of Section 5-101 and
18Section 5-109 shall, subject to appropriation, be used by the
19Office of the Secretary of State to administer the Motor
20Vehicle Review Board, including without limitation payment of
21compensation and all necessary expenses incurred in
22administering the Motor Vehicle Review Board under the Motor
23Vehicle Franchise Act.
24 (m) Effective July 1, 1996, there is created in the State
25Treasury a special fund to be known as the Family
26Responsibility Fund. Moneys deposited into the Fund shall,

HB5597- 1359 -LRB098 15874 AMC 50917 b
1subject to appropriation, be used by the Office of the
2Secretary of State for the purpose of enforcing the Family
3Financial Responsibility Law.
4 (n) The Illinois Fire Fighters' Memorial Fund is created as
5a special fund in the State Treasury. Moneys deposited into the
6Fund shall, subject to appropriation, be used by the Office of
7the State Fire Marshal for construction of the Illinois Fire
8Fighters' Memorial to be located at the State Capitol grounds
9in Springfield, Illinois. Upon the completion of the Memorial,
10moneys in the Fund shall be used in accordance with Section
113-634.
12 (o) Of the money collected for each certificate of title
13for all-terrain vehicles and off-highway motorcycles, $17
14shall be deposited into the Off-Highway Vehicle Trails Fund.
15 (p) For audits conducted on or after July 1, 2003 pursuant
16to Section 2-124(d) of this Code, 50% of the money collected as
17audit fees shall be deposited into the General Revenue Fund.
18(Source: P.A. 97-1136, eff. 1-1-13; 98-177, eff. 1-1-14;
19revised 9-19-13.)
20 (Text of Section after amendment by P.A. 98-176)
21 Sec. 2-119. Disposition of fees and taxes.
22 (a) All moneys received from Salvage Certificates shall be
23deposited in the Common School Fund in the State Treasury.
24 (b) Beginning January 1, 1990 and concluding December 31,
251994, of the money collected for each certificate of title,

HB5597- 1360 -LRB098 15874 AMC 50917 b
1duplicate certificate of title and corrected certificate of
2title, $0.50 shall be deposited into the Used Tire Management
3Fund. Beginning January 1, 1990 and concluding December 31,
41994, of the money collected for each certificate of title,
5duplicate certificate of title and corrected certificate of
6title, $1.50 shall be deposited in the Park and Conservation
7Fund.
8 Beginning January 1, 1995, of the money collected for each
9certificate of title, duplicate certificate of title and
10corrected certificate of title, $3.25 shall be deposited in the
11Park and Conservation Fund. The moneys deposited in the Park
12and Conservation Fund pursuant to this Section shall be used
13for the acquisition and development of bike paths as provided
14for in Section 805-420 of the Department of Natural Resources
15(Conservation) Law (20 ILCS 805/805-420). The monies deposited
16into the Park and Conservation Fund under this subsection shall
17not be subject to administrative charges or chargebacks unless
18otherwise authorized by this Act.
19 Beginning January 1, 2000, of the moneys collected for each
20certificate of title, duplicate certificate of title, and
21corrected certificate of title, $48 shall be deposited into the
22Road Fund and $4 shall be deposited into the Motor Vehicle
23License Plate Fund, except that if the balance in the Motor
24Vehicle License Plate Fund exceeds $40,000,000 on the last day
25of a calendar month, then during the next calendar month the $4
26shall instead be deposited into the Road Fund.

HB5597- 1361 -LRB098 15874 AMC 50917 b
1 Beginning January 1, 2005, of the moneys collected for each
2delinquent vehicle registration renewal fee, $20 shall be
3deposited into the General Revenue Fund.
4 Except as otherwise provided in this Code, all remaining
5moneys collected for certificates of title, and all moneys
6collected for filing of security interests, shall be placed in
7the General Revenue Fund in the State Treasury.
8 (c) All moneys collected for that portion of a driver's
9license fee designated for driver education under Section 6-118
10shall be placed in the Driver Education Fund in the State
11Treasury.
12 (d) Beginning January 1, 1999, of the monies collected as a
13registration fee for each motorcycle, motor driven cycle and
14moped, 27% of each annual registration fee for such vehicle and
1527% of each semiannual registration fee for such vehicle is
16deposited in the Cycle Rider Safety Training Fund.
17 (e) Of the monies received by the Secretary of State as
18registration fees or taxes or as payment of any other fee, as
19provided in this Act, except fees received by the Secretary
20under paragraph (7) of subsection (b) of Section 5-101 and
21Section 5-109 of this Code, 37% shall be deposited into the
22State Construction Account Fund.
23 (f) Of the total money collected for a commercial learner's
24permit (CLP) or original or renewal issuance of a commercial
25driver's license (CDL) pursuant to the Uniform Commercial
26Driver's License Act (UCDLA): (i) $6 of the total fee for an

HB5597- 1362 -LRB098 15874 AMC 50917 b
1original or renewal CDL, and $6 of the total CLP fee when such
2permit is issued to any person holding a valid Illinois
3driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
4Trust Fund (Commercial Driver's License Information
5System/American Association of Motor Vehicle Administrators
6network/National Motor Vehicle Title Information Service Trust
7Fund) and shall be used for the purposes provided in Section
86z-23 of the State Finance Act and (ii) $20 of the total fee
9for an original or renewal CDL or CLP shall be paid into the
10Motor Carrier Safety Inspection Fund, which is hereby created
11as a special fund in the State Treasury, to be used by the
12Department of State Police, subject to appropriation, to hire
13additional officers to conduct motor carrier safety
14inspections pursuant to Chapter 18b of this Code.
15 (g) All remaining moneys received by the Secretary of State
16as registration fees or taxes or as payment of any other fee,
17as provided in this Act, except fees received by the Secretary
18under paragraph (7)(A) of subsection (b) of Section 5-101 and
19Section 5-109 of this Code, shall be deposited in the Road Fund
20in the State Treasury. Moneys in the Road Fund shall be used
21for the purposes provided in Section 8.3 of the State Finance
22Act.
23 (h) (Blank).
24 (i) (Blank).
25 (j) (Blank).
26 (k) There is created in the State Treasury a special fund

HB5597- 1363 -LRB098 15874 AMC 50917 b
1to be known as the Secretary of State Special License Plate
2Fund. Money deposited into the Fund shall, subject to
3appropriation, be used by the Office of the Secretary of State
4(i) to help defray plate manufacturing and plate processing
5costs for the issuance and, when applicable, renewal of any new
6or existing registration plates authorized under this Code and
7(ii) for grants made by the Secretary of State to benefit
8Illinois Veterans Home libraries.
9 On or before October 1, 1995, the Secretary of State shall
10direct the State Comptroller and State Treasurer to transfer
11any unexpended balance in the Special Environmental License
12Plate Fund, the Special Korean War Veteran License Plate Fund,
13and the Retired Congressional License Plate Fund to the
14Secretary of State Special License Plate Fund.
15 (l) The Motor Vehicle Review Board Fund is created as a
16special fund in the State Treasury. Moneys deposited into the
17Fund under paragraph (7) of subsection (b) of Section 5-101 and
18Section 5-109 shall, subject to appropriation, be used by the
19Office of the Secretary of State to administer the Motor
20Vehicle Review Board, including without limitation payment of
21compensation and all necessary expenses incurred in
22administering the Motor Vehicle Review Board under the Motor
23Vehicle Franchise Act.
24 (m) Effective July 1, 1996, there is created in the State
25Treasury a special fund to be known as the Family
26Responsibility Fund. Moneys deposited into the Fund shall,

HB5597- 1364 -LRB098 15874 AMC 50917 b
1subject to appropriation, be used by the Office of the
2Secretary of State for the purpose of enforcing the Family
3Financial Responsibility Law.
4 (n) The Illinois Fire Fighters' Memorial Fund is created as
5a special fund in the State Treasury. Moneys deposited into the
6Fund shall, subject to appropriation, be used by the Office of
7the State Fire Marshal for construction of the Illinois Fire
8Fighters' Memorial to be located at the State Capitol grounds
9in Springfield, Illinois. Upon the completion of the Memorial,
10moneys in the Fund shall be used in accordance with Section
113-634.
12 (o) Of the money collected for each certificate of title
13for all-terrain vehicles and off-highway motorcycles, $17
14shall be deposited into the Off-Highway Vehicle Trails Fund.
15 (p) For audits conducted on or after July 1, 2003 pursuant
16to Section 2-124(d) of this Code, 50% of the money collected as
17audit fees shall be deposited into the General Revenue Fund.
18(Source: P.A. 97-1136, eff. 1-1-13; 98-176, eff. 7-1-14;
1998-177, eff. 1-1-14; revised 9-19-13.)
20 (625 ILCS 5/3-699)
21 Sec. 3-699. National Wild Turkey Federation license
22plates.
23 (a) The Secretary, upon receipt of all applicable fees and
24applications made in the form prescribed by the Secretary, may
25issue special registration plates designated as National Wild

HB5597- 1365 -LRB098 15874 AMC 50917 b
1Turkey Federation license plates. The special plates issued
2under this Section shall be affixed only to passenger vehicles
3of the first division or motor vehicles of the second division
4weighing not more than 8,000 pounds. Plates issued under this
5Section shall expire according to the multi-year procedure
6established by Section 3-414.1 of this Code.
7 (b) The design and color of the special plates shall be
8wholly within the discretion of the Secretary. The Secretary
9may allow the plates to be issued as vanity plates or
10personalized plates under Section 3-405.1 of this Code. The
11Secretary shall prescribe stickers or decals as provided under
12Section 3-412 of this Code.
13 (c) An applicant for the special plate shall be charged a
14$40 fee for original issuance in addition to the appropriate
15registration fee. Of this fee, $25 shall be deposited into the
16National Wild Turkey Federation Fund and $15 shall be deposited
17into the Secretary of State Special License Plate Fund, to be
18used by the Secretary to help defray the administrative
19processing costs.
20 For each registration renewal period, a $27 fee, in
21addition to the appropriate registration fee, shall be charged.
22Of this fee, $25 shall be deposited into the National Wild
23Turkey Federation Fund and $2 shall be deposited into the
24Secretary of State Special License Plate Fund.
25 (d) The National Wild Turkey Federation Fund is created as
26a special fund in the State treasury. All moneys in the

HB5597- 1366 -LRB098 15874 AMC 50917 b
1National Wild Turkey Federation Fund shall be paid, subject to
2appropriation by the General Assembly and distribution by the
3Secretary, as grants to National Wild Turkey Federation, Inc.,
4a tax exempt entity under Section 501(c)(3) of the Internal
5Revenue Code, to fund turkey habitat protection, enhancement,
6and restoration projects in the State of Illinois, to fund
7education and outreach for media, volunteers, members, and the
8general public regarding turkeys and turkey habitat
9conservation in the State of Illinois, and to cover the
10reasonable cost for National Wild Turkey Federation special
11plate advertising and administration of the conservation
12projects and education program.
13(Source: P.A. 98-66, eff. 1-1-14.)
14 (625 ILCS 5/3-699.2)
15 Sec. 3-699.2 3-699. Diabetes Awareness license plates.
16 (a) The Secretary, upon receipt of an application made in
17the form prescribed by the Secretary, may issue special
18registration plates designated as Diabetes Awareness license
19plates. The special plates issued under this Section shall be
20affixed only to passenger vehicles of the first division and
21motor vehicles of the second division weighing not more than
228,000 pounds. Plates issued under this Section shall expire
23according to the multi-year procedure established by Section
243-414.1 of this Code.
25 (b) The design and color of the plates is wholly within the

HB5597- 1367 -LRB098 15874 AMC 50917 b
1discretion of the Secretary of State. The Secretary, in his or
2her discretion, may allow the plates to be issued as vanity or
3personalized plates under Section 3-405.1 of this Code. The
4Secretary shall prescribe stickers or decals as provided under
5Section 3-412 of this Code.
6 (c) An applicant for the special plate shall be charged a
7$40 fee for original issuance in addition to the appropriate
8registration fee. Of this fee, $25 shall be deposited into the
9Diabetes Research Checkoff Fund and $15 shall be deposited into
10the Secretary of State Special License Plate Fund, to be used
11by the Secretary to help defray the administrative processing
12costs.
13 For each registration renewal period, a $27 fee, in
14addition to the appropriate registration fee, shall be charged.
15Of this fee, $25 shall be deposited into the Diabetes Research
16Checkoff Fund and $2 shall be deposited into the Secretary of
17State Special License Plate Fund.
18(Source: P.A. 98-96, eff. 1-1-14; revised 10-16-13.)
19 (625 ILCS 5/3-699.3)
20 Sec. 3-699.3 3-699. Illinois Nurses license plates.
21 (a) The Secretary, upon receipt of an application made in
22the form prescribed by the Secretary, may issue special
23registration plates designated as Illinois Nurses license
24plates. The special plates issued under this Section shall be
25affixed only to passenger vehicles of the first division and

HB5597- 1368 -LRB098 15874 AMC 50917 b
1motor vehicles of the second division weighing not more than
28,000 pounds. Plates issued under this Section shall expire
3according to the multi-year procedure established by Section
43-414.1 of this Code.
5 (b) The design and color of the plates is wholly within the
6discretion of the Secretary. The Secretary may allow the plates
7to be issued as vanity plates or personalized under Section
83-405.1 of the Code. The Secretary shall prescribe stickers or
9decals as provided under Section 3-412 of this Code.
10 (c) An applicant for the special plate shall be charged a
11$35 fee for original issuance in addition to the appropriate
12registration fee. Of this fee, $20 shall be deposited into the
13Illinois Nurses Foundation Fund and $15 shall be deposited into
14the Secretary of State Special License Plate Fund, to be used
15by the Secretary to help defray administrative processing
16costs.
17 For each registration renewal period, a $22 fee, in
18addition to the appropriate registration fee, shall be charged.
19Of this fee, $20 shall be deposited into the Illinois Nurses
20Foundation Fund and $2 shall be deposited into the Secretary of
21State Special License Plate Fund.
22 (d) The Illinois Nurses Foundation Fund is created as a
23special fund in the State treasury. All money in the Illinois
24Nurses Foundation Fund shall be paid, subject to appropriation
25by the General Assembly and distribution by the Secretary, as
26grants to the Illinois Nurses Foundation, to promote the health

HB5597- 1369 -LRB098 15874 AMC 50917 b
1of the public by advancing the nursing profession in this
2State.
3(Source: P.A. 98-150, eff. 1-1-14; revised 10-16-13.)
4 (625 ILCS 5/3-699.4)
5 Sec. 3-699.4 3-699. American Red Cross license plates.
6 (a) The Secretary, upon receipt of all applicable fees and
7applications made in the form prescribed by the Secretary, may
8issue special registration plates designated as American Red
9Cross license plates. The special plates issued under this
10Section shall be affixed only to passenger vehicles of the
11first division or motor vehicles of the second division
12weighing not more than 8,000 pounds. Plates issued under this
13Section shall expire according to the multi-year procedure
14established by Section 3-414.1 of this Code.
15 (b) The design and color of the special plates shall be
16within the discretion of the Secretary, but shall include the
17American Red Cross official logo. Appropriate documentation,
18as determined by the Secretary, shall accompany each
19application. The Secretary may allow the plates to be issued as
20vanity plates or personalized plates under Section 3-405.1 of
21this Code. The Secretary shall prescribe stickers or decals as
22provided under Section 3-412 of this Code.
23 (c) An applicant for the special plate shall be charged a
24$40 fee for original issuance in addition to the appropriate
25registration fee. Of this fee, $25 shall be deposited into the

HB5597- 1370 -LRB098 15874 AMC 50917 b
1American Red Cross Fund and $15 shall be deposited into the
2Secretary of State Special License Plate Fund, to be used by
3the Secretary to help defray the administrative processing
4costs. For each registration renewal period, a $27 fee, in
5addition to the appropriate registration fee, shall be charged.
6Of this fee, $25 shall be deposited into the American Red Cross
7Fund and $2 shall be deposited into the Secretary of State
8Special License Plate Fund.
9 (d) The American Red Cross Fund is created as a special
10fund in the State treasury. All moneys in the American Red
11Cross Fund shall be paid, subject to appropriation by the
12General Assembly and distribution by the Secretary, as grants
13to the American Red Cross or to charitable entities designated
14by the American Red Cross.
15(Source: P.A. 98-151, eff. 1-1-14; revised 10-16-13.)
16 (625 ILCS 5/3-699.5)
17 Sec. 3-699.5 3-699. Illinois Police Benevolent and
18Protective Association license plates.
19 (a) The Secretary, upon receipt of an application made in
20the form prescribed by the Secretary, may issue special
21registration plates designated as Illinois Police Benevolent
22and Protective Association license plates. The special plates
23issued under this Section shall be affixed only to passenger
24vehicles of the first division and motor vehicles of the second
25division weighing not more than 8,000 pounds. Plates issued

HB5597- 1371 -LRB098 15874 AMC 50917 b
1under this Section shall expire according to the multi-year
2procedure established by Section 3-414.1 of this Code.
3 (b) The design and color of the plates is wholly within the
4discretion of the Secretary. The Secretary may allow the plates
5to be issued as vanity plates or personalized under Section
63-405.1 of the Code. The Secretary shall prescribe stickers or
7decals as provided under Section 3-412 of this Code. The
8Secretary may, in his or her discretion, allow the plates to be
9issued as vanity or personalized plates in accordance with
10Section 3-405.1 of this Code.
11 (c) An applicant for the special plate shall be charged a
12$25 fee for original issuance in addition to the appropriate
13registration fee. Of this fee, $10 shall be deposited into the
14Illinois Police Benevolent and Protective Association Fund and
15$15 shall be deposited into the Secretary of State Special
16License Plate Fund, to be used by the Secretary to help defray
17the administrative processing costs.
18 For each registration renewal period, a $25 fee, in
19addition to the appropriate registration fee, shall be charged.
20Of this fee, $23 shall be deposited into the Illinois Police
21Benevolent and Protective Association Fund and $2 shall be
22deposited into the Secretary of State Special License Plate
23Fund.
24 (d) The Illinois Police Benevolent and Protective
25Association Fund is created as a special fund in the State
26treasury. All money in the Illinois Police Benevolent and

HB5597- 1372 -LRB098 15874 AMC 50917 b
1Protective Association Fund shall be paid, subject to
2appropriation by the General Assembly and distribution by the
3Secretary, as grants to the Illinois Police Benevolent and
4Protective Association for the purposes of providing death
5benefits for the families of police officers killed in the line
6of duty, providing scholarships for undergraduate study to
7children and spouses of police officers killed in the line of
8duty, and educating the public and police officers regarding
9policing and public safety.
10(Source: P.A. 98-233, eff. 1-1-14; revised 10-16-13.)
11 (625 ILCS 5/3-699.6)
12 Sec. 3-699.6 3-699. Alzheimer's Awareness license plates.
13 (a) The Secretary, upon receipt of an application made in
14the form prescribed by the Secretary, may issue special
15registration plates designated as Alzheimer's Awareness
16license plates. The special plates issued under this Section
17shall be affixed only to passenger vehicles of the first
18division and motor vehicles of the second division weighing not
19more than 8,000 pounds. Plates issued under this Section shall
20expire according to the multi-year procedure established by
21Section 3-414.1 of this Code.
22 (b) The design and color of the plates is wholly within the
23discretion of the Secretary. The Secretary may allow the plates
24to be issued as vanity plates or personalized under Section
253-405.1 of this Code. The Secretary shall prescribe stickers or

HB5597- 1373 -LRB098 15874 AMC 50917 b
1decals as provided under Section 3-412 of this Code.
2 (c) An applicant for the special plate shall be charged a
3$25 fee for original issuance in addition to the appropriate
4registration fee. Of this fee, $10 shall be deposited into the
5Alzheimer's Awareness Fund and $15 shall be deposited into the
6Secretary of State Special License Plate Fund, to be used by
7the Secretary to help defray administrative processing costs.
8 For each registration renewal period, a $25 fee, in
9addition to the appropriate registration fee, shall be charged.
10Of this fee, $23 shall be deposited into the Alzheimer's
11Awareness Fund and $2 shall be deposited into the Secretary of
12State Special License Plate Fund.
13 (d) The Alzheimer's Awareness Fund is created as a special
14fund in the State treasury. All money in the Alzheimer's
15Awareness Fund shall be paid, subject to appropriation by the
16General Assembly and distribution by the Secretary, as grants
17to the Alzheimer's Disease and Related Disorders Association,
18Greater Illinois Chapter, for Alzheimer's care, support,
19education, and awareness programs.
20(Source: P.A. 98-259, eff. 1-1-14; revised 10-16-13.)
21 (625 ILCS 5/3-699.7)
22 Sec. 3-699.7 3-699. Prince Hall Freemasonry plates.
23 (a) The Secretary, upon receipt of all applicable fees and
24applications made in the form prescribed by the Secretary, may
25issue special registration plates designated as Prince Hall

HB5597- 1374 -LRB098 15874 AMC 50917 b
1Freemasonry license plates.
2 The special plates issued under this Section shall be
3affixed only to passenger vehicles of the first division or
4motor vehicles of the second division weighing not more than
58,000 pounds.
6 Plates issued under this Section shall expire according to
7the multi-year procedure established by Section 3-414.1 of this
8Code.
9 (b) The design and color of the special plates shall be
10wholly within the discretion of the Secretary. Appropriate
11documentation, as determined by the Secretary, shall accompany
12each application.
13 (c) An applicant for the special plate shall be charged a
14$25 fee for original issuance in addition to the appropriate
15registration fee. Of this fee, $10 shall be deposited into the
16Master Mason Fund and $15 shall be deposited into the Secretary
17of State Special License Plate Fund, to be used by the
18Secretary to help defray the administrative processing costs.
19 For each registration renewal period, a $25 fee, in
20addition to the appropriate registration fee, shall be charged.
21Of this fee, $23 shall be deposited into the Master Mason Fund
22and $2 shall be deposited into the Secretary of State Special
23License Plate Fund.
24(Source: P.A. 98-300, eff. 1-1-14; revised 10-16-13.)
25 (625 ILCS 5/3-699.8)

HB5597- 1375 -LRB098 15874 AMC 50917 b
1 Sec. 3-699.8 3-699. Illinois Police K-9 Memorial Plates.
2 (a) The Secretary, upon receipt of all applicable fees and
3applications made in the form prescribed by the Secretary, may
4issue special registration plates designated as Illinois
5Police K-9 Memorial license plates. The special plates issued
6under this Section shall be affixed only to passenger vehicles
7of the first division or motor vehicles of the second division
8weighing not more than 8,000 pounds. Plates issued under this
9Section shall expire according to the multi-year procedure
10established by Section 3-414.1 of this Code.
11 (b) The design and color of the plates is wholly within the
12discretion of the Secretary. The Secretary may allow the plates
13to be issued as vanity plates or personalized under Section
143-405.1 of the Code. Appropriate documentation, as determined
15by the Secretary, shall accompany each application. The
16Secretary shall prescribe stickers or decals as provided under
17Section 3-412 of this Code.
18 (c) An applicant shall be charged a $40 fee for original
19issuance in addition to the applicable registration fee. Of
20this additional fee, $15 shall be deposited into the Secretary
21of State Special License Plate Fund and $25 shall be deposited
22into the Illinois Police K-9 Memorial Fund. For each
23registration renewal period, a $27 fee, in addition to the
24appropriate registration fee, shall be charged. Of this
25additional fee, $2 shall be deposited into the Secretary of
26State Special License Plate Fund and $25 shall be deposited

HB5597- 1376 -LRB098 15874 AMC 50917 b
1into the Illinois Police K-9 Memorial Fund.
2 (d) The Illinois Police K-9 Memorial Fund is created as a
3special fund in the State treasury. All moneys in the Illinois
4Police K-9 Memorial Fund shall be paid, subject to
5appropriation by the General Assembly and distribution by the
6Secretary, as grants to the Northern Illinois Police K-9
7Memorial for the creation, operation, and maintenance of a
8police K-9 memorial monument.
9(Source: P.A. 98-360, eff. 1-1-14; revised 10-16-13.)
10 (625 ILCS 5/3-699.9)
11 Sec. 3-699.9 3-699. Public Safety Diver license plates.
12 (a) The Secretary, upon receipt of an application made in
13the form prescribed by the Secretary of State, may issue
14special registration plates designated to be Public Safety
15Diver license plates. The special plates issued under this
16Section shall be affixed only to passenger vehicles of the
17first division, motor vehicles of the second division weighing
18not more than 8,000 pounds, and recreational vehicles as
19defined by Section 1-169 of this Code. Plates issued under this
20Section shall expire according to the multi-year procedure
21established by Section 3-414.1 of this Code.
22 (b) The design and color of the plates shall be wholly
23within the discretion of the Secretary of State. Appropriate
24documentation, as determined by the Secretary, shall accompany
25the application. The Secretary may, in his or her discretion,

HB5597- 1377 -LRB098 15874 AMC 50917 b
1allow the plates to be issued as vanity or personalized plates
2in accordance with Section 3-405.1 of this Code.
3 (c) An applicant shall be charged a $45 fee for original
4issuance in addition to the appropriate registration fee, if
5applicable. Of this fee, $30 shall be deposited into the Public
6Safety Diver Fund and $15 shall be deposited into the Secretary
7of State Special License Plate Fund. For each registration
8renewal period, a $27 fee, in addition to the appropriate
9registration fee, shall be charged. Of this fee, $25 shall be
10deposited into the Public Safety Diver Fund and $2 shall be
11deposited into the Secretary of State Special License Plate
12Fund.
13 (d) The Public Safety Diver Fund is created as a special
14fund in the State treasury. All moneys in the Public Safety
15Diver Fund shall be paid, subject to appropriation by the
16General Assembly and distribution by the Secretary, to the
17Illinois Law Enforcement Training Standards Board for the
18purposes of providing grants based on need for training,
19standards, and equipment to public safety disciplines within
20the State and to units of local government involved in public
21safety diving and water rescue services.
22 (e) The Public Safety Diver Advisory Committee shall
23recommend grant rewards with the intent of achieving reasonably
24equitable distribution of funds between police, firefighting,
25and public safety diving services making application for grants
26under this Section.

HB5597- 1378 -LRB098 15874 AMC 50917 b
1 (f) The administrative costs related to management of
2grants made from the Public Safety Diver Fund shall be paid
3from the Public Safety Diver Fund to the Illinois Law
4Enforcement Training Standards Board.
5(Source: P.A. 98-376, eff. 1-1-14; revised 10-16-13.)
6 (625 ILCS 5/3-699.10)
7 Sec. 3-699.10 3-699. The H Foundation - Committed to a Cure
8for Cancer plates.
9 (a) The Secretary, upon receipt of all applicable fees and
10applications made in the form prescribed by the Secretary, may
11issue special registration plates designated as The H
12Foundation - Committed to a Cure for Cancer license plates. The
13special plates issued under this Section shall be affixed only
14to passenger vehicles of the first division or motor vehicles
15of the second division weighing not more than 8,000 pounds.
16Plates issued under this Section shall expire according to the
17multi-year procedure established by Section 3-414.1 of this
18Code.
19 (b) The design and color of the special plates shall be
20wholly within the discretion of the Secretary. Appropriate
21documentation, as determined by the Secretary, shall accompany
22each application.
23 (c) An applicant for the special plate shall be charged a
24$40 fee for original issuance in addition to the appropriate
25registration fee. Of this fee, $25 shall be deposited into the

HB5597- 1379 -LRB098 15874 AMC 50917 b
1Committed to a Cure Fund and $15 shall be deposited into the
2Secretary of State Special License Plate Fund, to be used by
3the Secretary to help defray the administrative processing
4costs. For each registration renewal period, a $27 fee, in
5addition to the appropriate registration fee, shall be charged.
6Of this fee, $25 shall be deposited into the Committed to a
7Cure Fund and $2 shall be deposited into the Secretary of State
8Special License Plate Fund.
9 (d) The Committed to a Cure Fund is created as a special
10fund in the State treasury. All money in the Committed to a
11Cure Fund shall be paid, subject to appropriation by the
12General Assembly and distribution by the Secretary, as grants
13to the Robert H. Lurie Comprehensive Cancer Center of
14Northwestern University for the purpose of funding scientific
15research on cancer.
16(Source: P.A. 98-382, eff. 1-1-14; revised 10-16-13.)
17 (625 ILCS 5/3-699.11)
18 Sec. 3-699.11 3-699. Retired Law Enforcement license
19plates.
20 (a) The Secretary, upon receipt of an application made in
21the form prescribed by the Secretary, may issue special
22registration plates designated as Retired Law Enforcement
23license plates to residents of Illinois who meet eligibility
24requirements prescribed by the Secretary of State. The special
25plates issued under this Section shall be affixed only to

HB5597- 1380 -LRB098 15874 AMC 50917 b
1passenger vehicles of the first division and motor vehicles of
2the second division weighing not more than 8,000 pounds. Plates
3issued under this Section shall expire according to the
4multi-year procedure established by Section 3-414.1 of this
5Code.
6 (b) The design and color of the plates is wholly within the
7discretion of the Secretary. The Secretary may allow the plates
8to be issued as vanity plates or personalized under Section
93-405.1 of the Code. The Secretary shall prescribe stickers or
10decals as provided under Section 3-412 of this Code.
11 (c) An applicant for the special plate shall be charged a
12$25 fee for original issuance in addition to the appropriate
13registration fee. Of this fee, $10 shall be deposited into the
14Illinois Sheriffs' Association Scholarship and Training Fund
15and $15 shall be deposited into the Secretary of State Special
16License Plate Fund, to be used by the Secretary to help defray
17the administrative processing costs.
18 For each registration renewal period, a $25 fee, in
19addition to the appropriate registration fee, shall be charged.
20Of this fee, $23 shall be deposited into the Illinois Sheriffs'
21Association Scholarship and Training Fund and $2 shall be
22deposited into the Secretary of State Special License Plate
23Fund.
24 (d) The Illinois Sheriffs' Association Scholarship and
25Training Fund is created as a special fund in the State
26treasury. All money in the Illinois Sheriffs' Association

HB5597- 1381 -LRB098 15874 AMC 50917 b
1Scholarship and Training Fund shall be paid, subject to
2appropriation by the General Assembly and distribution by the
3Secretary, as grants to the Illinois Sheriffs' Association, for
4scholarships obtained in a competitive process to attend the
5Illinois Teen Institute or an accredited college or university,
6for programs designed to benefit the elderly and teens, and for
7law enforcement training.
8(Source: P.A. 98-395, eff. 1-1-14; revised 10-16-13.)
9 (625 ILCS 5/3-699.12)
10 Sec. 3-699.12 3-699. Legion of Merit plates. The Secretary,
11upon receipt of an application made in the form prescribed by
12the Secretary of State, may issue special registration plates
13designated as Legion of Merit license plates to recipients
14awarded the Legion of Merit by a branch of the armed forces of
15the United States who reside in Illinois. The special plates
16issued pursuant to this Section should be affixed only to
17passenger vehicles of the 1st division, including motorcycles,
18or motor vehicles of the 2nd division weighing not more than
198,000 pounds. The Secretary may, in his or her discretion,
20allow the plates to be issued as vanity or personalized plates
21in accordance with Section 3-405.1 of this Code. The Secretary
22of State must make a version of the special registration plates
23authorized under this Section in a form appropriate for
24motorcycles.
25 The design and color of such plates shall be wholly within

HB5597- 1382 -LRB098 15874 AMC 50917 b
1the discretion of the Secretary of State. No registration fee,
2including the fees established under Section 3-806 of this
3Code, shall be charged for the issuance or renewal of any
4plates issued under this Section.
5(Source: P.A. 98-406, eff. 1-1-14; revised 10-16-13.)
6 (625 ILCS 5/3-699.13)
7 Sec. 3-699.13 3-699. Illinois State Police Memorial Park
8license plates.
9 (a) The Secretary, upon receipt of an application made in
10the form prescribed by the Secretary of State, may issue
11special registration plates designated as Illinois State
12Police Memorial Park license plates. The special plates issued
13under this Section shall be affixed only to passenger vehicles
14of the first division or motor vehicles of the second division
15weighing not more than 8,000 pounds. Plates issued under this
16Section shall expire according to the multi-year procedure
17established by Section 3-414.1 of this Code.
18 (b) The design and color of the plates shall be wholly
19within the discretion of the Secretary of State. The Secretary
20may, in his or her discretion, allow the plates to be issued as
21vanity or personalized plates in accordance with Section
223-405.1 of this Code. The Secretary shall prescribe stickers or
23decals as provided under Section 3-412 of this Code.
24 (c) An applicant shall be charged a $25 fee for original
25issuance in addition to the appropriate registration fee, if

HB5597- 1383 -LRB098 15874 AMC 50917 b
1applicable. Of this fee, $10 shall be deposited into the
2Illinois State Police Memorial Park Fund and $15 shall be
3deposited into the Secretary of State Special License Plate
4Fund. For each registration renewal period, a $25 fee, in
5addition to the appropriate registration fee, shall be charged.
6Of this fee, $23 shall be deposited into the Illinois State
7Police Memorial Park Fund and $2 shall be deposited into the
8Secretary of State Special License Plate Fund.
9 (d) The Illinois State Police Memorial Park Fund is created
10as a special fund in the State treasury. All moneys in the
11Illinois State Police Memorial Park Fund shall be paid, subject
12to appropriation by the General Assembly and distribution by
13the Secretary, as grants to the Illinois State Police Heritage
14Foundation, Inc. for building and maintaining a memorial and
15park, holding an annual memorial commemoration, giving
16scholarships to children of State police officers killed or
17catastrophically injured in the line of duty, and providing
18financial assistance to police officers and their families when
19a police officer is killed or injured in the line of duty.
20(Source: P.A. 98-469, eff. 8-16-13; revised 10-16-13.)
21 (625 ILCS 5/3-918)
22 Sec. 3-918. Vehicle registration and insurance. Beginning
23with the 2016 registration year, any remittance agent engaged
24in the business of remitting applications for the issuance or
25renewal of vehicle registration shall ask applicants for

HB5597- 1384 -LRB098 15874 AMC 50917 b
1information relating to the insurance policy for the motor
2vehicle, including the name of the insurer that issued the
3policy, the policy number, and the expiration date of the
4policy. This information shall be remitted to the Secretary of
5State as part of the application. Failure to obtain this
6information and supply it to the Secretary of State shall
7subject the remittance agent to suspension or revocation of the
8remittance agent's their license as described in Section 3-907
9of this Code.
10(Source: P.A. 98-539, eff. 1-1-14; revised 11-19-13.)
11 (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
12 Sec. 5-301. Automotive parts recyclers, scrap processors,
13repairers and rebuilders must be licensed.
14 (a) No person in this State shall, except as an incident to
15the servicing of vehicles, carry on or conduct the business of
16an a automotive parts recycler recyclers, a scrap processor, a
17repairer, or a rebuilder, unless licensed to do so in writing
18by the Secretary of State under this Section. No person shall
19rebuild a salvage vehicle unless such person is licensed as a
20rebuilder by the Secretary of State under this Section. No
21person shall engage in the business of acquiring 5 or more
22previously owned vehicles in one calendar year for the primary
23purpose of disposing of those vehicles in the manner described
24in the definition of a "scrap processor" in this Code unless
25the person is licensed as an automotive parts recycler by the

HB5597- 1385 -LRB098 15874 AMC 50917 b
1Secretary of State under this Section. Each license shall be
2applied for and issued separately, except that a license issued
3to a new vehicle dealer under Section 5-101 of this Code shall
4also be deemed to be a repairer license.
5 (b) Any application filed with the Secretary of State,
6shall be duly verified by oath, in such form as the Secretary
7of State may by rule or regulation prescribe and shall contain:
8 1. The name and type of business organization of the
9 applicant and his principal or additional places of
10 business, if any, in this State.
11 2. The kind or kinds of business enumerated in
12 subsection (a) of this Section to be conducted at each
13 location.
14 3. If the applicant is a corporation, a list of its
15 officers, directors, and shareholders having a ten percent
16 or greater ownership interest in the corporation, setting
17 forth the residence address of each; if the applicant is a
18 sole proprietorship, a partnership, an unincorporated
19 association, a trust, or any similar form of business
20 organization, the names and residence address of the
21 proprietor or of each partner, member, officer, director,
22 trustee or manager.
23 4. A statement that the applicant's officers,
24 directors, shareholders having a ten percent or greater
25 ownership interest therein, proprietor, partner, member,
26 officer, director, trustee, manager, or other principals

HB5597- 1386 -LRB098 15874 AMC 50917 b
1 in the business have not committed in the past three years
2 any one violation as determined in any civil or criminal or
3 administrative proceedings of any one of the following
4 Acts:
5 (a) The Anti-Theft Anti Theft Laws of the Illinois
6 Vehicle Code;
7 (b) The "Certificate of Title Laws" of the Illinois
8 Vehicle Code;
9 (c) The "Offenses against Registration and
10 Certificates of Title Laws" of the Illinois Vehicle
11 Code;
12 (d) The "Dealers, Transporters, Wreckers and
13 Rebuilders Laws" of the Illinois Vehicle Code;
14 (e) Section 21-2 of the Criminal Code of 1961 or
15 the Criminal Code of 2012, Criminal Trespass to
16 Vehicles; or
17 (f) The Retailers Occupation Tax Act.
18 5. A statement that the applicant's officers,
19 directors, shareholders having a ten percent or greater
20 ownership interest therein, proprietor, partner, member,
21 officer, director, trustee, manager or other principals in
22 the business have not committed in any calendar year 3 or
23 more violations, as determined in any civil or criminal or
24 administrative proceedings, of any one or more of the
25 following Acts:
26 (a) The Consumer Finance Act;

HB5597- 1387 -LRB098 15874 AMC 50917 b
1 (b) The Consumer Installment Loan Act;
2 (c) The Retail Installment Sales Act;
3 (d) The Motor Vehicle Retail Installment Sales
4 Act;
5 (e) The Interest Act;
6 (f) The Illinois Wage Assignment Act;
7 (g) Part 8 of Article XII of the Code of Civil
8 Procedure; or
9 (h) The Consumer Fraud Act.
10 6. An application for a license shall be accompanied by
11 the following fees: $50 for applicant's established place
12 of business; $25 for each additional place of business, if
13 any, to which the application pertains; provided, however,
14 that if such an application is made after June 15 of any
15 year, the license fee shall be $25 for applicant's
16 established place of business plus $12.50 for each
17 additional place of business, if any, to which the
18 application pertains. License fees shall be returnable
19 only in the event that such application shall be denied by
20 the Secretary of State.
21 7. A statement that the applicant understands Chapter 1
22 through Chapter 5 of this Code.
23 8. A statement that the applicant shall comply with
24 subsection (e) of this Section.
25 (c) Any change which renders no longer accurate any
26information contained in any application for a license filed

HB5597- 1388 -LRB098 15874 AMC 50917 b
1with the Secretary of State shall be amended within 30 days
2after the occurrence of such change on such form as the
3Secretary of State may prescribe by rule or regulation,
4accompanied by an amendatory fee of $2.
5 (d) Anything in this chapter to the contrary,
6notwithstanding, no person shall be licensed under this Section
7unless such person shall maintain an established place of
8business as defined in this Chapter.
9 (e) The Secretary of State shall within a reasonable time
10after receipt thereof, examine an application submitted to him
11under this Section and unless he makes a determination that the
12application submitted to him does not conform with the
13requirements of this Section or that grounds exist for a denial
14of the application, as prescribed in Section 5-501 of this
15Chapter, grant the applicant an original license as applied for
16in writing for his established place of business and a
17supplemental license in writing for each additional place of
18business in such form as he may prescribe by rule or regulation
19which shall include the following:
20 1. The name of the person licensed;
21 2. If a corporation, the name and address of its
22 officers or if a sole proprietorship, a partnership, an
23 unincorporated association or any similar form of business
24 organization, the name and address of the proprietor or of
25 each partner, member, officer, director, trustee or
26 manager;

HB5597- 1389 -LRB098 15874 AMC 50917 b
1 3. A designation of the kind or kinds of business
2 enumerated in subsection (a) of this Section to be
3 conducted at each location;
4 4. In the case of an original license, the established
5 place of business of the licensee;
6 5. In the case of a supplemental license, the
7 established place of business of the licensee and the
8 additional place of business to which such supplemental
9 license pertains.
10 (f) The appropriate instrument evidencing the license or a
11certified copy thereof, provided by the Secretary of State
12shall be kept, posted, conspicuously in the established place
13of business of the licensee and in each additional place of
14business, if any, maintained by such licensee. The licensee
15also shall post conspicuously in the established place of
16business and in each additional place of business a notice
17which states that such business is required to be licensed by
18the Secretary of State under Section 5-301, and which provides
19the license number of the business and the license expiration
20date. This notice also shall advise the consumer that any
21complaints as to the quality of service may be brought to the
22attention of the Attorney General. The information required on
23this notice also shall be printed conspicuously on all
24estimates and receipts for work by the licensee subject to this
25Section. The Secretary of State shall prescribe the specific
26format of this notice.

HB5597- 1390 -LRB098 15874 AMC 50917 b
1 (g) Except as provided in subsection (h) hereof, licenses
2granted under this Section shall expire by operation of law on
3December 31 of the calendar year for which they are granted
4unless sooner revoked or cancelled under the provisions of
5Section 5-501 of this Chapter.
6 (h) Any license granted under this Section may be renewed
7upon application and payment of the fee required herein as in
8the case of an original license, provided, however, that in
9case an application for the renewal of an effective license is
10made during the month of December, such effective license shall
11remain in force until such application is granted or denied by
12the Secretary of State.
13 (i) All automotive repairers and rebuilders shall, in
14addition to the requirements of subsections (a) through (h) of
15this Section, meet the following licensing requirements:
16 1. Provide proof that the property on which first time
17 applicants plan to do business is in compliance with local
18 zoning laws and regulations, and a listing of zoning
19 classification;
20 2. Provide proof that the applicant for a repairer's
21 license complies with the proper workers' compensation
22 rate code or classification, and listing the code of
23 classification for that industry;
24 3. Provide proof that the applicant for a rebuilder's
25 license complies with the proper workers' compensation
26 rate code or classification for the repair industry or the

HB5597- 1391 -LRB098 15874 AMC 50917 b
1 auto parts recycling industry and listing the code of
2 classification;
3 4. Provide proof that the applicant has obtained or
4 applied for a hazardous waste generator number, and listing
5 the actual number if available or certificate of exemption;
6 5. Provide proof that applicant has proper liability
7 insurance, and listing the name of the insurer and the
8 policy number; and
9 6. Provide proof that the applicant has obtained or
10 applied for the proper State sales tax classification and
11 federal identification tax number, and listing the actual
12 numbers if available.
13 (i-1) All automotive repairers shall provide proof that
14they comply with all requirements of the Automotive Collision
15Repair Act.
16 (j) All automotive parts recyclers shall, in addition to
17the requirements of subsections (a) through (h) of this
18Section, meet the following licensing requirements:
19 1. Provide a A statement that the applicant purchases 5
20 vehicles per year or has 5 hulks or chassis in stock;
21 2. Provide proof that the property on which all first
22 time applicants will do business does comply to the proper
23 local zoning laws in existence, and a listing of zoning
24 classifications;
25 3. Provide proof that applicant complies with the
26 proper workers' compensation rate code or classification,

HB5597- 1392 -LRB098 15874 AMC 50917 b
1 and listing the code of classification; and
2 4. Provide proof that applicant has obtained or applied
3 for the proper State sales tax classification and federal
4 identification tax number, and listing the actual numbers
5 if available.
6(Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13;
7revised 9-24-13.)
8 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
9 (Text of Section before amendment by P.A. 98-167)
10 Sec. 6-103. What persons shall not be licensed as drivers
11or granted permits. The Secretary of State shall not issue,
12renew, or allow the retention of any driver's license nor issue
13any permit under this Code:
14 1. To any person, as a driver, who is under the age of
15 18 years except as provided in Section 6-107, and except
16 that an instruction permit may be issued under Section
17 6-107.1 to a child who is not less than 15 years of age if
18 the child is enrolled in an approved driver education
19 course as defined in Section 1-103 of this Code and
20 requires an instruction permit to participate therein,
21 except that an instruction permit may be issued under the
22 provisions of Section 6-107.1 to a child who is 17 years
23 and 3 months of age without the child having enrolled in an
24 approved driver education course and except that an
25 instruction permit may be issued to a child who is at least

HB5597- 1393 -LRB098 15874 AMC 50917 b
1 15 years and 3 months of age, is enrolled in school, meets
2 the educational requirements of the Driver Education Act,
3 and has passed examinations the Secretary of State in his
4 or her discretion may prescribe;
5 2. To any person who is under the age of 18 as an
6 operator of a motorcycle other than a motor driven cycle
7 unless the person has, in addition to meeting the
8 provisions of Section 6-107 of this Code, successfully
9 completed a motorcycle training course approved by the
10 Illinois Department of Transportation and successfully
11 completes the required Secretary of State's motorcycle
12 driver's examination;
13 3. To any person, as a driver, whose driver's license
14 or permit has been suspended, during the suspension, nor to
15 any person whose driver's license or permit has been
16 revoked, except as provided in Sections 6-205, 6-206, and
17 6-208;
18 4. To any person, as a driver, who is a user of alcohol
19 or any other drug to a degree that renders the person
20 incapable of safely driving a motor vehicle;
21 5. To any person, as a driver, who has previously been
22 adjudged to be afflicted with or suffering from any mental
23 or physical disability or disease and who has not at the
24 time of application been restored to competency by the
25 methods provided by law;
26 6. To any person, as a driver, who is required by the

HB5597- 1394 -LRB098 15874 AMC 50917 b
1 Secretary of State to submit an alcohol and drug evaluation
2 or take an examination provided for in this Code unless the
3 person has successfully passed the examination and
4 submitted any required evaluation;
5 7. To any person who is required under the provisions
6 of the laws of this State to deposit security or proof of
7 financial responsibility and who has not deposited the
8 security or proof;
9 8. To any person when the Secretary of State has good
10 cause to believe that the person by reason of physical or
11 mental disability would not be able to safely operate a
12 motor vehicle upon the highways, unless the person shall
13 furnish to the Secretary of State a verified written
14 statement, acceptable to the Secretary of State, from a
15 competent medical specialist, a licensed physician
16 assistant who has been delegated the performance of medical
17 examinations by his or her supervising physician, or a
18 licensed advanced practice nurse who has a written
19 collaborative agreement with a collaborating physician
20 which authorizes him or her to perform medical
21 examinations, to the effect that the operation of a motor
22 vehicle by the person would not be inimical to the public
23 safety;
24 9. To any person, as a driver, who is 69 years of age
25 or older, unless the person has successfully complied with
26 the provisions of Section 6-109;

HB5597- 1395 -LRB098 15874 AMC 50917 b
1 10. To any person convicted, within 12 months of
2 application for a license, of any of the sexual offenses
3 enumerated in paragraph 2 of subsection (b) of Section
4 6-205;
5 11. To any person who is under the age of 21 years with
6 a classification prohibited in paragraph (b) of Section
7 6-104 and to any person who is under the age of 18 years
8 with a classification prohibited in paragraph (c) of
9 Section 6-104;
10 12. To any person who has been either convicted of or
11 adjudicated under the Juvenile Court Act of 1987 based upon
12 a violation of the Cannabis Control Act, the Illinois
13 Controlled Substances Act, or the Methamphetamine Control
14 and Community Protection Act while that person was in
15 actual physical control of a motor vehicle. For purposes of
16 this Section, any person placed on probation under Section
17 10 of the Cannabis Control Act, Section 410 of the Illinois
18 Controlled Substances Act, or Section 70 of the
19 Methamphetamine Control and Community Protection Act shall
20 not be considered convicted. Any person found guilty of
21 this offense, while in actual physical control of a motor
22 vehicle, shall have an entry made in the court record by
23 the judge that this offense did occur while the person was
24 in actual physical control of a motor vehicle and order the
25 clerk of the court to report the violation to the Secretary
26 of State as such. The Secretary of State shall not issue a

HB5597- 1396 -LRB098 15874 AMC 50917 b
1 new license or permit for a period of one year;
2 13. To any person who is under the age of 18 years and
3 who has committed the offense of operating a motor vehicle
4 without a valid license or permit in violation of Section
5 6-101 or a similar out of state offense;
6 14. To any person who is 90 days or more delinquent in
7 court ordered child support payments or has been
8 adjudicated in arrears in an amount equal to 90 days'
9 obligation or more and who has been found in contempt of
10 court for failure to pay the support, subject to the
11 requirements and procedures of Article VII of Chapter 7 of
12 the Illinois Vehicle Code;
13 14.5. To any person certified by the Illinois
14 Department of Healthcare and Family Services as being 90
15 days or more delinquent in payment of support under an
16 order of support entered by a court or administrative body
17 of this or any other State, subject to the requirements and
18 procedures of Article VII of Chapter 7 of this Code
19 regarding those certifications;
20 15. To any person released from a term of imprisonment
21 for violating Section 9-3 of the Criminal Code of 1961 or
22 the Criminal Code of 2012, or a similar provision of a law
23 of another state relating to reckless homicide or for
24 violating subparagraph (F) of paragraph (1) of subsection
25 (d) of Section 11-501 of this Code relating to aggravated
26 driving under the influence of alcohol, other drug or

HB5597- 1397 -LRB098 15874 AMC 50917 b
1 drugs, intoxicating compound or compounds, or any
2 combination thereof, if the violation was the proximate
3 cause of a death, within 24 months of release from a term
4 of imprisonment;
5 16. To any person who, with intent to influence any act
6 related to the issuance of any driver's license or permit,
7 by an employee of the Secretary of State's Office, or the
8 owner or employee of any commercial driver training school
9 licensed by the Secretary of State, or any other individual
10 authorized by the laws of this State to give driving
11 instructions or administer all or part of a driver's
12 license examination, promises or tenders to that person any
13 property or personal advantage which that person is not
14 authorized by law to accept. Any persons promising or
15 tendering such property or personal advantage shall be
16 disqualified from holding any class of driver's license or
17 permit for 120 consecutive days. The Secretary of State
18 shall establish by rule the procedures for implementing
19 this period of disqualification and the procedures by which
20 persons so disqualified may obtain administrative review
21 of the decision to disqualify;
22 17. To any person for whom the Secretary of State
23 cannot verify the accuracy of any information or
24 documentation submitted in application for a driver's
25 license; or
26 18. To any person who has been adjudicated under the

HB5597- 1398 -LRB098 15874 AMC 50917 b
1 Juvenile Court Act of 1987 based upon an offense that is
2 determined by the court to have been committed in
3 furtherance of the criminal activities of an organized
4 gang, as provided in Section 5-710 of that Act, and that
5 involved the operation or use of a motor vehicle or the use
6 of a driver's license or permit. The person shall be denied
7 a license or permit for the period determined by the court.
8 The Secretary of State shall retain all conviction
9information, if the information is required to be held
10confidential under the Juvenile Court Act of 1987.
11(Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10;
1296-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff.
137-22-11; 97-1150, eff. 1-25-13.)
14 (Text of Section after amendment by P.A. 98-167)
15 Sec. 6-103. What persons shall not be licensed as drivers
16or granted permits. The Secretary of State shall not issue,
17renew, or allow the retention of any driver's license nor issue
18any permit under this Code:
19 1. To any person, as a driver, who is under the age of
20 18 years except as provided in Section 6-107, and except
21 that an instruction permit may be issued under Section
22 6-107.1 to a child who is not less than 15 years of age if
23 the child is enrolled in an approved driver education
24 course as defined in Section 1-103 of this Code and
25 requires an instruction permit to participate therein,

HB5597- 1399 -LRB098 15874 AMC 50917 b
1 except that an instruction permit may be issued under the
2 provisions of Section 6-107.1 to a child who is 17 years
3 and 3 months of age without the child having enrolled in an
4 approved driver education course and except that an
5 instruction permit may be issued to a child who is at least
6 15 years and 3 months of age, is enrolled in school, meets
7 the educational requirements of the Driver Education Act,
8 and has passed examinations the Secretary of State in his
9 or her discretion may prescribe;
10 1.5. To any person at least 18 years of age but less
11 than 21 years of age unless the person has, in addition to
12 any other requirements of this Code, successfully
13 completed an adult driver education course as provided in
14 Section 6-107.5 of this Code; .
15 2. To any person who is under the age of 18 as an
16 operator of a motorcycle other than a motor driven cycle
17 unless the person has, in addition to meeting the
18 provisions of Section 6-107 of this Code, successfully
19 completed a motorcycle training course approved by the
20 Illinois Department of Transportation and successfully
21 completes the required Secretary of State's motorcycle
22 driver's examination;
23 3. To any person, as a driver, whose driver's license
24 or permit has been suspended, during the suspension, nor to
25 any person whose driver's license or permit has been
26 revoked, except as provided in Sections 6-205, 6-206, and

HB5597- 1400 -LRB098 15874 AMC 50917 b
1 6-208;
2 4. To any person, as a driver, who is a user of alcohol
3 or any other drug to a degree that renders the person
4 incapable of safely driving a motor vehicle;
5 5. To any person, as a driver, who has previously been
6 adjudged to be afflicted with or suffering from any mental
7 or physical disability or disease and who has not at the
8 time of application been restored to competency by the
9 methods provided by law;
10 6. To any person, as a driver, who is required by the
11 Secretary of State to submit an alcohol and drug evaluation
12 or take an examination provided for in this Code unless the
13 person has successfully passed the examination and
14 submitted any required evaluation;
15 7. To any person who is required under the provisions
16 of the laws of this State to deposit security or proof of
17 financial responsibility and who has not deposited the
18 security or proof;
19 8. To any person when the Secretary of State has good
20 cause to believe that the person by reason of physical or
21 mental disability would not be able to safely operate a
22 motor vehicle upon the highways, unless the person shall
23 furnish to the Secretary of State a verified written
24 statement, acceptable to the Secretary of State, from a
25 competent medical specialist, a licensed physician
26 assistant who has been delegated the performance of medical

HB5597- 1401 -LRB098 15874 AMC 50917 b
1 examinations by his or her supervising physician, or a
2 licensed advanced practice nurse who has a written
3 collaborative agreement with a collaborating physician
4 which authorizes him or her to perform medical
5 examinations, to the effect that the operation of a motor
6 vehicle by the person would not be inimical to the public
7 safety;
8 9. To any person, as a driver, who is 69 years of age
9 or older, unless the person has successfully complied with
10 the provisions of Section 6-109;
11 10. To any person convicted, within 12 months of
12 application for a license, of any of the sexual offenses
13 enumerated in paragraph 2 of subsection (b) of Section
14 6-205;
15 11. To any person who is under the age of 21 years with
16 a classification prohibited in paragraph (b) of Section
17 6-104 and to any person who is under the age of 18 years
18 with a classification prohibited in paragraph (c) of
19 Section 6-104;
20 12. To any person who has been either convicted of or
21 adjudicated under the Juvenile Court Act of 1987 based upon
22 a violation of the Cannabis Control Act, the Illinois
23 Controlled Substances Act, or the Methamphetamine Control
24 and Community Protection Act while that person was in
25 actual physical control of a motor vehicle. For purposes of
26 this Section, any person placed on probation under Section

HB5597- 1402 -LRB098 15874 AMC 50917 b
1 10 of the Cannabis Control Act, Section 410 of the Illinois
2 Controlled Substances Act, or Section 70 of the
3 Methamphetamine Control and Community Protection Act shall
4 not be considered convicted. Any person found guilty of
5 this offense, while in actual physical control of a motor
6 vehicle, shall have an entry made in the court record by
7 the judge that this offense did occur while the person was
8 in actual physical control of a motor vehicle and order the
9 clerk of the court to report the violation to the Secretary
10 of State as such. The Secretary of State shall not issue a
11 new license or permit for a period of one year;
12 13. To any person who is under the age of 18 years and
13 who has committed the offense of operating a motor vehicle
14 without a valid license or permit in violation of Section
15 6-101 or a similar out of state offense;
16 14. To any person who is 90 days or more delinquent in
17 court ordered child support payments or has been
18 adjudicated in arrears in an amount equal to 90 days'
19 obligation or more and who has been found in contempt of
20 court for failure to pay the support, subject to the
21 requirements and procedures of Article VII of Chapter 7 of
22 the Illinois Vehicle Code;
23 14.5. To any person certified by the Illinois
24 Department of Healthcare and Family Services as being 90
25 days or more delinquent in payment of support under an
26 order of support entered by a court or administrative body

HB5597- 1403 -LRB098 15874 AMC 50917 b
1 of this or any other State, subject to the requirements and
2 procedures of Article VII of Chapter 7 of this Code
3 regarding those certifications;
4 15. To any person released from a term of imprisonment
5 for violating Section 9-3 of the Criminal Code of 1961 or
6 the Criminal Code of 2012, or a similar provision of a law
7 of another state relating to reckless homicide or for
8 violating subparagraph (F) of paragraph (1) of subsection
9 (d) of Section 11-501 of this Code relating to aggravated
10 driving under the influence of alcohol, other drug or
11 drugs, intoxicating compound or compounds, or any
12 combination thereof, if the violation was the proximate
13 cause of a death, within 24 months of release from a term
14 of imprisonment;
15 16. To any person who, with intent to influence any act
16 related to the issuance of any driver's license or permit,
17 by an employee of the Secretary of State's Office, or the
18 owner or employee of any commercial driver training school
19 licensed by the Secretary of State, or any other individual
20 authorized by the laws of this State to give driving
21 instructions or administer all or part of a driver's
22 license examination, promises or tenders to that person any
23 property or personal advantage which that person is not
24 authorized by law to accept. Any persons promising or
25 tendering such property or personal advantage shall be
26 disqualified from holding any class of driver's license or

HB5597- 1404 -LRB098 15874 AMC 50917 b
1 permit for 120 consecutive days. The Secretary of State
2 shall establish by rule the procedures for implementing
3 this period of disqualification and the procedures by which
4 persons so disqualified may obtain administrative review
5 of the decision to disqualify;
6 17. To any person for whom the Secretary of State
7 cannot verify the accuracy of any information or
8 documentation submitted in application for a driver's
9 license; or
10 18. To any person who has been adjudicated under the
11 Juvenile Court Act of 1987 based upon an offense that is
12 determined by the court to have been committed in
13 furtherance of the criminal activities of an organized
14 gang, as provided in Section 5-710 of that Act, and that
15 involved the operation or use of a motor vehicle or the use
16 of a driver's license or permit. The person shall be denied
17 a license or permit for the period determined by the court.
18 The Secretary of State shall retain all conviction
19information, if the information is required to be held
20confidential under the Juvenile Court Act of 1987.
21(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;
2298-167, eff. 7-1-14; revised 9-18-13.)
23 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
24 Sec. 6-106. Application for license or instruction permit.
25 (a) Every application for any permit or license authorized

HB5597- 1405 -LRB098 15874 AMC 50917 b
1to be issued under this Code Act shall be made upon a form
2furnished by the Secretary of State. Every application shall be
3accompanied by the proper fee and payment of such fee shall
4entitle the applicant to not more than 3 attempts to pass the
5examination within a period of one 1 year after the date of
6application.
7 (b) Every application shall state the legal name, social
8security number, zip code, date of birth, sex, and residence
9address of the applicant; briefly describe the applicant; state
10whether the applicant has theretofore been licensed as a
11driver, and, if so, when and by what state or country, and
12whether any such license has ever been cancelled, suspended,
13revoked or refused, and, if so, the date and reason for such
14cancellation, suspension, revocation or refusal; shall include
15an affirmation by the applicant that all information set forth
16is true and correct; and shall bear the applicant's signature.
17In addition to the residence address, the Secretary may allow
18the applicant to provide a mailing address. In the case of an
19applicant who is a judicial officer or peace officer, the
20Secretary may allow the applicant to provide an office or work
21address in lieu of a residence or mailing address. The
22application form may also require the statement of such
23additional relevant information as the Secretary of State shall
24deem necessary to determine the applicant's competency and
25eligibility. The Secretary of State may, in his discretion, by
26rule or regulation, provide that an application for a drivers

HB5597- 1406 -LRB098 15874 AMC 50917 b
1license or permit may include a suitable photograph of the
2applicant in the form prescribed by the Secretary, and he may
3further provide that each drivers license shall include a
4photograph of the driver. The Secretary of State may utilize a
5photograph process or system most suitable to deter alteration
6or improper reproduction of a drivers license and to prevent
7substitution of another photo thereon. For the purposes of this
8subsection (b), "peace officer" means any person who by virtue
9of his or her office or public employment is vested by law with
10a duty to maintain public order or to make arrests for a
11violation of any penal statute of this State, whether that duty
12extends to all violations or is limited to specific violations.
13 (c) The application form shall include a notice to the
14applicant of the registration obligations of sex offenders
15under the Sex Offender Registration Act. The notice shall be
16provided in a form and manner prescribed by the Secretary of
17State. For purposes of this subsection (c), "sex offender" has
18the meaning ascribed to it in Section 2 of the Sex Offender
19Registration Act.
20 (d) Any male United States citizen or immigrant who applies
21for any permit or license authorized to be issued under this
22Code Act or for a renewal of any permit or license, and who is
23at least 18 years of age but less than 26 years of age, must be
24registered in compliance with the requirements of the federal
25Military Selective Service Act. The Secretary of State must
26forward in an electronic format the necessary personal

HB5597- 1407 -LRB098 15874 AMC 50917 b
1information regarding the applicants identified in this
2subsection (d) to the Selective Service System. The applicant's
3signature on the application serves as an indication that the
4applicant either has already registered with the Selective
5Service System or that he is authorizing the Secretary to
6forward to the Selective Service System the necessary
7information for registration. The Secretary must notify the
8applicant at the time of application that his signature
9constitutes consent to registration with the Selective Service
10System, if he is not already registered.
11 (e) Beginning on or before July 1, 2015, for each original
12or renewal driver's license application under this Code Act,
13the Secretary shall inquire as to whether the applicant is a
14veteran for purposes of issuing a driver's license with a
15veteran designation under subsection (e-5) of Section 6-110 of
16this Code Chapter. The acceptable forms of proof shall include,
17but are not limited to, Department of Defense form DD-214. The
18Secretary shall determine by rule what other forms of proof of
19a person's status as a veteran are acceptable.
20 The Illinois Department of Veterans' Affairs shall confirm
21the status of the applicant as an honorably discharged veteran
22before the Secretary may issue the driver's license.
23 For purposes of this subsection (e):
24 "Active duty" means active duty under an executive order of
25the President of the United States, an Act of the Congress of
26the United States, or an order of the Governor.

HB5597- 1408 -LRB098 15874 AMC 50917 b
1 "Armed forces" means any of the Armed Forces of the United
2States, including a member of any reserve component or National
3Guard unit called to active duty.
4 "Veteran" means a person who has served on active duty in
5the armed forces and was discharged or separated under
6honorable conditions.
7(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847,
8eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; revised
911-19-13.)
10 (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
11 Sec. 6-108. Cancellation of license issued to minor.
12 (a) The Secretary of State shall cancel the license or
13permit of any minor under the age of 18 years in any of the
14following events:
15 1. Upon the verified written request of the person who
16 consented to the application of the minor that the license
17 or permit be cancelled;
18 2. Upon receipt of satisfactory evidence of the death
19 of the person who consented to the application of the
20 minor;
21 3. Upon receipt of satisfactory evidence that the
22 person who consented to the application of a minor no
23 longer has legal custody of the minor;
24 4. Upon receipt of information, submitted on a form
25 prescribed by the Secretary of State under Section 26-3a of

HB5597- 1409 -LRB098 15874 AMC 50917 b
1 the School Code and provided voluntarily by nonpublic
2 schools, that a license-holding minor no longer meets the
3 school attendance requirements defined in Section 6-107 of
4 this Code.
5 A minor who provides proof acceptable to the Secretary
6 that the minor has resumed regular school attendance or
7 home instruction or that his or her license or permit was
8 cancelled in error shall have his or her license
9 reinstated. The Secretary shall adopt rules for
10 implementing this subdivision (a)4; .
11 5. Upon determination by the Secretary that at the time
12 of license issuance, the minor held an instruction permit
13 and had a traffic citation for which a disposition had not
14 been rendered.
15 After cancellation, the Secretary of State shall not issue
16a new license or permit until the applicant meets the
17provisions of Section 6-107 of this Code.
18 (b) The Secretary of State shall cancel the license or
19permit of any person under the age of 18 years if he or she is
20convicted of violating the Cannabis Control Act, the Illinois
21Controlled Substances Act, or the Methamphetamine Control and
22Community Protection Act while that person was in actual
23physical control of a motor vehicle. For purposes of this
24Section, any person placed on probation under Section 10 of the
25Cannabis Control Act, Section 410 of the Illinois Controlled
26Substances Act, or Section 70 of the Methamphetamine Control

HB5597- 1410 -LRB098 15874 AMC 50917 b
1and Community Protection Act shall not be considered convicted.
2Any person found guilty of this offense, while in actual
3physical control of a motor vehicle, shall have an entry made
4in the court record by the judge that this offense did occur
5while the person was in actual physical control of a motor
6vehicle and order the clerk of the court to report the
7violation to the Secretary of State as such. After the
8cancellation, the Secretary of State shall not issue a new
9license or permit for a period of one year after the date of
10cancellation or until the minor attains the age of 18 years,
11whichever is longer. However, upon application, the Secretary
12of State may, if satisfied that the person applying will not
13endanger the public safety, or welfare, issue a restricted
14driving permit granting the privilege of driving a motor
15vehicle between the person's residence and person's place of
16employment or within the scope of the person's employment
17related duties, or to allow transportation for the person or a
18household member of the person's family for the receipt of
19necessary medical care or, if the professional evaluation
20indicates, provide transportation for the petitioner for
21alcohol remedial or rehabilitative activity, or for the person
22to attend classes, as a student, in an accredited educational
23institution; if the person is able to demonstrate that no
24alternative means of transportation is reasonably available;
25provided that the Secretary's discretion shall be limited to
26cases where undue hardship would result from a failure to issue

HB5597- 1411 -LRB098 15874 AMC 50917 b
1such restricted driving permit. In each case the Secretary of
2State may issue a restricted driving permit for a period as he
3deems appropriate, except that the permit shall expire within
4one year from the date of issuance. A restricted driving permit
5issued hereunder shall be subject to cancellation, revocation,
6and suspension by the Secretary of State in like manner and for
7like cause as a driver's license issued hereunder may be
8cancelled, revoked, or suspended; except that a conviction upon
9one or more offenses against laws or ordinances regulating the
10movement of traffic shall be deemed sufficient cause for the
11revocation, suspension, or cancellation of a restricted
12driving permit. The Secretary of State may, as a condition to
13the issuance of a restricted driving permit, require the
14applicant to participate in a driver remedial or rehabilitative
15program. Thereafter, upon reapplication for a license as
16provided in Section 6-106 of this Code or a permit as provided
17in Section 6-105 of this Code and upon payment of the
18appropriate application fee, the Secretary of State shall issue
19the applicant a license as provided in Section 6-106 of this
20Code or shall issue the applicant a permit as provided in
21Section 6-105.
22(Source: P.A. 98-168, eff. 1-1-14; revised 11-19-13.)
23 (625 ILCS 5/6-118)
24 (Text of Section before amendment by P.A. 98-176)
25 Sec. 6-118. Fees.

HB5597- 1412 -LRB098 15874 AMC 50917 b
1 (a) The fee for licenses and permits under this Article is
2as follows:
3 Original driver's license.............................$30
4 Original or renewal driver's license
5 issued to 18, 19 and 20 year olds.................. 5
6 All driver's licenses for persons
7 age 69 through age 80.............................. 5
8 All driver's licenses for persons
9 age 81 through age 86.............................. 2
10 All driver's licenses for persons
11 age 87 or older.....................................0
12 Renewal driver's license (except for
13 applicants ages 18, 19 and 20 or
14 age 69 and older)..................................30
15 Original instruction permit issued to
16 persons (except those age 69 and older)
17 who do not hold or have not previously
18 held an Illinois instruction permit or
19 driver's license.................................. 20
20 Instruction permit issued to any person
21 holding an Illinois driver's license
22 who wishes a change in classifications,
23 other than at the time of renewal.................. 5
24 Any instruction permit issued to a person
25 age 69 and older................................... 5
26 Instruction permit issued to any person,

HB5597- 1413 -LRB098 15874 AMC 50917 b
1 under age 69, not currently holding a
2 valid Illinois driver's license or
3 instruction permit but who has
4 previously been issued either document
5 in Illinois....................................... 10
6 Restricted driving permit.............................. 8
7 Monitoring device driving permit...................... 8
8 Duplicate or corrected driver's license
9 or permit.......................................... 5
10 Duplicate or corrected restricted
11 driving permit..................................... 5
12 Duplicate or corrected monitoring
13 device driving permit.................................. 5
14 Duplicate driver's license or permit issued to
15 an active-duty member of the
16 United States Armed Forces,
17 the member's spouse, or
18 the dependent children living
19 with the member................................... 0
20 Original or renewal M or L endorsement................. 5
21SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
22 The fees for commercial driver licenses and permits
23 under Article V shall be as follows:
24 Commercial driver's license:
25 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
26 (Commercial Driver's License Information

HB5597- 1414 -LRB098 15874 AMC 50917 b
1 System/American Association of Motor Vehicle
2 Administrators network/National Motor Vehicle
3 Title Information Service Trust Fund);
4 $20 for the Motor Carrier Safety Inspection Fund;
5 $10 for the driver's license;
6 and $24 for the CDL:............................. $60
7 Renewal commercial driver's license:
8 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
9 $20 for the Motor Carrier Safety Inspection Fund;
10 $10 for the driver's license; and
11 $24 for the CDL:................................. $60
12 Commercial driver instruction permit
13 issued to any person holding a valid
14 Illinois driver's license for the
15 purpose of changing to a
16 CDL classification: $6 for the
17 CDLIS/AAMVAnet/NMVTIS Trust Fund;
18 $20 for the Motor Carrier
19 Safety Inspection Fund; and
20 $24 for the CDL classification................... $50
21 Commercial driver instruction permit
22 issued to any person holding a valid
23 Illinois CDL for the purpose of
24 making a change in a classification,
25 endorsement or restriction........................ $5
26 CDL duplicate or corrected license.................... $5

HB5597- 1415 -LRB098 15874 AMC 50917 b
1 In order to ensure the proper implementation of the Uniform
2Commercial Driver License Act, Article V of this Chapter, the
3Secretary of State is empowered to pro-rate the $24 fee for the
4commercial driver's license proportionate to the expiration
5date of the applicant's Illinois driver's license.
6 The fee for any duplicate license or permit shall be waived
7for any person who presents the Secretary of State's office
8with a police report showing that his license or permit was
9stolen.
10 The fee for any duplicate license or permit shall be waived
11for any person age 60 or older whose driver's license or permit
12has been lost or stolen.
13 No additional fee shall be charged for a driver's license,
14or for a commercial driver's license, when issued to the holder
15of an instruction permit for the same classification or type of
16license who becomes eligible for such license.
17 (b) Any person whose license or privilege to operate a
18motor vehicle in this State has been suspended or revoked under
19Section 3-707, any provision of Chapter 6, Chapter 11, or
20Section 7-205, 7-303, or 7-702 of the Family Financial
21Responsibility Law of this Code, shall in addition to any other
22fees required by this Code, pay a reinstatement fee as follows:
23 Suspension under Section 3-707..................... $100
24 Summary suspension under Section 11-501.1...........$250
25 Summary revocation under Section 11-501.1............$500
26 Other suspension......................................$70

HB5597- 1416 -LRB098 15874 AMC 50917 b
1 Revocation...........................................$500
2 However, any person whose license or privilege to operate a
3motor vehicle in this State has been suspended or revoked for a
4second or subsequent time for a violation of Section 11-501 or
511-501.1 of this Code or a similar provision of a local
6ordinance or a similar out-of-state offense or Section 9-3 of
7the Criminal Code of 1961 or the Criminal Code of 2012 and each
8suspension or revocation was for a violation of Section 11-501
9or 11-501.1 of this Code or a similar provision of a local
10ordinance or a similar out-of-state offense or Section 9-3 of
11the Criminal Code of 1961 or the Criminal Code of 2012 shall
12pay, in addition to any other fees required by this Code, a
13reinstatement fee as follows:
14 Summary suspension under Section 11-501.1............$500
15 Summary revocation under Section 11-501.1............$500
16 Revocation...........................................$500
17 (c) All fees collected under the provisions of this Chapter
186 shall be paid into the Road Fund in the State Treasury except
19as follows:
20 1. The following amounts shall be paid into the Driver
21 Education Fund:
22 (A) $16 of the $20 fee for an original driver's
23 instruction permit;
24 (B) $5 of the $30 fee for an original driver's
25 license;
26 (C) $5 of the $30 fee for a 4 year renewal driver's

HB5597- 1417 -LRB098 15874 AMC 50917 b
1 license;
2 (D) $4 of the $8 fee for a restricted driving
3 permit; and
4 (E) $4 of the $8 fee for a monitoring device
5 driving permit.
6 2. $30 of the $250 fee for reinstatement of a license
7 summarily suspended under Section 11-501.1 shall be
8 deposited into the Drunk and Drugged Driving Prevention
9 Fund. However, for a person whose license or privilege to
10 operate a motor vehicle in this State has been suspended or
11 revoked for a second or subsequent time for a violation of
12 Section 11-501 or 11-501.1 of this Code or Section 9-3 of
13 the Criminal Code of 1961 or the Criminal Code of 2012,
14 $190 of the $500 fee for reinstatement of a license
15 summarily suspended under Section 11-501.1, and $190 of the
16 $500 fee for reinstatement of a revoked license shall be
17 deposited into the Drunk and Drugged Driving Prevention
18 Fund. $190 of the $500 fee for reinstatement of a license
19 summarily revoked pursuant to Section 11-501.1 shall be
20 deposited into the Drunk and Drugged Driving Prevention
21 Fund.
22 3. $6 of such original or renewal fee for a commercial
23 driver's license and $6 of the commercial driver
24 instruction permit fee when such permit is issued to any
25 person holding a valid Illinois driver's license, shall be
26 paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.

HB5597- 1418 -LRB098 15874 AMC 50917 b
1 4. $30 of the $70 fee for reinstatement of a license
2 suspended under the Family Financial Responsibility Law
3 shall be paid into the Family Responsibility Fund.
4 5. The $5 fee for each original or renewal M or L
5 endorsement shall be deposited into the Cycle Rider Safety
6 Training Fund.
7 6. $20 of any original or renewal fee for a commercial
8 driver's license or commercial driver instruction permit
9 shall be paid into the Motor Carrier Safety Inspection
10 Fund.
11 7. The following amounts shall be paid into the General
12 Revenue Fund:
13 (A) $190 of the $250 reinstatement fee for a
14 summary suspension under Section 11-501.1;
15 (B) $40 of the $70 reinstatement fee for any other
16 suspension provided in subsection (b) of this Section;
17 and
18 (C) $440 of the $500 reinstatement fee for a first
19 offense revocation and $310 of the $500 reinstatement
20 fee for a second or subsequent revocation.
21 (d) All of the proceeds of the additional fees imposed by
22this amendatory Act of the 96th General Assembly shall be
23deposited into the Capital Projects Fund.
24 (e) The additional fees imposed by this amendatory Act of
25the 96th General Assembly shall become effective 90 days after
26becoming law.

HB5597- 1419 -LRB098 15874 AMC 50917 b
1 (f) As used in this Section, "active-duty member of the
2United States Armed Forces" means a member of the Armed
3Services or Reserve Forces of the United States or a member of
4the Illinois National Guard who is called to active duty
5pursuant to an executive order of the President of the United
6States, an act of the Congress of the United States, or an
7order of the Governor.
8(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
998-177, eff. 1-1-14.)
10 (Text of Section after amendment by P.A. 98-176)
11 Sec. 6-118. Fees.
12 (a) The fee for licenses and permits under this Article is
13as follows:
14 Original driver's license.............................$30
15 Original or renewal driver's license
16 issued to 18, 19 and 20 year olds.................. 5
17 All driver's licenses for persons
18 age 69 through age 80.............................. 5
19 All driver's licenses for persons
20 age 81 through age 86.............................. 2
21 All driver's licenses for persons
22 age 87 or older.....................................0
23 Renewal driver's license (except for
24 applicants ages 18, 19 and 20 or
25 age 69 and older)..................................30

HB5597- 1420 -LRB098 15874 AMC 50917 b
1 Original instruction permit issued to
2 persons (except those age 69 and older)
3 who do not hold or have not previously
4 held an Illinois instruction permit or
5 driver's license.................................. 20
6 Instruction permit issued to any person
7 holding an Illinois driver's license
8 who wishes a change in classifications,
9 other than at the time of renewal.................. 5
10 Any instruction permit issued to a person
11 age 69 and older................................... 5
12 Instruction permit issued to any person,
13 under age 69, not currently holding a
14 valid Illinois driver's license or
15 instruction permit but who has
16 previously been issued either document
17 in Illinois....................................... 10
18 Restricted driving permit.............................. 8
19 Monitoring device driving permit...................... 8
20 Duplicate or corrected driver's license
21 or permit.......................................... 5
22 Duplicate or corrected restricted
23 driving permit..................................... 5
24 Duplicate or corrected monitoring
25 device driving permit.................................. 5
26 Duplicate driver's license or permit issued to

HB5597- 1421 -LRB098 15874 AMC 50917 b
1 an active-duty member of the
2 United States Armed Forces,
3 the member's spouse, or
4 the dependent children living
5 with the member................................... 0
6 Original or renewal M or L endorsement................. 5
7SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
8 The fees for commercial driver licenses and permits
9 under Article V shall be as follows:
10 Commercial driver's license:
11 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
12 (Commercial Driver's License Information
13 System/American Association of Motor Vehicle
14 Administrators network/National Motor Vehicle
15 Title Information Service Trust Fund);
16 $20 for the Motor Carrier Safety Inspection Fund;
17 $10 for the driver's license;
18 and $24 for the CDL:............................. $60
19 Renewal commercial driver's license:
20 $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
21 $20 for the Motor Carrier Safety Inspection Fund;
22 $10 for the driver's license; and
23 $24 for the CDL:................................. $60
24 Commercial learner's permit
25 issued to any person holding a valid
26 Illinois driver's license for the

HB5597- 1422 -LRB098 15874 AMC 50917 b
1 purpose of changing to a
2 CDL classification: $6 for the
3 CDLIS/AAMVAnet/NMVTIS Trust Fund;
4 $20 for the Motor Carrier
5 Safety Inspection Fund; and
6 $24 for the CDL classification................... $50
7 Commercial learner's permit
8 issued to any person holding a valid
9 Illinois CDL for the purpose of
10 making a change in a classification,
11 endorsement or restriction........................ $5
12 CDL duplicate or corrected license.................... $5
13 In order to ensure the proper implementation of the Uniform
14Commercial Driver License Act, Article V of this Chapter, the
15Secretary of State is empowered to pro-rate the $24 fee for the
16commercial driver's license proportionate to the expiration
17date of the applicant's Illinois driver's license.
18 The fee for any duplicate license or permit shall be waived
19for any person who presents the Secretary of State's office
20with a police report showing that his license or permit was
21stolen.
22 The fee for any duplicate license or permit shall be waived
23for any person age 60 or older whose driver's license or permit
24has been lost or stolen.
25 No additional fee shall be charged for a driver's license,
26or for a commercial driver's license, when issued to the holder

HB5597- 1423 -LRB098 15874 AMC 50917 b
1of an instruction permit for the same classification or type of
2license who becomes eligible for such license.
3 (b) Any person whose license or privilege to operate a
4motor vehicle in this State has been suspended or revoked under
5Section 3-707, any provision of Chapter 6, Chapter 11, or
6Section 7-205, 7-303, or 7-702 of the Family Financial
7Responsibility Law of this Code, shall in addition to any other
8fees required by this Code, pay a reinstatement fee as follows:
9 Suspension under Section 3-707..................... $100
10 Summary suspension under Section 11-501.1...........$250
11 Summary revocation under Section 11-501.1............$500
12 Other suspension......................................$70
13 Revocation...........................................$500
14 However, any person whose license or privilege to operate a
15motor vehicle in this State has been suspended or revoked for a
16second or subsequent time for a violation of Section 11-501 or
1711-501.1 of this Code or a similar provision of a local
18ordinance or a similar out-of-state offense or Section 9-3 of
19the Criminal Code of 1961 or the Criminal Code of 2012 and each
20suspension or revocation was for a violation of Section 11-501
21or 11-501.1 of this Code or a similar provision of a local
22ordinance or a similar out-of-state offense or Section 9-3 of
23the Criminal Code of 1961 or the Criminal Code of 2012 shall
24pay, in addition to any other fees required by this Code, a
25reinstatement fee as follows:
26 Summary suspension under Section 11-501.1............$500

HB5597- 1424 -LRB098 15874 AMC 50917 b
1 Summary revocation under Section 11-501.1............$500
2 Revocation...........................................$500
3 (c) All fees collected under the provisions of this Chapter
46 shall be paid into the Road Fund in the State Treasury except
5as follows:
6 1. The following amounts shall be paid into the Driver
7 Education Fund:
8 (A) $16 of the $20 fee for an original driver's
9 instruction permit;
10 (B) $5 of the $30 fee for an original driver's
11 license;
12 (C) $5 of the $30 fee for a 4 year renewal driver's
13 license;
14 (D) $4 of the $8 fee for a restricted driving
15 permit; and
16 (E) $4 of the $8 fee for a monitoring device
17 driving permit.
18 2. $30 of the $250 fee for reinstatement of a license
19 summarily suspended under Section 11-501.1 shall be
20 deposited into the Drunk and Drugged Driving Prevention
21 Fund. However, for a person whose license or privilege to
22 operate a motor vehicle in this State has been suspended or
23 revoked for a second or subsequent time for a violation of
24 Section 11-501 or 11-501.1 of this Code or Section 9-3 of
25 the Criminal Code of 1961 or the Criminal Code of 2012,
26 $190 of the $500 fee for reinstatement of a license

HB5597- 1425 -LRB098 15874 AMC 50917 b
1 summarily suspended under Section 11-501.1, and $190 of the
2 $500 fee for reinstatement of a revoked license shall be
3 deposited into the Drunk and Drugged Driving Prevention
4 Fund. $190 of the $500 fee for reinstatement of a license
5 summarily revoked pursuant to Section 11-501.1 shall be
6 deposited into the Drunk and Drugged Driving Prevention
7 Fund.
8 3. $6 of the original or renewal fee for a commercial
9 driver's license and $6 of the commercial learner's permit
10 fee when the permit is issued to any person holding a valid
11 Illinois driver's license, shall be paid into the
12 CDLIS/AAMVAnet/NMVTIS Trust Fund.
13 4. $30 of the $70 fee for reinstatement of a license
14 suspended under the Family Financial Responsibility Law
15 shall be paid into the Family Responsibility Fund.
16 5. The $5 fee for each original or renewal M or L
17 endorsement shall be deposited into the Cycle Rider Safety
18 Training Fund.
19 6. $20 of any original or renewal fee for a commercial
20 driver's license or commercial learner's permit shall be
21 paid into the Motor Carrier Safety Inspection Fund.
22 7. The following amounts shall be paid into the General
23 Revenue Fund:
24 (A) $190 of the $250 reinstatement fee for a
25 summary suspension under Section 11-501.1;
26 (B) $40 of the $70 reinstatement fee for any other

HB5597- 1426 -LRB098 15874 AMC 50917 b
1 suspension provided in subsection (b) of this Section;
2 and
3 (C) $440 of the $500 reinstatement fee for a first
4 offense revocation and $310 of the $500 reinstatement
5 fee for a second or subsequent revocation.
6 (d) All of the proceeds of the additional fees imposed by
7this amendatory Act of the 96th General Assembly shall be
8deposited into the Capital Projects Fund.
9 (e) The additional fees imposed by this amendatory Act of
10the 96th General Assembly shall become effective 90 days after
11becoming law.
12 (f) As used in this Section, "active-duty member of the
13United States Armed Forces" means a member of the Armed
14Services or Reserve Forces of the United States or a member of
15the Illinois National Guard who is called to active duty
16pursuant to an executive order of the President of the United
17States, an act of the Congress of the United States, or an
18order of the Governor.
19(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
2098-176, eff. 7-1-14; 98-177, eff. 1-1-14; revised 9-19-13.)
21 (625 ILCS 5/6-201)
22 (Text of Section before amendment by P.A. 98-176)
23 Sec. 6-201. Authority to cancel licenses and permits.
24 (a) The Secretary of State is authorized to cancel any
25license or permit upon determining that the holder thereof:

HB5597- 1427 -LRB098 15874 AMC 50917 b
1 1. was not entitled to the issuance thereof hereunder;
2 or
3 2. failed to give the required or correct information
4 in his application; or
5 3. failed to pay any fees, civil penalties owed to the
6 Illinois Commerce Commission, or taxes due under this Act
7 and upon reasonable notice and demand; or
8 4. committed any fraud in the making of such
9 application; or
10 5. is ineligible therefor under the provisions of
11 Section 6-103 of this Act, as amended; or
12 6. has refused or neglected to submit an alcohol, drug,
13 and intoxicating compound evaluation or to submit to
14 examination or re-examination as required under this Act;
15 or
16 7. has been convicted of violating the Cannabis Control
17 Act, the Illinois Controlled Substances Act, the
18 Methamphetamine Control and Community Protection Act, or
19 the Use of Intoxicating Compounds Act while that individual
20 was in actual physical control of a motor vehicle. For
21 purposes of this Section, any person placed on probation
22 under Section 10 of the Cannabis Control Act, Section 410
23 of the Illinois Controlled Substances Act, or Section 70 of
24 the Methamphetamine Control and Community Protection Act
25 shall not be considered convicted. Any person found guilty
26 of this offense, while in actual physical control of a

HB5597- 1428 -LRB098 15874 AMC 50917 b
1 motor vehicle, shall have an entry made in the court record
2 by the judge that this offense did occur while the person
3 was in actual physical control of a motor vehicle and order
4 the clerk of the court to report the violation to the
5 Secretary of State as such. After the cancellation, the
6 Secretary of State shall not issue a new license or permit
7 for a period of one year after the date of cancellation.
8 However, upon application, the Secretary of State may, if
9 satisfied that the person applying will not endanger the
10 public safety, or welfare, issue a restricted driving
11 permit granting the privilege of driving a motor vehicle
12 between the petitioner's residence and petitioner's place
13 of employment or within the scope of the petitioner's
14 employment related duties, or to allow transportation for
15 the petitioner or a household member of the petitioner's
16 family for the receipt of necessary medical care, or
17 provide transportation for the petitioner to and from
18 alcohol or drug remedial or rehabilitative activity
19 recommended by a licensed service provider, or for the
20 petitioner to attend classes, as a student, in an
21 accredited educational institution. The petitioner must
22 demonstrate that no alternative means of transportation is
23 reasonably available; provided that the Secretary's
24 discretion shall be limited to cases where undue hardship,
25 as defined by the rules of the Secretary of State, would
26 result from a failure to issue such restricted driving

HB5597- 1429 -LRB098 15874 AMC 50917 b
1 permit. In each case the Secretary of State may issue such
2 restricted driving permit for such period as he deems
3 appropriate, except that such permit shall expire within
4 one year from the date of issuance. A restricted driving
5 permit issued hereunder shall be subject to cancellation,
6 revocation and suspension by the Secretary of State in like
7 manner and for like cause as a driver's license issued
8 hereunder may be cancelled, revoked or suspended; except
9 that a conviction upon one or more offenses against laws or
10 ordinances regulating the movement of traffic shall be
11 deemed sufficient cause for the revocation, suspension or
12 cancellation of a restricted driving permit. The Secretary
13 of State may, as a condition to the issuance of a
14 restricted driving permit, require the applicant to
15 participate in a driver remedial or rehabilitative
16 program. In accordance with 49 C.F.R. 384, the Secretary of
17 State may not issue a restricted driving permit for the
18 operation of a commercial motor vehicle to a person holding
19 a CDL whose driving privileges have been revoked,
20 suspended, cancelled, or disqualified under this Code; or
21 8. failed to submit a report as required by Section
22 6-116.5 of this Code; or
23 9. has been convicted of a sex offense as defined in
24 the Sex Offender Registration Act. The driver's license
25 shall remain cancelled until the driver registers as a sex
26 offender as required by the Sex Offender Registration Act,

HB5597- 1430 -LRB098 15874 AMC 50917 b
1 proof of the registration is furnished to the Secretary of
2 State and the sex offender provides proof of current
3 address to the Secretary; or
4 10. is ineligible for a license or permit under Section
5 6-107, 6-107.1, or 6-108 of this Code; or
6 11. refused or neglected to appear at a Driver Services
7 facility to have the license or permit corrected and a new
8 license or permit issued or to present documentation for
9 verification of identity; or
10 12. failed to submit a medical examiner's certificate
11 or medical variance as required by 49 C.F.R. 383.71 or
12 submitted a fraudulent medical examiner's certificate or
13 medical variance; or
14 13. has had his or her medical examiner's certificate,
15 medical variance, or both removed or rescinded by the
16 Federal Motor Carrier Safety Administration; or
17 14. failed to self-certify as to the type of driving in
18 which the CDL driver engages or expects to engage; or
19 15. has submitted acceptable documentation indicating
20 out-of-state residency to the Secretary of State to be
21 released from the requirement of showing proof of financial
22 responsibility in this State.
23 (b) Upon such cancellation the licensee or permittee must
24surrender the license or permit so cancelled to the Secretary
25of State.
26 (c) Except as provided in Sections 6-206.1 and 7-702.1, the

HB5597- 1431 -LRB098 15874 AMC 50917 b
1Secretary of State shall have exclusive authority to grant,
2issue, deny, cancel, suspend and revoke driving privileges,
3drivers' licenses and restricted driving permits.
4 (d) The Secretary of State may adopt rules to implement
5this Section.
6(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
797-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-178, eff.
81-1-14.)
9 (Text of Section after amendment by P.A. 98-176)
10 Sec. 6-201. Authority to cancel licenses and permits.
11 (a) The Secretary of State is authorized to cancel any
12license or permit upon determining that the holder thereof:
13 1. was not entitled to the issuance thereof hereunder;
14 or
15 2. failed to give the required or correct information
16 in his application; or
17 3. failed to pay any fees, civil penalties owed to the
18 Illinois Commerce Commission, or taxes due under this Act
19 and upon reasonable notice and demand; or
20 4. committed any fraud in the making of such
21 application; or
22 5. is ineligible therefor under the provisions of
23 Section 6-103 of this Act, as amended; or
24 6. has refused or neglected to submit an alcohol, drug,
25 and intoxicating compound evaluation or to submit to

HB5597- 1432 -LRB098 15874 AMC 50917 b
1 examination or re-examination as required under this Act;
2 or
3 7. has been convicted of violating the Cannabis Control
4 Act, the Illinois Controlled Substances Act, the
5 Methamphetamine Control and Community Protection Act, or
6 the Use of Intoxicating Compounds Act while that individual
7 was in actual physical control of a motor vehicle. For
8 purposes of this Section, any person placed on probation
9 under Section 10 of the Cannabis Control Act, Section 410
10 of the Illinois Controlled Substances Act, or Section 70 of
11 the Methamphetamine Control and Community Protection Act
12 shall not be considered convicted. Any person found guilty
13 of this offense, while in actual physical control of a
14 motor vehicle, shall have an entry made in the court record
15 by the judge that this offense did occur while the person
16 was in actual physical control of a motor vehicle and order
17 the clerk of the court to report the violation to the
18 Secretary of State as such. After the cancellation, the
19 Secretary of State shall not issue a new license or permit
20 for a period of one year after the date of cancellation.
21 However, upon application, the Secretary of State may, if
22 satisfied that the person applying will not endanger the
23 public safety, or welfare, issue a restricted driving
24 permit granting the privilege of driving a motor vehicle
25 between the petitioner's residence and petitioner's place
26 of employment or within the scope of the petitioner's

HB5597- 1433 -LRB098 15874 AMC 50917 b
1 employment related duties, or to allow transportation for
2 the petitioner or a household member of the petitioner's
3 family for the receipt of necessary medical care, or
4 provide transportation for the petitioner to and from
5 alcohol or drug remedial or rehabilitative activity
6 recommended by a licensed service provider, or for the
7 petitioner to attend classes, as a student, in an
8 accredited educational institution. The petitioner must
9 demonstrate that no alternative means of transportation is
10 reasonably available; provided that the Secretary's
11 discretion shall be limited to cases where undue hardship,
12 as defined by the rules of the Secretary of State, would
13 result from a failure to issue such restricted driving
14 permit. In each case the Secretary of State may issue such
15 restricted driving permit for such period as he deems
16 appropriate, except that such permit shall expire within
17 one year from the date of issuance. A restricted driving
18 permit issued hereunder shall be subject to cancellation,
19 revocation and suspension by the Secretary of State in like
20 manner and for like cause as a driver's license issued
21 hereunder may be cancelled, revoked or suspended; except
22 that a conviction upon one or more offenses against laws or
23 ordinances regulating the movement of traffic shall be
24 deemed sufficient cause for the revocation, suspension or
25 cancellation of a restricted driving permit. The Secretary
26 of State may, as a condition to the issuance of a

HB5597- 1434 -LRB098 15874 AMC 50917 b
1 restricted driving permit, require the applicant to
2 participate in a driver remedial or rehabilitative
3 program. In accordance with 49 C.F.R. 384, the Secretary of
4 State may not issue a restricted driving permit for the
5 operation of a commercial motor vehicle to a person holding
6 a CDL whose driving privileges have been revoked,
7 suspended, cancelled, or disqualified under this Code; or
8 8. failed to submit a report as required by Section
9 6-116.5 of this Code; or
10 9. has been convicted of a sex offense as defined in
11 the Sex Offender Registration Act. The driver's license
12 shall remain cancelled until the driver registers as a sex
13 offender as required by the Sex Offender Registration Act,
14 proof of the registration is furnished to the Secretary of
15 State and the sex offender provides proof of current
16 address to the Secretary; or
17 10. is ineligible for a license or permit under Section
18 6-107, 6-107.1, or 6-108 of this Code; or
19 11. refused or neglected to appear at a Driver Services
20 facility to have the license or permit corrected and a new
21 license or permit issued or to present documentation for
22 verification of identity; or
23 12. failed to submit a medical examiner's certificate
24 or medical variance as required by 49 C.F.R. 383.71 or
25 submitted a fraudulent medical examiner's certificate or
26 medical variance; or

HB5597- 1435 -LRB098 15874 AMC 50917 b
1 13. has had his or her medical examiner's certificate,
2 medical variance, or both removed or rescinded by the
3 Federal Motor Carrier Safety Administration; or
4 14. failed to self-certify as to the type of driving in
5 which the CDL driver engages or expects to engage; or
6 15. has submitted acceptable documentation indicating
7 out-of-state residency to the Secretary of State to be
8 released from the requirement of showing proof of financial
9 responsibility in this State; or .
10 16. 15. was convicted of fraud relating to the testing
11 or issuance of a CDL or CLP, in which case only the CDL or
12 CLP shall be cancelled. After cancellation, the Secretary
13 shall not issue a CLP or CDL for a period of one year from
14 the date of cancellation.
15 (b) Upon such cancellation the licensee or permittee must
16surrender the license or permit so cancelled to the Secretary
17of State.
18 (c) Except as provided in Sections 6-206.1 and 7-702.1, the
19Secretary of State shall have exclusive authority to grant,
20issue, deny, cancel, suspend and revoke driving privileges,
21drivers' licenses and restricted driving permits.
22 (d) The Secretary of State may adopt rules to implement
23this Section.
24(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
2597-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176, eff.
267-1-14; 98-178, eff. 1-1-14; revised 9-19-13.)

HB5597- 1436 -LRB098 15874 AMC 50917 b
1 (625 ILCS 5/6-206)
2 Sec. 6-206. Discretionary authority to suspend or revoke
3license or permit; Right to a hearing.
4 (a) The Secretary of State is authorized to suspend or
5revoke the driving privileges of any person without preliminary
6hearing upon a showing of the person's records or other
7sufficient evidence that the person:
8 1. Has committed an offense for which mandatory
9 revocation of a driver's license or permit is required upon
10 conviction;
11 2. Has been convicted of not less than 3 offenses
12 against traffic regulations governing the movement of
13 vehicles committed within any 12 month period. No
14 revocation or suspension shall be entered more than 6
15 months after the date of last conviction;
16 3. Has been repeatedly involved as a driver in motor
17 vehicle collisions or has been repeatedly convicted of
18 offenses against laws and ordinances regulating the
19 movement of traffic, to a degree that indicates lack of
20 ability to exercise ordinary and reasonable care in the
21 safe operation of a motor vehicle or disrespect for the
22 traffic laws and the safety of other persons upon the
23 highway;
24 4. Has by the unlawful operation of a motor vehicle
25 caused or contributed to an accident resulting in injury

HB5597- 1437 -LRB098 15874 AMC 50917 b
1 requiring immediate professional treatment in a medical
2 facility or doctor's office to any person, except that any
3 suspension or revocation imposed by the Secretary of State
4 under the provisions of this subsection shall start no
5 later than 6 months after being convicted of violating a
6 law or ordinance regulating the movement of traffic, which
7 violation is related to the accident, or shall start not
8 more than one year after the date of the accident,
9 whichever date occurs later;
10 5. Has permitted an unlawful or fraudulent use of a
11 driver's license, identification card, or permit;
12 6. Has been lawfully convicted of an offense or
13 offenses in another state, including the authorization
14 contained in Section 6-203.1, which if committed within
15 this State would be grounds for suspension or revocation;
16 7. Has refused or failed to submit to an examination
17 provided for by Section 6-207 or has failed to pass the
18 examination;
19 8. Is ineligible for a driver's license or permit under
20 the provisions of Section 6-103;
21 9. Has made a false statement or knowingly concealed a
22 material fact or has used false information or
23 identification in any application for a license,
24 identification card, or permit;
25 10. Has possessed, displayed, or attempted to
26 fraudulently use any license, identification card, or

HB5597- 1438 -LRB098 15874 AMC 50917 b
1 permit not issued to the person;
2 11. Has operated a motor vehicle upon a highway of this
3 State when the person's driving privilege or privilege to
4 obtain a driver's license or permit was revoked or
5 suspended unless the operation was authorized by a
6 monitoring device driving permit, judicial driving permit
7 issued prior to January 1, 2009, probationary license to
8 drive, or a restricted driving permit issued under this
9 Code;
10 12. Has submitted to any portion of the application
11 process for another person or has obtained the services of
12 another person to submit to any portion of the application
13 process for the purpose of obtaining a license,
14 identification card, or permit for some other person;
15 13. Has operated a motor vehicle upon a highway of this
16 State when the person's driver's license or permit was
17 invalid under the provisions of Sections 6-107.1 and 6-110;
18 14. Has committed a violation of Section 6-301,
19 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
20 of the Illinois Identification Card Act;
21 15. Has been convicted of violating Section 21-2 of the
22 Criminal Code of 1961 or the Criminal Code of 2012 relating
23 to criminal trespass to vehicles in which case, the
24 suspension shall be for one year;
25 16. Has been convicted of violating Section 11-204 of
26 this Code relating to fleeing from a peace officer;

HB5597- 1439 -LRB098 15874 AMC 50917 b
1 17. Has refused to submit to a test, or tests, as
2 required under Section 11-501.1 of this Code and the person
3 has not sought a hearing as provided for in Section
4 11-501.1;
5 18. Has, since issuance of a driver's license or
6 permit, been adjudged to be afflicted with or suffering
7 from any mental disability or disease;
8 19. Has committed a violation of paragraph (a) or (b)
9 of Section 6-101 relating to driving without a driver's
10 license;
11 20. Has been convicted of violating Section 6-104
12 relating to classification of driver's license;
13 21. Has been convicted of violating Section 11-402 of
14 this Code relating to leaving the scene of an accident
15 resulting in damage to a vehicle in excess of $1,000, in
16 which case the suspension shall be for one year;
17 22. Has used a motor vehicle in violating paragraph
18 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
19 the Criminal Code of 1961 or the Criminal Code of 2012
20 relating to unlawful use of weapons, in which case the
21 suspension shall be for one year;
22 23. Has, as a driver, been convicted of committing a
23 violation of paragraph (a) of Section 11-502 of this Code
24 for a second or subsequent time within one year of a
25 similar violation;
26 24. Has been convicted by a court-martial or punished

HB5597- 1440 -LRB098 15874 AMC 50917 b
1 by non-judicial punishment by military authorities of the
2 United States at a military installation in Illinois of or
3 for a traffic related offense that is the same as or
4 similar to an offense specified under Section 6-205 or
5 6-206 of this Code;
6 25. Has permitted any form of identification to be used
7 by another in the application process in order to obtain or
8 attempt to obtain a license, identification card, or
9 permit;
10 26. Has altered or attempted to alter a license or has
11 possessed an altered license, identification card, or
12 permit;
13 27. Has violated Section 6-16 of the Liquor Control Act
14 of 1934;
15 28. Has been convicted for a first time of the illegal
16 possession, while operating or in actual physical control,
17 as a driver, of a motor vehicle, of any controlled
18 substance prohibited under the Illinois Controlled
19 Substances Act, any cannabis prohibited under the Cannabis
20 Control Act, or any methamphetamine prohibited under the
21 Methamphetamine Control and Community Protection Act, in
22 which case the person's driving privileges shall be
23 suspended for one year. Any defendant found guilty of this
24 offense while operating a motor vehicle, shall have an
25 entry made in the court record by the presiding judge that
26 this offense did occur while the defendant was operating a

HB5597- 1441 -LRB098 15874 AMC 50917 b
1 motor vehicle and order the clerk of the court to report
2 the violation to the Secretary of State;
3 29. Has been convicted of the following offenses that
4 were committed while the person was operating or in actual
5 physical control, as a driver, of a motor vehicle: criminal
6 sexual assault, predatory criminal sexual assault of a
7 child, aggravated criminal sexual assault, criminal sexual
8 abuse, aggravated criminal sexual abuse, juvenile pimping,
9 soliciting for a juvenile prostitute, promoting juvenile
10 prostitution as described in subdivision (a)(1), (a)(2),
11 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
12 or the Criminal Code of 2012, and the manufacture, sale or
13 delivery of controlled substances or instruments used for
14 illegal drug use or abuse in which case the driver's
15 driving privileges shall be suspended for one year;
16 30. Has been convicted a second or subsequent time for
17 any combination of the offenses named in paragraph 29 of
18 this subsection, in which case the person's driving
19 privileges shall be suspended for 5 years;
20 31. Has refused to submit to a test as required by
21 Section 11-501.6 of this Code or Section 5-16c of the Boat
22 Registration and Safety Act or has submitted to a test
23 resulting in an alcohol concentration of 0.08 or more or
24 any amount of a drug, substance, or compound resulting from
25 the unlawful use or consumption of cannabis as listed in
26 the Cannabis Control Act, a controlled substance as listed

HB5597- 1442 -LRB098 15874 AMC 50917 b
1 in the Illinois Controlled Substances Act, an intoxicating
2 compound as listed in the Use of Intoxicating Compounds
3 Act, or methamphetamine as listed in the Methamphetamine
4 Control and Community Protection Act, in which case the
5 penalty shall be as prescribed in Section 6-208.1;
6 32. Has been convicted of Section 24-1.2 of the
7 Criminal Code of 1961 or the Criminal Code of 2012 relating
8 to the aggravated discharge of a firearm if the offender
9 was located in a motor vehicle at the time the firearm was
10 discharged, in which case the suspension shall be for 3
11 years;
12 33. Has as a driver, who was less than 21 years of age
13 on the date of the offense, been convicted a first time of
14 a violation of paragraph (a) of Section 11-502 of this Code
15 or a similar provision of a local ordinance;
16 34. Has committed a violation of Section 11-1301.5 of
17 this Code or a similar provision of a local ordinance;
18 35. Has committed a violation of Section 11-1301.6 of
19 this Code or a similar provision of a local ordinance;
20 36. Is under the age of 21 years at the time of arrest
21 and has been convicted of not less than 2 offenses against
22 traffic regulations governing the movement of vehicles
23 committed within any 24 month period. No revocation or
24 suspension shall be entered more than 6 months after the
25 date of last conviction;
26 37. Has committed a violation of subsection (c) of

HB5597- 1443 -LRB098 15874 AMC 50917 b
1 Section 11-907 of this Code that resulted in damage to the
2 property of another or the death or injury of another;
3 38. Has been convicted of a violation of Section 6-20
4 of the Liquor Control Act of 1934 or a similar provision of
5 a local ordinance;
6 39. Has committed a second or subsequent violation of
7 Section 11-1201 of this Code;
8 40. Has committed a violation of subsection (a-1) of
9 Section 11-908 of this Code;
10 41. Has committed a second or subsequent violation of
11 Section 11-605.1 of this Code, a similar provision of a
12 local ordinance, or a similar violation in any other state
13 within 2 years of the date of the previous violation, in
14 which case the suspension shall be for 90 days;
15 42. Has committed a violation of subsection (a-1) of
16 Section 11-1301.3 of this Code or a similar provision of a
17 local ordinance;
18 43. Has received a disposition of court supervision for
19 a violation of subsection (a), (d), or (e) of Section 6-20
20 of the Liquor Control Act of 1934 or a similar provision of
21 a local ordinance, in which case the suspension shall be
22 for a period of 3 months;
23 44. Is under the age of 21 years at the time of arrest
24 and has been convicted of an offense against traffic
25 regulations governing the movement of vehicles after
26 having previously had his or her driving privileges

HB5597- 1444 -LRB098 15874 AMC 50917 b
1 suspended or revoked pursuant to subparagraph 36 of this
2 Section;
3 45. Has, in connection with or during the course of a
4 formal hearing conducted under Section 2-118 of this Code:
5 (i) committed perjury; (ii) submitted fraudulent or
6 falsified documents; (iii) submitted documents that have
7 been materially altered; or (iv) submitted, as his or her
8 own, documents that were in fact prepared or composed for
9 another person;
10 46. Has committed a violation of subsection (j) of
11 Section 3-413 of this Code; or
12 47. Has committed a violation of Section 11-502.1 of
13 this Code.
14 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
15and 27 of this subsection, license means any driver's license,
16any traffic ticket issued when the person's driver's license is
17deposited in lieu of bail, a suspension notice issued by the
18Secretary of State, a duplicate or corrected driver's license,
19a probationary driver's license or a temporary driver's
20license.
21 (b) If any conviction forming the basis of a suspension or
22revocation authorized under this Section is appealed, the
23Secretary of State may rescind or withhold the entry of the
24order of suspension or revocation, as the case may be, provided
25that a certified copy of a stay order of a court is filed with
26the Secretary of State. If the conviction is affirmed on

HB5597- 1445 -LRB098 15874 AMC 50917 b
1appeal, the date of the conviction shall relate back to the
2time the original judgment of conviction was entered and the 6
3month limitation prescribed shall not apply.
4 (c) 1. Upon suspending or revoking the driver's license or
5permit of any person as authorized in this Section, the
6Secretary of State shall immediately notify the person in
7writing of the revocation or suspension. The notice to be
8deposited in the United States mail, postage prepaid, to the
9last known address of the person.
10 2. If the Secretary of State suspends the driver's
11 license of a person under subsection 2 of paragraph (a) of
12 this Section, a person's privilege to operate a vehicle as
13 an occupation shall not be suspended, provided an affidavit
14 is properly completed, the appropriate fee received, and a
15 permit issued prior to the effective date of the
16 suspension, unless 5 offenses were committed, at least 2 of
17 which occurred while operating a commercial vehicle in
18 connection with the driver's regular occupation. All other
19 driving privileges shall be suspended by the Secretary of
20 State. Any driver prior to operating a vehicle for
21 occupational purposes only must submit the affidavit on
22 forms to be provided by the Secretary of State setting
23 forth the facts of the person's occupation. The affidavit
24 shall also state the number of offenses committed while
25 operating a vehicle in connection with the driver's regular
26 occupation. The affidavit shall be accompanied by the

HB5597- 1446 -LRB098 15874 AMC 50917 b
1 driver's license. Upon receipt of a properly completed
2 affidavit, the Secretary of State shall issue the driver a
3 permit to operate a vehicle in connection with the driver's
4 regular occupation only. Unless the permit is issued by the
5 Secretary of State prior to the date of suspension, the
6 privilege to drive any motor vehicle shall be suspended as
7 set forth in the notice that was mailed under this Section.
8 If an affidavit is received subsequent to the effective
9 date of this suspension, a permit may be issued for the
10 remainder of the suspension period.
11 The provisions of this subparagraph shall not apply to
12 any driver required to possess a CDL for the purpose of
13 operating a commercial motor vehicle.
14 Any person who falsely states any fact in the affidavit
15 required herein shall be guilty of perjury under Section
16 6-302 and upon conviction thereof shall have all driving
17 privileges revoked without further rights.
18 3. At the conclusion of a hearing under Section 2-118
19 of this Code, the Secretary of State shall either rescind
20 or continue an order of revocation or shall substitute an
21 order of suspension; or, good cause appearing therefor,
22 rescind, continue, change, or extend the order of
23 suspension. If the Secretary of State does not rescind the
24 order, the Secretary may upon application, to relieve undue
25 hardship (as defined by the rules of the Secretary of
26 State), issue a restricted driving permit granting the

HB5597- 1447 -LRB098 15874 AMC 50917 b
1 privilege of driving a motor vehicle between the
2 petitioner's residence and petitioner's place of
3 employment or within the scope of the petitioner's
4 employment related duties, or to allow the petitioner to
5 transport himself or herself, or a family member of the
6 petitioner's household to a medical facility, to receive
7 necessary medical care, to allow the petitioner to
8 transport himself or herself to and from alcohol or drug
9 remedial or rehabilitative activity recommended by a
10 licensed service provider, or to allow the petitioner to
11 transport himself or herself or a family member of the
12 petitioner's household to classes, as a student, at an
13 accredited educational institution, or to allow the
14 petitioner to transport children, elderly persons, or
15 disabled persons who do not hold driving privileges and are
16 living in the petitioner's household to and from daycare.
17 The petitioner must demonstrate that no alternative means
18 of transportation is reasonably available and that the
19 petitioner will not endanger the public safety or welfare.
20 Those multiple offenders identified in subdivision (b)4 of
21 Section 6-208 of this Code, however, shall not be eligible
22 for the issuance of a restricted driving permit.
23 (A) If a person's license or permit is revoked or
24 suspended due to 2 or more convictions of violating
25 Section 11-501 of this Code or a similar provision of a
26 local ordinance or a similar out-of-state offense, or

HB5597- 1448 -LRB098 15874 AMC 50917 b
1 Section 9-3 of the Criminal Code of 1961 or the
2 Criminal Code of 2012, where the use of alcohol or
3 other drugs is recited as an element of the offense, or
4 a similar out-of-state offense, or a combination of
5 these offenses, arising out of separate occurrences,
6 that person, if issued a restricted driving permit, may
7 not operate a vehicle unless it has been equipped with
8 an ignition interlock device as defined in Section
9 1-129.1.
10 (B) If a person's license or permit is revoked or
11 suspended 2 or more times within a 10 year period due
12 to any combination of:
13 (i) a single conviction of violating Section
14 11-501 of this Code or a similar provision of a
15 local ordinance or a similar out-of-state offense
16 or Section 9-3 of the Criminal Code of 1961 or the
17 Criminal Code of 2012, where the use of alcohol or
18 other drugs is recited as an element of the
19 offense, or a similar out-of-state offense; or
20 (ii) a statutory summary suspension or
21 revocation under Section 11-501.1; or
22 (iii) a suspension under Section 6-203.1;
23 arising out of separate occurrences; that person, if
24 issued a restricted driving permit, may not operate a
25 vehicle unless it has been equipped with an ignition
26 interlock device as defined in Section 1-129.1.

HB5597- 1449 -LRB098 15874 AMC 50917 b
1 (C) The person issued a permit conditioned upon the
2 use of an ignition interlock device must pay to the
3 Secretary of State DUI Administration Fund an amount
4 not to exceed $30 per month. The Secretary shall
5 establish by rule the amount and the procedures, terms,
6 and conditions relating to these fees.
7 (D) If the restricted driving permit is issued for
8 employment purposes, then the prohibition against
9 operating a motor vehicle that is not equipped with an
10 ignition interlock device does not apply to the
11 operation of an occupational vehicle owned or leased by
12 that person's employer when used solely for employment
13 purposes.
14 (E) In each case the Secretary may issue a
15 restricted driving permit for a period deemed
16 appropriate, except that all permits shall expire
17 within one year from the date of issuance. The
18 Secretary may not, however, issue a restricted driving
19 permit to any person whose current revocation is the
20 result of a second or subsequent conviction for a
21 violation of Section 11-501 of this Code or a similar
22 provision of a local ordinance or any similar
23 out-of-state offense, or Section 9-3 of the Criminal
24 Code of 1961 or the Criminal Code of 2012, where the
25 use of alcohol or other drugs is recited as an element
26 of the offense, or any similar out-of-state offense, or

HB5597- 1450 -LRB098 15874 AMC 50917 b
1 any combination of those offenses, until the
2 expiration of at least one year from the date of the
3 revocation. A restricted driving permit issued under
4 this Section shall be subject to cancellation,
5 revocation, and suspension by the Secretary of State in
6 like manner and for like cause as a driver's license
7 issued under this Code may be cancelled, revoked, or
8 suspended; except that a conviction upon one or more
9 offenses against laws or ordinances regulating the
10 movement of traffic shall be deemed sufficient cause
11 for the revocation, suspension, or cancellation of a
12 restricted driving permit. The Secretary of State may,
13 as a condition to the issuance of a restricted driving
14 permit, require the applicant to participate in a
15 designated driver remedial or rehabilitative program.
16 The Secretary of State is authorized to cancel a
17 restricted driving permit if the permit holder does not
18 successfully complete the program.
19 (c-3) In the case of a suspension under paragraph 43 of
20subsection (a), reports received by the Secretary of State
21under this Section shall, except during the actual time the
22suspension is in effect, be privileged information and for use
23only by the courts, police officers, prosecuting authorities,
24the driver licensing administrator of any other state, the
25Secretary of State, or the parent or legal guardian of a driver
26under the age of 18. However, beginning January 1, 2008, if the

HB5597- 1451 -LRB098 15874 AMC 50917 b
1person is a CDL holder, the suspension shall also be made
2available to the driver licensing administrator of any other
3state, the U.S. Department of Transportation, and the affected
4driver or motor carrier or prospective motor carrier upon
5request.
6 (c-4) In the case of a suspension under paragraph 43 of
7subsection (a), the Secretary of State shall notify the person
8by mail that his or her driving privileges and driver's license
9will be suspended one month after the date of the mailing of
10the notice.
11 (c-5) The Secretary of State may, as a condition of the
12reissuance of a driver's license or permit to an applicant
13whose driver's license or permit has been suspended before he
14or she reached the age of 21 years pursuant to any of the
15provisions of this Section, require the applicant to
16participate in a driver remedial education course and be
17retested under Section 6-109 of this Code.
18 (d) This Section is subject to the provisions of the
19Drivers License Compact.
20 (e) The Secretary of State shall not issue a restricted
21driving permit to a person under the age of 16 years whose
22driving privileges have been suspended or revoked under any
23provisions of this Code.
24 (f) In accordance with 49 C.F.R. 384, the Secretary of
25State may not issue a restricted driving permit for the
26operation of a commercial motor vehicle to a person holding a

HB5597- 1452 -LRB098 15874 AMC 50917 b
1CDL whose driving privileges have been suspended, revoked,
2cancelled, or disqualified under any provisions of this Code.
3(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
497-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
61-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
7 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
8 Sec. 6-303. Driving while driver's license, permit or
9privilege to operate a motor vehicle is suspended or revoked.
10 (a) Except as otherwise provided in subsection (a-5), any
11person who drives or is in actual physical control of a motor
12vehicle on any highway of this State at a time when such
13person's driver's license, permit or privilege to do so or the
14privilege to obtain a driver's license or permit is revoked or
15suspended as provided by this Code or the law of another state,
16except as may be specifically allowed by a judicial driving
17permit issued prior to January 1, 2009, monitoring device
18driving permit, family financial responsibility driving
19permit, probationary license to drive, or a restricted driving
20permit issued pursuant to this Code or under the law of another
21state, shall be guilty of a Class A misdemeanor.
22 (a-3) A second or subsequent violation of subsection (a) of
23this Section is a Class 4 felony if committed by a person whose
24driving or operation of a motor vehicle is the proximate cause
25of a motor vehicle accident that causes personal injury or

HB5597- 1453 -LRB098 15874 AMC 50917 b
1death to another. For purposes of this subsection, a personal
2injury includes any Type A injury as indicated on the traffic
3accident report completed by a law enforcement officer that
4requires immediate professional attention in either a doctor's
5office or a medical facility. A Type A injury includes severe
6bleeding wounds, distorted extremities, and injuries that
7require the injured party to be carried from the scene.
8 (a-5) Any person who violates this Section as provided in
9subsection (a) while his or her driver's license, permit or
10privilege is revoked because of a violation of Section 9-3 of
11the Criminal Code of 1961 or the Criminal Code of 2012,
12relating to the offense of reckless homicide or a similar
13provision of a law of another state, is guilty of a Class 4
14felony. The person shall be required to undergo a professional
15evaluation, as provided in Section 11-501 of this Code, to
16determine if an alcohol, drug, or intoxicating compound problem
17exists and the extent of the problem, and to undergo the
18imposition of treatment as appropriate.
19 (a-10) A person's driver's license, permit, or privilege to
20obtain a driver's license or permit may be subject to multiple
21revocations, multiple suspensions, or any combination of both
22simultaneously. No revocation or suspension shall serve to
23negate, invalidate, cancel, postpone, or in any way lessen the
24effect of any other revocation or suspension entered prior or
25subsequent to any other revocation or suspension.
26 (b) (Blank).

HB5597- 1454 -LRB098 15874 AMC 50917 b
1 (b-1) Upon receiving a report of the conviction of any
2violation indicating a person was operating a motor vehicle
3during the time when the person's driver's license, permit or
4privilege was suspended by the Secretary of State or the
5driver's licensing administrator of another state, except as
6specifically allowed by a probationary license, judicial
7driving permit, restricted driving permit or monitoring device
8driving permit the Secretary shall extend the suspension for
9the same period of time as the originally imposed suspension
10unless the suspension has already expired, in which case the
11Secretary shall be authorized to suspend the person's driving
12privileges for the same period of time as the originally
13imposed suspension.
14 (b-2) Except as provided in subsection (b-6), upon
15receiving a report of the conviction of any violation
16indicating a person was operating a motor vehicle when the
17person's driver's license, permit or privilege was revoked by
18the Secretary of State or the driver's license administrator of
19any other state, except as specifically allowed by a restricted
20driving permit issued pursuant to this Code or the law of
21another state, the Secretary shall not issue a driver's license
22for an additional period of one year from the date of such
23conviction indicating such person was operating a vehicle
24during such period of revocation.
25 (b-3) (Blank).
26 (b-4) When the Secretary of State receives a report of a

HB5597- 1455 -LRB098 15874 AMC 50917 b
1conviction of any violation indicating a person was operating a
2motor vehicle that was not equipped with an ignition interlock
3device during a time when the person was prohibited from
4operating a motor vehicle not equipped with such a device, the
5Secretary shall not issue a driver's license to that person for
6an additional period of one year from the date of the
7conviction.
8 (b-5) Any person convicted of violating this Section shall
9serve a minimum term of imprisonment of 30 consecutive days or
10300 hours of community service when the person's driving
11privilege was revoked or suspended as a result of a violation
12of Section 9-3 of the Criminal Code of 1961 or the Criminal
13Code of 2012, relating to the offense of reckless homicide, or
14a similar provision of a law of another state.
15 (b-6) Upon receiving a report of a first conviction of
16operating a motor vehicle while the person's driver's license,
17permit or privilege was revoked where the revocation was for a
18violation of Section 9-3 of the Criminal Code of 1961 or the
19Criminal Code of 2012 relating to the offense of reckless
20homicide or a similar out-of-state offense, the Secretary shall
21not issue a driver's license for an additional period of three
22years from the date of such conviction.
23 (c) Except as provided in subsections (c-3) and (c-4), any
24person convicted of violating this Section shall serve a
25minimum term of imprisonment of 10 consecutive days or 30 days
26of community service when the person's driving privilege was

HB5597- 1456 -LRB098 15874 AMC 50917 b
1revoked or suspended as a result of:
2 (1) a violation of Section 11-501 of this Code or a
3 similar provision of a local ordinance relating to the
4 offense of operating or being in physical control of a
5 vehicle while under the influence of alcohol, any other
6 drug or any combination thereof; or
7 (2) a violation of paragraph (b) of Section 11-401 of
8 this Code or a similar provision of a local ordinance
9 relating to the offense of leaving the scene of a motor
10 vehicle accident involving personal injury or death; or
11 (3) a statutory summary suspension or revocation under
12 Section 11-501.1 of this Code.
13 Such sentence of imprisonment or community service shall
14not be subject to suspension in order to reduce such sentence.
15 (c-1) Except as provided in subsections (c-5) and (d), any
16person convicted of a second violation of this Section shall be
17ordered by the court to serve a minimum of 100 hours of
18community service.
19 (c-2) In addition to other penalties imposed under this
20Section, the court may impose on any person convicted a fourth
21time of violating this Section any of the following:
22 (1) Seizure of the license plates of the person's
23 vehicle.
24 (2) Immobilization of the person's vehicle for a period
25 of time to be determined by the court.
26 (c-3) Any person convicted of a violation of this Section

HB5597- 1457 -LRB098 15874 AMC 50917 b
1during a period of summary suspension imposed pursuant to
2Section 11-501.1 when the person was eligible for a MDDP shall
3be guilty of a Class 4 felony and shall serve a minimum term of
4imprisonment of 30 days.
5 (c-4) Any person who has been issued a MDDP and who is
6convicted of a violation of this Section as a result of
7operating or being in actual physical control of a motor
8vehicle not equipped with an ignition interlock device at the
9time of the offense shall be guilty of a Class 4 felony and
10shall serve a minimum term of imprisonment of 30 days.
11 (c-5) Any person convicted of a second violation of this
12Section is guilty of a Class 2 felony, is not eligible for
13probation or conditional discharge, and shall serve a mandatory
14term of imprisonment, if:
15 (1) the current violation occurred when the person's
16 driver's license was suspended or revoked for a violation
17 of Section 9-3 of the Criminal Code of 1961 or the Criminal
18 Code of 2012, relating to the offense of reckless homicide,
19 or a similar out-of-state offense; and
20 (2) the prior conviction under this Section occurred
21 while the person's driver's license was suspended or
22 revoked for a violation of Section 9-3 of the Criminal Code
23 of 1961 or the Criminal Code of 2012 relating to the
24 offense of reckless homicide, or a similar out-of-state
25 offense, or was suspended or revoked for a violation of
26 Section 11-401 or 11-501 of this Code, a similar

HB5597- 1458 -LRB098 15874 AMC 50917 b
1 out-of-state offense, a similar provision of a local
2 ordinance, or a statutory summary suspension or revocation
3 under Section 11-501.1 of this Code.
4 (d) Any person convicted of a second violation of this
5Section shall be guilty of a Class 4 felony and shall serve a
6minimum term of imprisonment of 30 days or 300 hours of
7community service, as determined by the court, if:
8 (1) the current violation occurred when the person's
9 driver's license was suspended or revoked for a violation
10 of Section 11-401 or 11-501 of this Code, a similar
11 out-of-state offense, a similar provision of a local
12 ordinance, or a statutory summary suspension or revocation
13 under Section 11-501.1 of this Code; and
14 (2) the prior conviction under this Section occurred
15 while the person's driver's license was suspended or
16 revoked for a violation of Section 11-401 or 11-501 of this
17 Code, a similar out-of-state offense, a similar provision
18 of a local ordinance, or a statutory summary suspension or
19 revocation under Section 11-501.1 of this Code, or for a
20 violation of Section 9-3 of the Criminal Code of 1961 or
21 the Criminal Code of 2012, relating to the offense of
22 reckless homicide, or a similar out-of-state offense.
23 (d-1) Except as provided in subsections (d-2), (d-2.5), and
24(d-3), any person convicted of a third or subsequent violation
25of this Section shall serve a minimum term of imprisonment of
2630 days or 300 hours of community service, as determined by the

HB5597- 1459 -LRB098 15874 AMC 50917 b
1court.
2 (d-2) Any person convicted of a third violation of this
3Section is guilty of a Class 4 felony and must serve a minimum
4term of imprisonment of 30 days, if:
5 (1) the current violation occurred when the person's
6 driver's license was suspended or revoked for a violation
7 of Section 11-401 or 11-501 of this Code, or a similar
8 out-of-state offense, or a similar provision of a local
9 ordinance, or a statutory summary suspension or revocation
10 under Section 11-501.1 of this Code; and
11 (2) the prior convictions under this Section occurred
12 while the person's driver's license was suspended or
13 revoked for a violation of Section 11-401 or 11-501 of this
14 Code, a similar out-of-state offense, a similar provision
15 of a local ordinance, or a statutory summary suspension or
16 revocation under Section 11-501.1 of this Code, or for a
17 violation of Section 9-3 of the Criminal Code of 1961 or
18 the Criminal Code of 2012, relating to the offense of
19 reckless homicide, or a similar out-of-state offense.
20 (d-2.5) Any person convicted of a third violation of this
21Section is guilty of a Class 1 felony, is not eligible for
22probation or conditional discharge, and must serve a mandatory
23term of imprisonment, if:
24 (1) the current violation occurred while the person's
25 driver's license was suspended or revoked for a violation
26 of Section 9-3 of the Criminal Code of 1961 or the Criminal

HB5597- 1460 -LRB098 15874 AMC 50917 b
1 Code of 2012, relating to the offense of reckless homicide,
2 or a similar out-of-state offense. The person's driving
3 privileges shall be revoked for the remainder of the
4 person's life; and
5 (2) the prior convictions under this Section occurred
6 while the person's driver's license was suspended or
7 revoked for a violation of Section 9-3 of the Criminal Code
8 of 1961 or the Criminal Code of 2012, relating to the
9 offense of reckless homicide, or a similar out-of-state
10 offense, or was suspended or revoked for a violation of
11 Section 11-401 or 11-501 of this Code, a similar
12 out-of-state offense, a similar provision of a local
13 ordinance, or a statutory summary suspension or revocation
14 under Section 11-501.1 of this Code.
15 (d-3) Any person convicted of a fourth, fifth, sixth,
16seventh, eighth, or ninth violation of this Section is guilty
17of a Class 4 felony and must serve a minimum term of
18imprisonment of 180 days, if:
19 (1) the current violation occurred when the person's
20 driver's license was suspended or revoked for a violation
21 of Section 11-401 or 11-501 of this Code, a similar
22 out-of-state offense, a similar provision of a local
23 ordinance, or a statutory summary suspension or revocation
24 under Section 11-501.1 of this Code; and
25 (2) the prior convictions under this Section occurred
26 while the person's driver's license was suspended or

HB5597- 1461 -LRB098 15874 AMC 50917 b
1 revoked for a violation of Section 11-401 or 11-501 of this
2 Code, a similar out-of-state offense, a similar provision
3 of a local ordinance, or a statutory summary suspension or
4 revocation under Section 11-501.1 of this Code, or for a
5 violation of Section 9-3 of the Criminal Code of 1961 or
6 the Criminal Code of 2012, relating to the offense of
7 reckless homicide, or a similar out-of-state offense.
8 (d-3.5) Any person convicted of a fourth or subsequent
9violation of this Section is guilty of a Class 1 felony, is not
10eligible for probation or conditional discharge, and must serve
11a mandatory term of imprisonment, and is eligible for an
12extended term, if:
13 (1) the current violation occurred when the person's
14 driver's license was suspended or revoked for a violation
15 of Section 9-3 of the Criminal Code of 1961 or the Criminal
16 Code of 2012, relating to the offense of reckless homicide,
17 or a similar out-of-state offense; and
18 (2) the prior convictions under this Section occurred
19 while the person's driver's license was suspended or
20 revoked for a violation of Section 9-3 of the Criminal Code
21 of 1961 or the Criminal Code of 2012, relating to the
22 offense of reckless homicide, or a similar out-of-state
23 offense, or was suspended or revoked for a violation of
24 Section 11-401 or 11-501 of this Code, a similar
25 out-of-state offense, a similar provision of a local
26 ordinance, or a statutory summary suspension or revocation

HB5597- 1462 -LRB098 15874 AMC 50917 b
1 under Section 11-501.1 of this Code.
2 (d-4) Any person convicted of a tenth, eleventh, twelfth,
3thirteenth, or fourteenth violation of this Section is guilty
4of a Class 3 felony, and is not eligible for probation or
5conditional discharge, if:
6 (1) the current violation occurred when the person's
7 driver's license was suspended or revoked for a violation
8 of Section 11-401 or 11-501 of this Code, or a similar
9 out-of-state offense, or a similar provision of a local
10 ordinance, or a statutory summary suspension or revocation
11 under Section 11-501.1 of this Code; and
12 (2) the prior convictions under this Section occurred
13 while the person's driver's license was suspended or
14 revoked for a violation of Section 11-401 or 11-501 of this
15 Code, a similar out-of-state offense, a similar provision
16 of a local ordinance, or a statutory suspension or
17 revocation under Section 11-501.1 of this Code, or for a
18 violation of Section 9-3 of the Criminal Code of 1961 or
19 the Criminal Code of 2012, relating to the offense of
20 reckless homicide, or a similar out-of-state offense.
21 (d-5) Any person convicted of a fifteenth or subsequent
22violation of this Section is guilty of a Class 2 felony, and is
23not eligible for probation or conditional discharge, if:
24 (1) the current violation occurred when the person's
25 driver's license was suspended or revoked for a violation
26 of Section 11-401 or 11-501 of this Code, or a similar

HB5597- 1463 -LRB098 15874 AMC 50917 b
1 out-of-state offense, or a similar provision of a local
2 ordinance, or a statutory summary suspension or revocation
3 under Section 11-501.1 of this Code; and
4 (2) the prior convictions under this Section occurred
5 while the person's driver's license was suspended or
6 revoked for a violation of Section 11-401 or 11-501 of this
7 Code, a similar out-of-state offense, a similar provision
8 of a local ordinance, or a statutory summary suspension or
9 revocation under Section 11-501.1 of this Code, or for a
10 violation of Section 9-3 of the Criminal Code of 1961 or
11 the Criminal Code of 2012, relating to the offense of
12 reckless homicide, or a similar out-of-state offense.
13 (e) Any person in violation of this Section who is also in
14violation of Section 7-601 of this Code relating to mandatory
15insurance requirements, in addition to other penalties imposed
16under this Section, shall have his or her motor vehicle
17immediately impounded by the arresting law enforcement
18officer. The motor vehicle may be released to any licensed
19driver upon a showing of proof of insurance for the vehicle
20that was impounded and the notarized written consent for the
21release by the vehicle owner.
22 (f) For any prosecution under this Section, a certified
23copy of the driving abstract of the defendant shall be admitted
24as proof of any prior conviction.
25 (g) The motor vehicle used in a violation of this Section
26is subject to seizure and forfeiture as provided in Sections

HB5597- 1464 -LRB098 15874 AMC 50917 b
136-1 and 36-2 of the Criminal Code of 2012 if the person's
2driving privilege was revoked or suspended as a result of:
3 (1) a violation of Section 11-501 of this Code, a
4 similar provision of a local ordinance, or a similar
5 provision of a law of another state;
6 (2) a violation of paragraph (b) of Section 11-401 of
7 this Code, a similar provision of a local ordinance, or a
8 similar provision of a law of another state;
9 (3) a statutory summary suspension or revocation under
10 Section 11-501.1 of this Code or a similar provision of a
11 law of another state; or
12 (4) a violation of Section 9-3 of the Criminal Code of
13 1961 or the Criminal Code of 2012 relating to the offense
14 of reckless homicide, or a similar provision of a law of
15 another state.
16(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13;
1798-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff.
188-27-13; revised 9-19-13.)
19 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
20 (Text of Section before amendment by P.A. 98-176)
21 Sec. 6-508. Commercial Driver's License (CDL) -
22qualification standards.
23 (a) Testing.
24 (1) General. No person shall be issued an original or
25 renewal CDL unless that person is domiciled in this State.

HB5597- 1465 -LRB098 15874 AMC 50917 b
1 The Secretary shall cause to be administered such tests as
2 the Secretary deems necessary to meet the requirements of
3 49 C.F.R. Part 383, subparts F, G, H, and J.
4 (2) Third party testing. The Secretary of State state
5 may authorize a "third party tester", pursuant to 49 C.F.R.
6 Part 383.75, to administer the skills test or tests
7 specified by the Federal Motor Carrier Safety
8 Administration pursuant to the Commercial Motor Vehicle
9 Safety Act of 1986 and any appropriate federal rule.
10 (b) Waiver of Skills Test. The Secretary of State may waive
11the skills test specified in this Section for a driver
12applicant for a commercial driver license who meets the
13requirements of 49 C.F.R. Part 383.77 and Part 383.123. The
14Secretary of State shall waive the skills tests specified in
15this Section for a driver applicant who has military commercial
16motor vehicle experience, subject to the requirements of 49
17C.F.R. 383.77.
18 (b-1) No person shall be issued a commercial driver
19instruction permit or CDL unless the person certifies to the
20Secretary one of the following types of driving operations in
21which he or she will be engaged:
22 (1) non-excepted interstate;
23 (2) non-excepted intrastate;
24 (3) excepted interstate; or
25 (4) excepted intrastate.
26 (b-2) Persons who hold a commercial driver instruction

HB5597- 1466 -LRB098 15874 AMC 50917 b
1permit or CDL on January 30, 2012 must certify to the Secretary
2no later than January 30, 2014 one of the following applicable
3self-certifications:
4 (1) non-excepted interstate;
5 (2) non-excepted intrastate;
6 (3) excepted interstate; or
7 (4) excepted intrastate.
8 (c) Limitations on issuance of a CDL. A CDL, or a
9commercial driver instruction permit, shall not be issued to a
10person while the person is subject to a disqualification from
11driving a commercial motor vehicle, or unless otherwise
12permitted by this Code, while the person's driver's license is
13suspended, revoked or cancelled in any state, or any territory
14or province of Canada; nor may a CDL be issued to a person who
15has a CDL issued by any other state, or foreign jurisdiction,
16unless the person first surrenders all such licenses. No CDL
17shall be issued to or renewed for a person who does not meet
18the requirement of 49 CFR 391.41(b)(11). The requirement may be
19met with the aid of a hearing aid.
20 (c-1) The Secretary may issue a CDL with a school bus
21driver endorsement to allow a person to drive the type of bus
22described in subsection (d-5) of Section 6-104 of this Code.
23The CDL with a school bus driver endorsement may be issued only
24to a person meeting the following requirements:
25 (1) the person has submitted his or her fingerprints to
26 the Department of State Police in the form and manner

HB5597- 1467 -LRB098 15874 AMC 50917 b
1 prescribed by the Department of State Police. These
2 fingerprints shall be checked against the fingerprint
3 records now and hereafter filed in the Department of State
4 Police and Federal Bureau of Investigation criminal
5 history records databases;
6 (2) the person has passed a written test, administered
7 by the Secretary of State, on charter bus operation,
8 charter bus safety, and certain special traffic laws
9 relating to school buses determined by the Secretary of
10 State to be relevant to charter buses, and submitted to a
11 review of the driver applicant's driving habits by the
12 Secretary of State at the time the written test is given;
13 (3) the person has demonstrated physical fitness to
14 operate school buses by submitting the results of a medical
15 examination, including tests for drug use; and
16 (4) the person has not been convicted of committing or
17 attempting to commit any one or more of the following
18 offenses: (i) those offenses defined in Sections 8-1.2,
19 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
20 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
21 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
22 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
23 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
24 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
25 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
26 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,

HB5597- 1468 -LRB098 15874 AMC 50917 b
1 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
2 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
3 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
4 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
5 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
6 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
7 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
8 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
9 (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
10 (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
11 Section 12-3.05, and in subsection (a) and subsection (b),
12 clause (1), of Section 12-4, and in subsection (A), clauses
13 (a) and (b), of Section 24-3, and those offenses contained
14 in Article 29D of the Criminal Code of 1961 or the Criminal
15 Code of 2012; (ii) those offenses defined in the Cannabis
16 Control Act except those offenses defined in subsections
17 (a) and (b) of Section 4, and subsection (a) of Section 5
18 of the Cannabis Control Act; (iii) those offenses defined
19 in the Illinois Controlled Substances Act; (iv) those
20 offenses defined in the Methamphetamine Control and
21 Community Protection Act; (v) any offense committed or
22 attempted in any other state or against the laws of the
23 United States, which if committed or attempted in this
24 State would be punishable as one or more of the foregoing
25 offenses; (vi) the offenses defined in Sections 4.1 and 5.1
26 of the Wrongs to Children Act or Section 11-9.1A of the

HB5597- 1469 -LRB098 15874 AMC 50917 b
1 Criminal Code of 1961 or the Criminal Code of 2012; (vii)
2 those offenses defined in Section 6-16 of the Liquor
3 Control Act of 1934; and (viii) those offenses defined in
4 the Methamphetamine Precursor Control Act.
5 The Department of State Police shall charge a fee for
6conducting the criminal history records check, which shall be
7deposited into the State Police Services Fund and may not
8exceed the actual cost of the records check.
9 (c-2) The Secretary shall issue a CDL with a school bus
10endorsement to allow a person to drive a school bus as defined
11in this Section. The CDL shall be issued according to the
12requirements outlined in 49 C.F.R. 383. A person may not
13operate a school bus as defined in this Section without a
14school bus endorsement. The Secretary of State may adopt rules
15consistent with Federal guidelines to implement this
16subsection (c-2).
17 (d) Commercial driver instruction permit. A commercial
18driver instruction permit may be issued to any person holding a
19valid Illinois driver's license if such person successfully
20passes such tests as the Secretary determines to be necessary.
21A commercial driver instruction permit shall not be issued to a
22person who does not meet the requirements of 49 CFR 391.41
23(b)(11), except for the renewal of a commercial driver
24instruction permit for a person who possesses a commercial
25instruction permit prior to the effective date of this
26amendatory Act of 1999.

HB5597- 1470 -LRB098 15874 AMC 50917 b
1(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
31-1-14; revised 9-19-13.)
4 (Text of Section after amendment by P.A. 98-176)
5 Sec. 6-508. Commercial Driver's License (CDL) -
6qualification standards.
7 (a) Testing.
8 (1) General. No person shall be issued an original or
9 renewal CDL unless that person is domiciled in this State
10 or is applying for a non-domiciled CDL under Sections 6-509
11 and 6-510 of this Code. The Secretary shall cause to be
12 administered such tests as the Secretary deems necessary to
13 meet the requirements of 49 C.F.R. Part 383, subparts F, G,
14 H, and J.
15 (1.5) Effective July 1, 2014, no person shall be issued
16 an original CDL or an upgraded CDL that requires a skills
17 test unless that person has held a CLP, for a minimum of 14
18 calendar days, for the classification of vehicle and
19 endorsement, if any, for which the person is seeking a CDL.
20 (2) Third party testing. The Secretary of State state
21 may authorize a "third party tester", pursuant to 49 C.F.R.
22 Part 383.75 and 49 C.F.R. 384.228 and 384.229, to
23 administer the skills test or tests specified by the
24 Federal Motor Carrier Safety Administration pursuant to
25 the Commercial Motor Vehicle Safety Act of 1986 and any

HB5597- 1471 -LRB098 15874 AMC 50917 b
1 appropriate federal rule.
2 (b) Waiver of Skills Test. The Secretary of State may waive
3the skills test specified in this Section for a driver
4applicant for a commercial driver license who meets the
5requirements of 49 C.F.R. Part 383.77. The Secretary of State
6shall waive the skills tests specified in this Section for a
7driver applicant who has military commercial motor vehicle
8experience, subject to the requirements of 49 C.F.R. 383.77.
9 (b-1) No person shall be issued a CDL unless the person
10certifies to the Secretary one of the following types of
11driving operations in which he or she will be engaged:
12 (1) non-excepted interstate;
13 (2) non-excepted intrastate;
14 (3) excepted interstate; or
15 (4) excepted intrastate.
16 (b-2) (Blank).
17 (c) Limitations on issuance of a CDL. A CDL shall not be
18issued to a person while the person is subject to a
19disqualification from driving a commercial motor vehicle, or
20unless otherwise permitted by this Code, while the person's
21driver's license is suspended, revoked or cancelled in any
22state, or any territory or province of Canada; nor may a CLP or
23CDL be issued to a person who has a CLP or CDL issued by any
24other state, or foreign jurisdiction, nor may a CDL be issued
25to a person who has an Illinois CLP unless the person first
26surrenders all of these licenses or permits. However, a person

HB5597- 1472 -LRB098 15874 AMC 50917 b
1may hold an Illinois CLP and an Illinois CDL providing the CLP
2is necessary to train or practice for an endorsement or vehicle
3classification not present on the current CDL. No CDL shall be
4issued to or renewed for a person who does not meet the
5requirement of 49 CFR 391.41(b)(11). The requirement may be met
6with the aid of a hearing aid.
7 (c-1) The Secretary may issue a CDL with a school bus
8driver endorsement to allow a person to drive the type of bus
9described in subsection (d-5) of Section 6-104 of this Code.
10The CDL with a school bus driver endorsement may be issued only
11to a person meeting the following requirements:
12 (1) the person has submitted his or her fingerprints to
13 the Department of State Police in the form and manner
14 prescribed by the Department of State Police. These
15 fingerprints shall be checked against the fingerprint
16 records now and hereafter filed in the Department of State
17 Police and Federal Bureau of Investigation criminal
18 history records databases;
19 (2) the person has passed a written test, administered
20 by the Secretary of State, on charter bus operation,
21 charter bus safety, and certain special traffic laws
22 relating to school buses determined by the Secretary of
23 State to be relevant to charter buses, and submitted to a
24 review of the driver applicant's driving habits by the
25 Secretary of State at the time the written test is given;
26 (3) the person has demonstrated physical fitness to

HB5597- 1473 -LRB098 15874 AMC 50917 b
1 operate school buses by submitting the results of a medical
2 examination, including tests for drug use; and
3 (4) the person has not been convicted of committing or
4 attempting to commit any one or more of the following
5 offenses: (i) those offenses defined in Sections 8-1.2,
6 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
7 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
8 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
9 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
10 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
12 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
13 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
14 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
15 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
16 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
17 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
18 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
19 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
20 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
21 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
22 (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
23 (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
24 Section 12-3.05, and in subsection (a) and subsection (b),
25 clause (1), of Section 12-4, and in subsection (A), clauses
26 (a) and (b), of Section 24-3, and those offenses contained

HB5597- 1474 -LRB098 15874 AMC 50917 b
1 in Article 29D of the Criminal Code of 1961 or the Criminal
2 Code of 2012; (ii) those offenses defined in the Cannabis
3 Control Act except those offenses defined in subsections
4 (a) and (b) of Section 4, and subsection (a) of Section 5
5 of the Cannabis Control Act; (iii) those offenses defined
6 in the Illinois Controlled Substances Act; (iv) those
7 offenses defined in the Methamphetamine Control and
8 Community Protection Act; (v) any offense committed or
9 attempted in any other state or against the laws of the
10 United States, which if committed or attempted in this
11 State would be punishable as one or more of the foregoing
12 offenses; (vi) the offenses defined in Sections 4.1 and 5.1
13 of the Wrongs to Children Act or Section 11-9.1A of the
14 Criminal Code of 1961 or the Criminal Code of 2012; (vii)
15 those offenses defined in Section 6-16 of the Liquor
16 Control Act of 1934; and (viii) those offenses defined in
17 the Methamphetamine Precursor Control Act.
18 The Department of State Police shall charge a fee for
19conducting the criminal history records check, which shall be
20deposited into the State Police Services Fund and may not
21exceed the actual cost of the records check.
22 (c-2) The Secretary shall issue a CDL with a school bus
23endorsement to allow a person to drive a school bus as defined
24in this Section. The CDL shall be issued according to the
25requirements outlined in 49 C.F.R. 383. A person may not
26operate a school bus as defined in this Section without a

HB5597- 1475 -LRB098 15874 AMC 50917 b
1school bus endorsement. The Secretary of State may adopt rules
2consistent with Federal guidelines to implement this
3subsection (c-2).
4 (d) (Blank).
5(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
697-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
71-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
8 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
9 (Text of Section before amendment by P.A. 98-176)
10 Sec. 6-514. Commercial Driver's License (CDL) -
11Disqualifications.
12 (a) A person shall be disqualified from driving a
13commercial motor vehicle for a period of not less than 12
14months for the first violation of:
15 (1) Refusing to submit to or failure to complete a test
16 or tests authorized under Section 11-501.1 while driving a
17 commercial motor vehicle or, if the driver is a CDL holder,
18 while driving a non-CMV; or
19 (2) Operating a commercial motor vehicle while the
20 alcohol concentration of the person's blood, breath or
21 urine is at least 0.04, or any amount of a drug, substance,
22 or compound in the person's blood or urine resulting from
23 the unlawful use or consumption of cannabis listed in the
24 Cannabis Control Act, a controlled substance listed in the
25 Illinois Controlled Substances Act, or methamphetamine as

HB5597- 1476 -LRB098 15874 AMC 50917 b
1 listed in the Methamphetamine Control and Community
2 Protection Act as indicated by a police officer's sworn
3 report or other verified evidence; or operating a
4 non-commercial motor vehicle while the alcohol
5 concentration of the person's blood, breath, or urine was
6 above the legal limit defined in Section 11-501.1 or
7 11-501.8 or any amount of a drug, substance, or compound in
8 the person's blood or urine resulting from the unlawful use
9 or consumption of cannabis listed in the Cannabis Control
10 Act, a controlled substance listed in the Illinois
11 Controlled Substances Act, or methamphetamine as listed in
12 the Methamphetamine Control and Community Protection Act
13 as indicated by a police officer's sworn report or other
14 verified evidence while holding a commercial driver's
15 license; or
16 (3) Conviction for a first violation of:
17 (i) Driving a commercial motor vehicle or, if the
18 driver is a CDL holder, driving a non-CMV while under
19 the influence of alcohol, or any other drug, or
20 combination of drugs to a degree which renders such
21 person incapable of safely driving; or
22 (ii) Knowingly leaving the scene of an accident
23 while operating a commercial motor vehicle or, if the
24 driver is a CDL holder, while driving a non-CMV; or
25 (iii) Driving a commercial motor vehicle or, if the
26 driver is a CDL holder, driving a non-CMV while

HB5597- 1477 -LRB098 15874 AMC 50917 b
1 committing any felony; or
2 (iv) Driving a commercial motor vehicle while the
3 person's driving privileges or driver's license or
4 permit is revoked, suspended, or cancelled or the
5 driver is disqualified from operating a commercial
6 motor vehicle; or
7 (v) Causing a fatality through the negligent
8 operation of a commercial motor vehicle, including but
9 not limited to the crimes of motor vehicle
10 manslaughter, homicide by a motor vehicle, and
11 negligent homicide.
12 As used in this subdivision (a)(3)(v), "motor
13 vehicle manslaughter" means the offense of involuntary
14 manslaughter if committed by means of a vehicle;
15 "homicide by a motor vehicle" means the offense of
16 first degree murder or second degree murder, if either
17 offense is committed by means of a vehicle; and
18 "negligent homicide" means reckless homicide under
19 Section 9-3 of the Criminal Code of 1961 or the
20 Criminal Code of 2012 and aggravated driving under the
21 influence of alcohol, other drug or drugs,
22 intoxicating compound or compounds, or any combination
23 thereof under subdivision (d)(1)(F) of Section 11-501
24 of this Code.
25 If any of the above violations or refusals occurred
26 while transporting hazardous material(s) required to be

HB5597- 1478 -LRB098 15874 AMC 50917 b
1 placarded, the person shall be disqualified for a period of
2 not less than 3 years; or
3 (4) If the person is a qualifying patient licensed
4 under the Compassionate Use of Medical Cannabis Pilot
5 Program Act who is in possession of a valid registry card
6 issued under that Act, operating a commercial motor vehicle
7 under impairment resulting from the consumption of
8 cannabis, as determined by failure of standardized field
9 sobriety tests administered by a law enforcement officer as
10 directed by subsection (a-5) of Section 11-501.2.
11 (b) A person is disqualified for life for a second
12conviction of any of the offenses specified in paragraph (a),
13or any combination of those offenses, arising from 2 or more
14separate incidents.
15 (c) A person is disqualified from driving a commercial
16motor vehicle for life if the person either (i) uses a
17commercial motor vehicle in the commission of any felony
18involving the manufacture, distribution, or dispensing of a
19controlled substance, or possession with intent to
20manufacture, distribute or dispense a controlled substance or
21(ii) if the person is a CDL holder, uses a non-CMV in the
22commission of a felony involving any of those activities.
23 (d) The Secretary of State may, when the United States
24Secretary of Transportation so authorizes, issue regulations
25in which a disqualification for life under paragraph (b) may be
26reduced to a period of not less than 10 years. If a reinstated

HB5597- 1479 -LRB098 15874 AMC 50917 b
1driver is subsequently convicted of another disqualifying
2offense, as specified in subsection (a) of this Section, he or
3she shall be permanently disqualified for life and shall be
4ineligible to again apply for a reduction of the lifetime
5disqualification.
6 (e) A person is disqualified from driving a commercial
7motor vehicle for a period of not less than 2 months if
8convicted of 2 serious traffic violations, committed in a
9commercial motor vehicle, non-CMV while holding a CDL, or any
10combination thereof, arising from separate incidents,
11occurring within a 3 year period, provided the serious traffic
12violation committed in a non-CMV would result in the suspension
13or revocation of the CDL holder's non-CMV privileges. However,
14a person will be disqualified from driving a commercial motor
15vehicle for a period of not less than 4 months if convicted of
163 serious traffic violations, committed in a commercial motor
17vehicle, non-CMV while holding a CDL, or any combination
18thereof, arising from separate incidents, occurring within a 3
19year period, provided the serious traffic violation committed
20in a non-CMV would result in the suspension or revocation of
21the CDL holder's non-CMV privileges. If all the convictions
22occurred in a non-CMV, the disqualification shall be entered
23only if the convictions would result in the suspension or
24revocation of the CDL holder's non-CMV privileges.
25 (e-1) (Blank).
26 (f) Notwithstanding any other provision of this Code, any

HB5597- 1480 -LRB098 15874 AMC 50917 b
1driver disqualified from operating a commercial motor vehicle,
2pursuant to this UCDLA, shall not be eligible for restoration
3of commercial driving privileges during any such period of
4disqualification.
5 (g) After suspending, revoking, or cancelling a commercial
6driver's license, the Secretary of State must update the
7driver's records to reflect such action within 10 days. After
8suspending or revoking the driving privilege of any person who
9has been issued a CDL or commercial driver instruction permit
10from another jurisdiction, the Secretary shall originate
11notification to such issuing jurisdiction within 10 days.
12 (h) The "disqualifications" referred to in this Section
13shall not be imposed upon any commercial motor vehicle driver,
14by the Secretary of State, unless the prohibited action(s)
15occurred after March 31, 1992.
16 (i) A person is disqualified from driving a commercial
17motor vehicle in accordance with the following:
18 (1) For 6 months upon a first conviction of paragraph
19 (2) of subsection (b) or subsection (b-3) of Section 6-507
20 of this Code.
21 (2) For 2 years upon a second conviction of paragraph
22 (2) of subsection (b) or subsection (b-3) or any
23 combination of paragraphs (2) or (3) of subsection (b) or
24 subsections (b-3) or (b-5) of Section 6-507 of this Code
25 within a 10-year period if the second conviction is a
26 violation of paragraph (2) of subsection (b) or subsection

HB5597- 1481 -LRB098 15874 AMC 50917 b
1 (b-3).
2 (3) For 3 years upon a third or subsequent conviction
3 of paragraph (2) of subsection (b) or subsection (b-3) or
4 any combination of paragraphs (2) or (3) of subsection (b)
5 or subsections (b-3) or (b-5) of Section 6-507 of this Code
6 within a 10-year period if the third or subsequent
7 conviction is a violation of paragraph (2) of subsection
8 (b) or subsection (b-3).
9 (4) For one year upon a first conviction of paragraph
10 (3) of subsection (b) or subsection (b-5) of Section 6-507
11 of this Code.
12 (5) For 3 years upon a second conviction of paragraph
13 (3) of subsection (b) or subsection (b-5) or any
14 combination of paragraphs (2) or (3) of subsection (b) or
15 subsections (b-3) or (b-5) of Section 6-507 of this Code
16 within a 10-year period if the second conviction is a
17 violation of paragraph (3) of subsection (b) or (b-5).
18 (6) For 5 years upon a third or subsequent conviction
19 of paragraph (3) of subsection (b) or subsection (b-5) or
20 any combination of paragraphs (2) or (3) of subsection (b)
21 or subsections (b-3) or (b-5) of Section 6-507 of this Code
22 within a 10-year period if the third or subsequent
23 conviction is a violation of paragraph (3) of subsection
24 (b) or (b-5).
25 (j) Disqualification for railroad-highway grade crossing
26violation.

HB5597- 1482 -LRB098 15874 AMC 50917 b
1 (1) General rule. A driver who is convicted of a
2 violation of a federal, State, or local law or regulation
3 pertaining to one of the following 6 offenses at a
4 railroad-highway grade crossing must be disqualified from
5 operating a commercial motor vehicle for the period of time
6 specified in paragraph (2) of this subsection (j) if the
7 offense was committed while operating a commercial motor
8 vehicle:
9 (i) For drivers who are not required to always
10 stop, failing to slow down and check that the tracks
11 are clear of an approaching train or railroad track
12 equipment, as described in subsection (a-5) of Section
13 11-1201 of this Code;
14 (ii) For drivers who are not required to always
15 stop, failing to stop before reaching the crossing, if
16 the tracks are not clear, as described in subsection
17 (a) of Section 11-1201 of this Code;
18 (iii) For drivers who are always required to stop,
19 failing to stop before driving onto the crossing, as
20 described in Section 11-1202 of this Code;
21 (iv) For all drivers, failing to have sufficient
22 space to drive completely through the crossing without
23 stopping, as described in subsection (b) of Section
24 11-1425 of this Code;
25 (v) For all drivers, failing to obey a traffic
26 control device or the directions of an enforcement

HB5597- 1483 -LRB098 15874 AMC 50917 b
1 official at the crossing, as described in subdivision
2 (a)2 of Section 11-1201 of this Code;
3 (vi) For all drivers, failing to negotiate a
4 crossing because of insufficient undercarriage
5 clearance, as described in subsection (d-1) of Section
6 11-1201 of this Code.
7 (2) Duration of disqualification for railroad-highway
8 grade crossing violation.
9 (i) First violation. A driver must be disqualified
10 from operating a commercial motor vehicle for not less
11 than 60 days if the driver is convicted of a violation
12 described in paragraph (1) of this subsection (j) and,
13 in the three-year period preceding the conviction, the
14 driver had no convictions for a violation described in
15 paragraph (1) of this subsection (j).
16 (ii) Second violation. A driver must be
17 disqualified from operating a commercial motor vehicle
18 for not less than 120 days if the driver is convicted
19 of a violation described in paragraph (1) of this
20 subsection (j) and, in the three-year period preceding
21 the conviction, the driver had one other conviction for
22 a violation described in paragraph (1) of this
23 subsection (j) that was committed in a separate
24 incident.
25 (iii) Third or subsequent violation. A driver must
26 be disqualified from operating a commercial motor

HB5597- 1484 -LRB098 15874 AMC 50917 b
1 vehicle for not less than one year if the driver is
2 convicted of a violation described in paragraph (1) of
3 this subsection (j) and, in the three-year period
4 preceding the conviction, the driver had 2 or more
5 other convictions for violations described in
6 paragraph (1) of this subsection (j) that were
7 committed in separate incidents.
8 (k) Upon notification of a disqualification of a driver's
9commercial motor vehicle privileges imposed by the U.S.
10Department of Transportation, Federal Motor Carrier Safety
11Administration, in accordance with 49 C.F.R. 383.52, the
12Secretary of State shall immediately record to the driving
13record the notice of disqualification and confirm to the driver
14the action that has been taken.
15(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
1698-122, eff. 1-1-14.)
17 (Text of Section after amendment by P.A. 98-176)
18 Sec. 6-514. Commercial driver's license (CDL); commercial
19learner's permit (CLP); disqualifications. Commercial Driver's
20License (CDL) - Disqualifications.
21 (a) A person shall be disqualified from driving a
22commercial motor vehicle for a period of not less than 12
23months for the first violation of:
24 (1) Refusing to submit to or failure to complete a test
25 or tests authorized under Section 11-501.1 while driving a

HB5597- 1485 -LRB098 15874 AMC 50917 b
1 commercial motor vehicle or, if the driver is a CLP or CDL
2 holder, while driving a non-CMV; or
3 (2) Operating a commercial motor vehicle while the
4 alcohol concentration of the person's blood, breath or
5 urine is at least 0.04, or any amount of a drug, substance,
6 or compound in the person's blood or urine resulting from
7 the unlawful use or consumption of cannabis listed in the
8 Cannabis Control Act, a controlled substance listed in the
9 Illinois Controlled Substances Act, or methamphetamine as
10 listed in the Methamphetamine Control and Community
11 Protection Act as indicated by a police officer's sworn
12 report or other verified evidence; or operating a
13 non-commercial motor vehicle while the alcohol
14 concentration of the person's blood, breath, or urine was
15 above the legal limit defined in Section 11-501.1 or
16 11-501.8 or any amount of a drug, substance, or compound in
17 the person's blood or urine resulting from the unlawful use
18 or consumption of cannabis listed in the Cannabis Control
19 Act, a controlled substance listed in the Illinois
20 Controlled Substances Act, or methamphetamine as listed in
21 the Methamphetamine Control and Community Protection Act
22 as indicated by a police officer's sworn report or other
23 verified evidence while holding a CLP or CDL; or
24 (3) Conviction for a first violation of:
25 (i) Driving a commercial motor vehicle or, if the
26 driver is a CLP or CDL holder, driving a non-CMV while

HB5597- 1486 -LRB098 15874 AMC 50917 b
1 under the influence of alcohol, or any other drug, or
2 combination of drugs to a degree which renders such
3 person incapable of safely driving; or
4 (ii) Knowingly leaving the scene of an accident
5 while operating a commercial motor vehicle or, if the
6 driver is a CLP or CDL holder, while driving a non-CMV;
7 or
8 (iii) Driving a commercial motor vehicle or, if the
9 driver is a CLP or CDL holder, driving a non-CMV while
10 committing any felony; or
11 (iv) Driving a commercial motor vehicle while the
12 person's driving privileges or driver's license or
13 permit is revoked, suspended, or cancelled or the
14 driver is disqualified from operating a commercial
15 motor vehicle; or
16 (v) Causing a fatality through the negligent
17 operation of a commercial motor vehicle, including but
18 not limited to the crimes of motor vehicle
19 manslaughter, homicide by a motor vehicle, and
20 negligent homicide.
21 As used in this subdivision (a)(3)(v), "motor
22 vehicle manslaughter" means the offense of involuntary
23 manslaughter if committed by means of a vehicle;
24 "homicide by a motor vehicle" means the offense of
25 first degree murder or second degree murder, if either
26 offense is committed by means of a vehicle; and

HB5597- 1487 -LRB098 15874 AMC 50917 b
1 "negligent homicide" means reckless homicide under
2 Section 9-3 of the Criminal Code of 1961 or the
3 Criminal Code of 2012 and aggravated driving under the
4 influence of alcohol, other drug or drugs,
5 intoxicating compound or compounds, or any combination
6 thereof under subdivision (d)(1)(F) of Section 11-501
7 of this Code.
8 If any of the above violations or refusals occurred
9 while transporting hazardous material(s) required to be
10 placarded, the person shall be disqualified for a period of
11 not less than 3 years; or
12 (4) If the person is a qualifying patient licensed
13 under the Compassionate Use of Medical Cannabis Pilot
14 Program Act who is in possession of a valid registry card
15 issued under that Act, operating a commercial motor vehicle
16 under impairment resulting from the consumption of
17 cannabis, as determined by failure of standardized field
18 sobriety tests administered by a law enforcement officer as
19 directed by subsection (a-5) of Section 11-501.2.
20 (b) A person is disqualified for life for a second
21conviction of any of the offenses specified in paragraph (a),
22or any combination of those offenses, arising from 2 or more
23separate incidents.
24 (c) A person is disqualified from driving a commercial
25motor vehicle for life if the person either (i) uses a
26commercial motor vehicle in the commission of any felony

HB5597- 1488 -LRB098 15874 AMC 50917 b
1involving the manufacture, distribution, or dispensing of a
2controlled substance, or possession with intent to
3manufacture, distribute or dispense a controlled substance or
4(ii) if the person is a CLP or CDL holder, uses a non-CMV in the
5commission of a felony involving any of those activities.
6 (d) The Secretary of State may, when the United States
7Secretary of Transportation so authorizes, issue regulations
8in which a disqualification for life under paragraph (b) may be
9reduced to a period of not less than 10 years. If a reinstated
10driver is subsequently convicted of another disqualifying
11offense, as specified in subsection (a) of this Section, he or
12she shall be permanently disqualified for life and shall be
13ineligible to again apply for a reduction of the lifetime
14disqualification.
15 (e) A person is disqualified from driving a commercial
16motor vehicle for a period of not less than 2 months if
17convicted of 2 serious traffic violations, committed in a
18commercial motor vehicle, non-CMV while holding a CLP or CDL,
19or any combination thereof, arising from separate incidents,
20occurring within a 3 year period, provided the serious traffic
21violation committed in a non-CMV would result in the suspension
22or revocation of the CLP or CDL holder's non-CMV privileges.
23However, a person will be disqualified from driving a
24commercial motor vehicle for a period of not less than 4 months
25if convicted of 3 serious traffic violations, committed in a
26commercial motor vehicle, non-CMV while holding a CLP or CDL,

HB5597- 1489 -LRB098 15874 AMC 50917 b
1or any combination thereof, arising from separate incidents,
2occurring within a 3 year period, provided the serious traffic
3violation committed in a non-CMV would result in the suspension
4or revocation of the CLP or CDL holder's non-CMV privileges. If
5all the convictions occurred in a non-CMV, the disqualification
6shall be entered only if the convictions would result in the
7suspension or revocation of the CLP or CDL holder's non-CMV
8privileges.
9 (e-1) (Blank).
10 (f) Notwithstanding any other provision of this Code, any
11driver disqualified from operating a commercial motor vehicle,
12pursuant to this UCDLA, shall not be eligible for restoration
13of commercial driving privileges during any such period of
14disqualification.
15 (g) After suspending, revoking, or cancelling a CLP or CDL,
16the Secretary of State must update the driver's records to
17reflect such action within 10 days. After suspending or
18revoking the driving privilege of any person who has been
19issued a CLP or CDL from another jurisdiction, the Secretary
20shall originate notification to such issuing jurisdiction
21within 10 days.
22 (h) The "disqualifications" referred to in this Section
23shall not be imposed upon any commercial motor vehicle driver,
24by the Secretary of State, unless the prohibited action(s)
25occurred after March 31, 1992.
26 (i) A person is disqualified from driving a commercial

HB5597- 1490 -LRB098 15874 AMC 50917 b
1motor vehicle in accordance with the following:
2 (1) For 6 months upon a first conviction of paragraph
3 (2) of subsection (b) or subsection (b-3) of Section 6-507
4 of this Code.
5 (2) For 2 years upon a second conviction of paragraph
6 (2) of subsection (b) or subsection (b-3) or any
7 combination of paragraphs (2) or (3) of subsection (b) or
8 subsections (b-3) or (b-5) of Section 6-507 of this Code
9 within a 10-year period if the second conviction is a
10 violation of paragraph (2) of subsection (b) or subsection
11 (b-3).
12 (3) For 3 years upon a third or subsequent conviction
13 of paragraph (2) of subsection (b) or subsection (b-3) or
14 any combination of paragraphs (2) or (3) of subsection (b)
15 or subsections (b-3) or (b-5) of Section 6-507 of this Code
16 within a 10-year period if the third or subsequent
17 conviction is a violation of paragraph (2) of subsection
18 (b) or subsection (b-3).
19 (4) For one year upon a first conviction of paragraph
20 (3) of subsection (b) or subsection (b-5) of Section 6-507
21 of this Code.
22 (5) For 3 years upon a second conviction of paragraph
23 (3) of subsection (b) or subsection (b-5) or any
24 combination of paragraphs (2) or (3) of subsection (b) or
25 subsections (b-3) or (b-5) of Section 6-507 of this Code
26 within a 10-year period if the second conviction is a

HB5597- 1491 -LRB098 15874 AMC 50917 b
1 violation of paragraph (3) of subsection (b) or (b-5).
2 (6) For 5 years upon a third or subsequent conviction
3 of paragraph (3) of subsection (b) or subsection (b-5) or
4 any combination of paragraphs (2) or (3) of subsection (b)
5 or subsections (b-3) or (b-5) of Section 6-507 of this Code
6 within a 10-year period if the third or subsequent
7 conviction is a violation of paragraph (3) of subsection
8 (b) or (b-5).
9 (j) Disqualification for railroad-highway grade crossing
10violation.
11 (1) General rule. A driver who is convicted of a
12 violation of a federal, State, or local law or regulation
13 pertaining to one of the following 6 offenses at a
14 railroad-highway grade crossing must be disqualified from
15 operating a commercial motor vehicle for the period of time
16 specified in paragraph (2) of this subsection (j) if the
17 offense was committed while operating a commercial motor
18 vehicle:
19 (i) For drivers who are not required to always
20 stop, failing to slow down and check that the tracks
21 are clear of an approaching train or railroad track
22 equipment, as described in subsection (a-5) of Section
23 11-1201 of this Code;
24 (ii) For drivers who are not required to always
25 stop, failing to stop before reaching the crossing, if
26 the tracks are not clear, as described in subsection

HB5597- 1492 -LRB098 15874 AMC 50917 b
1 (a) of Section 11-1201 of this Code;
2 (iii) For drivers who are always required to stop,
3 failing to stop before driving onto the crossing, as
4 described in Section 11-1202 of this Code;
5 (iv) For all drivers, failing to have sufficient
6 space to drive completely through the crossing without
7 stopping, as described in subsection (b) of Section
8 11-1425 of this Code;
9 (v) For all drivers, failing to obey a traffic
10 control device or the directions of an enforcement
11 official at the crossing, as described in subdivision
12 (a)2 of Section 11-1201 of this Code;
13 (vi) For all drivers, failing to negotiate a
14 crossing because of insufficient undercarriage
15 clearance, as described in subsection (d-1) of Section
16 11-1201 of this Code.
17 (2) Duration of disqualification for railroad-highway
18 grade crossing violation.
19 (i) First violation. A driver must be disqualified
20 from operating a commercial motor vehicle for not less
21 than 60 days if the driver is convicted of a violation
22 described in paragraph (1) of this subsection (j) and,
23 in the three-year period preceding the conviction, the
24 driver had no convictions for a violation described in
25 paragraph (1) of this subsection (j).
26 (ii) Second violation. A driver must be

HB5597- 1493 -LRB098 15874 AMC 50917 b
1 disqualified from operating a commercial motor vehicle
2 for not less than 120 days if the driver is convicted
3 of a violation described in paragraph (1) of this
4 subsection (j) and, in the three-year period preceding
5 the conviction, the driver had one other conviction for
6 a violation described in paragraph (1) of this
7 subsection (j) that was committed in a separate
8 incident.
9 (iii) Third or subsequent violation. A driver must
10 be disqualified from operating a commercial motor
11 vehicle for not less than one year if the driver is
12 convicted of a violation described in paragraph (1) of
13 this subsection (j) and, in the three-year period
14 preceding the conviction, the driver had 2 or more
15 other convictions for violations described in
16 paragraph (1) of this subsection (j) that were
17 committed in separate incidents.
18 (k) Upon notification of a disqualification of a driver's
19commercial motor vehicle privileges imposed by the U.S.
20Department of Transportation, Federal Motor Carrier Safety
21Administration, in accordance with 49 C.F.R. 383.52, the
22Secretary of State shall immediately record to the driving
23record the notice of disqualification and confirm to the driver
24the action that has been taken.
25(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
2698-122, eff. 1-1-14; 98-176, eff. 7-1-14; revised 8-8-13.)

HB5597- 1494 -LRB098 15874 AMC 50917 b
1 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
2 Sec. 11-208. Powers of local authorities.
3 (a) The provisions of this Code shall not be deemed to
4prevent local authorities with respect to streets and highways
5under their jurisdiction and within the reasonable exercise of
6the police power from:
7 1. Regulating the standing or parking of vehicles,
8 except as limited by Sections 11-1306 and 11-1307 of this
9 Act;
10 2. Regulating traffic by means of police officers or
11 traffic control signals;
12 3. Regulating or prohibiting processions or
13 assemblages on the highways; and certifying persons to
14 control traffic for processions or assemblages;
15 4. Designating particular highways as one-way highways
16 and requiring that all vehicles thereon be moved in one
17 specific direction;
18 5. Regulating the speed of vehicles in public parks
19 subject to the limitations set forth in Section 11-604;
20 6. Designating any highway as a through highway, as
21 authorized in Section 11-302, and requiring that all
22 vehicles stop before entering or crossing the same or
23 designating any intersection as a stop intersection or a
24 yield right-of-way intersection and requiring all vehicles
25 to stop or yield the right-of-way at one or more entrances

HB5597- 1495 -LRB098 15874 AMC 50917 b
1 to such intersections;
2 7. Restricting the use of highways as authorized in
3 Chapter 15;
4 8. Regulating the operation of bicycles and requiring
5 the registration and licensing of same, including the
6 requirement of a registration fee;
7 9. Regulating or prohibiting the turning of vehicles or
8 specified types of vehicles at intersections;
9 10. Altering the speed limits as authorized in Section
10 11-604;
11 11. Prohibiting U-turns;
12 12. Prohibiting pedestrian crossings at other than
13 designated and marked crosswalks or at intersections;
14 13. Prohibiting parking during snow removal operation;
15 14. Imposing fines in accordance with Section
16 11-1301.3 as penalties for use of any parking place
17 reserved for persons with disabilities, as defined by
18 Section 1-159.1, or disabled veterans by any person using a
19 motor vehicle not bearing registration plates specified in
20 Section 11-1301.1 or a special decal or device as defined
21 in Section 11-1301.2 as evidence that the vehicle is
22 operated by or for a person with disabilities or disabled
23 veteran;
24 15. Adopting such other traffic regulations as are
25 specifically authorized by this Code; or
26 16. Enforcing the provisions of subsection (f) of

HB5597- 1496 -LRB098 15874 AMC 50917 b
1 Section 3-413 of this Code or a similar local ordinance.
2 (b) No ordinance or regulation enacted under subsections 1,
34, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
4until signs giving reasonable notice of such local traffic
5regulations are posted.
6 (c) The provisions of this Code shall not prevent any
7municipality having a population of 500,000 or more inhabitants
8from prohibiting any person from driving or operating any motor
9vehicle upon the roadways of such municipality with headlamps
10on high beam or bright.
11 (d) The provisions of this Code shall not be deemed to
12prevent local authorities within the reasonable exercise of
13their police power from prohibiting, on private property, the
14unauthorized use of parking spaces reserved for persons with
15disabilities.
16 (e) No unit of local government, including a home rule
17unit, may enact or enforce an ordinance that applies only to
18motorcycles if the principal purpose for that ordinance is to
19restrict the access of motorcycles to any highway or portion of
20a highway for which federal or State funds have been used for
21the planning, design, construction, or maintenance of that
22highway. No unit of local government, including a home rule
23unit, may enact an ordinance requiring motorcycle users to wear
24protective headgear. Nothing in this subsection (e) shall
25affect the authority of a unit of local government to regulate
26motorcycles for traffic control purposes or in accordance with

HB5597- 1497 -LRB098 15874 AMC 50917 b
1Section 12-602 of this Code. No unit of local government,
2including a home rule unit, may regulate motorcycles in a
3manner inconsistent with this Code. This subsection (e) is a
4limitation under subsection (i) of Section 6 of Article VII of
5the Illinois Constitution on the concurrent exercise by home
6rule units of powers and functions exercised by the State.
7 (f) A municipality or county designated in Section 11-208.6
8may enact an ordinance providing for an automated traffic law
9enforcement system to enforce violations of this Code or a
10similar provision of a local ordinance and imposing liability
11on a registered owner or lessee of a vehicle used in such a
12violation.
13 (g) A municipality or county, as provided in Section
1411-1201.1, may enact an ordinance providing for an automated
15traffic law enforcement system to enforce violations of Section
1611-1201 of this Code or a similar provision of a local
17ordinance and imposing liability on a registered owner of a
18vehicle used in such a violation.
19 (h) A municipality designated in Section 11-208.8 may enact
20an ordinance providing for an automated speed enforcement
21system to enforce violations of Article VI of Chapter 11 of
22this Code or a similar provision of a local ordinance.
23 (i) A municipality or county designated in Section 11-208.9
24may enact an ordinance providing for an automated traffic law
25enforcement system to enforce violations of Section 11-1414 of
26this Code or a similar provision of a local ordinance and

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1imposing liability on a registered owner or lessee of a vehicle
2used in such a violation.
3(Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396,
4eff. 1-1-14; 98-556, eff. 1-1-14; revised 9-19-13.)
5 (625 ILCS 5/11-208.7)
6 Sec. 11-208.7. Administrative fees and procedures for
7impounding vehicles for specified violations.
8 (a) Any municipality may, consistent with this Section,
9provide by ordinance procedures for the release of properly
10impounded vehicles and for the imposition of a reasonable
11administrative fee related to its administrative and
12processing costs associated with the investigation, arrest,
13and detention of an offender, or the removal, impoundment,
14storage, and release of the vehicle. The administrative fee
15imposed by the municipality may be in addition to any fees
16charged for the towing and storage of an impounded vehicle. The
17administrative fee shall be waived by the municipality upon
18verifiable proof that the vehicle was stolen at the time the
19vehicle was impounded.
20 (b) Any ordinance establishing procedures for the release
21of properly impounded vehicles under this Section may impose
22fees for the following violations:
23 (1) operation or use of a motor vehicle in the
24 commission of, or in the attempt to commit, an offense for
25 which a motor vehicle may be seized and forfeited pursuant

HB5597- 1499 -LRB098 15874 AMC 50917 b
1 to Section 36-1 of the Criminal Code of 2012; or
2 (2) driving under the influence of alcohol, another
3 drug or drugs, an intoxicating compound or compounds, or
4 any combination thereof, in violation of Section 11-501 of
5 this Code; or
6 (3) operation or use of a motor vehicle in the
7 commission of, or in the attempt to commit, a felony or in
8 violation of the Cannabis Control Act; or
9 (4) operation or use of a motor vehicle in the
10 commission of, or in the attempt to commit, an offense in
11 violation of the Illinois Controlled Substances Act; or
12 (5) operation or use of a motor vehicle in the
13 commission of, or in the attempt to commit, an offense in
14 violation of Section 24-1, 24-1.5, or 24-3.1 of the
15 Criminal Code of 1961 or the Criminal Code of 2012; or
16 (6) driving while a driver's license, permit, or
17 privilege to operate a motor vehicle is suspended or
18 revoked pursuant to Section 6-303 of this Code; except that
19 vehicles shall not be subjected to seizure or impoundment
20 if the suspension is for an unpaid citation (parking or
21 moving) or due to failure to comply with emission testing;
22 or
23 (7) operation or use of a motor vehicle while
24 soliciting, possessing, or attempting to solicit or
25 possess cannabis or a controlled substance, as defined by
26 the Cannabis Control Act or the Illinois Controlled

HB5597- 1500 -LRB098 15874 AMC 50917 b
1 Substances Act; or
2 (8) operation or use of a motor vehicle with an expired
3 driver's license, in violation of Section 6-101 of this
4 Code, if the period of expiration is greater than one year;
5 or
6 (9) operation or use of a motor vehicle without ever
7 having been issued a driver's license or permit, in
8 violation of Section 6-101 of this Code, or operating a
9 motor vehicle without ever having been issued a driver's
10 license or permit due to a person's age; or
11 (10) operation or use of a motor vehicle by a person
12 against whom a warrant has been issued by a circuit clerk
13 in Illinois for failing to answer charges that the driver
14 violated Section 6-101, 6-303, or 11-501 of this Code; or
15 (11) operation or use of a motor vehicle in the
16 commission of, or in the attempt to commit, an offense in
17 violation of Article 16 or 16A of the Criminal Code of 1961
18 or the Criminal Code of 2012; or
19 (12) operation or use of a motor vehicle in the
20 commission of, or in the attempt to commit, any other
21 misdemeanor or felony offense in violation of the Criminal
22 Code of 1961 or the Criminal Code of 2012, when so provided
23 by local ordinance; or
24 (13) operation or use of a motor vehicle in violation
25 of Section 11-503 of this Code:
26 (A) while the vehicle is part of a funeral

HB5597- 1501 -LRB098 15874 AMC 50917 b
1 procession; or
2 (B) in a manner that interferes with a funeral
3 procession.
4 (c) The following shall apply to any fees imposed for
5administrative and processing costs pursuant to subsection
6(b):
7 (1) All administrative fees and towing and storage
8 charges shall be imposed on the registered owner of the
9 motor vehicle or the agents of that owner.
10 (2) The fees shall be in addition to (i) any other
11 penalties that may be assessed by a court of law for the
12 underlying violations; and (ii) any towing or storage fees,
13 or both, charged by the towing company.
14 (3) The fees shall be uniform for all similarly
15 situated vehicles.
16 (4) The fees shall be collected by and paid to the
17 municipality imposing the fees.
18 (5) The towing or storage fees, or both, shall be
19 collected by and paid to the person, firm, or entity that
20 tows and stores the impounded vehicle.
21 (d) Any ordinance establishing procedures for the release
22of properly impounded vehicles under this Section shall provide
23for an opportunity for a hearing, as provided in subdivision
24(b)(4) of Section 11-208.3 of this Code, and for the release of
25the vehicle to the owner of record, lessee, or a lienholder of
26record upon payment of all administrative fees and towing and

HB5597- 1502 -LRB098 15874 AMC 50917 b
1storage fees.
2 (e) Any ordinance establishing procedures for the
3impoundment and release of vehicles under this Section shall
4include the following provisions concerning notice of
5impoundment:
6 (1) Whenever a police officer has cause to believe that
7 a motor vehicle is subject to impoundment, the officer
8 shall provide for the towing of the vehicle to a facility
9 authorized by the municipality.
10 (2) At the time the vehicle is towed, the municipality
11 shall notify or make a reasonable attempt to notify the
12 owner, lessee, or person identifying himself or herself as
13 the owner or lessee of the vehicle, or any person who is
14 found to be in control of the vehicle at the time of the
15 alleged offense, of the fact of the seizure, and of the
16 vehicle owner's or lessee's right to an administrative
17 hearing.
18 (3) The municipality shall also provide notice that the
19 motor vehicle will remain impounded pending the completion
20 of an administrative hearing, unless the owner or lessee of
21 the vehicle or a lienholder posts with the municipality a
22 bond equal to the administrative fee as provided by
23 ordinance and pays for all towing and storage charges.
24 (f) Any ordinance establishing procedures for the
25impoundment and release of vehicles under this Section shall
26include a provision providing that the registered owner or

HB5597- 1503 -LRB098 15874 AMC 50917 b
1lessee of the vehicle and any lienholder of record shall be
2provided with a notice of hearing. The notice shall:
3 (1) be served upon the owner, lessee, and any
4 lienholder of record either by personal service or by first
5 class mail to the interested party's address as registered
6 with the Secretary of State;
7 (2) be served upon interested parties within 10 days
8 after a vehicle is impounded by the municipality; and
9 (3) contain the date, time, and location of the
10 administrative hearing. An initial hearing shall be
11 scheduled and convened no later than 45 days after the date
12 of the mailing of the notice of hearing.
13 (g) In addition to the requirements contained in
14subdivision (b)(4) of Section 11-208.3 of this Code relating to
15administrative hearings, any ordinance providing for the
16impoundment and release of vehicles under this Section shall
17include the following requirements concerning administrative
18hearings:
19 (1) administrative hearings shall be conducted by a
20 hearing officer who is an attorney licensed to practice law
21 in this State for a minimum of 3 years;
22 (2) at the conclusion of the administrative hearing,
23 the hearing officer shall issue a written decision either
24 sustaining or overruling the vehicle impoundment;
25 (3) if the basis for the vehicle impoundment is
26 sustained by the administrative hearing officer, any

HB5597- 1504 -LRB098 15874 AMC 50917 b
1 administrative fee posted to secure the release of the
2 vehicle shall be forfeited to the municipality;
3 (4) all final decisions of the administrative hearing
4 officer shall be subject to review under the provisions of
5 the Administrative Review Law; and
6 (5) unless the administrative hearing officer
7 overturns the basis for the vehicle impoundment, no vehicle
8 shall be released to the owner, lessee, or lienholder of
9 record until all administrative fees and towing and storage
10 charges are paid.
11 (h) Vehicles not retrieved from the towing facility or
12storage facility within 35 days after the administrative
13hearing officer issues a written decision shall be deemed
14abandoned and disposed of in accordance with the provisions of
15Article II of Chapter 4 of this Code.
16 (i) Unless stayed by a court of competent jurisdiction, any
17fine, penalty, or administrative fee imposed under this Section
18which remains unpaid in whole or in part after the expiration
19of the deadline for seeking judicial review under the
20Administrative Review Law may be enforced in the same manner as
21a judgment entered by a court of competent jurisdiction.
22(Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13;
2398-518, eff. 8-22-13; revised 9-19-13.)
24 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
25 Sec. 11-501. Driving while under the influence of alcohol,

HB5597- 1505 -LRB098 15874 AMC 50917 b
1other drug or drugs, intoxicating compound or compounds or any
2combination thereof.
3 (a) A person shall not drive or be in actual physical
4control of any vehicle within this State while:
5 (1) the alcohol concentration in the person's blood or
6 breath is 0.08 or more based on the definition of blood and
7 breath units in Section 11-501.2;
8 (2) under the influence of alcohol;
9 (3) under the influence of any intoxicating compound or
10 combination of intoxicating compounds to a degree that
11 renders the person incapable of driving safely;
12 (4) under the influence of any other drug or
13 combination of drugs to a degree that renders the person
14 incapable of safely driving;
15 (5) under the combined influence of alcohol, other drug
16 or drugs, or intoxicating compound or compounds to a degree
17 that renders the person incapable of safely driving; or
18 (6) there is any amount of a drug, substance, or
19 compound in the person's breath, blood, or urine resulting
20 from the unlawful use or consumption of cannabis listed in
21 the Cannabis Control Act, a controlled substance listed in
22 the Illinois Controlled Substances Act, an intoxicating
23 compound listed in the Use of Intoxicating Compounds Act,
24 or methamphetamine as listed in the Methamphetamine
25 Control and Community Protection Act. Subject to all other
26 requirements and provisions under this Section, this

HB5597- 1506 -LRB098 15874 AMC 50917 b
1 paragraph (6) does not apply to the lawful consumption of
2 cannabis by a qualifying patient licensed under the
3 Compassionate Use of Medical Cannabis Pilot Program Act who
4 is in possession of a valid registry card issued under that
5 Act, unless that person is impaired by the use of cannabis.
6 (b) The fact that any person charged with violating this
7Section is or has been legally entitled to use alcohol,
8cannabis under the Compassionate Use of Medical Cannabis Pilot
9Program Act, other drug or drugs, or intoxicating compound or
10compounds, or any combination thereof, shall not constitute a
11defense against any charge of violating this Section.
12 (c) Penalties.
13 (1) Except as otherwise provided in this Section, any
14 person convicted of violating subsection (a) of this
15 Section is guilty of a Class A misdemeanor.
16 (2) A person who violates subsection (a) or a similar
17 provision a second time shall be sentenced to a mandatory
18 minimum term of either 5 days of imprisonment or 240 hours
19 of community service in addition to any other criminal or
20 administrative sanction.
21 (3) A person who violates subsection (a) is subject to
22 6 months of imprisonment, an additional mandatory minimum
23 fine of $1,000, and 25 days of community service in a
24 program benefiting children if the person was transporting
25 a person under the age of 16 at the time of the violation.
26 (4) A person who violates subsection (a) a first time,

HB5597- 1507 -LRB098 15874 AMC 50917 b
1 if the alcohol concentration in his or her blood, breath,
2 or urine was 0.16 or more based on the definition of blood,
3 breath, or urine units in Section 11-501.2, shall be
4 subject, in addition to any other penalty that may be
5 imposed, to a mandatory minimum of 100 hours of community
6 service and a mandatory minimum fine of $500.
7 (5) A person who violates subsection (a) a second time,
8 if at the time of the second violation the alcohol
9 concentration in his or her blood, breath, or urine was
10 0.16 or more based on the definition of blood, breath, or
11 urine units in Section 11-501.2, shall be subject, in
12 addition to any other penalty that may be imposed, to a
13 mandatory minimum of 2 days of imprisonment and a mandatory
14 minimum fine of $1,250.
15 (d) Aggravated driving under the influence of alcohol,
16other drug or drugs, or intoxicating compound or compounds, or
17any combination thereof.
18 (1) Every person convicted of committing a violation of
19 this Section shall be guilty of aggravated driving under
20 the influence of alcohol, other drug or drugs, or
21 intoxicating compound or compounds, or any combination
22 thereof if:
23 (A) the person committed a violation of subsection
24 (a) or a similar provision for the third or subsequent
25 time;
26 (B) the person committed a violation of subsection

HB5597- 1508 -LRB098 15874 AMC 50917 b
1 (a) while driving a school bus with one or more
2 passengers on board;
3 (C) the person in committing a violation of
4 subsection (a) was involved in a motor vehicle accident
5 that resulted in great bodily harm or permanent
6 disability or disfigurement to another, when the
7 violation was a proximate cause of the injuries;
8 (D) the person committed a violation of subsection
9 (a) and has been previously convicted of violating
10 Section 9-3 of the Criminal Code of 1961 or the
11 Criminal Code of 2012 or a similar provision of a law
12 of another state relating to reckless homicide in which
13 the person was determined to have been under the
14 influence of alcohol, other drug or drugs, or
15 intoxicating compound or compounds as an element of the
16 offense or the person has previously been convicted
17 under subparagraph (C) or subparagraph (F) of this
18 paragraph (1);
19 (E) the person, in committing a violation of
20 subsection (a) while driving at any speed in a school
21 speed zone at a time when a speed limit of 20 miles per
22 hour was in effect under subsection (a) of Section
23 11-605 of this Code, was involved in a motor vehicle
24 accident that resulted in bodily harm, other than great
25 bodily harm or permanent disability or disfigurement,
26 to another person, when the violation of subsection (a)

HB5597- 1509 -LRB098 15874 AMC 50917 b
1 was a proximate cause of the bodily harm;
2 (F) the person, in committing a violation of
3 subsection (a), was involved in a motor vehicle,
4 snowmobile, all-terrain vehicle, or watercraft
5 accident that resulted in the death of another person,
6 when the violation of subsection (a) was a proximate
7 cause of the death;
8 (G) the person committed a violation of subsection
9 (a) during a period in which the defendant's driving
10 privileges are revoked or suspended, where the
11 revocation or suspension was for a violation of
12 subsection (a) or a similar provision, Section
13 11-501.1, paragraph (b) of Section 11-401, or for
14 reckless homicide as defined in Section 9-3 of the
15 Criminal Code of 1961 or the Criminal Code of 2012;
16 (H) the person committed the violation while he or
17 she did not possess a driver's license or permit or a
18 restricted driving permit or a judicial driving permit
19 or a monitoring device driving permit;
20 (I) the person committed the violation while he or
21 she knew or should have known that the vehicle he or
22 she was driving was not covered by a liability
23 insurance policy;
24 (J) the person in committing a violation of
25 subsection (a) was involved in a motor vehicle accident
26 that resulted in bodily harm, but not great bodily

HB5597- 1510 -LRB098 15874 AMC 50917 b
1 harm, to the child under the age of 16 being
2 transported by the person, if the violation was the
3 proximate cause of the injury;
4 (K) the person in committing a second violation of
5 subsection (a) or a similar provision was transporting
6 a person under the age of 16; or
7 (L) the person committed a violation of subsection
8 (a) of this Section while transporting one or more
9 passengers in a vehicle for-hire.
10 (2)(A) Except as provided otherwise, a person
11 convicted of aggravated driving under the influence of
12 alcohol, other drug or drugs, or intoxicating compound or
13 compounds, or any combination thereof is guilty of a Class
14 4 felony.
15 (B) A third violation of this Section or a similar
16 provision is a Class 2 felony. If at the time of the third
17 violation the alcohol concentration in his or her blood,
18 breath, or urine was 0.16 or more based on the definition
19 of blood, breath, or urine units in Section 11-501.2, a
20 mandatory minimum of 90 days of imprisonment and a
21 mandatory minimum fine of $2,500 shall be imposed in
22 addition to any other criminal or administrative sanction.
23 If at the time of the third violation, the defendant was
24 transporting a person under the age of 16, a mandatory fine
25 of $25,000 and 25 days of community service in a program
26 benefiting children shall be imposed in addition to any

HB5597- 1511 -LRB098 15874 AMC 50917 b
1 other criminal or administrative sanction.
2 (C) A fourth violation of this Section or a similar
3 provision is a Class 2 felony, for which a sentence of
4 probation or conditional discharge may not be imposed. If
5 at the time of the violation, the alcohol concentration in
6 the defendant's blood, breath, or urine was 0.16 or more
7 based on the definition of blood, breath, or urine units in
8 Section 11-501.2, a mandatory minimum fine of $5,000 shall
9 be imposed in addition to any other criminal or
10 administrative sanction. If at the time of the fourth
11 violation, the defendant was transporting a person under
12 the age of 16 a mandatory fine of $25,000 and 25 days of
13 community service in a program benefiting children shall be
14 imposed in addition to any other criminal or administrative
15 sanction.
16 (D) A fifth violation of this Section or a similar
17 provision is a Class 1 felony, for which a sentence of
18 probation or conditional discharge may not be imposed. If
19 at the time of the violation, the alcohol concentration in
20 the defendant's blood, breath, or urine was 0.16 or more
21 based on the definition of blood, breath, or urine units in
22 Section 11-501.2, a mandatory minimum fine of $5,000 shall
23 be imposed in addition to any other criminal or
24 administrative sanction. If at the time of the fifth
25 violation, the defendant was transporting a person under
26 the age of 16, a mandatory fine of $25,000, and 25 days of

HB5597- 1512 -LRB098 15874 AMC 50917 b
1 community service in a program benefiting children shall be
2 imposed in addition to any other criminal or administrative
3 sanction.
4 (E) A sixth or subsequent violation of this Section or
5 similar provision is a Class X felony. If at the time of
6 the violation, the alcohol concentration in the
7 defendant's blood, breath, or urine was 0.16 or more based
8 on the definition of blood, breath, or urine units in
9 Section 11-501.2, a mandatory minimum fine of $5,000 shall
10 be imposed in addition to any other criminal or
11 administrative sanction. If at the time of the violation,
12 the defendant was transporting a person under the age of
13 16, a mandatory fine of $25,000 and 25 days of community
14 service in a program benefiting children shall be imposed
15 in addition to any other criminal or administrative
16 sanction.
17 (F) For a violation of subparagraph (C) of paragraph
18 (1) of this subsection (d), the defendant, if sentenced to
19 a term of imprisonment, shall be sentenced to not less than
20 one year nor more than 12 years.
21 (G) A violation of subparagraph (F) of paragraph (1) of
22 this subsection (d) is a Class 2 felony, for which the
23 defendant, unless the court determines that extraordinary
24 circumstances exist and require probation, shall be
25 sentenced to: (i) a term of imprisonment of not less than 3
26 years and not more than 14 years if the violation resulted

HB5597- 1513 -LRB098 15874 AMC 50917 b
1 in the death of one person; or (ii) a term of imprisonment
2 of not less than 6 years and not more than 28 years if the
3 violation resulted in the deaths of 2 or more persons.
4 (H) For a violation of subparagraph (J) of paragraph
5 (1) of this subsection (d), a mandatory fine of $2,500, and
6 25 days of community service in a program benefiting
7 children shall be imposed in addition to any other criminal
8 or administrative sanction.
9 (I) A violation of subparagraph (K) of paragraph (1) of
10 this subsection (d), is a Class 2 felony and a mandatory
11 fine of $2,500, and 25 days of community service in a
12 program benefiting children shall be imposed in addition to
13 any other criminal or administrative sanction. If the child
14 being transported suffered bodily harm, but not great
15 bodily harm, in a motor vehicle accident, and the violation
16 was the proximate cause of that injury, a mandatory fine of
17 $5,000 and 25 days of community service in a program
18 benefiting children shall be imposed in addition to any
19 other criminal or administrative sanction.
20 (J) A violation of subparagraph (D) of paragraph (1) of
21 this subsection (d) is a Class 3 felony, for which a
22 sentence of probation or conditional discharge may not be
23 imposed.
24 (3) Any person sentenced under this subsection (d) who
25 receives a term of probation or conditional discharge must
26 serve a minimum term of either 480 hours of community

HB5597- 1514 -LRB098 15874 AMC 50917 b
1 service or 10 days of imprisonment as a condition of the
2 probation or conditional discharge in addition to any other
3 criminal or administrative sanction.
4 (e) Any reference to a prior violation of subsection (a) or
5a similar provision includes any violation of a provision of a
6local ordinance or a provision of a law of another state or an
7offense committed on a military installation that is similar to
8a violation of subsection (a) of this Section.
9 (f) The imposition of a mandatory term of imprisonment or
10assignment of community service for a violation of this Section
11shall not be suspended or reduced by the court.
12 (g) Any penalty imposed for driving with a license that has
13been revoked for a previous violation of subsection (a) of this
14Section shall be in addition to the penalty imposed for any
15subsequent violation of subsection (a).
16 (h) For any prosecution under this Section, a certified
17copy of the driving abstract of the defendant shall be admitted
18as proof of any prior conviction.
19(Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14;
2098-573, eff. 8-27-13; revised 9-19-13.)
21 (625 ILCS 5/11-709.2)
22 Sec. 11-709.2. Bus on shoulder pilot program.
23 (a) For purposes of this Section, "bus on shoulders" is the
24use of specifically designated shoulders of roadways by
25authorized transit buses. The shoulders may be used by transit

HB5597- 1515 -LRB098 15874 AMC 50917 b
1buses at times and locations as set by the Department in
2cooperation with the Regional Transportation Authority and the
3Suburban Bus Division of the Regional Transportation
4Authority.
5 (b) Commencing on the effective date of this amendatory Act
6of the 97th General Assembly, the Department along with the
7Regional Transportation Authority and Suburban Bus Division of
8the Regional Transportation Authority in cooperation with the
9Illinois State Police shall establish a 5-year pilot program
10within the boundaries of the Regional Transportation Authority
11for transit buses on highways and shoulders. The pilot program
12may be implemented on shoulders of highways as designated by
13the Department in cooperation with the Regional Transportation
14Authority and Suburban Bus Division of the Regional
15Transportation Authority. The Department may adopt rules
16necessary for transit buses to use roadway shoulders.
17 (c) After the pilot program established under subsection
18(b) of this Section has been operating for 2 years, the
19Department in cooperation with the Regional Transportation
20Transit Authority, the Suburban Bus Division of the Regional
21Transportation Authority, and the Illinois State Police shall
22issue a report to the General Assembly on the effectiveness of
23the bus on shoulders pilot program.
24(Source: P.A. 97-292, eff. 8-11-11; revised 11-19-13.)
25 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)

HB5597- 1516 -LRB098 15874 AMC 50917 b
1 Sec. 12-215. Oscillating, rotating or flashing lights on
2motor vehicles. Except as otherwise provided in this Code:
3 (a) The use of red or white oscillating, rotating or
4flashing lights, whether lighted or unlighted, is prohibited
5except on:
6 1. Law enforcement vehicles of State, Federal or local
7 authorities;
8 2. A vehicle operated by a police officer or county
9 coroner and designated or authorized by local authorities,
10 in writing, as a law enforcement vehicle; however, such
11 designation or authorization must be carried in the
12 vehicle;
13 2.1. A vehicle operated by a fire chief who has
14 completed an emergency vehicle operation training course
15 approved by the Office of the State Fire Marshal and
16 designated or authorized by local authorities, in writing,
17 as a fire department, fire protection district, or township
18 fire department vehicle; however, the designation or
19 authorization must be carried in the vehicle, and the
20 lights may be visible or activated only when responding to
21 a bona fide emergency;
22 3. Vehicles of local fire departments and State or
23 federal firefighting vehicles;
24 4. Vehicles which are designed and used exclusively as
25 ambulances or rescue vehicles; furthermore, such lights
26 shall not be lighted except when responding to an emergency

HB5597- 1517 -LRB098 15874 AMC 50917 b
1 call for and while actually conveying the sick or injured;
2 5. Tow trucks licensed in a state that requires such
3 lights; furthermore, such lights shall not be lighted on
4 any such tow truck while the tow truck is operating in the
5 State of Illinois;
6 6. Vehicles of the Illinois Emergency Management
7 Agency, vehicles of the Office of the Illinois State Fire
8 Marshal, vehicles of the Illinois Department of Public
9 Health, vehicles of the Illinois Department of
10 Corrections, and vehicles of the Illinois Department of
11 Juvenile Justice;
12 7. Vehicles operated by a local or county emergency
13 management services agency as defined in the Illinois
14 Emergency Management Agency Act;
15 8. School buses operating alternately flashing head
16 lamps as permitted under Section 12-805 of this Code;
17 9. Vehicles that are equipped and used exclusively as
18 organ transplant vehicles when used in combination with
19 blue oscillating, rotating, or flashing lights;
20 furthermore, these lights shall be lighted only when the
21 transportation is declared an emergency by a member of the
22 transplant team or a representative of the organ
23 procurement organization; and
24 10. Vehicles of the Illinois Department of Natural
25 Resources that are used for mine rescue and explosives
26 emergency response; and .

HB5597- 1518 -LRB098 15874 AMC 50917 b
1 11. Vehicles of the Illinois Department of
2 Transportation identified as Emergency Traffic Patrol; the
3 . The lights shall not be lighted except when responding to
4 an emergency call or when parked or stationary while
5 engaged in motor vehicle assistance or at the scene of the
6 emergency.
7 (b) The use of amber oscillating, rotating or flashing
8lights, whether lighted or unlighted, is prohibited except on:
9 1. Second division vehicles designed and used for
10 towing or hoisting vehicles; furthermore, such lights
11 shall not be lighted except as required in this paragraph
12 1; such lights shall be lighted when such vehicles are
13 actually being used at the scene of an accident or
14 disablement; if the towing vehicle is equipped with a flat
15 bed that supports all wheels of the vehicle being
16 transported, the lights shall not be lighted while the
17 vehicle is engaged in towing on a highway; if the towing
18 vehicle is not equipped with a flat bed that supports all
19 wheels of a vehicle being transported, the lights shall be
20 lighted while the towing vehicle is engaged in towing on a
21 highway during all times when the use of headlights is
22 required under Section 12-201 of this Code; in addition,
23 these vehicles may use white oscillating, rotating, or
24 flashing lights in combination with amber oscillating,
25 rotating, or flashing lights as provided in this paragraph;
26 2. Motor vehicles or equipment of the State of

HB5597- 1519 -LRB098 15874 AMC 50917 b
1 Illinois, local authorities and contractors; furthermore,
2 such lights shall not be lighted except while such vehicles
3 are engaged in maintenance or construction operations
4 within the limits of construction projects;
5 3. Vehicles or equipment used by engineering or survey
6 crews; furthermore, such lights shall not be lighted except
7 while such vehicles are actually engaged in work on a
8 highway;
9 4. Vehicles of public utilities, municipalities, or
10 other construction, maintenance or automotive service
11 vehicles except that such lights shall be lighted only as a
12 means for indicating the presence of a vehicular traffic
13 hazard requiring unusual care in approaching, overtaking
14 or passing while such vehicles are engaged in maintenance,
15 service or construction on a highway;
16 5. Oversized vehicle or load; however, such lights
17 shall only be lighted when moving under permit issued by
18 the Department under Section 15-301 of this Code;
19 6. The front and rear of motorized equipment owned and
20 operated by the State of Illinois or any political
21 subdivision thereof, which is designed and used for removal
22 of snow and ice from highways;
23 6.1. (6.1) The front and rear of motorized equipment or
24 vehicles that (i) are not owned by the State of Illinois or
25 any political subdivision of the State, (ii) are designed
26 and used for removal of snow and ice from highways and

HB5597- 1520 -LRB098 15874 AMC 50917 b
1 parking lots, and (iii) are equipped with a snow plow that
2 is 12 feet in width; these lights may not be lighted except
3 when the motorized equipment or vehicle is actually being
4 used for those purposes on behalf of a unit of government;
5 7. Fleet safety vehicles registered in another state,
6 furthermore, such lights shall not be lighted except as
7 provided for in Section 12-212 of this Code;
8 8. Such other vehicles as may be authorized by local
9 authorities;
10 9. Law enforcement vehicles of State or local
11 authorities when used in combination with red oscillating,
12 rotating or flashing lights;
13 9.5. Propane delivery trucks;
14 10. Vehicles used for collecting or delivering mail for
15 the United States Postal Service provided that such lights
16 shall not be lighted except when such vehicles are actually
17 being used for such purposes;
18 10.5. Vehicles of the Office of the Illinois State Fire
19 Marshal, provided that such lights shall not be lighted
20 except for when such vehicles are engaged in work for the
21 Office of the Illinois State Fire Marshal;
22 11. Any vehicle displaying a slow-moving vehicle
23 emblem as provided in Section 12-205.1;
24 12. All trucks equipped with self-compactors or
25 roll-off hoists and roll-on containers for garbage or
26 refuse hauling. Such lights shall not be lighted except

HB5597- 1521 -LRB098 15874 AMC 50917 b
1 when such vehicles are actually being used for such
2 purposes;
3 13. Vehicles used by a security company, alarm
4 responder, control agency, or the Illinois Department of
5 Corrections;
6 14. Security vehicles of the Department of Human
7 Services; however, the lights shall not be lighted except
8 when being used for security related purposes under the
9 direction of the superintendent of the facility where the
10 vehicle is located; and
11 15. Vehicles of union representatives, except that the
12 lights shall be lighted only while the vehicle is within
13 the limits of a construction project.
14 (c) The use of blue oscillating, rotating or flashing
15lights, whether lighted or unlighted, is prohibited except on:
16 1. Rescue squad vehicles not owned by a fire department
17 and vehicles owned or operated by a:
18 voluntary firefighter;
19 paid firefighter;
20 part-paid firefighter;
21 call firefighter;
22 member of the board of trustees of a fire
23 protection district;
24 paid or unpaid member of a rescue squad;
25 paid or unpaid member of a voluntary ambulance
26 unit; or

HB5597- 1522 -LRB098 15874 AMC 50917 b
1 paid or unpaid members of a local or county
2 emergency management services agency as defined in the
3 Illinois Emergency Management Agency Act, designated
4 or authorized by local authorities, in writing, and
5 carrying that designation or authorization in the
6 vehicle.
7 However, such lights are not to be lighted except when
8 responding to a bona fide emergency or when parked or
9 stationary at the scene of a fire, rescue call, ambulance
10 call, or motor vehicle accident.
11 Any person using these lights in accordance with this
12 subdivision (c)1 must carry on his or her person an
13 identification card or letter identifying the bona fide
14 member of a fire department, fire protection district,
15 rescue squad, ambulance unit, or emergency management
16 services agency that owns or operates that vehicle. The
17 card or letter must include:
18 (A) the name of the fire department, fire
19 protection district, rescue squad, ambulance unit, or
20 emergency management services agency;
21 (B) the member's position within the fire
22 department, fire protection district, rescue squad,
23 ambulance unit, or emergency management services
24 agency;
25 (C) the member's term of service; and
26 (D) the name of a person within the fire

HB5597- 1523 -LRB098 15874 AMC 50917 b
1 department, fire protection district, rescue squad,
2 ambulance unit, or emergency management services
3 agency to contact to verify the information provided.
4 2. Police department vehicles in cities having a
5 population of 500,000 or more inhabitants.
6 3. Law enforcement vehicles of State or local
7 authorities when used in combination with red oscillating,
8 rotating or flashing lights.
9 4. Vehicles of local fire departments and State or
10 federal firefighting vehicles when used in combination
11 with red oscillating, rotating or flashing lights.
12 5. Vehicles which are designed and used exclusively as
13 ambulances or rescue vehicles when used in combination with
14 red oscillating, rotating or flashing lights; furthermore,
15 such lights shall not be lighted except when responding to
16 an emergency call.
17 6. Vehicles that are equipped and used exclusively as
18 organ transport vehicles when used in combination with red
19 oscillating, rotating, or flashing lights; furthermore,
20 these lights shall only be lighted when the transportation
21 is declared an emergency by a member of the transplant team
22 or a representative of the organ procurement organization.
23 7. Vehicles of the Illinois Emergency Management
24 Agency, vehicles of the Office of the Illinois State Fire
25 Marshal, vehicles of the Illinois Department of Public
26 Health, vehicles of the Illinois Department of

HB5597- 1524 -LRB098 15874 AMC 50917 b
1 Corrections, and vehicles of the Illinois Department of
2 Juvenile Justice, when used in combination with red
3 oscillating, rotating, or flashing lights.
4 8. Vehicles operated by a local or county emergency
5 management services agency as defined in the Illinois
6 Emergency Management Agency Act, when used in combination
7 with red oscillating, rotating, or flashing lights.
8 9. Vehicles of the Illinois Department of Natural
9 Resources that are used for mine rescue and explosives
10 emergency response, when used in combination with red
11 oscillating, rotating, or flashing lights.
12 (c-1) In addition to the blue oscillating, rotating, or
13flashing lights permitted under subsection (c), and
14notwithstanding subsection (a), a vehicle operated by a
15voluntary firefighter, a voluntary member of a rescue squad, or
16a member of a voluntary ambulance unit may be equipped with
17flashing white headlights and blue grill lights, which may be
18used only in responding to an emergency call or when parked or
19stationary at the scene of a fire, rescue call, ambulance call,
20or motor vehicle accident.
21 (c-2) In addition to the blue oscillating, rotating, or
22flashing lights permitted under subsection (c), and
23notwithstanding subsection (a), a vehicle operated by a paid or
24unpaid member of a local or county emergency management
25services agency as defined in the Illinois Emergency Management
26Agency Act, may be equipped with white oscillating, rotating,

HB5597- 1525 -LRB098 15874 AMC 50917 b
1or flashing lights to be used in combination with blue
2oscillating, rotating, or flashing lights, if authorization by
3local authorities is in writing and carried in the vehicle.
4 (d) The use of a combination of amber and white
5oscillating, rotating or flashing lights, whether lighted or
6unlighted, is prohibited except on second division vehicles
7designed and used for towing or hoisting vehicles or motor
8vehicles or equipment of the State of Illinois, local
9authorities, contractors, and union representatives;
10furthermore, such lights shall not be lighted on second
11division vehicles designed and used for towing or hoisting
12vehicles or vehicles of the State of Illinois, local
13authorities, and contractors except while such vehicles are
14engaged in a tow operation, highway maintenance, or
15construction operations within the limits of highway
16construction projects, and shall not be lighted on the vehicles
17of union representatives except when those vehicles are within
18the limits of a construction project.
19 (e) All oscillating, rotating or flashing lights referred
20to in this Section shall be of sufficient intensity, when
21illuminated, to be visible at 500 feet in normal sunlight.
22 (f) Nothing in this Section shall prohibit a manufacturer
23of oscillating, rotating or flashing lights or his
24representative or authorized vendor from temporarily mounting
25such lights on a vehicle for demonstration purposes only. If
26the lights are not covered while the vehicle is operated upon a

HB5597- 1526 -LRB098 15874 AMC 50917 b
1highway, the vehicle shall display signage indicating that the
2vehicle is out of service or not an emergency vehicle. The
3signage shall be displayed on all sides of the vehicle in
4letters at least 2 inches tall and one-half inch wide. A
5vehicle authorized to have oscillating, rotating, or flashing
6lights mounted for demonstration purposes may not activate the
7lights while the vehicle is operated upon a highway.
8 (g) Any person violating the provisions of subsections (a),
9(b), (c) or (d) of this Section who without lawful authority
10stops or detains or attempts to stop or detain another person
11shall be guilty of a Class 2 felony.
12 (h) Except as provided in subsection (g) above, any person
13violating the provisions of subsections (a) or (c) of this
14Section shall be guilty of a Class A misdemeanor.
15(Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813,
16eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13;
1798-123, eff. 1-1-14; 98-468, eff. 8-16-13; revised 10-17-13.)
18 (625 ILCS 5/12-610.2)
19 Sec. 12-610.2. Electronic communication devices.
20 (a) As used in this Section:
21 "Electronic communication device" means an electronic
22device, including but not limited to a hand-held wireless
23telephone, hand-held personal digital assistant, or a portable
24or mobile computer, but does not include a global positioning
25system or navigation system or a device that is physically or

HB5597- 1527 -LRB098 15874 AMC 50917 b
1electronically integrated into the motor vehicle.
2 (b) A person may not operate a motor vehicle on a roadway
3while using an electronic communication device.
4 (b-5) A person commits aggravated use of an electronic
5communication device when he or she violates subsection (b) and
6in committing the violation he or she was involved in a motor
7vehicle accident that results in great bodily harm, permanent
8disability, disfigurement, or death to another and the
9violation was a proximate cause of the injury or death.
10 (c) A second or subsequent violation of this Section is an
11offense against traffic regulations governing the movement of
12vehicles. A person who violates this Section shall be fined a
13maximum of $75 for a first offense, $100 for a second offense,
14$125 for a third offense, and $150 for a fourth or subsequent
15offense.
16 (d) This Section does not apply to:
17 (1) a law enforcement officer or operator of an
18 emergency vehicle while performing his or her official
19 duties;
20 (2) a driver using an electronic communication device
21 for the sole purpose of reporting an emergency situation
22 and continued communication with emergency personnel
23 during the emergency situation;
24 (3) a driver using an electronic communication device
25 in hands-free or voice-operated mode, which may include the
26 use of a headset;

HB5597- 1528 -LRB098 15874 AMC 50917 b
1 (4) a driver of a commercial motor vehicle reading a
2 message displayed on a permanently installed communication
3 device designed for a commercial motor vehicle with a
4 screen that does not exceed 10 inches tall by 10 inches
5 wide in size;
6 (5) a driver using an electronic communication device
7 while parked on the shoulder of a roadway;
8 (6) a driver using an electronic communication device
9 when the vehicle is stopped due to normal traffic being
10 obstructed and the driver has the motor vehicle
11 transmission in neutral or park;
12 (7) a driver using two-way or citizens band radio
13 services;
14 (8) a driver using two-way mobile radio transmitters or
15 receivers for licensees of the Federal Communications
16 Commission in the amateur radio service;
17 (9) a driver using an electronic communication device
18 by pressing a single button to initiate or terminate a
19 voice communication; or
20 (10) a driver using an electronic communication device
21 capable of performing multiple functions, other than a
22 hand-held wireless telephone or hand-held personal digital
23 assistant (for example, a fleet management system,
24 dispatching device, citizens band radio, or music player)
25 for a purpose that is not otherwise prohibited by this
26 Section.

HB5597- 1529 -LRB098 15874 AMC 50917 b
1 (e) A person convicted of violating subsection (b-5)
2commits a Class A misdemeanor if the violation resulted in
3great bodily harm, permanent disability, or disfigurement to
4another. A person convicted of violating subsection (b-5)
5commits a Class 4 felony if the violation resulted in the death
6of another person.
7(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14;
898-507, eff. 1-1-14; revised 9-19-13.)
9 (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
10 Sec. 15-111. Wheel and axle loads and gross weights.
11 (a) No vehicle or combination of vehicles with pneumatic
12tires may be operated, unladen or with load, when the total
13weight on the road surface exceeds the following: 20,000 pounds
14on a single axle; 34,000 pounds on a tandem axle with no axle
15within the tandem exceeding 20,000 pounds; 80,000 pounds gross
16weight for vehicle combinations of 5 or more axles; or a total
17weight on a group of 2 or more consecutive axles in excess of
18that weight produced by the application of the following
19formula: W = 500 times the sum of (LN divided by N-1) + 12N +
2036, where "W" equals overall total weight on any group of 2 or
21more consecutive axles to the nearest 500 pounds, "L" equals
22the distance measured to the nearest foot between extremes of
23any group of 2 or more consecutive axles, and "N" equals the
24number of axles in the group under consideration.
25 The above formula when expressed in tabular form results in

HB5597- 1530 -LRB098 15874 AMC 50917 b
1allowable loads as follows:
2Distance measured
3to the nearest
4foot between the
5extremes of any Maximum weight in pounds
6group of 2 or of any group of
7more consecutive 2 or more consecutive axles
8axles
9feet2 axles3 axles4 axles5 axles6 axles
10434,000
11534,000
12634,000
13734,000
14838,000*42,000
15939,00042,500
161040,00043,500
171144,000
181245,00050,000
191345,50050,500
201446,50051,500
211547,00052,000
221648,00052,50058,000
231748,50053,50058,500
241849,50054,00059,000
251950,00054,50060,000

HB5597- 1531 -LRB098 15874 AMC 50917 b
12051,00055,50060,50066,000
22151,50056,00061,00066,500
32252,50056,50061,50067,000
42353,00057,50062,50068,000
52454,00058,00063,00068,500
62554,50058,50063,50069,000
72655,50059,50064,00069,500
82756,00060,00065,00070,000
92857,00060,50065,50071,000
102957,50061,50066,00071,500
113058,50062,00066,50072,000
123159,00062,50067,50072,500
133260,00063,50068,00073,000
143364,00068,50074,000
153464,50069,00074,500
163565,50070,00075,000
173666,00070,50075,500
183766,50071,00076,000
193867,50072,00077,000
203968,00072,50077,500
214068,50073,00078,000
224169,50073,50078,500
234270,00074,00079,000
244370,50075,00080,000
254471,50075,500
264572,00076,000

HB5597- 1532 -LRB098 15874 AMC 50917 b
14672,50076,500
24773,50077,500
34874,00078,000
44974,50078,500
55075,50079,000
65176,00080,000
75276,500
85377,500
95478,000
105578,500
115679,500
125780,000
13*If the distance between 2 axles is 96 inches or less, the 2
14axles are tandem axles and the maximum total weight may not
15exceed 34,000 pounds, notwithstanding the higher limit
16resulting from the application of the formula.
17 Vehicles not in a combination having more than 4 axles may
18not exceed the weight in the table in this subsection (a) for 4
19axles measured between the extreme axles of the vehicle.
20 Vehicles in a combination having more than 6 axles may not
21exceed the weight in the table in this subsection (a) for 6
22axles measured between the extreme axles of the combination.
23 Local authorities, with respect to streets and highways
24under their jurisdiction, without additional fees, may also by
25ordinance or resolution allow the weight limitations of this
26subsection, provided the maximum gross weight on any one axle

HB5597- 1533 -LRB098 15874 AMC 50917 b
1shall not exceed 20,000 pounds and the maximum total weight on
2any tandem axle shall not exceed 34,000 pounds, on designated
3highways when appropriate regulatory signs giving notice are
4erected upon the street or highway or portion of any street or
5highway affected by the ordinance or resolution.
6 The following are exceptions to the above formula:
7 (1) Vehicles for which a different limit is established
8 and posted in accordance with Section 15-316 of this Code.
9 (2) Vehicles for which the Department of
10 Transportation and local authorities issue overweight
11 permits under authority of Section 15-301 of this Code.
12 These vehicles are not subject to the bridge formula.
13 (3) Cities having a population of more than 50,000 may
14 permit by ordinance axle loads on 2 axle motor vehicles 33
15 1/2% above those provided for herein, but the increase
16 shall not become effective until the city has officially
17 notified the Department of the passage of the ordinance and
18 shall not apply to those vehicles when outside of the
19 limits of the city, nor shall the gross weight of any 2
20 axle motor vehicle operating over any street of the city
21 exceed 40,000 pounds.
22 (4) Weight limitations shall not apply to vehicles
23 (including loads) operated by a public utility when
24 transporting equipment required for emergency repair of
25 public utility facilities or properties or water wells.
26 (5) Two consecutive sets of tandem axles may carry a

HB5597- 1534 -LRB098 15874 AMC 50917 b
1 total weight of 34,000 pounds each if the overall distance
2 between the first and last axles of the consecutive sets of
3 tandem axles is 36 feet or more, notwithstanding the lower
4 limit resulting from the application of the above formula.
5 (6) A truck, not in combination and used exclusively
6 for the collection of rendering materials, may, when laden,
7 transmit upon the road surface, except when on part of the
8 National System of Interstate and Defense Highways, the
9 following maximum weights: 22,000 pounds on a single axle;
10 40,000 pounds on a tandem axle.
11 (7) A truck not in combination, equipped with a self
12 compactor or an industrial roll-off hoist and roll-off
13 container, used exclusively for garbage, refuse, or
14 recycling operations, may, when laden, transmit upon the
15 road surface, except when on part of the National System of
16 Interstate and Defense Highways, the following maximum
17 weights: 22,000 pounds on a single axle; 40,000 pounds on a
18 tandem axle; 40,000 pounds gross weight on a 2-axle
19 vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
20 This vehicle is not subject to the bridge formula.
21 (7.5) A 3-axle rear discharge truck mixer registered as
22 a Special Hauling Vehicle, used exclusively for the mixing
23 and transportation of concrete in the plastic state, may,
24 when laden, transmit upon the road surface, except when on
25 part of the National System of Interstate and Defense
26 Highways, the following maximum weights: 22,000 pounds on

HB5597- 1535 -LRB098 15874 AMC 50917 b
1 single axle; 40,000 pounds on a tandem axle; 54,000 pounds
2 gross weight on a 3-axle vehicle. This vehicle is not
3 subject to the bridge formula.
4 (8) Except as provided in paragraph (7.5) of this
5 subsection (a), tandem axles on a 3-axle truck registered
6 as a Special Hauling Vehicle, manufactured prior to or in
7 the model year of 2024 and first registered in Illinois
8 prior to January 1, 2025, with a distance greater than 72
9 inches but not more than 96 inches between any series of 2
10 axles, is allowed a combined weight on the series not to
11 exceed 36,000 pounds and neither axle of the series may
12 exceed 20,000 pounds. Any vehicle of this type manufactured
13 after the model year of 2024 or first registered in
14 Illinois after December 31, 2024 may not exceed a combined
15 weight of 34,000 pounds through the series of 2 axles and
16 neither axle of the series may exceed 20,000 pounds.
17 A 3-axle combination sewer cleaning jetting vacuum
18 truck registered as a Special Hauling Vehicle, used
19 exclusively for the transportation of non-hazardous solid
20 waste, manufactured before or in the model year of 2014,
21 first registered in Illinois before January 1, 2015, may,
22 when laden, transmit upon the road surface, except when on
23 part of the National System of Interstate and Defense
24 Highways, the following maximum weights: 22,000 pounds on a
25 single axle; 40,000 pounds on a tandem axle; 54,000 pounds
26 gross weight on a 3-axle vehicle. This vehicle is not

HB5597- 1536 -LRB098 15874 AMC 50917 b
1 subject to the bridge formula.
2 (9) A 4-axle truck mixer registered as a Special
3 Hauling Vehicle, used exclusively for the mixing and
4 transportation of concrete in the plastic state, 2024 2025
5 and not operated on a highway that is part of the National
6 System of Interstate Highways, is allowed the following
7 maximum weights: 20,000 pounds on any single axle; 36,000
8 pounds on a series of axles greater than 72 inches but not
9 more than 96 inches; and 34,000 pounds on any series of 2
10 axles greater than 40 inches but not more than 72 inches.
11 The gross weight of this vehicle may not exceed the weights
12 allowed by the bridge formula for 4 axles. The bridge
13 formula does not apply to any series of 3 axles while the
14 vehicle is transporting concrete in the plastic state, but
15 no axle or tandem axle of the series may exceed the maximum
16 weight permitted under this paragraph (9) of subsection
17 (a).
18 (10) Combinations of vehicles, registered as Special
19 Hauling Vehicles that include a semitrailer manufactured
20 prior to or in the model year of 2024, and registered in
21 Illinois prior to January 1, 2025, having 5 axles with a
22 distance of 42 feet or less between extreme axles, may not
23 exceed the following maximum weights: 20,000 pounds on a
24 single axle; 34,000 pounds on a tandem axle; and 72,000
25 pounds gross weight. This combination of vehicles is not
26 subject to the bridge formula. For all those combinations

HB5597- 1537 -LRB098 15874 AMC 50917 b
1 of vehicles that include a semitrailer manufactured after
2 the effective date of P.A. 92-0417, the overall distance
3 between the first and last axles of the 2 sets of tandems
4 must be 18 feet 6 inches or more. Any combination of
5 vehicles that has had its cargo container replaced in its
6 entirety after December 31, 2024 may not exceed the weights
7 allowed by the bridge formula.
8 (11) The maximum weight allowed on a vehicle with
9 crawler type tracks is 40,000 pounds.
10 (12) A combination of vehicles, including a tow truck
11 and a disabled vehicle or disabled combination of vehicles,
12 that exceeds the weight restriction imposed by this Code,
13 may be operated on a public highway in this State provided
14 that neither the disabled vehicle nor any vehicle being
15 towed nor the tow truck itself shall exceed the weight
16 limitations permitted under this Chapter. During the
17 towing operation, neither the tow truck nor the vehicle
18 combination shall exceed 24,000 pounds on a single rear
19 axle and 44,000 pounds on a tandem rear axle, provided the
20 towing vehicle:
21 (i) is specifically designed as a tow truck having
22 a gross vehicle weight rating of at least 18,000 pounds
23 and is equipped with air brakes, provided that air
24 brakes are required only if the towing vehicle is
25 towing a vehicle, semitrailer, or tractor-trailer
26 combination that is equipped with air brakes;

HB5597- 1538 -LRB098 15874 AMC 50917 b
1 (ii) is equipped with flashing, rotating, or
2 oscillating amber lights, visible for at least 500 feet
3 in all directions;
4 (iii) is capable of utilizing the lighting and
5 braking systems of the disabled vehicle or combination
6 of vehicles; and
7 (iv) does not engage in a tow exceeding 20 miles
8 from the initial point of wreck or disablement. Any
9 additional movement of the vehicles may occur only upon
10 issuance of authorization for that movement under the
11 provisions of Sections 15-301 through 15-319 of this
12 Code. The towing vehicle, however, may tow any disabled
13 vehicle to a point where repairs are actually to occur.
14 This movement shall be valid only on State routes. The
15 tower must abide by posted bridge weight limits.
16 Gross weight limits shall not apply to the combination of
17the tow truck and vehicles being towed. The tow truck license
18plate must cover the operating empty weight of the tow truck
19only. The weight of each vehicle being towed shall be covered
20by a valid license plate issued to the owner or operator of the
21vehicle being towed and displayed on that vehicle. If no valid
22plate issued to the owner or operator of that vehicle is
23displayed on that vehicle, or the plate displayed on that
24vehicle does not cover the weight of the vehicle, the weight of
25the vehicle shall be covered by the third tow truck plate
26issued to the owner or operator of the tow truck and

HB5597- 1539 -LRB098 15874 AMC 50917 b
1temporarily affixed to the vehicle being towed. If a roll-back
2carrier is registered and being used as a tow truck, however,
3the license plate or plates for the tow truck must cover the
4gross vehicle weight, including any load carried on the bed of
5the roll-back carrier.
6 The Department may by rule or regulation prescribe
7additional requirements. However, nothing in this Code shall
8prohibit a tow truck under instructions of a police officer
9from legally clearing a disabled vehicle, that may be in
10violation of weight limitations of this Chapter, from the
11roadway to the berm or shoulder of the highway. If in the
12opinion of the police officer that location is unsafe, the
13officer is authorized to have the disabled vehicle towed to the
14nearest place of safety.
15 For the purpose of this subsection, gross vehicle weight
16rating, or GVWR, means the value specified by the manufacturer
17as the loaded weight of the tow truck.
18 (b) As used in this Section, "recycling haul" or "recycling
19operation" means the hauling of non-hazardous, non-special,
20non-putrescible materials, such as paper, glass, cans, or
21plastic, for subsequent use in the secondary materials market.
22 (c) No vehicle or combination of vehicles equipped with
23pneumatic tires shall be operated, unladen or with load, upon
24the highways of this State in violation of the provisions of
25any permit issued under the provisions of Sections 15-301
26through 15-319 of this Chapter.

HB5597- 1540 -LRB098 15874 AMC 50917 b
1 (d) No vehicle or combination of vehicles equipped with
2other than pneumatic tires may be operated, unladen or with
3load, upon the highways of this State when the gross weight on
4the road surface through any wheel exceeds 800 pounds per inch
5width of tire tread or when the gross weight on the road
6surface through any axle exceeds 16,000 pounds.
7 (e) No person shall operate a vehicle or combination of
8vehicles over a bridge or other elevated structure constituting
9part of a highway with a gross weight that is greater than the
10maximum weight permitted by the Department, when the structure
11is sign posted as provided in this Section.
12 (f) The Department upon request from any local authority
13shall, or upon its own initiative may, conduct an investigation
14of any bridge or other elevated structure constituting a part
15of a highway, and if it finds that the structure cannot with
16safety to itself withstand the weight of vehicles otherwise
17permissible under this Code the Department shall determine and
18declare the maximum weight of vehicles that the structures can
19withstand, and shall cause or permit suitable signs stating
20maximum weight to be erected and maintained before each end of
21the structure. No person shall operate a vehicle or combination
22of vehicles over any structure with a gross weight that is
23greater than the posted maximum weight.
24 (g) Upon the trial of any person charged with a violation
25of subsection (e) or (f) of this Section, proof of the
26determination of the maximum allowable weight by the Department

HB5597- 1541 -LRB098 15874 AMC 50917 b
1and the existence of the signs, constitutes conclusive evidence
2of the maximum weight that can be maintained with safety to the
3bridge or structure.
4(Source: P.A. 97-201, eff. 1-1-12; 98-409, eff. 1-1-14; 98-410,
5eff. 8-16-13; revised 9-19-13.)
6 Section 680. The Snowmobile Registration and Safety Act is
7amended by changing Section 1-2.06 as follows:
8 (625 ILCS 40/1-2.06) (from Ch. 95 1/2, par. 601-2.06)
9 Sec. 1-2.06. "Intoxicating Beverage" means any beverage
10enumerated in the "Liquor Control Act of 1934".
11(Source: P.A. 78-856; revised 9-23-13.)
12 Section 685. The Circuit Courts Act is amended by changing
13Section 1 as follows:
14 (705 ILCS 35/1) (from Ch. 37, par. 72.1)
15 Sec. 1. Judicial circuits created. The county of Cook shall
16be one judicial circuit and the State of Illinois, exclusive of
17the county of Cook, shall be and is divided into judicial
18circuits as follows:
19 First Circuit--The counties of Alexander, Pulaski, Massac,
20Pope, Johnson, Union, Jackson, Williamson and Saline.
21 Second Circuit--The counties of Hardin, Gallatin, White,
22Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson,

HB5597- 1542 -LRB098 15874 AMC 50917 b
1Richland, Lawrence and Crawford.
2 Third Circuit--The counties of Madison and Bond.
3 Fourth Circuit--The counties of Clinton, Marion, Clay,
4Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.
5 Fifth Circuit--The counties of Vermilion, Edgar, Clark,
6Cumberland and Coles.
7 Sixth Circuit--The counties of Champaign, Douglas,
8Moultrie, Macon, DeWitt and Piatt.
9 Seventh Circuit--The counties of Sangamon, Macoupin,
10Morgan, Scott, Greene and Jersey.
11 Eighth Circuit--The counties of Adams, Schuyler, Mason,
12Cass, Brown, Pike, Calhoun and Menard.
13 Ninth Circuit--The counties of Knox, Warren, Henderson,
14Hancock, McDonough and Fulton.
15 Tenth Circuit--The counties of Peoria, Marshall, Putnam,
16Stark and Tazewell.
17 Eleventh Circuit--The counties of McLean, Livingston,
18Logan, Ford and Woodford.
19 Twelfth Circuit--The county of Will.
20 Thirteenth Circuit--The counties of Bureau, LaSalle and
21Grundy.
22 Fourteenth Circuit--The counties of Rock Island, Mercer,
23Whiteside and Henry.
24 Fifteenth Circuit--The counties of Jo Daviess JoDaviess,
25Stephenson, Carroll, Ogle and Lee.
26 Sixteenth Circuit--Before December 3, 2012, the counties

HB5597- 1543 -LRB098 15874 AMC 50917 b
1of Kane, DeKalb, and Kendall. On and after December 3, 2012,
2the County of Kane.
3 Seventeenth Circuit--The counties of Winnebago and Boone.
4 Eighteenth Circuit--The county of DuPage.
5 Nineteenth Circuit--Before December 4, 2006, the counties
6of Lake and McHenry. On and after December 4, 2006, the County
7of Lake.
8 Twentieth Circuit--The counties of Randolph, Monroe, St.
9Clair, Washington and Perry.
10 Twenty-first Circuit--The counties of Iroquois and
11Kankakee.
12 Twenty-second Circuit--On and after December 4, 2006, the
13County of McHenry.
14 Twenty-third Circuit--On and after December 3, 2012, the
15counties of DeKalb and Kendall.
16(Source: P.A. 97-585, eff. 8-26-11; revised 11-22-13.)
17 Section 690. The Juvenile Court Act of 1987 is amended by
18changing Sections 1-7, 1-8, 2-10, 2-28, 3-12, 4-9, 5-105,
195-130, 5-401.5, 5-410, 5-901, 5-905, and 5-915 as follows:
20 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
21 Sec. 1-7. Confidentiality of law enforcement records.
22 (A) Inspection and copying of law enforcement records
23maintained by law enforcement agencies that relate to a minor
24who has been arrested or taken into custody before his or her

HB5597- 1544 -LRB098 15874 AMC 50917 b
118th birthday shall be restricted to the following:
2 (1) Any local, State or federal law enforcement
3 officers of any jurisdiction or agency when necessary for
4 the discharge of their official duties during the
5 investigation or prosecution of a crime or relating to a
6 minor who has been adjudicated delinquent and there has
7 been a previous finding that the act which constitutes the
8 previous offense was committed in furtherance of criminal
9 activities by a criminal street gang, or, when necessary
10 for the discharge of its official duties in connection with
11 a particular investigation of the conduct of a law
12 enforcement officer, an independent agency or its staff
13 created by ordinance and charged by a unit of local
14 government with the duty of investigating the conduct of
15 law enforcement officers. For purposes of this Section,
16 "criminal street gang" has the meaning ascribed to it in
17 Section 10 of the Illinois Streetgang Terrorism Omnibus
18 Prevention Act.
19 (2) Prosecutors, probation officers, social workers,
20 or other individuals assigned by the court to conduct a
21 pre-adjudication or pre-disposition investigation, and
22 individuals responsible for supervising or providing
23 temporary or permanent care and custody for minors pursuant
24 to the order of the juvenile court, when essential to
25 performing their responsibilities.
26 (3) Prosecutors and probation officers:

HB5597- 1545 -LRB098 15874 AMC 50917 b
1 (a) in the course of a trial when institution of
2 criminal proceedings has been permitted or required
3 under Section 5-805; or
4 (b) when institution of criminal proceedings has
5 been permitted or required under Section 5-805 and such
6 minor is the subject of a proceeding to determine the
7 amount of bail; or
8 (c) when criminal proceedings have been permitted
9 or required under Section 5-805 and such minor is the
10 subject of a pre-trial investigation, pre-sentence
11 investigation, fitness hearing, or proceedings on an
12 application for probation.
13 (4) Adult and Juvenile Prisoner Review Board.
14 (5) Authorized military personnel.
15 (6) Persons engaged in bona fide research, with the
16 permission of the Presiding Judge of the Juvenile Court and
17 the chief executive of the respective law enforcement
18 agency; provided that publication of such research results
19 in no disclosure of a minor's identity and protects the
20 confidentiality of the minor's record.
21 (7) Department of Children and Family Services child
22 protection investigators acting in their official
23 capacity.
24 (8) The appropriate school official only if the agency
25 or officer believes that there is an imminent threat of
26 physical harm to students, school personnel, or others who

HB5597- 1546 -LRB098 15874 AMC 50917 b
1 are present in the school or on school grounds.
2 (A) Inspection and copying shall be limited to law
3 enforcement records transmitted to the appropriate
4 school official or officials whom the school has
5 determined to have a legitimate educational or safety
6 interest by a local law enforcement agency under a
7 reciprocal reporting system established and maintained
8 between the school district and the local law
9 enforcement agency under Section 10-20.14 of the
10 School Code concerning a minor enrolled in a school
11 within the school district who has been arrested or
12 taken into custody for any of the following offenses:
13 (i) any violation of Article 24 of the Criminal
14 Code of 1961 or the Criminal Code of 2012;
15 (ii) a violation of the Illinois Controlled
16 Substances Act;
17 (iii) a violation of the Cannabis Control Act;
18 (iv) a forcible felony as defined in Section
19 2-8 of the Criminal Code of 1961 or the Criminal
20 Code of 2012;
21 (v) a violation of the Methamphetamine Control
22 and Community Protection Act;
23 (vi) a violation of Section 1-2 of the
24 Harassing and Obscene Communications Act;
25 (vii) a violation of the Hazing Act; or
26 (viii) a violation of Section 12-1, 12-2,

HB5597- 1547 -LRB098 15874 AMC 50917 b
1 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
2 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
3 Criminal Code of 1961 or the Criminal Code of 2012.
4 The information derived from the law enforcement
5 records shall be kept separate from and shall not
6 become a part of the official school record of that
7 child and shall not be a public record. The information
8 shall be used solely by the appropriate school official
9 or officials whom the school has determined to have a
10 legitimate educational or safety interest to aid in the
11 proper rehabilitation of the child and to protect the
12 safety of students and employees in the school. If the
13 designated law enforcement and school officials deem
14 it to be in the best interest of the minor, the student
15 may be referred to in-school or community based social
16 services if those services are available.
17 "Rehabilitation services" may include interventions by
18 school support personnel, evaluation for eligibility
19 for special education, referrals to community-based
20 agencies such as youth services, behavioral healthcare
21 service providers, drug and alcohol prevention or
22 treatment programs, and other interventions as deemed
23 appropriate for the student.
24 (B) Any information provided to appropriate school
25 officials whom the school has determined to have a
26 legitimate educational or safety interest by local law

HB5597- 1548 -LRB098 15874 AMC 50917 b
1 enforcement officials about a minor who is the subject
2 of a current police investigation that is directly
3 related to school safety shall consist of oral
4 information only, and not written law enforcement
5 records, and shall be used solely by the appropriate
6 school official or officials to protect the safety of
7 students and employees in the school and aid in the
8 proper rehabilitation of the child. The information
9 derived orally from the local law enforcement
10 officials shall be kept separate from and shall not
11 become a part of the official school record of the
12 child and shall not be a public record. This limitation
13 on the use of information about a minor who is the
14 subject of a current police investigation shall in no
15 way limit the use of this information by prosecutors in
16 pursuing criminal charges arising out of the
17 information disclosed during a police investigation of
18 the minor. For purposes of this paragraph,
19 "investigation" means an official systematic inquiry
20 by a law enforcement agency into actual or suspected
21 criminal activity.
22 (9) Mental health professionals on behalf of the
23 Illinois Department of Corrections or the Department of
24 Human Services or prosecutors who are evaluating,
25 prosecuting, or investigating a potential or actual
26 petition brought under the Sexually Violent Persons

HB5597- 1549 -LRB098 15874 AMC 50917 b
1 Commitment Act relating to a person who is the subject of
2 juvenile law enforcement records or the respondent to a
3 petition brought under the Sexually Violent Persons
4 Commitment Act who is the subject of the juvenile law
5 enforcement records sought. Any records and any
6 information obtained from those records under this
7 paragraph (9) may be used only in sexually violent persons
8 commitment proceedings.
9 (10) The president of a park district. Inspection and
10 copying shall be limited to law enforcement records
11 transmitted to the president of the park district by the
12 Illinois State Police under Section 8-23 of the Park
13 District Code or Section 16a-5 of the Chicago Park District
14 Act concerning a person who is seeking employment with that
15 park district and who has been adjudicated a juvenile
16 delinquent for any of the offenses listed in subsection (c)
17 of Section 8-23 of the Park District Code or subsection (c)
18 of Section 16a-5 of the Chicago Park District Act.
19 (B)(1) Except as provided in paragraph (2), no law
20 enforcement officer or other person or agency may knowingly
21 transmit to the Department of Corrections or the Department
22 of State Police or to the Federal Bureau of Investigation
23 any fingerprint or photograph relating to a minor who has
24 been arrested or taken into custody before his or her 18th
25 birthday, unless the court in proceedings under this Act
26 authorizes the transmission or enters an order under

HB5597- 1550 -LRB098 15874 AMC 50917 b
1 Section 5-805 permitting or requiring the institution of
2 criminal proceedings.
3 (2) Law enforcement officers or other persons or
4 agencies shall transmit to the Department of State Police
5 copies of fingerprints and descriptions of all minors who
6 have been arrested or taken into custody before their 18th
7 birthday for the offense of unlawful use of weapons under
8 Article 24 of the Criminal Code of 1961 or the Criminal
9 Code of 2012, a Class X or Class 1 felony, a forcible
10 felony as defined in Section 2-8 of the Criminal Code of
11 1961 or the Criminal Code of 2012, or a Class 2 or greater
12 felony under the Cannabis Control Act, the Illinois
13 Controlled Substances Act, the Methamphetamine Control and
14 Community Protection Act, or Chapter 4 of the Illinois
15 Vehicle Code, pursuant to Section 5 of the Criminal
16 Identification Act. Information reported to the Department
17 pursuant to this Section may be maintained with records
18 that the Department files pursuant to Section 2.1 of the
19 Criminal Identification Act. Nothing in this Act prohibits
20 a law enforcement agency from fingerprinting a minor taken
21 into custody or arrested before his or her 18th birthday
22 for an offense other than those listed in this paragraph
23 (2).
24 (C) The records of law enforcement officers, or of an
25independent agency created by ordinance and charged by a unit
26of local government with the duty of investigating the conduct

HB5597- 1551 -LRB098 15874 AMC 50917 b
1of law enforcement officers, concerning all minors under 18
2years of age must be maintained separate from the records of
3arrests and may not be open to public inspection or their
4contents disclosed to the public except by order of the court
5presiding over matters pursuant to this Act or when the
6institution of criminal proceedings has been permitted or
7required under Section 5-805 or such a person has been
8convicted of a crime and is the subject of pre-sentence
9investigation or proceedings on an application for probation or
10when provided by law. For purposes of obtaining documents
11pursuant to this Section, a civil subpoena is not an order of
12the court.
13 (1) In cases where the law enforcement, or independent
14 agency, records concern a pending juvenile court case, the
15 party seeking to inspect the records shall provide actual
16 notice to the attorney or guardian ad litem of the minor
17 whose records are sought.
18 (2) In cases where the records concern a juvenile court
19 case that is no longer pending, the party seeking to
20 inspect the records shall provide actual notice to the
21 minor or the minor's parent or legal guardian, and the
22 matter shall be referred to the chief judge presiding over
23 matters pursuant to this Act.
24 (3) In determining whether the records should be
25 available for inspection, the court shall consider the
26 minor's interest in confidentiality and rehabilitation

HB5597- 1552 -LRB098 15874 AMC 50917 b
1 over the moving party's interest in obtaining the
2 information. Any records obtained in violation of this
3 subsection (C) shall not be admissible in any criminal or
4 civil proceeding, or operate to disqualify a minor from
5 subsequently holding public office or securing employment,
6 or operate as a forfeiture of any public benefit, right,
7 privilege, or right to receive any license granted by
8 public authority.
9 (D) Nothing contained in subsection (C) of this Section
10shall prohibit the inspection or disclosure to victims and
11witnesses of photographs contained in the records of law
12enforcement agencies when the inspection and disclosure is
13conducted in the presence of a law enforcement officer for the
14purpose of the identification or apprehension of any person
15subject to the provisions of this Act or for the investigation
16or prosecution of any crime.
17 (E) Law enforcement officers, and personnel of an
18independent agency created by ordinance and charged by a unit
19of local government with the duty of investigating the conduct
20of law enforcement officers, may not disclose the identity of
21any minor in releasing information to the general public as to
22the arrest, investigation or disposition of any case involving
23a minor.
24 (F) Nothing contained in this Section shall prohibit law
25enforcement agencies from communicating with each other by
26letter, memorandum, teletype or intelligence alert bulletin or

HB5597- 1553 -LRB098 15874 AMC 50917 b
1other means the identity or other relevant information
2pertaining to a person under 18 years of age if there are
3reasonable grounds to believe that the person poses a real and
4present danger to the safety of the public or law enforcement
5officers. The information provided under this subsection (F)
6shall remain confidential and shall not be publicly disclosed,
7except as otherwise allowed by law.
8 (G) Nothing in this Section shall prohibit the right of a
9Civil Service Commission or appointing authority of any state,
10county or municipality examining the character and fitness of
11an applicant for employment with a law enforcement agency,
12correctional institution, or fire department from obtaining
13and examining the records of any law enforcement agency
14relating to any record of the applicant having been arrested or
15taken into custody before the applicant's 18th birthday.
16 (H) The changes made to this Section by Public Act 98-61
17this amendatory Act of the 98th General Assembly apply to law
18enforcement records of a minor who has been arrested or taken
19into custody on or after January 1, 2014 (the effective date of
20Public Act 98-61) this amendatory Act.
21(Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12;
2297-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff.
231-1-14; revised 11-22-13.)
24 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
25 Sec. 1-8. Confidentiality and accessibility of juvenile

HB5597- 1554 -LRB098 15874 AMC 50917 b
1court records.
2 (A) Inspection and copying of juvenile court records
3relating to a minor who is the subject of a proceeding under
4this Act shall be restricted to the following:
5 (1) The minor who is the subject of record, his
6 parents, guardian and counsel.
7 (2) Law enforcement officers and law enforcement
8 agencies when such information is essential to executing an
9 arrest or search warrant or other compulsory process, or to
10 conducting an ongoing investigation or relating to a minor
11 who has been adjudicated delinquent and there has been a
12 previous finding that the act which constitutes the
13 previous offense was committed in furtherance of criminal
14 activities by a criminal street gang.
15 Before July 1, 1994, for the purposes of this Section,
16 "criminal street gang" means any ongoing organization,
17 association, or group of 3 or more persons, whether formal
18 or informal, having as one of its primary activities the
19 commission of one or more criminal acts and that has a
20 common name or common identifying sign, symbol or specific
21 color apparel displayed, and whose members individually or
22 collectively engage in or have engaged in a pattern of
23 criminal activity.
24 Beginning July 1, 1994, for purposes of this Section,
25 "criminal street gang" has the meaning ascribed to it in
26 Section 10 of the Illinois Streetgang Terrorism Omnibus

HB5597- 1555 -LRB098 15874 AMC 50917 b
1 Prevention Act.
2 (3) Judges, hearing officers, prosecutors, probation
3 officers, social workers or other individuals assigned by
4 the court to conduct a pre-adjudication or predisposition
5 investigation, and individuals responsible for supervising
6 or providing temporary or permanent care and custody for
7 minors pursuant to the order of the juvenile court when
8 essential to performing their responsibilities.
9 (4) Judges, prosecutors and probation officers:
10 (a) in the course of a trial when institution of
11 criminal proceedings has been permitted or required
12 under Section 5-805; or
13 (b) when criminal proceedings have been permitted
14 or required under Section 5-805 and a minor is the
15 subject of a proceeding to determine the amount of
16 bail; or
17 (c) when criminal proceedings have been permitted
18 or required under Section 5-805 and a minor is the
19 subject of a pre-trial investigation, pre-sentence
20 investigation or fitness hearing, or proceedings on an
21 application for probation; or
22 (d) when a minor becomes 18 years of age or older,
23 and is the subject of criminal proceedings, including a
24 hearing to determine the amount of bail, a pre-trial
25 investigation, a pre-sentence investigation, a fitness
26 hearing, or proceedings on an application for

HB5597- 1556 -LRB098 15874 AMC 50917 b
1 probation.
2 (5) Adult and Juvenile Prisoner Review Boards.
3 (6) Authorized military personnel.
4 (7) Victims, their subrogees and legal
5 representatives; however, such persons shall have access
6 only to the name and address of the minor and information
7 pertaining to the disposition or alternative adjustment
8 plan of the juvenile court.
9 (8) Persons engaged in bona fide research, with the
10 permission of the presiding judge of the juvenile court and
11 the chief executive of the agency that prepared the
12 particular records; provided that publication of such
13 research results in no disclosure of a minor's identity and
14 protects the confidentiality of the record.
15 (9) The Secretary of State to whom the Clerk of the
16 Court shall report the disposition of all cases, as
17 required in Section 6-204 of the Illinois Vehicle Code.
18 However, information reported relative to these offenses
19 shall be privileged and available only to the Secretary of
20 State, courts, and police officers.
21 (10) The administrator of a bonafide substance abuse
22 student assistance program with the permission of the
23 presiding judge of the juvenile court.
24 (11) Mental health professionals on behalf of the
25 Illinois Department of Corrections or the Department of
26 Human Services or prosecutors who are evaluating,

HB5597- 1557 -LRB098 15874 AMC 50917 b
1 prosecuting, or investigating a potential or actual
2 petition brought under the Sexually Violent Persons
3 Commitment Act relating to a person who is the subject of
4 juvenile court records or the respondent to a petition
5 brought under the Sexually Violent Persons Commitment Act,
6 who is the subject of juvenile court records sought. Any
7 records and any information obtained from those records
8 under this paragraph (11) may be used only in sexually
9 violent persons commitment proceedings.
10 (A-1) Findings and exclusions of paternity entered in
11proceedings occurring under Article II of this Act shall be
12disclosed, in a manner and form approved by the Presiding Judge
13of the Juvenile Court, to the Department of Healthcare and
14Family Services when necessary to discharge the duties of the
15Department of Healthcare and Family Services under Article X of
16the Illinois Public Aid Code.
17 (B) A minor who is the victim in a juvenile proceeding
18shall be provided the same confidentiality regarding
19disclosure of identity as the minor who is the subject of
20record.
21 (C) Except as otherwise provided in this subsection (C),
22juvenile court records shall not be made available to the
23general public. Subject to the limitations in paragraphs (0.1)
24through (0.4) of this subsection (C), the judge presiding over
25a juvenile court proceeding brought under this Act, in his or
26her discretion, may order that juvenile court records of an

HB5597- 1558 -LRB098 15874 AMC 50917 b
1individual case be made available for inspection upon request
2by a representative of an agency, association, or news media
3entity or by a properly interested person. For purposes of
4inspecting documents under this subsection (C), a civil
5subpoena is not an order of the court.
6 (0.1) In cases where the records concern a pending
7 juvenile court case, the requesting party seeking to
8 inspect the juvenile court records shall provide actual
9 notice to the attorney or guardian ad litem of the minor
10 whose records are sought.
11 (0.2) In cases where the records concern a juvenile
12 court case that is no longer pending, the requesting party
13 seeking to inspect the juvenile court records shall provide
14 actual notice to the minor or the minor's parent or legal
15 guardian, and the matter shall be referred to the chief
16 judge presiding over matters pursuant to this Act.
17 (0.3) In determining whether records should be made
18 available for inspection and whether inspection should be
19 limited to certain parts of the file, the court shall
20 consider the minor's interest in confidentiality and
21 rehabilitation over the requesting party's interest in
22 obtaining the information. The State's Attorney, the
23 minor, and the minor's parents, guardian, and counsel shall
24 at all times have the right to examine court files and
25 records.
26 (0.4) Any records obtained in violation of this

HB5597- 1559 -LRB098 15874 AMC 50917 b
1 subsection (C) shall not be admissible in any criminal or
2 civil proceeding, or operate to disqualify a minor from
3 subsequently holding public office, or operate as a
4 forfeiture of any public benefit, right, privilege, or
5 right to receive any license granted by public authority.
6 (1) The court shall allow the general public to have
7 access to the name, address, and offense of a minor who is
8 adjudicated a delinquent minor under this Act under either
9 of the following circumstances:
10 (A) The adjudication of delinquency was based upon
11 the minor's commission of first degree murder, attempt
12 to commit first degree murder, aggravated criminal
13 sexual assault, or criminal sexual assault; or
14 (B) The court has made a finding that the minor was
15 at least 13 years of age at the time the act was
16 committed and the adjudication of delinquency was
17 based upon the minor's commission of: (i) an act in
18 furtherance of the commission of a felony as a member
19 of or on behalf of a criminal street gang, (ii) an act
20 involving the use of a firearm in the commission of a
21 felony, (iii) an act that would be a Class X felony
22 offense under or the minor's second or subsequent Class
23 2 or greater felony offense under the Cannabis Control
24 Act if committed by an adult, (iv) an act that would be
25 a second or subsequent offense under Section 402 of the
26 Illinois Controlled Substances Act if committed by an

HB5597- 1560 -LRB098 15874 AMC 50917 b
1 adult, (v) an act that would be an offense under
2 Section 401 of the Illinois Controlled Substances Act
3 if committed by an adult, (vi) an act that would be a
4 second or subsequent offense under Section 60 of the
5 Methamphetamine Control and Community Protection Act,
6 or (vii) an act that would be an offense under another
7 Section of the Methamphetamine Control and Community
8 Protection Act.
9 (2) The court shall allow the general public to have
10 access to the name, address, and offense of a minor who is
11 at least 13 years of age at the time the offense is
12 committed and who is convicted, in criminal proceedings
13 permitted or required under Section 5-4, under either of
14 the following circumstances:
15 (A) The minor has been convicted of first degree
16 murder, attempt to commit first degree murder,
17 aggravated criminal sexual assault, or criminal sexual
18 assault,
19 (B) The court has made a finding that the minor was
20 at least 13 years of age at the time the offense was
21 committed and the conviction was based upon the minor's
22 commission of: (i) an offense in furtherance of the
23 commission of a felony as a member of or on behalf of a
24 criminal street gang, (ii) an offense involving the use
25 of a firearm in the commission of a felony, (iii) a
26 Class X felony offense under or a second or subsequent

HB5597- 1561 -LRB098 15874 AMC 50917 b
1 Class 2 or greater felony offense under the Cannabis
2 Control Act, (iv) a second or subsequent offense under
3 Section 402 of the Illinois Controlled Substances Act,
4 (v) an offense under Section 401 of the Illinois
5 Controlled Substances Act, (vi) an act that would be a
6 second or subsequent offense under Section 60 of the
7 Methamphetamine Control and Community Protection Act,
8 or (vii) an act that would be an offense under another
9 Section of the Methamphetamine Control and Community
10 Protection Act.
11 (D) Pending or following any adjudication of delinquency
12for any offense defined in Sections 11-1.20 through 11-1.60 or
1312-13 through 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, the victim of any such offense shall
15receive the rights set out in Sections 4 and 6 of the Bill of
16Rights for Victims and Witnesses of Violent Crime Act; and the
17juvenile who is the subject of the adjudication,
18notwithstanding any other provision of this Act, shall be
19treated as an adult for the purpose of affording such rights to
20the victim.
21 (E) Nothing in this Section shall affect the right of a
22Civil Service Commission or appointing authority of any state,
23county or municipality examining the character and fitness of
24an applicant for employment with a law enforcement agency,
25correctional institution, or fire department to ascertain
26whether that applicant was ever adjudicated to be a delinquent

HB5597- 1562 -LRB098 15874 AMC 50917 b
1minor and, if so, to examine the records of disposition or
2evidence which were made in proceedings under this Act.
3 (F) Following any adjudication of delinquency for a crime
4which would be a felony if committed by an adult, or following
5any adjudication of delinquency for a violation of Section
624-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
7Criminal Code of 2012, the State's Attorney shall ascertain
8whether the minor respondent is enrolled in school and, if so,
9shall provide a copy of the dispositional order to the
10principal or chief administrative officer of the school. Access
11to such juvenile records shall be limited to the principal or
12chief administrative officer of the school and any guidance
13counselor designated by him.
14 (G) Nothing contained in this Act prevents the sharing or
15disclosure of information or records relating or pertaining to
16juveniles subject to the provisions of the Serious Habitual
17Offender Comprehensive Action Program when that information is
18used to assist in the early identification and treatment of
19habitual juvenile offenders.
20 (H) When a Court hearing a proceeding under Article II of
21this Act becomes aware that an earlier proceeding under Article
22II had been heard in a different county, that Court shall
23request, and the Court in which the earlier proceedings were
24initiated shall transmit, an authenticated copy of the Court
25record, including all documents, petitions, and orders filed
26therein and the minute orders, transcript of proceedings, and

HB5597- 1563 -LRB098 15874 AMC 50917 b
1docket entries of the Court.
2 (I) The Clerk of the Circuit Court shall report to the
3Department of State Police, in the form and manner required by
4the Department of State Police, the final disposition of each
5minor who has been arrested or taken into custody before his or
6her 18th birthday for those offenses required to be reported
7under Section 5 of the Criminal Identification Act. Information
8reported to the Department under this Section may be maintained
9with records that the Department files under Section 2.1 of the
10Criminal Identification Act.
11 (J) The changes made to this Section by Public Act 98-61
12this amendatory Act of the 98th General Assembly apply to law
13enforcement records of a minor who has been arrested or taken
14into custody on or after January 1, 2014 (the effective date of
15Public Act 98-61) this amendatory Act.
16(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
1798-61, eff. 1-1-14; 98-552, eff. 8-27-13; revised 1-17-14.)
18 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
19 Sec. 2-10. Temporary custody hearing. At the appearance of
20the minor before the court at the temporary custody hearing,
21all witnesses present shall be examined before the court in
22relation to any matter connected with the allegations made in
23the petition.
24 (1) If the court finds that there is not probable cause to
25believe that the minor is abused, neglected or dependent it

HB5597- 1564 -LRB098 15874 AMC 50917 b
1shall release the minor and dismiss the petition.
2 (2) If the court finds that there is probable cause to
3believe that the minor is abused, neglected or dependent, the
4court shall state in writing the factual basis supporting its
5finding and the minor, his or her parent, guardian, custodian
6and other persons able to give relevant testimony shall be
7examined before the court. The Department of Children and
8Family Services shall give testimony concerning indicated
9reports of abuse and neglect, of which they are aware of
10through the central registry, involving the minor's parent,
11guardian or custodian. After such testimony, the court may,
12consistent with the health, safety and best interests of the
13minor, enter an order that the minor shall be released upon the
14request of parent, guardian or custodian if the parent,
15guardian or custodian appears to take custody. If it is
16determined that a parent's, guardian's, or custodian's
17compliance with critical services mitigates the necessity for
18removal of the minor from his or her home, the court may enter
19an Order of Protection setting forth reasonable conditions of
20behavior that a parent, guardian, or custodian must observe for
21a specified period of time, not to exceed 12 months, without a
22violation; provided, however, that the 12-month period shall
23begin anew after any violation. Custodian shall include any
24agency of the State which has been given custody or wardship of
25the child. If it is consistent with the health, safety and best
26interests of the minor, the court may also prescribe shelter

HB5597- 1565 -LRB098 15874 AMC 50917 b
1care and order that the minor be kept in a suitable place
2designated by the court or in a shelter care facility
3designated by the Department of Children and Family Services or
4a licensed child welfare agency; however, a minor charged with
5a criminal offense under the Criminal Code of 1961 or the
6Criminal Code of 2012 or adjudicated delinquent shall not be
7placed in the custody of or committed to the Department of
8Children and Family Services by any court, except a minor less
9than 15 years of age and committed to the Department of
10Children and Family Services under Section 5-710 of this Act or
11a minor for whom an independent basis of abuse, neglect, or
12dependency exists. An independent basis exists when the
13allegations or adjudication of abuse, neglect, or dependency do
14not arise from the same facts, incident, or circumstances which
15give rise to a charge or adjudication of delinquency.
16 In placing the minor, the Department or other agency shall,
17to the extent compatible with the court's order, comply with
18Section 7 of the Children and Family Services Act. In
19determining the health, safety and best interests of the minor
20to prescribe shelter care, the court must find that it is a
21matter of immediate and urgent necessity for the safety and
22protection of the minor or of the person or property of another
23that the minor be placed in a shelter care facility or that he
24or she is likely to flee the jurisdiction of the court, and
25must further find that reasonable efforts have been made or
26that, consistent with the health, safety and best interests of

HB5597- 1566 -LRB098 15874 AMC 50917 b
1the minor, no efforts reasonably can be made to prevent or
2eliminate the necessity of removal of the minor from his or her
3home. The court shall require documentation from the Department
4of Children and Family Services as to the reasonable efforts
5that were made to prevent or eliminate the necessity of removal
6of the minor from his or her home or the reasons why no efforts
7reasonably could be made to prevent or eliminate the necessity
8of removal. When a minor is placed in the home of a relative,
9the Department of Children and Family Services shall complete a
10preliminary background review of the members of the minor's
11custodian's household in accordance with Section 4.3 of the
12Child Care Act of 1969 within 90 days of that placement. If the
13minor is ordered placed in a shelter care facility of the
14Department of Children and Family Services or a licensed child
15welfare agency, the court shall, upon request of the
16appropriate Department or other agency, appoint the Department
17of Children and Family Services Guardianship Administrator or
18other appropriate agency executive temporary custodian of the
19minor and the court may enter such other orders related to the
20temporary custody as it deems fit and proper, including the
21provision of services to the minor or his family to ameliorate
22the causes contributing to the finding of probable cause or to
23the finding of the existence of immediate and urgent necessity.
24 Where the Department of Children and Family Services
25Guardianship Administrator is appointed as the executive
26temporary custodian, the Department of Children and Family

HB5597- 1567 -LRB098 15874 AMC 50917 b
1Services shall file with the court and serve on the parties a
2parent-child visiting plan, within 10 days, excluding weekends
3and holidays, after the appointment. The parent-child visiting
4plan shall set out the time and place of visits, the frequency
5of visits, the length of visits, who shall be present at the
6visits, and where appropriate, the minor's opportunities to
7have telephone and mail communication with the parents.
8 Where the Department of Children and Family Services
9Guardianship Administrator is appointed as the executive
10temporary custodian, and when the child has siblings in care,
11the Department of Children and Family Services shall file with
12the court and serve on the parties a sibling placement and
13contact plan within 10 days, excluding weekends and holidays,
14after the appointment. The sibling placement and contact plan
15shall set forth whether the siblings are placed together, and
16if they are not placed together, what, if any, efforts are
17being made to place them together. If the Department has
18determined that it is not in a child's best interest to be
19placed with a sibling, the Department shall document in the
20sibling placement and contact plan the basis for its
21determination. For siblings placed separately, the sibling
22placement and contact plan shall set the time and place for
23visits, the frequency of the visits, the length of visits, who
24shall be present for the visits, and where appropriate, the
25child's opportunities to have contact with their siblings in
26addition to in person contact. If the Department determines it

HB5597- 1568 -LRB098 15874 AMC 50917 b
1is not in the best interest of a sibling to have contact with a
2sibling, the Department shall document in the sibling placement
3and contact plan the basis for its determination. The sibling
4placement and contact plan shall specify a date for development
5of the Sibling Contact Support Plan, under subsection (f) of
6Section 7.4 of the Children and Family Services Act, and shall
7remain in effect until the Sibling Contact Support Plan is
8developed.
9 For good cause, the court may waive the requirement to
10file the parent-child visiting plan or the sibling placement
11and contact plan, or extend the time for filing either plan.
12Any party may, by motion, request the court to review the
13parent-child visiting plan to determine whether it is
14reasonably calculated to expeditiously facilitate the
15achievement of the permanency goal. A party may, by motion,
16request the court to review the parent-child visiting plan or
17the sibling placement and contact plan to determine whether it
18is consistent with the minor's best interest. The court may
19refer the parties to mediation where available. The frequency,
20duration, and locations of visitation shall be measured by the
21needs of the child and family, and not by the convenience of
22Department personnel. Child development principles shall be
23considered by the court in its analysis of how frequent
24visitation should be, how long it should last, where it should
25take place, and who should be present. If upon motion of the
26party to review either plan and after receiving evidence, the

HB5597- 1569 -LRB098 15874 AMC 50917 b
1court determines that the parent-child visiting plan is not
2reasonably calculated to expeditiously facilitate the
3achievement of the permanency goal or that the restrictions
4placed on parent-child contact or sibling placement or contact
5are contrary to the child's best interests, the court shall put
6in writing the factual basis supporting the determination and
7enter specific findings based on the evidence. The court shall
8enter an order for the Department to implement changes to the
9parent-child visiting plan or sibling placement or contact
10plan, consistent with the court's findings. At any stage of
11proceeding, any party may by motion request the court to enter
12any orders necessary to implement the parent-child visiting
13plan, sibling placement or contact plan or subsequently
14developed Sibling Contact Support Plan. Nothing under this
15subsection (2) shall restrict the court from granting
16discretionary authority to the Department to increase
17opportunities for additional parent-child contacts or sibling
18contacts, without further court orders. Nothing in this
19subsection (2) shall restrict the Department from immediately
20restricting or terminating parent-child contact or sibling
21contacts, without either amending the parent-child visiting
22plan or the sibling contact plan or obtaining a court order,
23where the Department or its assigns reasonably believe that
24continuation of the contact, as set out in the plan, would be
25contrary to the child's health, safety, and welfare. The
26Department shall file with the court and serve on the parties

HB5597- 1570 -LRB098 15874 AMC 50917 b
1any amendments to the plan within 10 days, excluding weekends
2and holidays, of the change of the visitation.
3 Acceptance of services shall not be considered an admission
4of any allegation in a petition made pursuant to this Act, nor
5may a referral of services be considered as evidence in any
6proceeding pursuant to this Act, except where the issue is
7whether the Department has made reasonable efforts to reunite
8the family. In making its findings that it is consistent with
9the health, safety and best interests of the minor to prescribe
10shelter care, the court shall state in writing (i) the factual
11basis supporting its findings concerning the immediate and
12urgent necessity for the protection of the minor or of the
13person or property of another and (ii) the factual basis
14supporting its findings that reasonable efforts were made to
15prevent or eliminate the removal of the minor from his or her
16home or that no efforts reasonably could be made to prevent or
17eliminate the removal of the minor from his or her home. The
18parents, guardian, custodian, temporary custodian and minor
19shall each be furnished a copy of such written findings. The
20temporary custodian shall maintain a copy of the court order
21and written findings in the case record for the child. The
22order together with the court's findings of fact in support
23thereof shall be entered of record in the court.
24 Once the court finds that it is a matter of immediate and
25urgent necessity for the protection of the minor that the minor
26be placed in a shelter care facility, the minor shall not be

HB5597- 1571 -LRB098 15874 AMC 50917 b
1returned to the parent, custodian or guardian until the court
2finds that such placement is no longer necessary for the
3protection of the minor.
4 If the child is placed in the temporary custody of the
5Department of Children and Family Services for his or her
6protection, the court shall admonish the parents, guardian,
7custodian or responsible relative that the parents must
8cooperate with the Department of Children and Family Services,
9comply with the terms of the service plans, and correct the
10conditions which require the child to be in care, or risk
11termination of their parental rights.
12 (3) If prior to the shelter care hearing for a minor
13described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
14unable to serve notice on the party respondent, the shelter
15care hearing may proceed ex-parte. A shelter care order from an
16ex-parte hearing shall be endorsed with the date and hour of
17issuance and shall be filed with the clerk's office and entered
18of record. The order shall expire after 10 days from the time
19it is issued unless before its expiration it is renewed, at a
20hearing upon appearance of the party respondent, or upon an
21affidavit of the moving party as to all diligent efforts to
22notify the party respondent by notice as herein prescribed. The
23notice prescribed shall be in writing and shall be personally
24delivered to the minor or the minor's attorney and to the last
25known address of the other person or persons entitled to
26notice. The notice shall also state the nature of the

HB5597- 1572 -LRB098 15874 AMC 50917 b
1allegations, the nature of the order sought by the State,
2including whether temporary custody is sought, and the
3consequences of failure to appear and shall contain a notice
4that the parties will not be entitled to further written
5notices or publication notices of proceedings in this case,
6including the filing of an amended petition or a motion to
7terminate parental rights, except as required by Supreme Court
8Rule 11; and shall explain the right of the parties and the
9procedures to vacate or modify a shelter care order as provided
10in this Section. The notice for a shelter care hearing shall be
11substantially as follows:
12
NOTICE TO PARENTS AND CHILDREN
13
OF SHELTER CARE HEARING
14 On ................ at ........., before the Honorable
15 ................, (address:) ................., the State
16 of Illinois will present evidence (1) that (name of child
17 or children) ....................... are abused, neglected
18 or dependent for the following reasons:
19 .............................................. and (2)
20 whether there is "immediate and urgent necessity" to remove
21 the child or children from the responsible relative.
22 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
23 PLACEMENT of the child or children in foster care until a
24 trial can be held. A trial may not be held for up to 90
25 days. You will not be entitled to further notices of
26 proceedings in this case, including the filing of an

HB5597- 1573 -LRB098 15874 AMC 50917 b
1 amended petition or a motion to terminate parental rights.
2 At the shelter care hearing, parents have the following
3 rights:
4 1. To ask the court to appoint a lawyer if they
5 cannot afford one.
6 2. To ask the court to continue the hearing to
7 allow them time to prepare.
8 3. To present evidence concerning:
9 a. Whether or not the child or children were
10 abused, neglected or dependent.
11 b. Whether or not there is "immediate and
12 urgent necessity" to remove the child from home
13 (including: their ability to care for the child,
14 conditions in the home, alternative means of
15 protecting the child other than removal).
16 c. The best interests of the child.
17 4. To cross examine the State's witnesses.
18 The Notice for rehearings shall be substantially as
19follows:
20
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
21
TO REHEARING ON TEMPORARY CUSTODY
22 If you were not present at and did not have adequate
23 notice of the Shelter Care Hearing at which temporary
24 custody of ............... was awarded to
25 ................, you have the right to request a full

HB5597- 1574 -LRB098 15874 AMC 50917 b
1 rehearing on whether the State should have temporary
2 custody of ................. To request this rehearing,
3 you must file with the Clerk of the Juvenile Court
4 (address): ........................, in person or by
5 mailing a statement (affidavit) setting forth the
6 following:
7 1. That you were not present at the shelter care
8 hearing.
9 2. That you did not get adequate notice (explaining
10 how the notice was inadequate).
11 3. Your signature.
12 4. Signature must be notarized.
13 The rehearing should be scheduled within 48 hours of
14 your filing this affidavit.
15 At the rehearing, your rights are the same as at the
16 initial shelter care hearing. The enclosed notice explains
17 those rights.
18 At the Shelter Care Hearing, children have the
19 following rights:
20 1. To have a guardian ad litem appointed.
21 2. To be declared competent as a witness and to
22 present testimony concerning:
23 a. Whether they are abused, neglected or
24 dependent.
25 b. Whether there is "immediate and urgent
26 necessity" to be removed from home.

HB5597- 1575 -LRB098 15874 AMC 50917 b
1 c. Their best interests.
2 3. To cross examine witnesses for other parties.
3 4. To obtain an explanation of any proceedings and
4 orders of the court.
5 (4) If the parent, guardian, legal custodian, responsible
6relative, minor age 8 or over, or counsel of the minor did not
7have actual notice of or was not present at the shelter care
8hearing, he or she may file an affidavit setting forth these
9facts, and the clerk shall set the matter for rehearing not
10later than 48 hours, excluding Sundays and legal holidays,
11after the filing of the affidavit. At the rehearing, the court
12shall proceed in the same manner as upon the original hearing.
13 (5) Only when there is reasonable cause to believe that the
14minor taken into custody is a person described in subsection
15(3) of Section 5-105 may the minor be kept or detained in a
16detention home or county or municipal jail. This Section shall
17in no way be construed to limit subsection (6).
18 (6) No minor under 16 years of age may be confined in a
19jail or place ordinarily used for the confinement of prisoners
20in a police station. Minors under 18 years of age must be kept
21separate from confined adults and may not at any time be kept
22in the same cell, room, or yard with adults confined pursuant
23to the criminal law.
24 (7) If the minor is not brought before a judicial officer
25within the time period as specified in Section 2-9, the minor
26must immediately be released from custody.

HB5597- 1576 -LRB098 15874 AMC 50917 b
1 (8) If neither the parent, guardian or custodian appears
2within 24 hours to take custody of a minor released upon
3request pursuant to subsection (2) of this Section, then the
4clerk of the court shall set the matter for rehearing not later
5than 7 days after the original order and shall issue a summons
6directed to the parent, guardian or custodian to appear. At the
7same time the probation department shall prepare a report on
8the minor. If a parent, guardian or custodian does not appear
9at such rehearing, the judge may enter an order prescribing
10that the minor be kept in a suitable place designated by the
11Department of Children and Family Services or a licensed child
12welfare agency.
13 (9) Notwithstanding any other provision of this Section any
14interested party, including the State, the temporary
15custodian, an agency providing services to the minor or family
16under a service plan pursuant to Section 8.2 of the Abused and
17Neglected Child Reporting Act, foster parent, or any of their
18representatives, on notice to all parties entitled to notice,
19may file a motion that it is in the best interests of the minor
20to modify or vacate a temporary custody order on any of the
21following grounds:
22 (a) It is no longer a matter of immediate and urgent
23 necessity that the minor remain in shelter care; or
24 (b) There is a material change in the circumstances of
25 the natural family from which the minor was removed and the
26 child can be cared for at home without endangering the

HB5597- 1577 -LRB098 15874 AMC 50917 b
1 child's health or safety; or
2 (c) A person not a party to the alleged abuse, neglect
3 or dependency, including a parent, relative or legal
4 guardian, is capable of assuming temporary custody of the
5 minor; or
6 (d) Services provided by the Department of Children and
7 Family Services or a child welfare agency or other service
8 provider have been successful in eliminating the need for
9 temporary custody and the child can be cared for at home
10 without endangering the child's health or safety.
11 In ruling on the motion, the court shall determine whether
12it is consistent with the health, safety and best interests of
13the minor to modify or vacate a temporary custody order.
14 The clerk shall set the matter for hearing not later than
1514 days after such motion is filed. In the event that the court
16modifies or vacates a temporary custody order but does not
17vacate its finding of probable cause, the court may order that
18appropriate services be continued or initiated in behalf of the
19minor and his or her family.
20 (10) When the court finds or has found that there is
21probable cause to believe a minor is an abused minor as
22described in subsection (2) of Section 2-3 and that there is an
23immediate and urgent necessity for the abused minor to be
24placed in shelter care, immediate and urgent necessity shall be
25presumed for any other minor residing in the same household as
26the abused minor provided:

HB5597- 1578 -LRB098 15874 AMC 50917 b
1 (a) Such other minor is the subject of an abuse or
2 neglect petition pending before the court; and
3 (b) A party to the petition is seeking shelter care for
4 such other minor.
5 Once the presumption of immediate and urgent necessity has
6been raised, the burden of demonstrating the lack of immediate
7and urgent necessity shall be on any party that is opposing
8shelter care for the other minor.
9 (11) The changes made to this Section by Public Act 98-61
10this amendatory Act of the 98th General Assembly apply to a
11minor who has been arrested or taken into custody on or after
12January 1, 2014 (the effective date of Public Act 98-61) this
13amendatory Act.
14(Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13;
1598-61, eff. 1-1-14; revised 11-22-13.)
16 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
17 Sec. 2-28. Court review.
18 (1) The court may require any legal custodian or guardian
19of the person appointed under this Act to report periodically
20to the court or may cite him into court and require him or his
21agency, to make a full and accurate report of his or its doings
22in behalf of the minor. The custodian or guardian, within 10
23days after such citation, shall make the report, either in
24writing verified by affidavit or orally under oath in open
25court, or otherwise as the court directs. Upon the hearing of

HB5597- 1579 -LRB098 15874 AMC 50917 b
1the report the court may remove the custodian or guardian and
2appoint another in his stead or restore the minor to the
3custody of his parents or former guardian or custodian.
4However, custody of the minor shall not be restored to any
5parent, guardian or legal custodian in any case in which the
6minor is found to be neglected or abused under Section 2-3 or
7dependent under Section 2-4 of this Act, unless the minor can
8be cared for at home without endangering the minor's health or
9safety and it is in the best interests of the minor, and if
10such neglect, abuse, or dependency is found by the court under
11paragraph (1) of Section 2-21 of this Act to have come about
12due to the acts or omissions or both of such parent, guardian
13or legal custodian, until such time as an investigation is made
14as provided in paragraph (5) and a hearing is held on the issue
15of the fitness of such parent, guardian or legal custodian to
16care for the minor and the court enters an order that such
17parent, guardian or legal custodian is fit to care for the
18minor.
19 (2) The first permanency hearing shall be conducted by the
20judge. Subsequent permanency hearings may be heard by a judge
21or by hearing officers appointed or approved by the court in
22the manner set forth in Section 2-28.1 of this Act. The initial
23hearing shall be held (a) within 12 months from the date
24temporary custody was taken, regardless of whether an
25adjudication or dispositional hearing has been completed
26within that time frame, (b) if the parental rights of both

HB5597- 1580 -LRB098 15874 AMC 50917 b
1parents have been terminated in accordance with the procedure
2described in subsection (5) of Section 2-21, within 30 days of
3the order for termination of parental rights and appointment of
4a guardian with power to consent to adoption, or (c) in
5accordance with subsection (2) of Section 2-13.1. Subsequent
6permanency hearings shall be held every 6 months or more
7frequently if necessary in the court's determination following
8the initial permanency hearing, in accordance with the
9standards set forth in this Section, until the court determines
10that the plan and goal have been achieved. Once the plan and
11goal have been achieved, if the minor remains in substitute
12care, the case shall be reviewed at least every 6 months
13thereafter, subject to the provisions of this Section, unless
14the minor is placed in the guardianship of a suitable relative
15or other person and the court determines that further
16monitoring by the court does not further the health, safety or
17best interest of the child and that this is a stable permanent
18placement. The permanency hearings must occur within the time
19frames set forth in this subsection and may not be delayed in
20anticipation of a report from any source or due to the agency's
21failure to timely file its written report (this written report
22means the one required under the next paragraph and does not
23mean the service plan also referred to in that paragraph).
24 The public agency that is the custodian or guardian of the
25minor, or another agency responsible for the minor's care,
26shall ensure that all parties to the permanency hearings are

HB5597- 1581 -LRB098 15874 AMC 50917 b
1provided a copy of the most recent service plan prepared within
2the prior 6 months at least 14 days in advance of the hearing.
3If not contained in the plan, the agency shall also include a
4report setting forth (i) any special physical, psychological,
5educational, medical, emotional, or other needs of the minor or
6his or her family that are relevant to a permanency or
7placement determination and (ii) for any minor age 16 or over,
8a written description of the programs and services that will
9enable the minor to prepare for independent living. The
10agency's written report must detail what progress or lack of
11progress the parent has made in correcting the conditions
12requiring the child to be in care; whether the child can be
13returned home without jeopardizing the child's health, safety,
14and welfare, and if not, what permanency goal is recommended to
15be in the best interests of the child, and why the other
16permanency goals are not appropriate. The caseworker must
17appear and testify at the permanency hearing. If a permanency
18hearing has not previously been scheduled by the court, the
19moving party shall move for the setting of a permanency hearing
20and the entry of an order within the time frames set forth in
21this subsection.
22 At the permanency hearing, the court shall determine the
23future status of the child. The court shall set one of the
24following permanency goals:
25 (A) The minor will be returned home by a specific date
26 within 5 months.

HB5597- 1582 -LRB098 15874 AMC 50917 b
1 (B) The minor will be in short-term care with a
2 continued goal to return home within a period not to exceed
3 one year, where the progress of the parent or parents is
4 substantial giving particular consideration to the age and
5 individual needs of the minor.
6 (B-1) The minor will be in short-term care with a
7 continued goal to return home pending a status hearing.
8 When the court finds that a parent has not made reasonable
9 efforts or reasonable progress to date, the court shall
10 identify what actions the parent and the Department must
11 take in order to justify a finding of reasonable efforts or
12 reasonable progress and shall set a status hearing to be
13 held not earlier than 9 months from the date of
14 adjudication nor later than 11 months from the date of
15 adjudication during which the parent's progress will again
16 be reviewed.
17 (C) The minor will be in substitute care pending court
18 determination on termination of parental rights.
19 (D) Adoption, provided that parental rights have been
20 terminated or relinquished.
21 (E) The guardianship of the minor will be transferred
22 to an individual or couple on a permanent basis provided
23 that goals (A) through (D) have been ruled out.
24 (F) The minor over age 15 will be in substitute care
25 pending independence.
26 (G) The minor will be in substitute care because he or

HB5597- 1583 -LRB098 15874 AMC 50917 b
1 she cannot be provided for in a home environment due to
2 developmental disabilities or mental illness or because he
3 or she is a danger to self or others, provided that goals
4 (A) through (D) have been ruled out.
5 In selecting any permanency goal, the court shall indicate
6in writing the reasons the goal was selected and why the
7preceding goals were ruled out. Where the court has selected a
8permanency goal other than (A), (B), or (B-1), the Department
9of Children and Family Services shall not provide further
10reunification services, but shall provide services consistent
11with the goal selected.
12 (H) Notwithstanding any other provision in this
13 Section, the court may select the goal of continuing foster
14 care as a permanency goal if:
15 (1) The Department of Children and Family Services
16 has custody and guardianship of the minor;
17 (2) The court has ruled out all other permanency
18 goals based on the child's best interest;
19 (3) The court has found compelling reasons, based
20 on written documentation reviewed by the court, to
21 place the minor in continuing foster care. Compelling
22 reasons include:
23 (a) the child does not wish to be adopted or to
24 be placed in the guardianship of his or her
25 relative or foster care placement;
26 (b) the child exhibits an extreme level of need

HB5597- 1584 -LRB098 15874 AMC 50917 b
1 such that the removal of the child from his or her
2 placement would be detrimental to the child; or
3 (c) the child who is the subject of the
4 permanency hearing has existing close and strong
5 bonds with a sibling, and achievement of another
6 permanency goal would substantially interfere with
7 the subject child's sibling relationship, taking
8 into consideration the nature and extent of the
9 relationship, and whether ongoing contact is in
10 the subject child's best interest, including
11 long-term emotional interest, as compared with the
12 legal and emotional benefit of permanence;
13 (4) The child has lived with the relative or foster
14 parent for at least one year; and
15 (5) The relative or foster parent currently caring
16 for the child is willing and capable of providing the
17 child with a stable and permanent environment.
18 The court shall set a permanency goal that is in the best
19interest of the child. In determining that goal, the court
20shall consult with the minor in an age-appropriate manner
21regarding the proposed permanency or transition plan for the
22minor. The court's determination shall include the following
23factors:
24 (1) Age of the child.
25 (2) Options available for permanence, including both
26 out-of-State and in-State placement options.

HB5597- 1585 -LRB098 15874 AMC 50917 b
1 (3) Current placement of the child and the intent of
2 the family regarding adoption.
3 (4) Emotional, physical, and mental status or
4 condition of the child.
5 (5) Types of services previously offered and whether or
6 not the services were successful and, if not successful,
7 the reasons the services failed.
8 (6) Availability of services currently needed and
9 whether the services exist.
10 (7) Status of siblings of the minor.
11 The court shall consider (i) the permanency goal contained
12in the service plan, (ii) the appropriateness of the services
13contained in the plan and whether those services have been
14provided, (iii) whether reasonable efforts have been made by
15all the parties to the service plan to achieve the goal, and
16(iv) whether the plan and goal have been achieved. All evidence
17relevant to determining these questions, including oral and
18written reports, may be admitted and may be relied on to the
19extent of their probative value.
20 The court shall make findings as to whether, in violation
21of Section 8.2 of the Abused and Neglected Child Reporting Act,
22any portion of the service plan compels a child or parent to
23engage in any activity or refrain from any activity that is not
24reasonably related to remedying a condition or conditions that
25gave rise or which could give rise to any finding of child
26abuse or neglect. The services contained in the service plan

HB5597- 1586 -LRB098 15874 AMC 50917 b
1shall include services reasonably related to remedy the
2conditions that gave rise to removal of the child from the home
3of his or her parents, guardian, or legal custodian or that the
4court has found must be remedied prior to returning the child
5home. Any tasks the court requires of the parents, guardian, or
6legal custodian or child prior to returning the child home,
7must be reasonably related to remedying a condition or
8conditions that gave rise to or which could give rise to any
9finding of child abuse or neglect.
10 If the permanency goal is to return home, the court shall
11make findings that identify any problems that are causing
12continued placement of the children away from the home and
13identify what outcomes would be considered a resolution to
14these problems. The court shall explain to the parents that
15these findings are based on the information that the court has
16at that time and may be revised, should additional evidence be
17presented to the court.
18 The court shall review the Sibling Contact and Support Plan
19developed or modified under subsection (f) of Section 7.4 of
20the Children and Family Services Act, if applicable. If the
21Department has not convened a meeting to develop or modify a
22Sibling Contact Support Plan, or if the court finds that the
23existing Plan is not in the child's best interest, the court
24may enter an order requiring the Department to develop, modify
25or implement a Sibling Contact Support Plan, or order
26mediation.

HB5597- 1587 -LRB098 15874 AMC 50917 b
1 If the goal has been achieved, the court shall enter orders
2that are necessary to conform the minor's legal custody and
3status to those findings.
4 If, after receiving evidence, the court determines that the
5services contained in the plan are not reasonably calculated to
6facilitate achievement of the permanency goal, the court shall
7put in writing the factual basis supporting the determination
8and enter specific findings based on the evidence. The court
9also shall enter an order for the Department to develop and
10implement a new service plan or to implement changes to the
11current service plan consistent with the court's findings. The
12new service plan shall be filed with the court and served on
13all parties within 45 days of the date of the order. The court
14shall continue the matter until the new service plan is filed.
15Unless otherwise specifically authorized by law, the court is
16not empowered under this subsection (2) or under subsection (3)
17to order specific placements, specific services, or specific
18service providers to be included in the plan.
19 A guardian or custodian appointed by the court pursuant to
20this Act shall file updated case plans with the court every 6
21months.
22 Rights of wards of the court under this Act are enforceable
23against any public agency by complaints for relief by mandamus
24filed in any proceedings brought under this Act.
25 (3) Following the permanency hearing, the court shall enter
26a written order that includes the determinations required under

HB5597- 1588 -LRB098 15874 AMC 50917 b
1subsection (2) of this Section and sets forth the following:
2 (a) The future status of the minor, including the
3 permanency goal, and any order necessary to conform the
4 minor's legal custody and status to such determination; or
5 (b) If the permanency goal of the minor cannot be
6 achieved immediately, the specific reasons for continuing
7 the minor in the care of the Department of Children and
8 Family Services or other agency for short term placement,
9 and the following determinations:
10 (i) (Blank).
11 (ii) Whether the services required by the court and
12 by any service plan prepared within the prior 6 months
13 have been provided and (A) if so, whether the services
14 were reasonably calculated to facilitate the
15 achievement of the permanency goal or (B) if not
16 provided, why the services were not provided.
17 (iii) Whether the minor's placement is necessary,
18 and appropriate to the plan and goal, recognizing the
19 right of minors to the least restrictive (most
20 family-like) setting available and in close proximity
21 to the parents' home consistent with the health,
22 safety, best interest and special needs of the minor
23 and, if the minor is placed out-of-State, whether the
24 out-of-State placement continues to be appropriate and
25 consistent with the health, safety, and best interest
26 of the minor.

HB5597- 1589 -LRB098 15874 AMC 50917 b
1 (iv) (Blank).
2 (v) (Blank).
3 (4) The minor or any person interested in the minor may
4apply to the court for a change in custody of the minor and the
5appointment of a new custodian or guardian of the person or for
6the restoration of the minor to the custody of his parents or
7former guardian or custodian.
8 When return home is not selected as the permanency goal:
9 (a) The Department, the minor, or the current foster
10 parent or relative caregiver seeking private guardianship
11 may file a motion for private guardianship of the minor.
12 Appointment of a guardian under this Section requires
13 approval of the court.
14 (b) The State's Attorney may file a motion to terminate
15 parental rights of any parent who has failed to make
16 reasonable efforts to correct the conditions which led to
17 the removal of the child or reasonable progress toward the
18 return of the child, as defined in subdivision (D)(m) of
19 Section 1 of the Adoption Act or for whom any other
20 unfitness ground for terminating parental rights as
21 defined in subdivision (D) of Section 1 of the Adoption Act
22 exists.
23 When parental rights have been terminated for a minimum
24 of 3 years and the child who is the subject of the
25 permanency hearing is 13 years old or older and is not
26 currently placed in a placement likely to achieve

HB5597- 1590 -LRB098 15874 AMC 50917 b
1 permanency, the Department of Children and Family Services
2 shall make reasonable efforts to locate parents whose
3 rights have been terminated, except when the Court
4 determines that those efforts would be futile or
5 inconsistent with the subject child's best interests. The
6 Department of Children and Family Services shall assess the
7 appropriateness of the parent whose rights have been
8 terminated, and shall, as appropriate, foster and support
9 connections between the parent whose rights have been
10 terminated and the youth. The Department of Children and
11 Family Services shall document its determinations and
12 efforts to foster connections in the child's case plan.
13 Custody of the minor shall not be restored to any parent,
14guardian or legal custodian in any case in which the minor is
15found to be neglected or abused under Section 2-3 or dependent
16under Section 2-4 of this Act, unless the minor can be cared
17for at home without endangering his or her health or safety and
18it is in the best interest of the minor, and if such neglect,
19abuse, or dependency is found by the court under paragraph (1)
20of Section 2-21 of this Act to have come about due to the acts
21or omissions or both of such parent, guardian or legal
22custodian, until such time as an investigation is made as
23provided in paragraph (5) and a hearing is held on the issue of
24the health, safety and best interest of the minor and the
25fitness of such parent, guardian or legal custodian to care for
26the minor and the court enters an order that such parent,

HB5597- 1591 -LRB098 15874 AMC 50917 b
1guardian or legal custodian is fit to care for the minor. In
2the event that the minor has attained 18 years of age and the
3guardian or custodian petitions the court for an order
4terminating his guardianship or custody, guardianship or
5custody shall terminate automatically 30 days after the receipt
6of the petition unless the court orders otherwise. No legal
7custodian or guardian of the person may be removed without his
8consent until given notice and an opportunity to be heard by
9the court.
10 When the court orders a child restored to the custody of
11the parent or parents, the court shall order the parent or
12parents to cooperate with the Department of Children and Family
13Services and comply with the terms of an after-care plan, or
14risk the loss of custody of the child and possible termination
15of their parental rights. The court may also enter an order of
16protective supervision in accordance with Section 2-24.
17 (5) Whenever a parent, guardian, or legal custodian files a
18motion for restoration of custody of the minor, and the minor
19was adjudicated neglected, abused, or dependent as a result of
20physical abuse, the court shall cause to be made an
21investigation as to whether the movant has ever been charged
22with or convicted of any criminal offense which would indicate
23the likelihood of any further physical abuse to the minor.
24Evidence of such criminal convictions shall be taken into
25account in determining whether the minor can be cared for at
26home without endangering his or her health or safety and

HB5597- 1592 -LRB098 15874 AMC 50917 b
1fitness of the parent, guardian, or legal custodian.
2 (a) Any agency of this State or any subdivision thereof
3 shall co-operate with the agent of the court in providing
4 any information sought in the investigation.
5 (b) The information derived from the investigation and
6 any conclusions or recommendations derived from the
7 information shall be provided to the parent, guardian, or
8 legal custodian seeking restoration of custody prior to the
9 hearing on fitness and the movant shall have an opportunity
10 at the hearing to refute the information or contest its
11 significance.
12 (c) All information obtained from any investigation
13 shall be confidential as provided in Section 5-150 of this
14 Act.
15(Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10;
1697-425, eff. 8-16-11; 97-1076, eff. 8-24-12; revised
1711-22-13.)
18 (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
19 Sec. 3-12. Shelter care hearing. At the appearance of the
20minor before the court at the shelter care hearing, all
21witnesses present shall be examined before the court in
22relation to any matter connected with the allegations made in
23the petition.
24 (1) If the court finds that there is not probable cause to
25believe that the minor is a person requiring authoritative

HB5597- 1593 -LRB098 15874 AMC 50917 b
1intervention, it shall release the minor and dismiss the
2petition.
3 (2) If the court finds that there is probable cause to
4believe that the minor is a person requiring authoritative
5intervention, the minor, his or her parent, guardian, custodian
6and other persons able to give relevant testimony shall be
7examined before the court. After such testimony, the court may
8enter an order that the minor shall be released upon the
9request of a parent, guardian or custodian if the parent,
10guardian or custodian appears to take custody. Custodian shall
11include any agency of the State which has been given custody or
12wardship of the child. The Court shall require documentation by
13representatives of the Department of Children and Family
14Services or the probation department as to the reasonable
15efforts that were made to prevent or eliminate the necessity of
16removal of the minor from his or her home, and shall consider
17the testimony of any person as to those reasonable efforts. If
18the court finds that it is a matter of immediate and urgent
19necessity for the protection of the minor or of the person or
20property of another that the minor be placed in a shelter care
21facility, or that he or she is likely to flee the jurisdiction
22of the court, and further finds that reasonable efforts have
23been made or good cause has been shown why reasonable efforts
24cannot prevent or eliminate the necessity of removal of the
25minor from his or her home, the court may prescribe shelter
26care and order that the minor be kept in a suitable place

HB5597- 1594 -LRB098 15874 AMC 50917 b
1designated by the court or in a shelter care facility
2designated by the Department of Children and Family Services or
3a licensed child welfare agency; otherwise it shall release the
4minor from custody. If the court prescribes shelter care, then
5in placing the minor, the Department or other agency shall, to
6the extent compatible with the court's order, comply with
7Section 7 of the Children and Family Services Act. If the minor
8is ordered placed in a shelter care facility of the Department
9of Children and Family Services or a licensed child welfare
10agency, the court shall, upon request of the Department or
11other agency, appoint the Department of Children and Family
12Services Guardianship Administrator or other appropriate
13agency executive temporary custodian of the minor and the court
14may enter such other orders related to the temporary custody as
15it deems fit and proper, including the provision of services to
16the minor or his family to ameliorate the causes contributing
17to the finding of probable cause or to the finding of the
18existence of immediate and urgent necessity. Acceptance of
19services shall not be considered an admission of any allegation
20in a petition made pursuant to this Act, nor may a referral of
21services be considered as evidence in any proceeding pursuant
22to this Act, except where the issue is whether the Department
23has made reasonable efforts to reunite the family. In making
24its findings that reasonable efforts have been made or that
25good cause has been shown why reasonable efforts cannot prevent
26or eliminate the necessity of removal of the minor from his or

HB5597- 1595 -LRB098 15874 AMC 50917 b
1her home, the court shall state in writing its findings
2concerning the nature of the services that were offered or the
3efforts that were made to prevent removal of the child and the
4apparent reasons that such services or efforts could not
5prevent the need for removal. The parents, guardian, custodian,
6temporary custodian and minor shall each be furnished a copy of
7such written findings. The temporary custodian shall maintain a
8copy of the court order and written findings in the case record
9for the child.
10 The order together with the court's findings of fact and
11support thereof shall be entered of record in the court.
12 Once the court finds that it is a matter of immediate and
13urgent necessity for the protection of the minor that the minor
14be placed in a shelter care facility, the minor shall not be
15returned to the parent, custodian or guardian until the court
16finds that such placement is no longer necessary for the
17protection of the minor.
18 (3) If prior to the shelter care hearing for a minor
19described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
20unable to serve notice on the party respondent, the shelter
21care hearing may proceed ex-parte. A shelter care order from an
22ex-parte hearing shall be endorsed with the date and hour of
23issuance and shall be filed with the clerk's office and entered
24of record. The order shall expire after 10 days from the time
25it is issued unless before its expiration it is renewed, at a
26hearing upon appearance of the party respondent, or upon an

HB5597- 1596 -LRB098 15874 AMC 50917 b
1affidavit of the moving party as to all diligent efforts to
2notify the party respondent by notice as herein prescribed. The
3notice prescribed shall be in writing and shall be personally
4delivered to the minor or the minor's attorney and to the last
5known address of the other person or persons entitled to
6notice. The notice shall also state the nature of the
7allegations, the nature of the order sought by the State,
8including whether temporary custody is sought, and the
9consequences of failure to appear; and shall explain the right
10of the parties and the procedures to vacate or modify a shelter
11care order as provided in this Section. The notice for a
12shelter care hearing shall be substantially as follows:
13
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
14 On ................ at ........., before the Honorable
15................, (address:) ................., the State of
16Illinois will present evidence (1) that (name of child or
17children) ....................... are abused, neglected or
18dependent for the following reasons:
19.............................................................
20and (2) that there is "immediate and urgent necessity" to
21remove the child or children from the responsible relative.
22 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
23PLACEMENT of the child or children in foster care until a trial
24can be held. A trial may not be held for up to 90 days.
25 At the shelter care hearing, parents have the following
26rights:

HB5597- 1597 -LRB098 15874 AMC 50917 b
1 1. To ask the court to appoint a lawyer if they cannot
2 afford one.
3 2. To ask the court to continue the hearing to allow
4 them time to prepare.
5 3. To present evidence concerning:
6 a. Whether or not the child or children were
7 abused, neglected or dependent.
8 b. Whether or not there is "immediate and urgent
9 necessity" to remove the child from home (including:
10 their ability to care for the child, conditions in the
11 home, alternative means of protecting the child other
12 than removal).
13 c. The best interests of the child.
14 4. To cross examine the State's witnesses.
15 The Notice for rehearings shall be substantially as
16follows:
17
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
18
TO REHEARING ON TEMPORARY CUSTODY
19 If you were not present at and did not have adequate notice
20of the Shelter Care Hearing at which temporary custody of
21............... was awarded to ................, you have the
22right to request a full rehearing on whether the State should
23have temporary custody of ................. To request this
24rehearing, you must file with the Clerk of the Juvenile Court
25(address): ........................, in person or by mailing a
26statement (affidavit) setting forth the following:

HB5597- 1598 -LRB098 15874 AMC 50917 b
1 1. That you were not present at the shelter care
2 hearing.
3 2. That you did not get adequate notice (explaining how
4 the notice was inadequate).
5 3. Your signature.
6 4. Signature must be notarized.
7 The rehearing should be scheduled within one day of your
8filing this affidavit.
9 At the rehearing, your rights are the same as at the
10initial shelter care hearing. The enclosed notice explains
11those rights.
12 At the Shelter Care Hearing, children have the following
13rights:
14 1. To have a guardian ad litem appointed.
15 2. To be declared competent as a witness and to present
16 testimony concerning:
17 a. Whether they are abused, neglected or
18 dependent.
19 b. Whether there is "immediate and urgent
20 necessity" to be removed from home.
21 c. Their best interests.
22 3. To cross examine witnesses for other parties.
23 4. To obtain an explanation of any proceedings and
24 orders of the court.
25 (4) If the parent, guardian, legal custodian, responsible
26relative, or counsel of the minor did not have actual notice of

HB5597- 1599 -LRB098 15874 AMC 50917 b
1or was not present at the shelter care hearing, he or she may
2file an affidavit setting forth these facts, and the clerk
3shall set the matter for rehearing not later than 48 hours,
4excluding Sundays and legal holidays, after the filing of the
5affidavit. At the rehearing, the court shall proceed in the
6same manner as upon the original hearing.
7 (5) Only when there is reasonable cause to believe that the
8minor taken into custody is a person described in subsection
9(3) of Section 5-105 may the minor be kept or detained in a
10detention home or county or municipal jail. This Section shall
11in no way be construed to limit subsection (6).
12 (6) No minor under 16 years of age may be confined in a
13jail or place ordinarily used for the confinement of prisoners
14in a police station. Minors under 18 years of age must be kept
15separate from confined adults and may not at any time be kept
16in the same cell, room, or yard with adults confined pursuant
17to the criminal law.
18 (7) If the minor is not brought before a judicial officer
19within the time period specified in Section 3-11, the minor
20must immediately be released from custody.
21 (8) If neither the parent, guardian or custodian appears
22within 24 hours to take custody of a minor released upon
23request pursuant to subsection (2) of this Section, then the
24clerk of the court shall set the matter for rehearing not later
25than 7 days after the original order and shall issue a summons
26directed to the parent, guardian or custodian to appear. At the

HB5597- 1600 -LRB098 15874 AMC 50917 b
1same time the probation department shall prepare a report on
2the minor. If a parent, guardian or custodian does not appear
3at such rehearing, the judge may enter an order prescribing
4that the minor be kept in a suitable place designated by the
5Department of Children and Family Services or a licensed child
6welfare agency.
7 (9) Notwithstanding any other provision of this Section,
8any interested party, including the State, the temporary
9custodian, an agency providing services to the minor or family
10under a service plan pursuant to Section 8.2 of the Abused and
11Neglected Child Reporting Act, foster parent, or any of their
12representatives, on notice to all parties entitled to notice,
13may file a motion to modify or vacate a temporary custody order
14on any of the following grounds:
15 (a) It is no longer a matter of immediate and urgent
16 necessity that the minor remain in shelter care; or
17 (b) There is a material change in the circumstances of
18 the natural family from which the minor was removed; or
19 (c) A person, including a parent, relative or legal
20 guardian, is capable of assuming temporary custody of the
21 minor; or
22 (d) Services provided by the Department of Children and
23 Family Services or a child welfare agency or other service
24 provider have been successful in eliminating the need for
25 temporary custody.
26 The clerk shall set the matter for hearing not later than

HB5597- 1601 -LRB098 15874 AMC 50917 b
114 days after such motion is filed. In the event that the court
2modifies or vacates a temporary custody order but does not
3vacate its finding of probable cause, the court may order that
4appropriate services be continued or initiated in behalf of the
5minor and his or her family.
6 (10) The changes made to this Section by Public Act 98-61
7this amendatory Act of the 98th General Assembly apply to a
8minor who has been arrested or taken into custody on or after
9January 1, 2014 (the effective date of Public Act 98-61) this
10amendatory Act.
11(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
12 (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
13 Sec. 4-9. Shelter care hearing. At the appearance of the
14minor before the court at the shelter care hearing, all
15witnesses present shall be examined before the court in
16relation to any matter connected with the allegations made in
17the petition.
18 (1) If the court finds that there is not probable cause to
19believe that the minor is addicted, it shall release the minor
20and dismiss the petition.
21 (2) If the court finds that there is probable cause to
22believe that the minor is addicted, the minor, his or her
23parent, guardian, custodian and other persons able to give
24relevant testimony shall be examined before the court. After
25such testimony, the court may enter an order that the minor

HB5597- 1602 -LRB098 15874 AMC 50917 b
1shall be released upon the request of a parent, guardian or
2custodian if the parent, guardian or custodian appears to take
3custody and agrees to abide by a court order which requires the
4minor and his or her parent, guardian, or legal custodian to
5complete an evaluation by an entity licensed by the Department
6of Human Services, as the successor to the Department of
7Alcoholism and Substance Abuse, and complete any treatment
8recommendations indicated by the assessment. Custodian shall
9include any agency of the State which has been given custody or
10wardship of the child.
11 The Court shall require documentation by representatives
12of the Department of Children and Family Services or the
13probation department as to the reasonable efforts that were
14made to prevent or eliminate the necessity of removal of the
15minor from his or her home, and shall consider the testimony of
16any person as to those reasonable efforts. If the court finds
17that it is a matter of immediate and urgent necessity for the
18protection of the minor or of the person or property of another
19that the minor be or placed in a shelter care facility or that
20he or she is likely to flee the jurisdiction of the court, and
21further, finds that reasonable efforts have been made or good
22cause has been shown why reasonable efforts cannot prevent or
23eliminate the necessity of removal of the minor from his or her
24home, the court may prescribe shelter care and order that the
25minor be kept in a suitable place designated by the court or in
26a shelter care facility designated by the Department of

HB5597- 1603 -LRB098 15874 AMC 50917 b
1Children and Family Services or a licensed child welfare
2agency, or in a facility or program licensed by the Department
3of Human Services for shelter and treatment services; otherwise
4it shall release the minor from custody. If the court
5prescribes shelter care, then in placing the minor, the
6Department or other agency shall, to the extent compatible with
7the court's order, comply with Section 7 of the Children and
8Family Services Act. If the minor is ordered placed in a
9shelter care facility of the Department of Children and Family
10Services or a licensed child welfare agency, or in a facility
11or program licensed by the Department of Human Services for
12shelter and treatment services, the court shall, upon request
13of the appropriate Department or other agency, appoint the
14Department of Children and Family Services Guardianship
15Administrator or other appropriate agency executive temporary
16custodian of the minor and the court may enter such other
17orders related to the temporary custody as it deems fit and
18proper, including the provision of services to the minor or his
19family to ameliorate the causes contributing to the finding of
20probable cause or to the finding of the existence of immediate
21and urgent necessity. Acceptance of services shall not be
22considered an admission of any allegation in a petition made
23pursuant to this Act, nor may a referral of services be
24considered as evidence in any proceeding pursuant to this Act,
25except where the issue is whether the Department has made
26reasonable efforts to reunite the family. In making its

HB5597- 1604 -LRB098 15874 AMC 50917 b
1findings that reasonable efforts have been made or that good
2cause has been shown why reasonable efforts cannot prevent or
3eliminate the necessity of removal of the minor from his or her
4home, the court shall state in writing its findings concerning
5the nature of the services that were offered or the efforts
6that were made to prevent removal of the child and the apparent
7reasons that such services or efforts could not prevent the
8need for removal. The parents, guardian, custodian, temporary
9custodian and minor shall each be furnished a copy of such
10written findings. The temporary custodian shall maintain a copy
11of the court order and written findings in the case record for
12the child. The order together with the court's findings of fact
13in support thereof shall be entered of record in the court.
14 Once the court finds that it is a matter of immediate and
15urgent necessity for the protection of the minor that the minor
16be placed in a shelter care facility, the minor shall not be
17returned to the parent, custodian or guardian until the court
18finds that such placement is no longer necessary for the
19protection of the minor.
20 (3) If neither the parent, guardian, legal custodian,
21responsible relative nor counsel of the minor has had actual
22notice of or is present at the shelter care hearing, he or she
23may file his or her affidavit setting forth these facts, and
24the clerk shall set the matter for rehearing not later than 24
25hours, excluding Sundays and legal holidays, after the filing
26of the affidavit. At the rehearing, the court shall proceed in

HB5597- 1605 -LRB098 15874 AMC 50917 b
1the same manner as upon the original hearing.
2 (4) If the minor is not brought before a judicial officer
3within the time period as specified in Section 4-8, the minor
4must immediately be released from custody.
5 (5) Only when there is reasonable cause to believe that the
6minor taken into custody is a person described in subsection
7(3) of Section 5-105 may the minor be kept or detained in a
8detention home or county or municipal jail. This Section shall
9in no way be construed to limit subsection (6).
10 (6) No minor under 16 years of age may be confined in a
11jail or place ordinarily used for the confinement of prisoners
12in a police station. Minors under 18 years of age must be kept
13separate from confined adults and may not at any time be kept
14in the same cell, room or yard with adults confined pursuant to
15the criminal law.
16 (7) If neither the parent, guardian or custodian appears
17within 24 hours to take custody of a minor released upon
18request pursuant to subsection (2) of this Section, then the
19clerk of the court shall set the matter for rehearing not later
20than 7 days after the original order and shall issue a summons
21directed to the parent, guardian or custodian to appear. At the
22same time the probation department shall prepare a report on
23the minor. If a parent, guardian or custodian does not appear
24at such rehearing, the judge may enter an order prescribing
25that the minor be kept in a suitable place designated by the
26Department of Children and Family Services or a licensed child

HB5597- 1606 -LRB098 15874 AMC 50917 b
1welfare agency.
2 (8) Any interested party, including the State, the
3temporary custodian, an agency providing services to the minor
4or family under a service plan pursuant to Section 8.2 of the
5Abused and Neglected Child Reporting Act, foster parent, or any
6of their representatives, may file a motion to modify or vacate
7a temporary custody order on any of the following grounds:
8 (a) It is no longer a matter of immediate and urgent
9 necessity that the minor remain in shelter care; or
10 (b) There is a material change in the circumstances of
11 the natural family from which the minor was removed; or
12 (c) A person, including a parent, relative or legal
13 guardian, is capable of assuming temporary custody of the
14 minor; or
15 (d) Services provided by the Department of Children and
16 Family Services or a child welfare agency or other service
17 provider have been successful in eliminating the need for
18 temporary custody.
19 The clerk shall set the matter for hearing not later than
2014 days after such motion is filed. In the event that the court
21modifies or vacates a temporary custody order but does not
22vacate its finding of probable cause, the court may order that
23appropriate services be continued or initiated in behalf of the
24minor and his or her family.
25 (9) The changes made to this Section by Public Act 98-61
26this amendatory Act of the 98th General Assembly apply to a

HB5597- 1607 -LRB098 15874 AMC 50917 b
1minor who has been arrested or taken into custody on or after
2January 1, 2014 (the effective date of Public Act 98-61) this
3amendatory Act.
4(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
5 (705 ILCS 405/5-105)
6 Sec. 5-105. Definitions. As used in this Article:
7 (1) "Aftercare release" means the conditional and
8 revocable release of an adjudicated delinquent juvenile
9 committed to the Department of Juvenile Justice under the
10 supervision of the Department of Juvenile Justice.
11 (1.5) "Court" means the circuit court in a session or
12 division assigned to hear proceedings under this Act, and
13 includes the term Juvenile Court.
14 (2) "Community service" means uncompensated labor for
15 a community service agency as hereinafter defined.
16 (2.5) "Community service agency" means a
17 not-for-profit organization, community organization,
18 church, charitable organization, individual, public
19 office, or other public body whose purpose is to enhance
20 the physical or mental health of a delinquent minor or to
21 rehabilitate the minor, or to improve the environmental
22 quality or social welfare of the community which agrees to
23 accept community service from juvenile delinquents and to
24 report on the progress of the community service to the
25 State's Attorney pursuant to an agreement or to the court

HB5597- 1608 -LRB098 15874 AMC 50917 b
1 or to any agency designated by the court or to the
2 authorized diversion program that has referred the
3 delinquent minor for community service.
4 (3) "Delinquent minor" means any minor who prior to his
5 or her 18th birthday has violated or attempted to violate,
6 regardless of where the act occurred, any federal, State,
7 county or municipal law or ordinance.
8 (4) "Department" means the Department of Human
9 Services unless specifically referenced as another
10 department.
11 (5) "Detention" means the temporary care of a minor who
12 is alleged to be or has been adjudicated delinquent and who
13 requires secure custody for the minor's own protection or
14 the community's protection in a facility designed to
15 physically restrict the minor's movements, pending
16 disposition by the court or execution of an order of the
17 court for placement or commitment. Design features that
18 physically restrict movement include, but are not limited
19 to, locked rooms and the secure handcuffing of a minor to a
20 rail or other stationary object. In addition, "detention"
21 includes the court ordered care of an alleged or
22 adjudicated delinquent minor who requires secure custody
23 pursuant to Section 5-125 of this Act.
24 (6) "Diversion" means the referral of a juvenile,
25 without court intervention, into a program that provides
26 services designed to educate the juvenile and develop a

HB5597- 1609 -LRB098 15874 AMC 50917 b
1 productive and responsible approach to living in the
2 community.
3 (7) "Juvenile detention home" means a public facility
4 with specially trained staff that conforms to the county
5 juvenile detention standards promulgated by the Department
6 of Corrections.
7 (8) "Juvenile justice continuum" means a set of
8 delinquency prevention programs and services designed for
9 the purpose of preventing or reducing delinquent acts,
10 including criminal activity by youth gangs, as well as
11 intervention, rehabilitation, and prevention services
12 targeted at minors who have committed delinquent acts, and
13 minors who have previously been committed to residential
14 treatment programs for delinquents. The term includes
15 children-in-need-of-services and
16 families-in-need-of-services programs; aftercare and
17 reentry services; substance abuse and mental health
18 programs; community service programs; community service
19 work programs; and alternative-dispute resolution programs
20 serving youth-at-risk of delinquency and their families,
21 whether offered or delivered by State or local governmental
22 entities, public or private for-profit or not-for-profit
23 organizations, or religious or charitable organizations.
24 This term would also encompass any program or service
25 consistent with the purpose of those programs and services
26 enumerated in this subsection.

HB5597- 1610 -LRB098 15874 AMC 50917 b
1 (9) "Juvenile police officer" means a sworn police
2 officer who has completed a Basic Recruit Training Course,
3 has been assigned to the position of juvenile police
4 officer by his or her chief law enforcement officer and has
5 completed the necessary juvenile officers training as
6 prescribed by the Illinois Law Enforcement Training
7 Standards Board, or in the case of a State police officer,
8 juvenile officer training approved by the Director of State
9 Police.
10 (10) "Minor" means a person under the age of 21 years
11 subject to this Act.
12 (11) "Non-secure custody" means confinement where the
13 minor is not physically restricted by being placed in a
14 locked cell or room, by being handcuffed to a rail or other
15 stationary object, or by other means. Non-secure custody
16 may include, but is not limited to, electronic monitoring,
17 foster home placement, home confinement, group home
18 placement, or physical restriction of movement or activity
19 solely through facility staff.
20 (12) "Public or community service" means uncompensated
21 labor for a not-for-profit organization or public body
22 whose purpose is to enhance physical or mental stability of
23 the offender, environmental quality or the social welfare
24 and which agrees to accept public or community service from
25 offenders and to report on the progress of the offender and
26 the public or community service to the court or to the

HB5597- 1611 -LRB098 15874 AMC 50917 b
1 authorized diversion program that has referred the
2 offender for public or community service.
3 (13) "Sentencing hearing" means a hearing to determine
4 whether a minor should be adjudged a ward of the court, and
5 to determine what sentence should be imposed on the minor.
6 It is the intent of the General Assembly that the term
7 "sentencing hearing" replace the term "dispositional
8 hearing" and be synonymous with that definition as it was
9 used in the Juvenile Court Act of 1987.
10 (14) "Shelter" means the temporary care of a minor in
11 physically unrestricting facilities pending court
12 disposition or execution of court order for placement.
13 (15) "Site" means a not-for-profit organization,
14 public body, church, charitable organization, or
15 individual agreeing to accept community service from
16 offenders and to report on the progress of ordered or
17 required public or community service to the court or to the
18 authorized diversion program that has referred the
19 offender for public or community service.
20 (16) "Station adjustment" means the informal or formal
21 handling of an alleged offender by a juvenile police
22 officer.
23 (17) "Trial" means a hearing to determine whether the
24 allegations of a petition under Section 5-520 that a minor
25 is delinquent are proved beyond a reasonable doubt. It is
26 the intent of the General Assembly that the term "trial"

HB5597- 1612 -LRB098 15874 AMC 50917 b
1 replace the term "adjudicatory hearing" and be synonymous
2 with that definition as it was used in the Juvenile Court
3 Act of 1987.
4 The changes made to this Section by Public Act 98-61 this
5amendatory Act of the 98th General Assembly apply to violations
6or attempted violations committed on or after January 1, 2014
7(the effective date of Public Act 98-61) this amendatory Act.
8(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; revised
91-21-14.)
10 (705 ILCS 405/5-130)
11 Sec. 5-130. Excluded jurisdiction.
12 (1)(a) The definition of delinquent minor under Section
135-120 of this Article shall not apply to any minor who at the
14time of an offense was at least 15 years of age and who is
15charged with: (i) first degree murder, (ii) aggravated criminal
16sexual assault, (iii) aggravated battery with a firearm as
17described in Section 12-4.2 or subdivision (e)(1), (e)(2),
18(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
19discharged a firearm as defined in Section 2-15.5 of the
20Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed
21robbery when the armed robbery was committed with a firearm, or
22(v) aggravated vehicular hijacking when the hijacking was
23committed with a firearm.
24 These charges and all other charges arising out of the same
25incident shall be prosecuted under the criminal laws of this

HB5597- 1613 -LRB098 15874 AMC 50917 b
1State.
2 (b)(i) If before trial or plea an information or indictment
3is filed that does not charge an offense specified in paragraph
4(a) of this subsection (1) the State's Attorney may proceed on
5any lesser charge or charges, but only in Juvenile Court under
6the provisions of this Article. The State's Attorney may
7proceed on a lesser charge if before trial the minor defendant
8knowingly and with advice of counsel waives, in writing, his or
9her right to have the matter proceed in Juvenile Court.
10 (ii) If before trial or plea an information or indictment
11is filed that includes one or more charges specified in
12paragraph (a) of this subsection (1) and additional charges
13that are not specified in that paragraph, all of the charges
14arising out of the same incident shall be prosecuted under the
15Criminal Code of 1961 or the Criminal Code of 2012.
16 (c)(i) If after trial or plea the minor is convicted of any
17offense covered by paragraph (a) of this subsection (1), then,
18in sentencing the minor, the court shall have available any or
19all dispositions prescribed for that offense under Chapter V of
20the Unified Code of Corrections.
21 (ii) If after trial or plea the court finds that the minor
22committed an offense not covered by paragraph (a) of this
23subsection (1), that finding shall not invalidate the verdict
24or the prosecution of the minor under the criminal laws of the
25State; however, unless the State requests a hearing for the
26purpose of sentencing the minor under Chapter V of the Unified

HB5597- 1614 -LRB098 15874 AMC 50917 b
1Code of Corrections, the Court must proceed under Sections
25-705 and 5-710 of this Article. To request a hearing, the
3State must file a written motion within 10 days following the
4entry of a finding or the return of a verdict. Reasonable
5notice of the motion shall be given to the minor or his or her
6counsel. If the motion is made by the State, the court shall
7conduct a hearing to determine if the minor should be sentenced
8under Chapter V of the Unified Code of Corrections. In making
9its determination, the court shall consider among other
10matters: (a) whether there is evidence that the offense was
11committed in an aggressive and premeditated manner; (b) the age
12of the minor; (c) the previous history of the minor; (d)
13whether there are facilities particularly available to the
14Juvenile Court or the Department of Juvenile Justice for the
15treatment and rehabilitation of the minor; (e) whether the
16security of the public requires sentencing under Chapter V of
17the Unified Code of Corrections; and (f) whether the minor
18possessed a deadly weapon when committing the offense. The
19rules of evidence shall be the same as if at trial. If after
20the hearing the court finds that the minor should be sentenced
21under Chapter V of the Unified Code of Corrections, then the
22court shall sentence the minor accordingly having available to
23it any or all dispositions so prescribed.
24 (2) (Blank).
25 (3)(a) The definition of delinquent minor under Section
265-120 of this Article shall not apply to any minor who at the

HB5597- 1615 -LRB098 15874 AMC 50917 b
1time of the offense was at least 15 years of age and who is
2charged with a violation of the provisions of paragraph (1),
3(3), (4), or (10) of subsection (a) of Section 24-1 of the
4Criminal Code of 1961 or the Criminal Code of 2012 while in
5school, regardless of the time of day or the time of year, or
6on the real property comprising any school, regardless of the
7time of day or the time of year. School is defined, for
8purposes of this Section as any public or private elementary or
9secondary school, community college, college, or university.
10These charges and all other charges arising out of the same
11incident shall be prosecuted under the criminal laws of this
12State.
13 (b)(i) If before trial or plea an information or indictment
14is filed that does not charge an offense specified in paragraph
15(a) of this subsection (3) the State's Attorney may proceed on
16any lesser charge or charges, but only in Juvenile Court under
17the provisions of this Article. The State's Attorney may
18proceed under the criminal laws of this State on a lesser
19charge if before trial the minor defendant knowingly and with
20advice of counsel waives, in writing, his or her right to have
21the matter proceed in Juvenile Court.
22 (ii) If before trial or plea an information or indictment
23is filed that includes one or more charges specified in
24paragraph (a) of this subsection (3) and additional charges
25that are not specified in that paragraph, all of the charges
26arising out of the same incident shall be prosecuted under the

HB5597- 1616 -LRB098 15874 AMC 50917 b
1criminal laws of this State.
2 (c)(i) If after trial or plea the minor is convicted of any
3offense covered by paragraph (a) of this subsection (3), then,
4in sentencing the minor, the court shall have available any or
5all dispositions prescribed for that offense under Chapter V of
6the Unified Code of Corrections.
7 (ii) If after trial or plea the court finds that the minor
8committed an offense not covered by paragraph (a) of this
9subsection (3), that finding shall not invalidate the verdict
10or the prosecution of the minor under the criminal laws of the
11State; however, unless the State requests a hearing for the
12purpose of sentencing the minor under Chapter V of the Unified
13Code of Corrections, the Court must proceed under Sections
145-705 and 5-710 of this Article. To request a hearing, the
15State must file a written motion within 10 days following the
16entry of a finding or the return of a verdict. Reasonable
17notice of the motion shall be given to the minor or his or her
18counsel. If the motion is made by the State, the court shall
19conduct a hearing to determine if the minor should be sentenced
20under Chapter V of the Unified Code of Corrections. In making
21its determination, the court shall consider among other
22matters: (a) whether there is evidence that the offense was
23committed in an aggressive and premeditated manner; (b) the age
24of the minor; (c) the previous history of the minor; (d)
25whether there are facilities particularly available to the
26Juvenile Court or the Department of Juvenile Justice for the

HB5597- 1617 -LRB098 15874 AMC 50917 b
1treatment and rehabilitation of the minor; (e) whether the
2security of the public requires sentencing under Chapter V of
3the Unified Code of Corrections; and (f) whether the minor
4possessed a deadly weapon when committing the offense. The
5rules of evidence shall be the same as if at trial. If after
6the hearing the court finds that the minor should be sentenced
7under Chapter V of the Unified Code of Corrections, then the
8court shall sentence the minor accordingly having available to
9it any or all dispositions so prescribed.
10 (4)(a) The definition of delinquent minor under Section
115-120 of this Article shall not apply to any minor who at the
12time of an offense was at least 13 years of age and who is
13charged with first degree murder committed during the course of
14either aggravated criminal sexual assault, criminal sexual
15assault, or aggravated kidnaping. However, this subsection (4)
16does not include a minor charged with first degree murder based
17exclusively upon the accountability provisions of the Criminal
18Code of 1961 or the Criminal Code of 2012.
19 (b)(i) If before trial or plea an information or indictment
20is filed that does not charge first degree murder committed
21during the course of aggravated criminal sexual assault,
22criminal sexual assault, or aggravated kidnaping, the State's
23Attorney may proceed on any lesser charge or charges, but only
24in Juvenile Court under the provisions of this Article. The
25State's Attorney may proceed under the criminal laws of this
26State on a lesser charge if before trial the minor defendant

HB5597- 1618 -LRB098 15874 AMC 50917 b
1knowingly and with advice of counsel waives, in writing, his or
2her right to have the matter proceed in Juvenile Court.
3 (ii) If before trial or plea an information or indictment
4is filed that includes first degree murder committed during the
5course of aggravated criminal sexual assault, criminal sexual
6assault, or aggravated kidnaping, and additional charges that
7are not specified in paragraph (a) of this subsection, all of
8the charges arising out of the same incident shall be
9prosecuted under the criminal laws of this State.
10 (c)(i) If after trial or plea the minor is convicted of
11first degree murder committed during the course of aggravated
12criminal sexual assault, criminal sexual assault, or
13aggravated kidnaping, in sentencing the minor, the court shall
14have available any or all dispositions prescribed for that
15offense under Chapter V of the Unified Code of Corrections.
16 (ii) If the minor was not yet 15 years of age at the time of
17the offense, and if after trial or plea the court finds that
18the minor committed an offense other than first degree murder
19committed during the course of either aggravated criminal
20sexual assault, criminal sexual assault, or aggravated
21kidnapping, the finding shall not invalidate the verdict or the
22prosecution of the minor under the criminal laws of the State;
23however, unless the State requests a hearing for the purpose of
24sentencing the minor under Chapter V of the Unified Code of
25Corrections, the Court must proceed under Sections 5-705 and
265-710 of this Article. To request a hearing, the State must

HB5597- 1619 -LRB098 15874 AMC 50917 b
1file a written motion within 10 days following the entry of a
2finding or the return of a verdict. Reasonable notice of the
3motion shall be given to the minor or his or her counsel. If
4the motion is made by the State, the court shall conduct a
5hearing to determine whether the minor should be sentenced
6under Chapter V of the Unified Code of Corrections. In making
7its determination, the court shall consider among other
8matters: (a) whether there is evidence that the offense was
9committed in an aggressive and premeditated manner; (b) the age
10of the minor; (c) the previous delinquent history of the minor;
11(d) whether there are facilities particularly available to the
12Juvenile Court or the Department of Juvenile Justice for the
13treatment and rehabilitation of the minor; (e) whether the best
14interest of the minor and the security of the public require
15sentencing under Chapter V of the Unified Code of Corrections;
16and (f) whether the minor possessed a deadly weapon when
17committing the offense. The rules of evidence shall be the same
18as if at trial. If after the hearing the court finds that the
19minor should be sentenced under Chapter V of the Unified Code
20of Corrections, then the court shall sentence the minor
21accordingly having available to it any or all dispositions so
22prescribed.
23 (5)(a) The definition of delinquent minor under Section
245-120 of this Article shall not apply to any minor who is
25charged with a violation of subsection (a) of Section 31-6 or
26Section 32-10 of the Criminal Code of 1961 or the Criminal Code

HB5597- 1620 -LRB098 15874 AMC 50917 b
1of 2012 when the minor is subject to prosecution under the
2criminal laws of this State as a result of the application of
3the provisions of Section 5-125, or subsection (1) or (2) of
4this Section. These charges and all other charges arising out
5of the same incident shall be prosecuted under the criminal
6laws of this State.
7 (b)(i) If before trial or plea an information or indictment
8is filed that does not charge an offense specified in paragraph
9(a) of this subsection (5), the State's Attorney may proceed on
10any lesser charge or charges, but only in Juvenile Court under
11the provisions of this Article. The State's Attorney may
12proceed under the criminal laws of this State on a lesser
13charge if before trial the minor defendant knowingly and with
14advice of counsel waives, in writing, his or her right to have
15the matter proceed in Juvenile Court.
16 (ii) If before trial or plea an information or indictment
17is filed that includes one or more charges specified in
18paragraph (a) of this subsection (5) and additional charges
19that are not specified in that paragraph, all of the charges
20arising out of the same incident shall be prosecuted under the
21criminal laws of this State.
22 (c)(i) If after trial or plea the minor is convicted of any
23offense covered by paragraph (a) of this subsection (5), then,
24in sentencing the minor, the court shall have available any or
25all dispositions prescribed for that offense under Chapter V of
26the Unified Code of Corrections.

HB5597- 1621 -LRB098 15874 AMC 50917 b
1 (ii) If after trial or plea the court finds that the minor
2committed an offense not covered by paragraph (a) of this
3subsection (5), the conviction shall not invalidate the verdict
4or the prosecution of the minor under the criminal laws of this
5State; however, unless the State requests a hearing for the
6purpose of sentencing the minor under Chapter V of the Unified
7Code of Corrections, the Court must proceed under Sections
85-705 and 5-710 of this Article. To request a hearing, the
9State must file a written motion within 10 days following the
10entry of a finding or the return of a verdict. Reasonable
11notice of the motion shall be given to the minor or his or her
12counsel. If the motion is made by the State, the court shall
13conduct a hearing to determine if whether the minor should be
14sentenced under Chapter V of the Unified Code of Corrections.
15In making its determination, the court shall consider among
16other matters: (a) whether there is evidence that the offense
17was committed in an aggressive and premeditated manner; (b) the
18age of the minor; (c) the previous delinquent history of the
19minor; (d) whether there are facilities particularly available
20to the Juvenile Court or the Department of Juvenile Justice for
21the treatment and rehabilitation of the minor; (e) whether the
22security of the public requires sentencing under Chapter V of
23the Unified Code of Corrections; and (f) whether the minor
24possessed a deadly weapon when committing the offense. The
25rules of evidence shall be the same as if at trial. If after
26the hearing the court finds that the minor should be sentenced

HB5597- 1622 -LRB098 15874 AMC 50917 b
1under Chapter V of the Unified Code of Corrections, then the
2court shall sentence the minor accordingly having available to
3it any or all dispositions so prescribed.
4 (6) The definition of delinquent minor under Section 5-120
5of this Article shall not apply to any minor who, pursuant to
6subsection (1) or (3) or Section 5-805 or 5-810, has previously
7been placed under the jurisdiction of the criminal court and
8has been convicted of a crime under an adult criminal or penal
9statute. Such a minor shall be subject to prosecution under the
10criminal laws of this State.
11 (7) The procedures set out in this Article for the
12investigation, arrest and prosecution of juvenile offenders
13shall not apply to minors who are excluded from jurisdiction of
14the Juvenile Court, except that minors under 18 years of age
15shall be kept separate from confined adults.
16 (8) Nothing in this Act prohibits or limits the prosecution
17of any minor for an offense committed on or after his or her
1818th birthday even though he or she is at the time of the
19offense a ward of the court.
20 (9) If an original petition for adjudication of wardship
21alleges the commission by a minor 13 years of age or over of an
22act that constitutes a crime under the laws of this State, the
23minor, with the consent of his or her counsel, may, at any time
24before commencement of the adjudicatory hearing, file with the
25court a motion that criminal prosecution be ordered and that
26the petition be dismissed insofar as the act or acts involved

HB5597- 1623 -LRB098 15874 AMC 50917 b
1in the criminal proceedings are concerned. If such a motion is
2filed as herein provided, the court shall enter its order
3accordingly.
4 (10) If, prior to August 12, 2005 (the effective date of
5Public Act 94-574), a minor is charged with a violation of
6Section 401 of the Illinois Controlled Substances Act under the
7criminal laws of this State, other than a minor charged with a
8Class X felony violation of the Illinois Controlled Substances
9Act or the Methamphetamine Control and Community Protection
10Act, any party including the minor or the court sua sponte may,
11before trial, move for a hearing for the purpose of trying and
12sentencing the minor as a delinquent minor. To request a
13hearing, the party must file a motion prior to trial.
14Reasonable notice of the motion shall be given to all parties.
15On its own motion or upon the filing of a motion by one of the
16parties including the minor, the court shall conduct a hearing
17to determine whether the minor should be tried and sentenced as
18a delinquent minor under this Article. In making its
19determination, the court shall consider among other matters:
20 (a) The age of the minor;
21 (b) Any previous delinquent or criminal history of the
22 minor;
23 (c) Any previous abuse or neglect history of the minor;
24 (d) Any mental health or educational history of the
25 minor, or both; and
26 (e) Whether there is probable cause to support the

HB5597- 1624 -LRB098 15874 AMC 50917 b
1 charge, whether the minor is charged through
2 accountability, and whether there is evidence the minor
3 possessed a deadly weapon or caused serious bodily harm
4 during the offense.
5 Any material that is relevant and reliable shall be
6admissible at the hearing. In all cases, the judge shall enter
7an order permitting prosecution under the criminal laws of
8Illinois unless the judge makes a finding based on a
9preponderance of the evidence that the minor would be amenable
10to the care, treatment, and training programs available through
11the facilities of the juvenile court based on an evaluation of
12the factors listed in this subsection (10).
13 (11) The changes made to this Section by Public Act 98-61
14this amendatory Act of the 98th General Assembly apply to a
15minor who has been arrested or taken into custody on or after
16January 1, 2014 (the effective date of Public Act 98-61) this
17amendatory Act.
18(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
19revised 11-22-13.)
20 (705 ILCS 405/5-401.5)
21 Sec. 5-401.5. When statements by minor may be used.
22 (a) In this Section, "custodial interrogation" means any
23interrogation (i) during which a reasonable person in the
24subject's position would consider himself or herself to be in
25custody and (ii) during which a question is asked that is

HB5597- 1625 -LRB098 15874 AMC 50917 b
1reasonably likely to elicit an incriminating response.
2 In this Section, "electronic recording" includes motion
3picture, audiotape, videotape, or digital recording.
4 In this Section, "place of detention" means a building or a
5police station that is a place of operation for a municipal
6police department or county sheriff department or other law
7enforcement agency at which persons are or may be held in
8detention in connection with criminal charges against those
9persons or allegations that those persons are delinquent
10minors.
11 (b) An oral, written, or sign language statement of a minor
12who, at the time of the commission of the offense was under the
13age of 18 years, made as a result of a custodial interrogation
14conducted at a police station or other place of detention on or
15after the effective date of this amendatory Act of the 93rd
16General Assembly shall be presumed to be inadmissible as
17evidence against the minor in any criminal proceeding or
18juvenile court proceeding, for an act that if committed by an
19adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1,
209-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or the
21Criminal Code of 2012, or under clause (d)(1)(F) of Section
2211-501 of the Illinois Vehicle Code unless:
23 (1) an electronic recording is made of the custodial
24 interrogation; and
25 (2) the recording is substantially accurate and not
26 intentionally altered.

HB5597- 1626 -LRB098 15874 AMC 50917 b
1 (b-5) Under the following circumstances, an oral, written,
2or sign language statement of a minor who, at the time of the
3commission of the offense was under the age of 17 years, made
4as a result of a custodial interrogation conducted at a police
5station or other place of detention shall be presumed to be
6inadmissible as evidence against the minor, unless an
7electronic recording is made of the custodial interrogation and
8the recording is substantially accurate and not intentionally
9altered:
10 (1) in any criminal proceeding or juvenile court
11 proceeding, for an act that if committed by an adult would
12 be brought under Section 11-1.40 or 20-1.1 of the Criminal
13 Code of 1961 or the Criminal Code of 2012, if the custodial
14 interrogation was conducted on or after June 1, 2014;
15 (2) in any criminal proceeding or juvenile court
16 proceeding, for an act that if committed by an adult would
17 be brought under Section 10-2, 18-4, or 19-6 of the
18 Criminal Code of 1961 or the Criminal Code of 2012, if the
19 custodial interrogation was conducted on or after June 1,
20 2015; and
21 (3) in any criminal proceeding or juvenile court
22 proceeding, for an act that if committed by an adult would
23 be brought under Section 11-1.30 or 18-2 or subsection (e)
24 of Section 12-3.05 of the Criminal Code of 1961 or the
25 Criminal Code of 2012, if the custodial interrogation was
26 conducted on or after June 1, 2016.

HB5597- 1627 -LRB098 15874 AMC 50917 b
1 (b-10) If, during the course of an electronically recorded
2custodial interrogation conducted under this Section of a minor
3who, at the time of the commission of the offense was under the
4age of 17 years, the minor makes a statement that creates a
5reasonable suspicion to believe the minor has committed an act
6that if committed by an adult would be an offense other than an
7offense required to be recorded under subsection (b) or (b-5),
8the interrogators may, without the minor's consent, continue to
9record the interrogation as it relates to the other offense
10notwithstanding any provision of law to the contrary. Any oral,
11written, or sign language statement of a minor made as a result
12of an interrogation under this subsection shall be presumed to
13be inadmissible as evidence against the minor in any criminal
14proceeding or juvenile court proceeding, unless the recording
15is substantially accurate and not intentionally altered.
16 (c) Every electronic recording made under this Section must
17be preserved until such time as the minor's adjudication for
18any offense relating to the statement is final and all direct
19and habeas corpus appeals are exhausted, or the prosecution of
20such offenses is barred by law.
21 (d) If the court finds, by a preponderance of the evidence,
22that the minor was subjected to a custodial interrogation in
23violation of this Section, then any statements made by the
24minor during or following that non-recorded custodial
25interrogation, even if otherwise in compliance with this
26Section, are presumed to be inadmissible in any criminal

HB5597- 1628 -LRB098 15874 AMC 50917 b
1proceeding or juvenile court proceeding against the minor
2except for the purposes of impeachment.
3 (e) Nothing in this Section precludes the admission (i) of
4a statement made by the minor in open court in any criminal
5proceeding or juvenile court proceeding, before a grand jury,
6or at a preliminary hearing, (ii) of a statement made during a
7custodial interrogation that was not recorded as required by
8this Section because electronic recording was not feasible,
9(iii) of a voluntary statement, whether or not the result of a
10custodial interrogation, that has a bearing on the credibility
11of the accused as a witness, (iv) of a spontaneous statement
12that is not made in response to a question, (v) of a statement
13made after questioning that is routinely asked during the
14processing of the arrest of the suspect, (vi) of a statement
15made during a custodial interrogation by a suspect who
16requests, prior to making the statement, to respond to the
17interrogator's questions only if an electronic recording is not
18made of the statement, provided that an electronic recording is
19made of the statement of agreeing to respond to the
20interrogator's question, only if a recording is not made of the
21statement, (vii) of a statement made during a custodial
22interrogation that is conducted out-of-state, (viii) of a
23statement given in violation of subsection (b) at a time when
24the interrogators are unaware that a death has in fact
25occurred, (ix) of a statement given in violation of subsection
26(b-5) at a time when the interrogators are unaware of facts and

HB5597- 1629 -LRB098 15874 AMC 50917 b
1circumstances that would create probable cause to believe that
2the minor committed an act that if committed by an adult would
3be an offense required to be recorded under subsection (b-5),
4or (x) of any other statement that may be admissible under law.
5The State shall bear the burden of proving, by a preponderance
6of the evidence, that one of the exceptions described in this
7subsection (e) is applicable. Nothing in this Section precludes
8the admission of a statement, otherwise inadmissible under this
9Section, that is used only for impeachment and not as
10substantive evidence.
11 (f) The presumption of inadmissibility of a statement made
12by a suspect at a custodial interrogation at a police station
13or other place of detention may be overcome by a preponderance
14of the evidence that the statement was voluntarily given and is
15reliable, based on the totality of the circumstances.
16 (g) Any electronic recording of any statement made by a
17minor during a custodial interrogation that is compiled by any
18law enforcement agency as required by this Section for the
19purposes of fulfilling the requirements of this Section shall
20be confidential and exempt from public inspection and copying,
21as provided under Section 7 of the Freedom of Information Act,
22and the information shall not be transmitted to anyone except
23as needed to comply with this Section.
24 (h) A statement, admission, confession, or incriminating
25information made by or obtained from a minor related to the
26instant offense, as part of any behavioral health screening,

HB5597- 1630 -LRB098 15874 AMC 50917 b
1assessment, evaluation, or treatment, whether or not
2court-ordered, shall not be admissible as evidence against the
3minor on the issue of guilt only in the instant juvenile court
4proceeding. The provisions of this subsection (h) are in
5addition to and do not override any existing statutory and
6constitutional prohibition on the admission into evidence in
7delinquency proceedings of information obtained during
8screening, assessment, or treatment.
9 (i) The changes made to this Section by Public Act 98-61
10this amendatory Act of the 98th General Assembly apply to
11statements of a minor made on or after January 1, 2014 (the
12effective date of Public Act 98-61) this amendatory Act.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
1498-547, eff. 1-1-14; revised 9-24-13.)
15 (705 ILCS 405/5-410)
16 Sec. 5-410. Non-secure custody or detention.
17 (1) Any minor arrested or taken into custody pursuant to
18this Act who requires care away from his or her home but who
19does not require physical restriction shall be given temporary
20care in a foster family home or other shelter facility
21designated by the court.
22 (2) (a) Any minor 10 years of age or older arrested
23pursuant to this Act where there is probable cause to believe
24that the minor is a delinquent minor and that (i) secured
25custody is a matter of immediate and urgent necessity for the

HB5597- 1631 -LRB098 15874 AMC 50917 b
1protection of the minor or of the person or property of
2another, (ii) the minor is likely to flee the jurisdiction of
3the court, or (iii) the minor was taken into custody under a
4warrant, may be kept or detained in an authorized detention
5facility. No minor under 12 years of age shall be detained in a
6county jail or a municipal lockup for more than 6 hours.
7 (b) The written authorization of the probation officer or
8detention officer (or other public officer designated by the
9court in a county having 3,000,000 or more inhabitants)
10constitutes authority for the superintendent of any juvenile
11detention home to detain and keep a minor for up to 40 hours,
12excluding Saturdays, Sundays and court-designated holidays.
13These records shall be available to the same persons and
14pursuant to the same conditions as are law enforcement records
15as provided in Section 5-905.
16 (b-4) The consultation required by subsection (b-5) shall
17not be applicable if the probation officer or detention officer
18(or other public officer designated by the court in a county
19having 3,000,000 or more inhabitants) utilizes a scorable
20detention screening instrument, which has been developed with
21input by the State's Attorney, to determine whether a minor
22should be detained, however, subsection (b-5) shall still be
23applicable where no such screening instrument is used or where
24the probation officer, detention officer (or other public
25officer designated by the court in a county having 3,000,000 or
26more inhabitants) deviates from the screening instrument.

HB5597- 1632 -LRB098 15874 AMC 50917 b
1 (b-5) Subject to the provisions of subsection (b-4), if a
2probation officer or detention officer (or other public officer
3designated by the court in a county having 3,000,000 or more
4inhabitants) does not intend to detain a minor for an offense
5which constitutes one of the following offenses he or she shall
6consult with the State's Attorney's Office prior to the release
7of the minor: first degree murder, second degree murder,
8involuntary manslaughter, criminal sexual assault, aggravated
9criminal sexual assault, aggravated battery with a firearm as
10described in Section 12-4.2 or subdivision (e)(1), (e)(2),
11(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
12battery involving permanent disability or disfigurement or
13great bodily harm, robbery, aggravated robbery, armed robbery,
14vehicular hijacking, aggravated vehicular hijacking, vehicular
15invasion, arson, aggravated arson, kidnapping, aggravated
16kidnapping, home invasion, burglary, or residential burglary.
17 (c) Except as otherwise provided in paragraph (a), (d), or
18(e), no minor shall be detained in a county jail or municipal
19lockup for more than 12 hours, unless the offense is a crime of
20violence in which case the minor may be detained up to 24
21hours. For the purpose of this paragraph, "crime of violence"
22has the meaning ascribed to it in Section 1-10 of the
23Alcoholism and Other Drug Abuse and Dependency Act.
24 (i) The period of detention is deemed to have begun
25 once the minor has been placed in a locked room or cell or
26 handcuffed to a stationary object in a building housing a

HB5597- 1633 -LRB098 15874 AMC 50917 b
1 county jail or municipal lockup. Time spent transporting a
2 minor is not considered to be time in detention or secure
3 custody.
4 (ii) Any minor so confined shall be under periodic
5 supervision and shall not be permitted to come into or
6 remain in contact with adults in custody in the building.
7 (iii) Upon placement in secure custody in a jail or
8 lockup, the minor shall be informed of the purpose of the
9 detention, the time it is expected to last and the fact
10 that it cannot exceed the time specified under this Act.
11 (iv) A log shall be kept which shows the offense which
12 is the basis for the detention, the reasons and
13 circumstances for the decision to detain and the length of
14 time the minor was in detention.
15 (v) Violation of the time limit on detention in a
16 county jail or municipal lockup shall not, in and of
17 itself, render inadmissible evidence obtained as a result
18 of the violation of this time limit. Minors under 18 years
19 of age shall be kept separate from confined adults and may
20 not at any time be kept in the same cell, room or yard with
21 adults confined pursuant to criminal law. Persons 18 years
22 of age and older who have a petition of delinquency filed
23 against them may be confined in an adult detention
24 facility. In making a determination whether to confine a
25 person 18 years of age or older who has a petition of
26 delinquency filed against the person, these factors, among

HB5597- 1634 -LRB098 15874 AMC 50917 b
1 other matters, shall be considered:
2 (A) The age of the person;
3 (B) Any previous delinquent or criminal history of
4 the person;
5 (C) Any previous abuse or neglect history of the
6 person; and
7 (D) Any mental health or educational history of the
8 person, or both.
9 (d) (i) If a minor 12 years of age or older is confined in a
10county jail in a county with a population below 3,000,000
11inhabitants, then the minor's confinement shall be implemented
12in such a manner that there will be no contact by sight, sound
13or otherwise between the minor and adult prisoners. Minors 12
14years of age or older must be kept separate from confined
15adults and may not at any time be kept in the same cell, room,
16or yard with confined adults. This paragraph (d)(i) shall only
17apply to confinement pending an adjudicatory hearing and shall
18not exceed 40 hours, excluding Saturdays, Sundays and court
19designated holidays. To accept or hold minors during this time
20period, county jails shall comply with all monitoring standards
21promulgated by the Department of Corrections and training
22standards approved by the Illinois Law Enforcement Training
23Standards Board.
24 (ii) To accept or hold minors, 12 years of age or older,
25after the time period prescribed in paragraph (d)(i) of this
26subsection (2) of this Section but not exceeding 7 days

HB5597- 1635 -LRB098 15874 AMC 50917 b
1including Saturdays, Sundays and holidays pending an
2adjudicatory hearing, county jails shall comply with all
3temporary detention standards promulgated by the Department of
4Corrections and training standards approved by the Illinois Law
5Enforcement Training Standards Board.
6 (iii) To accept or hold minors 12 years of age or older,
7after the time period prescribed in paragraphs (d)(i) and
8(d)(ii) of this subsection (2) of this Section, county jails
9shall comply with all programmatic and training standards for
10juvenile detention homes promulgated by the Department of
11Corrections.
12 (e) When a minor who is at least 15 years of age is
13prosecuted under the criminal laws of this State, the court may
14enter an order directing that the juvenile be confined in the
15county jail. However, any juvenile confined in the county jail
16under this provision shall be separated from adults who are
17confined in the county jail in such a manner that there will be
18no contact by sight, sound or otherwise between the juvenile
19and adult prisoners.
20 (f) For purposes of appearing in a physical lineup, the
21minor may be taken to a county jail or municipal lockup under
22the direct and constant supervision of a juvenile police
23officer. During such time as is necessary to conduct a lineup,
24and while supervised by a juvenile police officer, the sight
25and sound separation provisions shall not apply.
26 (g) For purposes of processing a minor, the minor may be

HB5597- 1636 -LRB098 15874 AMC 50917 b
1taken to a County Jail or municipal lockup under the direct and
2constant supervision of a law enforcement officer or
3correctional officer. During such time as is necessary to
4process the minor, and while supervised by a law enforcement
5officer or correctional officer, the sight and sound separation
6provisions shall not apply.
7 (3) If the probation officer or State's Attorney (or such
8other public officer designated by the court in a county having
93,000,000 or more inhabitants) determines that the minor may be
10a delinquent minor as described in subsection (3) of Section
115-105, and should be retained in custody but does not require
12physical restriction, the minor may be placed in non-secure
13custody for up to 40 hours pending a detention hearing.
14 (4) Any minor taken into temporary custody, not requiring
15secure detention, may, however, be detained in the home of his
16or her parent or guardian subject to such conditions as the
17court may impose.
18 (5) The changes made to this Section by Public Act 98-61
19this amendatory Act of the 98th General Assembly apply to a
20minor who has been arrested or taken into custody on or after
21January 1, 2014 (the effective date of Public Act 98-61) this
22amendatory Act.
23(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
24 (705 ILCS 405/5-901)
25 Sec. 5-901. Court file.

HB5597- 1637 -LRB098 15874 AMC 50917 b
1 (1) The Court file with respect to proceedings under this
2Article shall consist of the petitions, pleadings, victim
3impact statements, process, service of process, orders, writs
4and docket entries reflecting hearings held and judgments and
5decrees entered by the court. The court file shall be kept
6separate from other records of the court.
7 (a) The file, including information identifying the
8 victim or alleged victim of any sex offense, shall be
9 disclosed only to the following parties when necessary for
10 discharge of their official duties:
11 (i) A judge of the circuit court and members of the
12 staff of the court designated by the judge;
13 (ii) Parties to the proceedings and their
14 attorneys;
15 (iii) Victims and their attorneys, except in cases
16 of multiple victims of sex offenses in which case the
17 information identifying the nonrequesting victims
18 shall be redacted;
19 (iv) Probation officers, law enforcement officers
20 or prosecutors or their staff;
21 (v) Adult and juvenile Prisoner Review Boards.
22 (b) The Court file redacted to remove any information
23 identifying the victim or alleged victim of any sex offense
24 shall be disclosed only to the following parties when
25 necessary for discharge of their official duties:
26 (i) Authorized military personnel;

HB5597- 1638 -LRB098 15874 AMC 50917 b
1 (ii) Persons engaged in bona fide research, with
2 the permission of the judge of the juvenile court and
3 the chief executive of the agency that prepared the
4 particular recording: provided that publication of
5 such research results in no disclosure of a minor's
6 identity and protects the confidentiality of the
7 record;
8 (iii) The Secretary of State to whom the Clerk of
9 the Court shall report the disposition of all cases, as
10 required in Section 6-204 or Section 6-205.1 of the
11 Illinois Vehicle Code. However, information reported
12 relative to these offenses shall be privileged and
13 available only to the Secretary of State, courts, and
14 police officers;
15 (iv) The administrator of a bonafide substance
16 abuse student assistance program with the permission
17 of the presiding judge of the juvenile court;
18 (v) Any individual, or any public or private agency
19 or institution, having custody of the juvenile under
20 court order or providing educational, medical or
21 mental health services to the juvenile or a
22 court-approved advocate for the juvenile or any
23 placement provider or potential placement provider as
24 determined by the court.
25 (3) A minor who is the victim or alleged victim in a
26juvenile proceeding shall be provided the same confidentiality

HB5597- 1639 -LRB098 15874 AMC 50917 b
1regarding disclosure of identity as the minor who is the
2subject of record. Information identifying victims and alleged
3victims of sex offenses, shall not be disclosed or open to
4public inspection under any circumstances. Nothing in this
5Section shall prohibit the victim or alleged victim of any sex
6offense from voluntarily disclosing his or her identity.
7 (4) Relevant information, reports and records shall be made
8available to the Department of Juvenile Justice when a juvenile
9offender has been placed in the custody of the Department of
10Juvenile Justice.
11 (5) Except as otherwise provided in this subsection (5),
12juvenile court records shall not be made available to the
13general public but may be inspected by representatives of
14agencies, associations and news media or other properly
15interested persons by general or special order of the court.
16The State's Attorney, the minor, his or her parents, guardian
17and counsel shall at all times have the right to examine court
18files and records.
19 (a) The court shall allow the general public to have
20 access to the name, address, and offense of a minor who is
21 adjudicated a delinquent minor under this Act under either
22 of the following circumstances:
23 (i) The adjudication of delinquency was based upon
24 the minor's commission of first degree murder, attempt
25 to commit first degree murder, aggravated criminal
26 sexual assault, or criminal sexual assault; or

HB5597- 1640 -LRB098 15874 AMC 50917 b
1 (ii) The court has made a finding that the minor
2 was at least 13 years of age at the time the act was
3 committed and the adjudication of delinquency was
4 based upon the minor's commission of: (A) an act in
5 furtherance of the commission of a felony as a member
6 of or on behalf of a criminal street gang, (B) an act
7 involving the use of a firearm in the commission of a
8 felony, (C) an act that would be a Class X felony
9 offense under or the minor's second or subsequent Class
10 2 or greater felony offense under the Cannabis Control
11 Act if committed by an adult, (D) an act that would be
12 a second or subsequent offense under Section 402 of the
13 Illinois Controlled Substances Act if committed by an
14 adult, (E) an act that would be an offense under
15 Section 401 of the Illinois Controlled Substances Act
16 if committed by an adult, or (F) an act that would be
17 an offense under the Methamphetamine Control and
18 Community Protection Act if committed by an adult.
19 (b) The court shall allow the general public to have
20 access to the name, address, and offense of a minor who is
21 at least 13 years of age at the time the offense is
22 committed and who is convicted, in criminal proceedings
23 permitted or required under Section 5-805, under either of
24 the following circumstances:
25 (i) The minor has been convicted of first degree
26 murder, attempt to commit first degree murder,

HB5597- 1641 -LRB098 15874 AMC 50917 b
1 aggravated criminal sexual assault, or criminal sexual
2 assault,
3 (ii) The court has made a finding that the minor
4 was at least 13 years of age at the time the offense
5 was committed and the conviction was based upon the
6 minor's commission of: (A) an offense in furtherance of
7 the commission of a felony as a member of or on behalf
8 of a criminal street gang, (B) an offense involving the
9 use of a firearm in the commission of a felony, (C) a
10 Class X felony offense under the Cannabis Control Act
11 or a second or subsequent Class 2 or greater felony
12 offense under the Cannabis Control Act, (D) a second or
13 subsequent offense under Section 402 of the Illinois
14 Controlled Substances Act, (E) an offense under
15 Section 401 of the Illinois Controlled Substances Act,
16 or (F) an offense under the Methamphetamine Control and
17 Community Protection Act.
18 (6) Nothing in this Section shall be construed to limit the
19use of a adjudication of delinquency as evidence in any
20juvenile or criminal proceeding, where it would otherwise be
21admissible under the rules of evidence, including but not
22limited to, use as impeachment evidence against any witness,
23including the minor if he or she testifies.
24 (7) Nothing in this Section shall affect the right of a
25Civil Service Commission or appointing authority examining the
26character and fitness of an applicant for a position as a law

HB5597- 1642 -LRB098 15874 AMC 50917 b
1enforcement officer to ascertain whether that applicant was
2ever adjudicated to be a delinquent minor and, if so, to
3examine the records or evidence which were made in proceedings
4under this Act.
5 (8) Following any adjudication of delinquency for a crime
6which would be a felony if committed by an adult, or following
7any adjudication of delinquency for a violation of Section
824-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the State's Attorney shall ascertain
10whether the minor respondent is enrolled in school and, if so,
11shall provide a copy of the sentencing order to the principal
12or chief administrative officer of the school. Access to such
13juvenile records shall be limited to the principal or chief
14administrative officer of the school and any guidance counselor
15designated by him or her.
16 (9) Nothing contained in this Act prevents the sharing or
17disclosure of information or records relating or pertaining to
18juveniles subject to the provisions of the Serious Habitual
19Offender Comprehensive Action Program when that information is
20used to assist in the early identification and treatment of
21habitual juvenile offenders.
22 (11) The Clerk of the Circuit Court shall report to the
23Department of State Police, in the form and manner required by
24the Department of State Police, the final disposition of each
25minor who has been arrested or taken into custody before his or
26her 18th birthday for those offenses required to be reported

HB5597- 1643 -LRB098 15874 AMC 50917 b
1under Section 5 of the Criminal Identification Act. Information
2reported to the Department under this Section may be maintained
3with records that the Department files under Section 2.1 of the
4Criminal Identification Act.
5 (12) Information or records may be disclosed to the general
6public when the court is conducting hearings under Section
75-805 or 5-810.
8 (13) The changes made to this Section by Public Act 98-61
9this amendatory Act of the 98th General Assembly apply to
10juvenile court records of a minor who has been arrested or
11taken into custody on or after January 1, 2014 (the effective
12date of Public Act 98-61) this amendatory Act.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
14revised 11-22-13.)
15 (705 ILCS 405/5-905)
16 Sec. 5-905. Law enforcement records.
17 (1) Law Enforcement Records. Inspection and copying of law
18enforcement records maintained by law enforcement agencies
19that relate to a minor who has been arrested or taken into
20custody before his or her 18th birthday shall be restricted to
21the following and when necessary for the discharge of their
22official duties:
23 (a) A judge of the circuit court and members of the
24 staff of the court designated by the judge;
25 (b) Law enforcement officers, probation officers or

HB5597- 1644 -LRB098 15874 AMC 50917 b
1 prosecutors or their staff, or, when necessary for the
2 discharge of its official duties in connection with a
3 particular investigation of the conduct of a law
4 enforcement officer, an independent agency or its staff
5 created by ordinance and charged by a unit of local
6 government with the duty of investigating the conduct of
7 law enforcement officers;
8 (c) The minor, the minor's parents or legal guardian
9 and their attorneys, but only when the juvenile has been
10 charged with an offense;
11 (d) Adult and Juvenile Prisoner Review Boards;
12 (e) Authorized military personnel;
13 (f) Persons engaged in bona fide research, with the
14 permission of the judge of juvenile court and the chief
15 executive of the agency that prepared the particular
16 recording: provided that publication of such research
17 results in no disclosure of a minor's identity and protects
18 the confidentiality of the record;
19 (g) Individuals responsible for supervising or
20 providing temporary or permanent care and custody of minors
21 pursuant to orders of the juvenile court or directives from
22 officials of the Department of Children and Family Services
23 or the Department of Human Services who certify in writing
24 that the information will not be disclosed to any other
25 party except as provided under law or order of court;
26 (h) The appropriate school official only if the agency

HB5597- 1645 -LRB098 15874 AMC 50917 b
1 or officer believes that there is an imminent threat of
2 physical harm to students, school personnel, or others who
3 are present in the school or on school grounds.
4 (A) Inspection and copying shall be limited to law
5 enforcement records transmitted to the appropriate
6 school official or officials whom the school has
7 determined to have a legitimate educational or safety
8 interest by a local law enforcement agency under a
9 reciprocal reporting system established and maintained
10 between the school district and the local law
11 enforcement agency under Section 10-20.14 of the
12 School Code concerning a minor enrolled in a school
13 within the school district who has been arrested or
14 taken into custody for any of the following offenses:
15 (i) any violation of Article 24 of the Criminal
16 Code of 1961 or the Criminal Code of 2012;
17 (ii) a violation of the Illinois Controlled
18 Substances Act;
19 (iii) a violation of the Cannabis Control Act;
20 (iv) a forcible felony as defined in Section
21 2-8 of the Criminal Code of 1961 or the Criminal
22 Code of 2012;
23 (v) a violation of the Methamphetamine Control
24 and Community Protection Act;
25 (vi) a violation of Section 1-2 of the
26 Harassing and Obscene Communications Act;

HB5597- 1646 -LRB098 15874 AMC 50917 b
1 (vii) a violation of the Hazing Act; or
2 (viii) a violation of Section 12-1, 12-2,
3 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
4 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
5 Criminal Code of 1961 or the Criminal Code of 2012.
6 The information derived from the law enforcement
7 records shall be kept separate from and shall not
8 become a part of the official school record of that
9 child and shall not be a public record. The information
10 shall be used solely by the appropriate school official
11 or officials whom the school has determined to have a
12 legitimate educational or safety interest to aid in the
13 proper rehabilitation of the child and to protect the
14 safety of students and employees in the school. If the
15 designated law enforcement and school officials deem
16 it to be in the best interest of the minor, the student
17 may be referred to in-school or community based social
18 services if those services are available.
19 "Rehabilitation services" may include interventions by
20 school support personnel, evaluation for eligibility
21 for special education, referrals to community-based
22 agencies such as youth services, behavioral healthcare
23 service providers, drug and alcohol prevention or
24 treatment programs, and other interventions as deemed
25 appropriate for the student.
26 (B) Any information provided to appropriate school

HB5597- 1647 -LRB098 15874 AMC 50917 b
1 officials whom the school has determined to have a
2 legitimate educational or safety interest by local law
3 enforcement officials about a minor who is the subject
4 of a current police investigation that is directly
5 related to school safety shall consist of oral
6 information only, and not written law enforcement
7 records, and shall be used solely by the appropriate
8 school official or officials to protect the safety of
9 students and employees in the school and aid in the
10 proper rehabilitation of the child. The information
11 derived orally from the local law enforcement
12 officials shall be kept separate from and shall not
13 become a part of the official school record of the
14 child and shall not be a public record. This limitation
15 on the use of information about a minor who is the
16 subject of a current police investigation shall in no
17 way limit the use of this information by prosecutors in
18 pursuing criminal charges arising out of the
19 information disclosed during a police investigation of
20 the minor. For purposes of this paragraph,
21 "investigation" means an official systematic inquiry
22 by a law enforcement agency into actual or suspected
23 criminal activity;
24 (i) The president of a park district. Inspection and
25 copying shall be limited to law enforcement records
26 transmitted to the president of the park district by the

HB5597- 1648 -LRB098 15874 AMC 50917 b
1 Illinois State Police under Section 8-23 of the Park
2 District Code or Section 16a-5 of the Chicago Park District
3 Act concerning a person who is seeking employment with that
4 park district and who has been adjudicated a juvenile
5 delinquent for any of the offenses listed in subsection (c)
6 of Section 8-23 of the Park District Code or subsection (c)
7 of Section 16a-5 of the Chicago Park District Act.
8 (2) Information identifying victims and alleged victims of
9sex offenses, shall not be disclosed or open to public
10inspection under any circumstances. Nothing in this Section
11shall prohibit the victim or alleged victim of any sex offense
12from voluntarily disclosing his or her identity.
13 (2.5) If the minor is a victim of aggravated battery,
14battery, attempted first degree murder, or other non-sexual
15violent offense, the identity of the victim may be disclosed to
16appropriate school officials, for the purpose of preventing
17foreseeable future violence involving minors, by a local law
18enforcement agency pursuant to an agreement established
19between the school district and a local law enforcement agency
20subject to the approval by the presiding judge of the juvenile
21court.
22 (3) Relevant information, reports and records shall be made
23available to the Department of Juvenile Justice when a juvenile
24offender has been placed in the custody of the Department of
25Juvenile Justice.
26 (4) Nothing in this Section shall prohibit the inspection

HB5597- 1649 -LRB098 15874 AMC 50917 b
1or disclosure to victims and witnesses of photographs contained
2in the records of law enforcement agencies when the inspection
3or disclosure is conducted in the presence of a law enforcement
4officer for purposes of identification or apprehension of any
5person in the course of any criminal investigation or
6prosecution.
7 (5) The records of law enforcement officers, or of an
8independent agency created by ordinance and charged by a unit
9of local government with the duty of investigating the conduct
10of law enforcement officers, concerning all minors under 18
11years of age must be maintained separate from the records of
12adults and may not be open to public inspection or their
13contents disclosed to the public except by order of the court
14or when the institution of criminal proceedings has been
15permitted under Section 5-130 or 5-805 or required under
16Section 5-130 or 5-805 or such a person has been convicted of a
17crime and is the subject of pre-sentence investigation or when
18provided by law.
19 (6) Except as otherwise provided in this subsection (6),
20law enforcement officers, and personnel of an independent
21agency created by ordinance and charged by a unit of local
22government with the duty of investigating the conduct of law
23enforcement officers, may not disclose the identity of any
24minor in releasing information to the general public as to the
25arrest, investigation or disposition of any case involving a
26minor. Any victim or parent or legal guardian of a victim may

HB5597- 1650 -LRB098 15874 AMC 50917 b
1petition the court to disclose the name and address of the
2minor and the minor's parents or legal guardian, or both. Upon
3a finding by clear and convincing evidence that the disclosure
4is either necessary for the victim to pursue a civil remedy
5against the minor or the minor's parents or legal guardian, or
6both, or to protect the victim's person or property from the
7minor, then the court may order the disclosure of the
8information to the victim or to the parent or legal guardian of
9the victim only for the purpose of the victim pursuing a civil
10remedy against the minor or the minor's parents or legal
11guardian, or both, or to protect the victim's person or
12property from the minor.
13 (7) Nothing contained in this Section shall prohibit law
14enforcement agencies when acting in their official capacity
15from communicating with each other by letter, memorandum,
16teletype or intelligence alert bulletin or other means the
17identity or other relevant information pertaining to a person
18under 18 years of age. The information provided under this
19subsection (7) shall remain confidential and shall not be
20publicly disclosed, except as otherwise allowed by law.
21 (8) No person shall disclose information under this Section
22except when acting in his or her official capacity and as
23provided by law or order of court.
24 (9) The changes made to this Section by Public Act 98-61
25this amendatory Act of the 98th General Assembly apply to law
26enforcement records of a minor who has been arrested or taken

HB5597- 1651 -LRB098 15874 AMC 50917 b
1into custody on or after January 1, 2014 (the effective date of
2Public Act 98-61) this amendatory Act.
3(Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;
497-1150, eff. 1-25-13; 98-61, eff. 1-1-14; revised 11-22-13.)
5 (705 ILCS 405/5-915)
6 Sec. 5-915. Expungement of juvenile law enforcement and
7court records.
8 (0.05) For purposes of this Section and Section 5-622:
9 "Expunge" means to physically destroy the records and
10 to obliterate the minor's name from any official index or
11 public record, or both. Nothing in this Act shall require
12 the physical destruction of the internal office records,
13 files, or databases maintained by a State's Attorney's
14 Office or other prosecutor.
15 "Law enforcement record" includes but is not limited to
16 records of arrest, station adjustments, fingerprints,
17 probation adjustments, the issuance of a notice to appear,
18 or any other records maintained by a law enforcement agency
19 relating to a minor suspected of committing an offense.
20 (1) Whenever any person has attained the age of 18 or
21whenever all juvenile court proceedings relating to that person
22have been terminated, whichever is later, the person may
23petition the court to expunge law enforcement records relating
24to incidents occurring before his or her 18th birthday or his
25or her juvenile court records, or both, but only in the

HB5597- 1652 -LRB098 15874 AMC 50917 b
1following circumstances:
2 (a) the minor was arrested and no petition for
3 delinquency was filed with the clerk of the circuit court;
4 or
5 (b) the minor was charged with an offense and was found
6 not delinquent of that offense; or
7 (c) the minor was placed under supervision pursuant to
8 Section 5-615, and the order of supervision has since been
9 successfully terminated; or
10 (d) the minor was adjudicated for an offense which
11 would be a Class B misdemeanor, Class C misdemeanor, or a
12 petty or business offense if committed by an adult.
13 (2) Any person may petition the court to expunge all law
14enforcement records relating to any incidents occurring before
15his or her 18th birthday which did not result in proceedings in
16criminal court and all juvenile court records with respect to
17any adjudications except those based upon first degree murder
18and sex offenses which would be felonies if committed by an
19adult, if the person for whom expungement is sought has had no
20convictions for any crime since his or her 18th birthday and:
21 (a) has attained the age of 21 years; or
22 (b) 5 years have elapsed since all juvenile court
23 proceedings relating to him or her have been terminated or
24 his or her commitment to the Department of Juvenile Justice
25 pursuant to this Act has been terminated;
26whichever is later of (a) or (b). Nothing in this Section 5-915

HB5597- 1653 -LRB098 15874 AMC 50917 b
1precludes a minor from obtaining expungement under Section
25-622.
3 (2.5) If a minor is arrested and no petition for
4delinquency is filed with the clerk of the circuit court as
5provided in paragraph (a) of subsection (1) at the time the
6minor is released from custody, the youth officer, if
7applicable, or other designated person from the arresting
8agency, shall notify verbally and in writing to the minor or
9the minor's parents or guardians that if the State's Attorney
10does not file a petition for delinquency, the minor has a right
11to petition to have his or her arrest record expunged when the
12minor attains the age of 18 or when all juvenile court
13proceedings relating to that minor have been terminated and
14that unless a petition to expunge is filed, the minor shall
15have an arrest record and shall provide the minor and the
16minor's parents or guardians with an expungement information
17packet, including a petition to expunge juvenile records
18obtained from the clerk of the circuit court.
19 (2.6) If a minor is charged with an offense and is found
20not delinquent of that offense; or if a minor is placed under
21supervision under Section 5-615, and the order of supervision
22is successfully terminated; or if a minor is adjudicated for an
23offense that would be a Class B misdemeanor, a Class C
24misdemeanor, or a business or petty offense if committed by an
25adult; or if a minor has incidents occurring before his or her
2618th birthday that have not resulted in proceedings in criminal

HB5597- 1654 -LRB098 15874 AMC 50917 b
1court, or resulted in proceedings in juvenile court, and the
2adjudications were not based upon first degree murder or sex
3offenses that would be felonies if committed by an adult; then
4at the time of sentencing or dismissal of the case, the judge
5shall inform the delinquent minor of his or her right to
6petition for expungement as provided by law, and the clerk of
7the circuit court shall provide an expungement information
8packet to the delinquent minor, written in plain language,
9including a petition for expungement, a sample of a completed
10petition, expungement instructions that shall include
11information informing the minor that (i) once the case is
12expunged, it shall be treated as if it never occurred, (ii) he
13or she may apply to have petition fees waived, (iii) once he or
14she obtains an expungement, he or she may not be required to
15disclose that he or she had a juvenile record, and (iv) he or
16she may file the petition on his or her own or with the
17assistance of an attorney. The failure of the judge to inform
18the delinquent minor of his or her right to petition for
19expungement as provided by law does not create a substantive
20right, nor is that failure grounds for: (i) a reversal of an
21adjudication of delinquency, (ii) a new trial; or (iii) an
22appeal.
23 (2.7) For counties with a population over 3,000,000, the
24clerk of the circuit court shall send a "Notification of a
25Possible Right to Expungement" post card to the minor at the
26address last received by the clerk of the circuit court on the

HB5597- 1655 -LRB098 15874 AMC 50917 b
1date that the minor attains the age of 18 based on the
2birthdate provided to the court by the minor or his or her
3guardian in cases under paragraphs (b), (c), and (d) of
4subsection (1); and when the minor attains the age of 21 based
5on the birthdate provided to the court by the minor or his or
6her guardian in cases under subsection (2).
7 (2.8) The petition for expungement for subsection (1) shall
8be substantially in the following form:
9
IN THE CIRCUIT COURT OF ......, ILLINOIS
10
........ JUDICIAL CIRCUIT
11IN THE INTEREST OF ) NO.
12 )
13 )
14...................)
15(Name of Petitioner)
16
PETITION TO EXPUNGE JUVENILE RECORDS
17
(705 ILCS 405/5-915 (SUBSECTION 1))
18
(Please prepare a separate petition for each offense)
19Now comes ............., petitioner, and respectfully requests
20that this Honorable Court enter an order expunging all juvenile
21law enforcement and court records of petitioner and in support
22thereof states that: Petitioner has attained the age of 18,
23his/her birth date being ......, or all Juvenile Court
24proceedings terminated as of ......, whichever occurred later.

HB5597- 1656 -LRB098 15874 AMC 50917 b
1Petitioner was arrested on ..... by the ....... Police
2Department for the offense of ......., and:
3(Check One:)
4( ) a. no petition was filed with the Clerk of the Circuit
5Court.
6( ) b. was charged with ...... and was found not delinquent of
7the offense.
8( ) c. a petition was filed and the petition was dismissed
9without a finding of delinquency on .....
10( ) d. on ....... placed under supervision pursuant to Section
115-615 of the Juvenile Court Act of 1987 and such order of
12supervision successfully terminated on ........
13( ) e. was adjudicated for the offense, which would have been a
14Class B misdemeanor, a Class C misdemeanor, or a petty offense
15or business offense if committed by an adult.
16Petitioner .... has .... has not been arrested on charges in
17this or any county other than the charges listed above. If
18petitioner has been arrested on additional charges, please list
19the charges below:
20Charge(s): ......
21Arresting Agency or Agencies: ...........
22Disposition/Result: (choose from a. through e., above): .....
23WHEREFORE, the petitioner respectfully requests this Honorable
24Court to (1) order all law enforcement agencies to expunge all
25records of petitioner to this incident, and (2) to order the
26Clerk of the Court to expunge all records concerning the

HB5597- 1657 -LRB098 15874 AMC 50917 b
1petitioner regarding this incident.
2
......................
3
Petitioner (Signature)
4
..........................
5
Petitioner's Street Address
6
.....................
7
City, State, Zip Code
8
.............................
9
Petitioner's Telephone Number
10Pursuant to the penalties of perjury under the Code of Civil
11Procedure, 735 ILCS 5/1-109, I hereby certify that the
12statements in this petition are true and correct, or on
13information and belief I believe the same to be true.
14
......................
15
Petitioner (Signature)
16The Petition for Expungement for subsection (2) shall be
17substantially in the following form:
18
IN THE CIRCUIT COURT OF ........, ILLINOIS
19
........ JUDICIAL CIRCUIT

HB5597- 1658 -LRB098 15874 AMC 50917 b
1IN THE INTEREST OF ) NO.
2 )
3 )
4...................)
5(Name of Petitioner)
6
PETITION TO EXPUNGE JUVENILE RECORDS
7
(705 ILCS 405/5-915 (SUBSECTION 2))
8
(Please prepare a separate petition for each offense)
9Now comes ............, petitioner, and respectfully requests
10that this Honorable Court enter an order expunging all Juvenile
11Law Enforcement and Court records of petitioner and in support
12thereof states that:
13The incident for which the Petitioner seeks expungement
14occurred before the Petitioner's 18th birthday and did not
15result in proceedings in criminal court and the Petitioner has
16not had any convictions for any crime since his/her 18th
17birthday; and
18The incident for which the Petitioner seeks expungement
19occurred before the Petitioner's 18th birthday and the
20adjudication was not based upon first-degree murder or sex
21offenses which would be felonies if committed by an adult, and
22the Petitioner has not had any convictions for any crime since
23his/her 18th birthday.
24Petitioner was arrested on ...... by the ....... Police

HB5597- 1659 -LRB098 15874 AMC 50917 b
1Department for the offense of ........, and:
2(Check whichever one occurred the latest:)
3( ) a. The Petitioner has attained the age of 21 years, his/her
4birthday being .......; or
5( ) b. 5 years have elapsed since all juvenile court
6proceedings relating to the Petitioner have been terminated; or
7the Petitioner's commitment to the Department of Juvenile
8Justice pursuant to the expungement of juvenile law enforcement
9and court records provisions of the Juvenile Court Act of 1987
10has been terminated. Petitioner ...has ...has not been arrested
11on charges in this or any other county other than the charge
12listed above. If petitioner has been arrested on additional
13charges, please list the charges below:
14Charge(s): ..........
15Arresting Agency or Agencies: .......
16Disposition/Result: (choose from a or b, above): ..........
17WHEREFORE, the petitioner respectfully requests this Honorable
18Court to (1) order all law enforcement agencies to expunge all
19records of petitioner related to this incident, and (2) to
20order the Clerk of the Court to expunge all records concerning
21the petitioner regarding this incident.
22
.......................
23
Petitioner (Signature)
24
......................

HB5597- 1660 -LRB098 15874 AMC 50917 b
1
Petitioner's Street Address
2
.....................
3
City, State, Zip Code
4
.............................
5
Petitioner's Telephone Number
6Pursuant to the penalties of perjury under the Code of Civil
7Procedure, 735 ILCS 5/1-109, I hereby certify that the
8statements in this petition are true and correct, or on
9information and belief I believe the same to be true.
10
......................
11
Petitioner (Signature)
12 (3) The chief judge of the circuit in which an arrest was
13made or a charge was brought or any judge of that circuit
14designated by the chief judge may, upon verified petition of a
15person who is the subject of an arrest or a juvenile court
16proceeding under subsection (1) or (2) of this Section, order
17the law enforcement records or official court file, or both, to
18be expunged from the official records of the arresting
19authority, the clerk of the circuit court and the Department of
20State Police. The person whose records are to be expunged shall
21petition the court using the appropriate form containing his or
22her current address and shall promptly notify the clerk of the
23circuit court of any change of address. Notice of the petition
24shall be served upon the State's Attorney or prosecutor charged

HB5597- 1661 -LRB098 15874 AMC 50917 b
1with the duty of prosecuting the offense, the Department of
2State Police, and the arresting agency or agencies by the clerk
3of the circuit court. If an objection is filed within 45 days
4of the notice of the petition, the clerk of the circuit court
5shall set a date for hearing after the 45 day objection period.
6At the hearing the court shall hear evidence on whether the
7expungement should or should not be granted. Unless the State's
8Attorney or prosecutor, the Department of State Police, or an
9arresting agency objects to the expungement within 45 days of
10the notice, the court may enter an order granting expungement.
11The person whose records are to be expunged shall pay the clerk
12of the circuit court a fee equivalent to the cost associated
13with expungement of records by the clerk and the Department of
14State Police. The clerk shall forward a certified copy of the
15order to the Department of State Police, the appropriate
16portion of the fee to the Department of State Police for
17processing, and deliver a certified copy of the order to the
18arresting agency.
19 (3.1) The Notice of Expungement shall be in substantially
20the following form:
21
IN THE CIRCUIT COURT OF ....., ILLINOIS
22
.... JUDICIAL CIRCUIT
23IN THE INTEREST OF ) NO.
24 )
25 )

HB5597- 1662 -LRB098 15874 AMC 50917 b
1...................)
2(Name of Petitioner)
3
NOTICE
4TO: State's Attorney
5TO: Arresting Agency
6
7................
8................
9
10................
11................
12TO: Illinois State Police
13
14.....................
15
16.....................
17ATTENTION: Expungement
18You are hereby notified that on ....., at ....., in courtroom
19..., located at ..., before the Honorable ..., Judge, or any
20judge sitting in his/her stead, I shall then and there present
21a Petition to Expunge Juvenile records in the above-entitled
22matter, at which time and place you may appear.
23
......................
24
Petitioner's Signature
25
...........................

HB5597- 1663 -LRB098 15874 AMC 50917 b
1
Petitioner's Street Address
2
.....................
3
City, State, Zip Code
4
.............................
5
Petitioner's Telephone Number
6
PROOF OF SERVICE
7On the ....... day of ......, 20..., I on oath state that I
8served this notice and true and correct copies of the
9above-checked documents by:
10(Check One:)
11delivering copies personally to each entity to whom they are
12directed;
13or
14by mailing copies to each entity to whom they are directed by
15depositing the same in the U.S. Mail, proper postage fully
16prepaid, before the hour of 5:00 p.m., at the United States
17Postal Depository located at .................
18
.........................................
19
20Signature
21
Clerk of the Circuit Court or Deputy Clerk
22Printed Name of Delinquent Minor/Petitioner: ....
23Address: ........................................
24Telephone Number: ...............................
25 (3.2) The Order of Expungement shall be in substantially
26the following form:

HB5597- 1664 -LRB098 15874 AMC 50917 b
1
IN THE CIRCUIT COURT OF ....., ILLINOIS
2
.... JUDICIAL CIRCUIT
3IN THE INTEREST OF ) NO.
4 )
5 )
6...................)
7(Name of Petitioner)
8DOB ................
9Arresting Agency/Agencies ......
10
ORDER OF EXPUNGEMENT
11
(705 ILCS 405/5-915 (SUBSECTION 3))
12This matter having been heard on the petitioner's motion and
13the court being fully advised in the premises does find that
14the petitioner is indigent or has presented reasonable cause to
15waive all costs in this matter, IT IS HEREBY ORDERED that:
16 ( ) 1. Clerk of Court and Department of State Police costs
17are hereby waived in this matter.
18 ( ) 2. The Illinois State Police Bureau of Identification
19and the following law enforcement agencies expunge all records
20of petitioner relating to an arrest dated ...... for the
21offense of ......
22
Law Enforcement Agencies:
23
.........................
24
.........................

HB5597- 1665 -LRB098 15874 AMC 50917 b
1 ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
2Court expunge all records regarding the above-captioned case.
3
ENTER: ......................
4
5JUDGE
6DATED: .......
7Name:
8Attorney for:
9Address: City/State/Zip:
10Attorney Number:
11 (3.3) The Notice of Objection shall be in substantially the
12following form:
13
IN THE CIRCUIT COURT OF ....., ILLINOIS
14
....................... JUDICIAL CIRCUIT
15IN THE INTEREST OF ) NO.
16 )
17 )
18...................)
19(Name of Petitioner)
20
NOTICE OF OBJECTION
21TO:(Attorney, Public Defender, Minor)
22.................................
23.................................
24TO:(Illinois State Police)

HB5597- 1666 -LRB098 15874 AMC 50917 b
1.................................
2.................................
3TO:(Clerk of the Court)
4.................................
5.................................
6TO:(Judge)
7.................................
8.................................
9TO:(Arresting Agency/Agencies)
10.................................
11.................................
12ATTENTION: You are hereby notified that an objection has been
13filed by the following entity regarding the above-named minor's
14petition for expungement of juvenile records:
15( ) State's Attorney's Office;
16( ) Prosecutor (other than State's Attorney's Office) charged
17with the duty of prosecuting the offense sought to be expunged;
18( ) Department of Illinois State Police; or
19( ) Arresting Agency or Agencies.
20The agency checked above respectfully requests that this case
21be continued and set for hearing on whether the expungement
22should or should not be granted.
23DATED: .......
24Name:
25Attorney For:
26Address:

HB5597- 1667 -LRB098 15874 AMC 50917 b
1City/State/Zip:
2Telephone:
3Attorney No.:
4
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
5This matter has been set for hearing on the foregoing
6objection, on ...... in room ...., located at ....., before the
7Honorable ....., Judge, or any judge sitting in his/her stead.
8(Only one hearing shall be set, regardless of the number of
9Notices of Objection received on the same case).
10A copy of this completed Notice of Objection containing the
11court date, time, and location, has been sent via regular U.S.
12Mail to the following entities. (If more than one Notice of
13Objection is received on the same case, each one must be
14completed with the court date, time and location and mailed to
15the following entities):
16( ) Attorney, Public Defender or Minor;
17( ) State's Attorney's Office;
18( ) Prosecutor (other than State's Attorney's Office) charged
19with the duty of prosecuting the offense sought to be expunged;
20( ) Department of Illinois State Police; and
21( ) Arresting agency or agencies.
22Date: ......
23Initials of Clerk completing this section: .....
24 (4) Upon entry of an order expunging records or files, the
25offense, which the records or files concern shall be treated as
26if it never occurred. Law enforcement officers and other public

HB5597- 1668 -LRB098 15874 AMC 50917 b
1offices and agencies shall properly reply on inquiry that no
2record or file exists with respect to the person.
3 (5) Records which have not been expunged are sealed, and
4may be obtained only under the provisions of Sections 5-901,
55-905 and 5-915.
6 (6) Nothing in this Section shall be construed to prohibit
7the maintenance of information relating to an offense after
8records or files concerning the offense have been expunged if
9the information is kept in a manner that does not enable
10identification of the offender. This information may only be
11used for statistical and bona fide research purposes.
12 (7)(a) The State Appellate Defender shall establish,
13maintain, and carry out, by December 31, 2004, a juvenile
14expungement program to provide information and assistance to
15minors eligible to have their juvenile records expunged.
16 (b) The State Appellate Defender shall develop brochures,
17pamphlets, and other materials in printed form and through the
18agency's World Wide Web site. The pamphlets and other materials
19shall include at a minimum the following information:
20 (i) An explanation of the State's juvenile expungement
21 process;
22 (ii) The circumstances under which juvenile
23 expungement may occur;
24 (iii) The juvenile offenses that may be expunged;
25 (iv) The steps necessary to initiate and complete the
26 juvenile expungement process; and

HB5597- 1669 -LRB098 15874 AMC 50917 b
1 (v) Directions on how to contact the State Appellate
2 Defender.
3 (c) The State Appellate Defender shall establish and
4maintain a statewide toll-free telephone number that a person
5may use to receive information or assistance concerning the
6expungement of juvenile records. The State Appellate Defender
7shall advertise the toll-free telephone number statewide. The
8State Appellate Defender shall develop an expungement
9information packet that may be sent to eligible persons seeking
10expungement of their juvenile records, which may include, but
11is not limited to, a pre-printed expungement petition with
12instructions on how to complete the petition and a pamphlet
13containing information that would assist individuals through
14the juvenile expungement process.
15 (d) The State Appellate Defender shall compile a statewide
16list of volunteer attorneys willing to assist eligible
17individuals through the juvenile expungement process.
18 (e) This Section shall be implemented from funds
19appropriated by the General Assembly to the State Appellate
20Defender for this purpose. The State Appellate Defender shall
21employ the necessary staff and adopt the necessary rules for
22implementation of this Section.
23 (8)(a) Except with respect to law enforcement agencies, the
24Department of Corrections, State's Attorneys, or other
25prosecutors, an expunged juvenile record may not be considered
26by any private or public entity in employment matters,

HB5597- 1670 -LRB098 15874 AMC 50917 b
1certification, licensing, revocation of certification or
2licensure, or registration. Applications for employment must
3contain specific language that states that the applicant is not
4obligated to disclose expunged juvenile records of conviction
5or arrest. Employers may not ask if an applicant has had a
6juvenile record expunged. Effective January 1, 2005, the
7Department of Labor shall develop a link on the Department's
8website to inform employers that employers may not ask if an
9applicant had a juvenile record expunged and that application
10for employment must contain specific language that states that
11the applicant is not obligated to disclose expunged juvenile
12records of arrest or conviction.
13 (b) A person whose juvenile records have been expunged is
14not entitled to remission of any fines, costs, or other money
15paid as a consequence of expungement. This amendatory Act of
16the 93rd General Assembly does not affect the right of the
17victim of a crime to prosecute or defend a civil action for
18damages.
19 (c) The expungement of juvenile records under Section 5-622
20shall be funded by the additional fine imposed under Section
215-9-1.17 of the Unified Code of Corrections and additional
22appropriations made by the General Assembly for such purpose.
23 (9) The changes made to Public Act 98-61 this Section by
24this amendatory Act of the 98th General Assembly apply to law
25enforcement records of a minor who has been arrested or taken
26into custody on or after January 1, 2014 (the effective date of

HB5597- 1671 -LRB098 15874 AMC 50917 b
1Public Act 98-61) this amendatory Act.
2(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
3 Section 695. The Criminal Code of 2012 is amended by
4changing Sections 2-10.1, 3-6, 10-9, 11-1.40, 11-9.1B, 11-14,
512-3.05, 12C-10, 19-4, 21-1.3, 31A-1.1, 33-1, and 33E-18 as
6follows:
7 (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
8 Sec. 2-10.1. "Severely or profoundly intellectually
9disabled person" means a person (i) whose intelligence quotient
10does not exceed 40 or (ii) whose intelligence quotient does not
11exceed 55 and who suffers from significant mental illness to
12the extent that the person's ability to exercise rational
13judgment is impaired. In any proceeding in which the defendant
14is charged with committing a violation of Section 10-2, 10-5,
1511-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
1611-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision
17(b)(1) of Section 12-3.05, of this Code against a victim who is
18alleged to be a severely or profoundly intellectually disabled
19person, any findings concerning the victim's status as a
20severely or profoundly intellectually disabled person, made by
21a court after a judicial admission hearing concerning the
22victim under Articles V and VI of Chapter IV 4 of the Mental
23Health and Developmental Disabilities Code shall be
24admissible.

HB5597- 1672 -LRB098 15874 AMC 50917 b
1(Source: P.A. 96-1551, Article 1, Section 960, eff. 7-1-11;
296-1551, Article 2, Section 1035, eff. 7-1-11; 97-227, eff.
31-1-12; 97-1109, eff. 1-1-13; revised 9-11-13.)
4 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
5 Sec. 3-6. Extended limitations. The period within which a
6prosecution must be commenced under the provisions of Section
73-5 or other applicable statute is extended under the following
8conditions:
9 (a) A prosecution for theft involving a breach of a
10fiduciary obligation to the aggrieved person may be commenced
11as follows:
12 (1) If the aggrieved person is a minor or a person
13 under legal disability, then during the minority or legal
14 disability or within one year after the termination
15 thereof.
16 (2) In any other instance, within one year after the
17 discovery of the offense by an aggrieved person, or by a
18 person who has legal capacity to represent an aggrieved
19 person or has a legal duty to report the offense, and is
20 not himself or herself a party to the offense; or in the
21 absence of such discovery, within one year after the proper
22 prosecuting officer becomes aware of the offense. However,
23 in no such case is the period of limitation so extended
24 more than 3 years beyond the expiration of the period
25 otherwise applicable.

HB5597- 1673 -LRB098 15874 AMC 50917 b
1 (b) A prosecution for any offense based upon misconduct in
2office by a public officer or employee may be commenced within
3one year after discovery of the offense by a person having a
4legal duty to report such offense, or in the absence of such
5discovery, within one year after the proper prosecuting officer
6becomes aware of the offense. However, in no such case is the
7period of limitation so extended more than 3 years beyond the
8expiration of the period otherwise applicable.
9 (b-5) When the victim is under 18 years of age at the time
10of the offense, a prosecution for involuntary servitude,
11involuntary sexual servitude of a minor, or trafficking in
12persons and related offenses under Section 10-9 of this Code
13may be commenced within one year of the victim attaining the
14age of 18 years. However, in no such case shall the time period
15for prosecution expire sooner than 3 years after the commission
16of the offense.
17 (c) (Blank).
18 (d) A prosecution for child pornography, aggravated child
19pornography, indecent solicitation of a child, soliciting for a
20juvenile prostitute, juvenile pimping, exploitation of a
21child, or promoting juvenile prostitution except for keeping a
22place of juvenile prostitution may be commenced within one year
23of the victim attaining the age of 18 years. However, in no
24such case shall the time period for prosecution expire sooner
25than 3 years after the commission of the offense. When the
26victim is under 18 years of age, a prosecution for criminal

HB5597- 1674 -LRB098 15874 AMC 50917 b
1sexual abuse may be commenced within one year of the victim
2attaining the age of 18 years. However, in no such case shall
3the time period for prosecution expire sooner than 3 years
4after the commission of the offense.
5 (e) Except as otherwise provided in subdivision (j), a
6prosecution for any offense involving sexual conduct or sexual
7penetration, as defined in Section 11-0.1 of this Code, where
8the defendant was within a professional or fiduciary
9relationship or a purported professional or fiduciary
10relationship with the victim at the time of the commission of
11the offense may be commenced within one year after the
12discovery of the offense by the victim.
13 (f) A prosecution for any offense set forth in Section 44
14of the "Environmental Protection Act", approved June 29, 1970,
15as amended, may be commenced within 5 years after the discovery
16of such an offense by a person or agency having the legal duty
17to report the offense or in the absence of such discovery,
18within 5 years after the proper prosecuting officer becomes
19aware of the offense.
20 (f-5) A prosecution for any offense set forth in Section
2116-30 of this Code may be commenced within 5 years after the
22discovery of the offense by the victim of that offense.
23 (g) (Blank).
24 (h) (Blank).
25 (i) Except as otherwise provided in subdivision (j), a
26prosecution for criminal sexual assault, aggravated criminal

HB5597- 1675 -LRB098 15874 AMC 50917 b
1sexual assault, or aggravated criminal sexual abuse may be
2commenced within 10 years of the commission of the offense if
3the victim reported the offense to law enforcement authorities
4within 3 years after the commission of the offense.
5 Nothing in this subdivision (i) shall be construed to
6shorten a period within which a prosecution must be commenced
7under any other provision of this Section.
8 (j) (1) When the victim is under 18 years of age at the
9time of the offense, a prosecution for criminal sexual assault,
10aggravated criminal sexual assault, predatory criminal sexual
11assault of a child, aggravated criminal sexual abuse, or felony
12criminal sexual abuse may be commenced at any time when
13corroborating physical evidence is available or an individual
14who is required to report an alleged or suspected commission of
15any of these offenses under the Abused and Neglected Child
16Reporting Act fails to do so.
17 (2) In circumstances other than as described in paragraph
18(1) of this subsection (j), when the victim is under 18 years
19of age at the time of the offense, a prosecution for criminal
20sexual assault, aggravated criminal sexual assault, predatory
21criminal sexual assault of a child, aggravated criminal sexual
22abuse, or felony criminal sexual abuse, or a prosecution for
23failure of a person who is required to report an alleged or
24suspected commission of any of these offenses under the Abused
25and Neglected Child Reporting Act may be commenced within 20
26years after the child victim attains 18 years of age.

HB5597- 1676 -LRB098 15874 AMC 50917 b
1 (3) When the victim is under 18 years of age at the time of
2the offense, a prosecution for misdemeanor criminal sexual
3abuse may be commenced within 10 years after the child victim
4attains 18 years of age.
5 (4) Nothing in this subdivision (j) shall be construed to
6shorten a period within which a prosecution must be commenced
7under any other provision of this Section.
8 (k) A prosecution for theft involving real property
9exceeding $100,000 in value under Section 16-1, identity theft
10under subsection (a) of Section 16-30, aggravated identity
11theft under subsection (b) of Section 16-30, or any offense set
12forth in Article 16H or Section 17-10.6 may be commenced within
137 years of the last act committed in furtherance of the crime.
14 (l) A prosecution for any offense set forth in Section 26-4
15of this Code may be commenced within one year after the
16discovery of the offense by the victim of that offense.
17(Source: P.A. 97-597, eff. 1-1-12; 97-897, eff. 1-1-13; 98-293,
18eff. 1-1-14; 98-379, eff. 1-1-14; revised 9-24-13.)
19 (720 ILCS 5/10-9)
20 Sec. 10-9. Trafficking in persons, involuntary servitude,
21and related offenses.
22 (a) Definitions. In this Section:
23 (1) "Intimidation" has the meaning prescribed in
24 Section 12-6.
25 (2) "Commercial sexual activity" means any sex act on

HB5597- 1677 -LRB098 15874 AMC 50917 b
1 account of which anything of value is given, promised to,
2 or received by any person.
3 (3) "Financial harm" includes intimidation that brings
4 about financial loss, criminal usury, or employment
5 contracts that violate the Frauds Act.
6 (4) (Blank). "
7 (5) "Labor" means work of economic or financial value.
8 (6) "Maintain" means, in relation to labor or services,
9 to secure continued performance thereof, regardless of any
10 initial agreement on the part of the victim to perform that
11 type of service.
12 (7) "Obtain" means, in relation to labor or services,
13 to secure performance thereof.
14 (7.5) "Serious harm" means any harm, whether physical
15 or nonphysical, including psychological, financial, or
16 reputational harm, that is sufficiently serious, under all
17 the surrounding circumstances, to compel a reasonable
18 person of the same background and in the same circumstances
19 to perform or to continue performing labor or services in
20 order to avoid incurring that harm.
21 (8) "Services" means activities resulting from a
22 relationship between a person and the actor in which the
23 person performs activities under the supervision of or for
24 the benefit of the actor. Commercial sexual activity and
25 sexually-explicit performances are forms of activities
26 that are "services" under this Section. Nothing in this

HB5597- 1678 -LRB098 15874 AMC 50917 b
1 definition may be construed to legitimize or legalize
2 prostitution.
3 (9) "Sexually-explicit performance" means a live,
4 recorded, broadcast (including over the Internet), or
5 public act or show intended to arouse or satisfy the sexual
6 desires or appeal to the prurient interests of patrons.
7 (10) "Trafficking victim" means a person subjected to
8 the practices set forth in subsection (b), (c), or (d).
9 (b) Involuntary servitude. A person commits involuntary
10servitude when he or she knowingly subjects, attempts to
11subject, or engages in a conspiracy to subject another person
12to labor or services obtained or maintained through any of the
13following means, or any combination of these means:
14 (1) causes or threatens to cause physical harm to any
15 person;
16 (2) physically restrains or threatens to physically
17 restrain another person;
18 (3) abuses or threatens to abuse the law or legal
19 process;
20 (4) knowingly destroys, conceals, removes,
21 confiscates, or possesses any actual or purported passport
22 or other immigration document, or any other actual or
23 purported government identification document, of another
24 person;
25 (5) uses intimidation, or exerts financial control
26 over any person; or

HB5597- 1679 -LRB098 15874 AMC 50917 b
1 (6) uses any scheme, plan, or pattern intended to cause
2 the person to believe that, if the person did not perform
3 the labor or services, that person or another person would
4 suffer serious harm or physical restraint.
5 Sentence. Except as otherwise provided in subsection (e) or
6(f), a violation of subsection (b)(1) is a Class X felony,
7(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
8is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
9 (c) Involuntary sexual servitude of a minor. A person
10commits involuntary sexual servitude of a minor when he or she
11knowingly recruits, entices, harbors, transports, provides, or
12obtains by any means, or attempts to recruit, entice, harbor,
13provide, or obtain by any means, another person under 18 years
14of age, knowing that the minor will engage in commercial sexual
15activity, a sexually-explicit performance, or the production
16of pornography, or causes or attempts to cause a minor to
17engage in one or more of those activities and:
18 (1) there is no overt force or threat and the minor is
19 between the ages of 17 and 18 years;
20 (2) there is no overt force or threat and the minor is
21 under the age of 17 years; or
22 (3) there is overt force or threat.
23 Sentence. Except as otherwise provided in subsection (e) or
24(f), a violation of subsection (c)(1) is a Class 1 felony,
25(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
26 (d) Trafficking in persons. A person commits trafficking in

HB5597- 1680 -LRB098 15874 AMC 50917 b
1persons when he or she knowingly: (1) recruits, entices,
2harbors, transports, provides, or obtains by any means, or
3attempts to recruit, entice, harbor, transport, provide, or
4obtain by any means, another person, intending or knowing that
5the person will be subjected to involuntary servitude; or (2)
6benefits, financially or by receiving anything of value, from
7participation in a venture that has engaged in an act of
8involuntary servitude or involuntary sexual servitude of a
9minor.
10 Sentence. Except as otherwise provided in subsection (e) or
11(f), a violation of this subsection is a Class 1 felony.
12 (e) Aggravating factors. A violation of this Section
13involving kidnapping or an attempt to kidnap, aggravated
14criminal sexual assault or an attempt to commit aggravated
15criminal sexual assault, or an attempt to commit first degree
16murder is a Class X felony.
17 (f) Sentencing considerations.
18 (1) Bodily injury. If, pursuant to a violation of this
19 Section, a victim suffered bodily injury, the defendant may
20 be sentenced to an extended-term sentence under Section
21 5-8-2 of the Unified Code of Corrections. The sentencing
22 court must take into account the time in which the victim
23 was held in servitude, with increased penalties for cases
24 in which the victim was held for between 180 days and one
25 year, and increased penalties for cases in which the victim
26 was held for more than one year.

HB5597- 1681 -LRB098 15874 AMC 50917 b
1 (2) Number of victims. In determining sentences within
2 statutory maximums, the sentencing court should take into
3 account the number of victims, and may provide for
4 substantially increased sentences in cases involving more
5 than 10 victims.
6 (g) Restitution. Restitution is mandatory under this
7Section. In addition to any other amount of loss identified,
8the court shall order restitution including the greater of (1)
9the gross income or value to the defendant of the victim's
10labor or services or (2) the value of the victim's labor as
11guaranteed under the Minimum Wage Law and overtime provisions
12of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
13whichever is greater.
14 (h) Trafficking victim services. Subject to the
15availability of funds, the Department of Human Services may
16provide or fund emergency services and assistance to
17individuals who are victims of one or more offenses defined in
18this Section.
19 (i) Certification. The Attorney General, a State's
20Attorney, or any law enforcement official shall certify in
21writing to the United States Department of Justice or other
22federal agency, such as the United States Department of
23Homeland Security, that an investigation or prosecution under
24this Section has begun and the individual who is a likely
25victim of a crime described in this Section is willing to
26cooperate or is cooperating with the investigation to enable

HB5597- 1682 -LRB098 15874 AMC 50917 b
1the individual, if eligible under federal law, to qualify for
2an appropriate special immigrant visa and to access available
3federal benefits. Cooperation with law enforcement shall not be
4required of victims of a crime described in this Section who
5are under 18 years of age. This certification shall be made
6available to the victim and his or her designated legal
7representative.
8 (j) A person who commits involuntary servitude,
9involuntary sexual servitude of a minor, or trafficking in
10persons under subsection (b), (c), or (d) of this Section is
11subject to the property forfeiture provisions set forth in
12Article 124B of the Code of Criminal Procedure of 1963.
13(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
141-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised
1511-12-13.)
16 (720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)
17 Sec. 11-1.40. Predatory criminal sexual assault of a child.
18 (a) A person commits predatory criminal sexual assault of a
19child if that person commits an act of sexual penetration or an
20act of contact, however slight, between the sex organ or anus
21of one person and the part of the body of another, and the
22accused is 17 years of age or older, and:
23 (1) the victim is under 13 years of age; or
24 (2) the victim is under 13 years of age and that
25 person:

HB5597- 1683 -LRB098 15874 AMC 50917 b
1 (A) is armed with a firearm;
2 (B) personally discharges a firearm during the
3 commission of the offense;
4 (C) causes great bodily harm to the victim that:
5 (i) results in permanent disability; or
6 (ii) is life threatening; or
7 (D) delivers (by injection, inhalation, ingestion,
8 transfer of possession, or any other means) any
9 controlled substance to the victim without the
10 victim's consent or by threat or deception, for other
11 than medical purposes.
12 (b) Sentence.
13 (1) A person convicted of a violation of subsection
14 (a)(1) commits a Class X felony, for which the person shall
15 be sentenced to a term of imprisonment of not less than 6
16 years and not more than 60 years. A person convicted of a
17 violation of subsection (a)(2)(A) commits a Class X felony
18 for which 15 years shall be added to the term of
19 imprisonment imposed by the court. A person convicted of a
20 violation of subsection (a)(2)(B) commits a Class X felony
21 for which 20 years shall be added to the term of
22 imprisonment imposed by the court. A person convicted of a
23 violation of subsection (a)(2)(C) commits a Class X felony
24 for which the person shall be sentenced to a term of
25 imprisonment of not less than 50 years or up to a term of
26 natural life imprisonment.

HB5597- 1684 -LRB098 15874 AMC 50917 b
1 (1.1) A person convicted of a violation of subsection
2 (a)(2)(D) commits a Class X felony for which the person
3 shall be sentenced to a term of imprisonment of not less
4 than 50 years and not more than 60 years.
5 (1.2) A person convicted of predatory criminal sexual
6 assault of a child committed against 2 or more persons
7 regardless of whether the offenses occurred as the result
8 of the same act or of several related or unrelated acts
9 shall be sentenced to a term of natural life imprisonment.
10 (2) A person who is convicted of a second or subsequent
11 offense of predatory criminal sexual assault of a child, or
12 who is convicted of the offense of predatory criminal
13 sexual assault of a child after having previously been
14 convicted of the offense of criminal sexual assault or the
15 offense of aggravated criminal sexual assault, or who is
16 convicted of the offense of predatory criminal sexual
17 assault of a child after having previously been convicted
18 under the laws of this State or any other state of an
19 offense that is substantially equivalent to the offense of
20 predatory criminal sexual assault of a child, the offense
21 of aggravated criminal sexual assault or the offense of
22 criminal sexual assault, shall be sentenced to a term of
23 natural life imprisonment. The commission of the second or
24 subsequent offense is required to have been after the
25 initial conviction for this paragraph (2) to apply.
26(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)

HB5597- 1685 -LRB098 15874 AMC 50917 b
1 (720 ILCS 5/11-9.1B)
2 Sec. 11-9.1B. Failure to report sexual abuse of a child.
3 (a) For the purposes of this Section:
4 "Child" means any person under the age of 13.
5 "Sexual abuse" means any contact, however slight, between
6the sex organ or anus of the victim or the accused and an
7object or body part, including, but not limited to, the sex
8organ, mouth, or anus of the victim or the accused, or any
9intrusion, however slight, of any part of the body of the
10victim or the accused or of any animal or object into the sex
11organ or anus of the victim or the accused, including, but not
12limited to, cunnilingus, fellatio, or anal penetration.
13Evidence of emission of semen is not required to prove sexual
14abuse.
15 (b) A person over the age of 18 commits failure to report
16sexual abuse of a child when he or she personally observes
17sexual abuse, as defined by this Section, between a person who
18he or she knows is over the age of 18 and a person he or she
19knows is a child, and knowingly fails to report the sexual
20abuse to law enforcement.
21 (c) This Section does not apply to a person who makes
22timely and reasonable efforts to stop the sexual abuse by
23reporting the sexual abuse in conformance with the Abused and
24Neglected Child Reporting Act or by reporting the sexual abuse
25or causing a report to be made, to medical or law enforcement

HB5597- 1686 -LRB098 15874 AMC 50917 b
1authorities or anyone who is a mandated reporter under Section
24 of the Abused and Neglected Child Reporting Act.
3 (d) A person may not be charged with the offense of failure
4to report sexual abuse of a child under this Section until the
5person who committed the offense is charged with criminal
6sexual assault, aggravated criminal sexual assault, predatory
7criminal sexual assault of a child, criminal sexual abuse, or
8aggravated criminal sexual abuse.
9 (e) It is an affirmative defense to a charge of failure to
10report sexual abuse of a child under this Section that the
11person who personally observed the sexual abuse had a
12reasonable apprehension that timely action to stop the abuse
13would result in the imminent infliction of death, great bodily
14harm, permanent disfigurement, or permanent disability to that
15person or another in retaliation for reporting.
16 (f) Sentence. A person who commits failure to report sexual
17abuse of a child is guilty of a Class A misdemeanor for the
18first violation and a Class 4 felony for a second or subsequent
19violation.
20 (g) Nothing in this Section shall be construed to allow
21prosecution of a person who personally observes the act of
22sexual abuse and assists with an investigation and any
23subsequent prosecution of the offender.
24(Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
25 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)

HB5597- 1687 -LRB098 15874 AMC 50917 b
1 Sec. 11-14. Prostitution.
2 (a) Any person who knowingly performs, offers or agrees to
3perform any act of sexual penetration as defined in Section
411-0.1 of this Code for anything of value, or any touching or
5fondling of the sex organs of one person by another person, for
6anything of value, for the purpose of sexual arousal or
7gratification commits an act of prostitution.
8 (b) Sentence. A violation of this Section is a Class A
9misdemeanor.
10 (c) (Blank). or 5-6-3.4
11 (d) Notwithstanding the foregoing, if it is determined,
12after a reasonable detention for investigative purposes, that a
13person suspected of or charged with a violation of this Section
14is a person under the age of 18, that person shall be immune
15from prosecution for a prostitution offense under this Section,
16and shall be subject to the temporary protective custody
17provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
181987. Pursuant to the provisions of Section 2-6 of the Juvenile
19Court Act of 1987, a law enforcement officer who takes a person
20under 18 years of age into custody under this Section shall
21immediately report an allegation of a violation of Section 10-9
22of this Code to the Illinois Department of Children and Family
23Services State Central Register, which shall commence an
24initial investigation into child abuse or child neglect within
2524 hours pursuant to Section 7.4 of the Abused and Neglected
26Child Reporting Act.

HB5597- 1688 -LRB098 15874 AMC 50917 b
1(Source: P.A. 97-1118, eff. 1-1-13; 98-164, eff. 1-1-14;
298-538, eff. 8-23-13; revised 9-24-13.)
3 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
4 Sec. 12-3.05. Aggravated battery.
5 (a) Offense based on injury. A person commits aggravated
6battery when, in committing a battery, other than by the
7discharge of a firearm, he or she knowingly does any of the
8following:
9 (1) Causes great bodily harm or permanent disability or
10 disfigurement.
11 (2) Causes severe and permanent disability, great
12 bodily harm, or disfigurement by means of a caustic or
13 flammable substance, a poisonous gas, a deadly biological
14 or chemical contaminant or agent, a radioactive substance,
15 or a bomb or explosive compound.
16 (3) Causes great bodily harm or permanent disability or
17 disfigurement to an individual whom the person knows to be
18 a peace officer, community policing volunteer, fireman,
19 private security officer, correctional institution
20 employee, or Department of Human Services employee
21 supervising or controlling sexually dangerous persons or
22 sexually violent persons:
23 (i) performing his or her official duties;
24 (ii) battered to prevent performance of his or her
25 official duties; or

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1 (iii) battered in retaliation for performing his
2 or her official duties.
3 (4) Causes great bodily harm or permanent disability or
4 disfigurement to an individual 60 years of age or older.
5 (5) Strangles another individual.
6 (b) Offense based on injury to a child or intellectually
7disabled person. A person who is at least 18 years of age
8commits aggravated battery when, in committing a battery, he or
9she knowingly and without legal justification by any means:
10 (1) causes great bodily harm or permanent disability or
11 disfigurement to any child under the age of 13 years, or to
12 any severely or profoundly intellectually disabled person;
13 or
14 (2) causes bodily harm or disability or disfigurement
15 to any child under the age of 13 years or to any severely
16 or profoundly intellectually disabled person.
17 (c) Offense based on location of conduct. A person commits
18aggravated battery when, in committing a battery, other than by
19the discharge of a firearm, he or she is or the person battered
20is on or about a public way, public property, a public place of
21accommodation or amusement, a sports venue, or a domestic
22violence shelter.
23 (d) Offense based on status of victim. A person commits
24aggravated battery when, in committing a battery, other than by
25discharge of a firearm, he or she knows the individual battered
26to be any of the following:

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1 (1) A person 60 years of age or older.
2 (2) A person who is pregnant or physically handicapped.
3 (3) A teacher or school employee upon school grounds or
4 grounds adjacent to a school or in any part of a building
5 used for school purposes.
6 (4) A peace officer, community policing volunteer,
7 fireman, private security officer, correctional
8 institution employee, or Department of Human Services
9 employee supervising or controlling sexually dangerous
10 persons or sexually violent persons:
11 (i) performing his or her official duties;
12 (ii) battered to prevent performance of his or her
13 official duties; or
14 (iii) battered in retaliation for performing his
15 or her official duties.
16 (5) A judge, emergency management worker, emergency
17 medical technician, or utility worker:
18 (i) performing his or her official duties;
19 (ii) battered to prevent performance of his or her
20 official duties; or
21 (iii) battered in retaliation for performing his
22 or her official duties.
23 (6) An officer or employee of the State of Illinois, a
24 unit of local government, or a school district, while
25 performing his or her official duties.
26 (7) A transit employee performing his or her official

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1 duties, or a transit passenger.
2 (8) A taxi driver on duty.
3 (9) A merchant who detains the person for an alleged
4 commission of retail theft under Section 16-26 of this Code
5 and the person without legal justification by any means
6 causes bodily harm to the merchant.
7 (10) A person authorized to serve process under Section
8 2-202 of the Code of Civil Procedure or a special process
9 server appointed by the circuit court while that individual
10 is in the performance of his or her duties as a process
11 server.
12 (11) A nurse while in the performance of his or her
13 duties as a nurse.
14 (e) Offense based on use of a firearm. A person commits
15aggravated battery when, in committing a battery, he or she
16knowingly does any of the following:
17 (1) Discharges a firearm, other than a machine gun or a
18 firearm equipped with a silencer, and causes any injury to
19 another person.
20 (2) Discharges a firearm, other than a machine gun or a
21 firearm equipped with a silencer, and causes any injury to
22 a person he or she knows to be a peace officer, community
23 policing volunteer, person summoned by a police officer,
24 fireman, private security officer, correctional
25 institution employee, or emergency management worker:
26 (i) performing his or her official duties;

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1 (ii) battered to prevent performance of his or her
2 official duties; or
3 (iii) battered in retaliation for performing his
4 or her official duties.
5 (3) Discharges a firearm, other than a machine gun or a
6 firearm equipped with a silencer, and causes any injury to
7 a person he or she knows to be an emergency medical
8 technician employed by a municipality or other
9 governmental unit:
10 (i) performing his or her official duties;
11 (ii) battered to prevent performance of his or her
12 official duties; or
13 (iii) battered in retaliation for performing his
14 or her official duties.
15 (4) Discharges a firearm and causes any injury to a
16 person he or she knows to be a teacher, a student in a
17 school, or a school employee, and the teacher, student, or
18 employee is upon school grounds or grounds adjacent to a
19 school or in any part of a building used for school
20 purposes.
21 (5) Discharges a machine gun or a firearm equipped with
22 a silencer, and causes any injury to another person.
23 (6) Discharges a machine gun or a firearm equipped with
24 a silencer, and causes any injury to a person he or she
25 knows to be a peace officer, community policing volunteer,
26 person summoned by a police officer, fireman, private

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1 security officer, correctional institution employee or
2 emergency management worker:
3 (i) performing his or her official duties;
4 (ii) battered to prevent performance of his or her
5 official duties; or
6 (iii) battered in retaliation for performing his
7 or her official duties.
8 (7) Discharges a machine gun or a firearm equipped with
9 a silencer, and causes any injury to a person he or she
10 knows to be an emergency medical technician employed by a
11 municipality or other governmental unit:
12 (i) performing his or her official duties;
13 (ii) battered to prevent performance of his or her
14 official duties; or
15 (iii) battered in retaliation for performing his
16 or her official duties.
17 (8) Discharges a machine gun or a firearm equipped with
18 a silencer, and causes any injury to a person he or she
19 knows to be a teacher, or a student in a school, or a
20 school employee, and the teacher, student, or employee is
21 upon school grounds or grounds adjacent to a school or in
22 any part of a building used for school purposes.
23 (f) Offense based on use of a weapon or device. A person
24commits aggravated battery when, in committing a battery, he or
25she does any of the following:
26 (1) Uses a deadly weapon other than by discharge of a

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1 firearm, or uses an air rifle as defined in Section
2 24.8-0.1 of this Code the Air Rifle Act.
3 (2) Wears a hood, robe, or mask to conceal his or her
4 identity.
5 (3) Knowingly and without lawful justification shines
6 or flashes a laser gunsight or other laser device attached
7 to a firearm, or used in concert with a firearm, so that
8 the laser beam strikes upon or against the person of
9 another.
10 (4) Knowingly video or audio records the offense with
11 the intent to disseminate the recording.
12 (g) Offense based on certain conduct. A person commits
13aggravated battery when, other than by discharge of a firearm,
14he or she does any of the following:
15 (1) Violates Section 401 of the Illinois Controlled
16 Substances Act by unlawfully delivering a controlled
17 substance to another and any user experiences great bodily
18 harm or permanent disability as a result of the injection,
19 inhalation, or ingestion of any amount of the controlled
20 substance.
21 (2) Knowingly administers to an individual or causes
22 him or her to take, without his or her consent or by threat
23 or deception, and for other than medical purposes, any
24 intoxicating, poisonous, stupefying, narcotic, anesthetic,
25 or controlled substance, or gives to another person any
26 food containing any substance or object intended to cause

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1 physical injury if eaten.
2 (3) Knowingly causes or attempts to cause a
3 correctional institution employee or Department of Human
4 Services employee to come into contact with blood, seminal
5 fluid, urine, or feces by throwing, tossing, or expelling
6 the fluid or material, and the person is an inmate of a
7 penal institution or is a sexually dangerous person or
8 sexually violent person in the custody of the Department of
9 Human Services.
10 (h) Sentence. Unless otherwise provided, aggravated
11battery is a Class 3 felony.
12 Aggravated battery as defined in subdivision (a)(4),
13(d)(4), or (g)(3) is a Class 2 felony.
14 Aggravated battery as defined in subdivision (a)(3) or
15(g)(1) is a Class 1 felony.
16 Aggravated battery as defined in subdivision (a)(1) is a
17Class 1 felony when the aggravated battery was intentional and
18involved the infliction of torture, as defined in paragraph
19(14) of subsection (b) of Section 9-1 of this Code, as the
20infliction of or subjection to extreme physical pain, motivated
21by an intent to increase or prolong the pain, suffering, or
22agony of the victim.
23 Aggravated battery under subdivision (a)(5) is a Class 1
24felony if:
25 (A) the person used or attempted to use a dangerous
26 instrument while committing the offense; or

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1 (B) the person caused great bodily harm or permanent
2 disability or disfigurement to the other person while
3 committing the offense; or
4 (C) the person has been previously convicted of a
5 violation of subdivision (a)(5) under the laws of this
6 State or laws similar to subdivision (a)(5) of any other
7 state.
8 Aggravated battery as defined in subdivision (e)(1) is a
9Class X felony.
10 Aggravated battery as defined in subdivision (a)(2) is a
11Class X felony for which a person shall be sentenced to a term
12of imprisonment of a minimum of 6 years and a maximum of 45
13years.
14 Aggravated battery as defined in subdivision (e)(5) is a
15Class X felony for which a person shall be sentenced to a term
16of imprisonment of a minimum of 12 years and a maximum of 45
17years.
18 Aggravated battery as defined in subdivision (e)(2),
19(e)(3), or (e)(4) is a Class X felony for which a person shall
20be sentenced to a term of imprisonment of a minimum of 15 years
21and a maximum of 60 years.
22 Aggravated battery as defined in subdivision (e)(6),
23(e)(7), or (e)(8) is a Class X felony for which a person shall
24be sentenced to a term of imprisonment of a minimum of 20 years
25and a maximum of 60 years.
26 Aggravated battery as defined in subdivision (b)(1) is a

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1Class X felony, except that:
2 (1) if the person committed the offense while armed
3 with a firearm, 15 years shall be added to the term of
4 imprisonment imposed by the court;
5 (2) if, during the commission of the offense, the
6 person personally discharged a firearm, 20 years shall be
7 added to the term of imprisonment imposed by the court;
8 (3) if, during the commission of the offense, the
9 person personally discharged a firearm that proximately
10 caused great bodily harm, permanent disability, permanent
11 disfigurement, or death to another person, 25 years or up
12 to a term of natural life shall be added to the term of
13 imprisonment imposed by the court.
14 (i) Definitions. For the purposes of this Section:
15 "Building or other structure used to provide shelter" has
16the meaning ascribed to "shelter" in Section 1 of the Domestic
17Violence Shelters Act.
18 "Domestic violence" has the meaning ascribed to it in
19Section 103 of the Illinois Domestic Violence Act of 1986.
20 "Domestic violence shelter" means any building or other
21structure used to provide shelter or other services to victims
22or to the dependent children of victims of domestic violence
23pursuant to the Illinois Domestic Violence Act of 1986 or the
24Domestic Violence Shelters Act, or any place within 500 feet of
25such a building or other structure in the case of a person who
26is going to or from such a building or other structure.

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1 "Firearm" has the meaning provided under Section 1.1 of the
2Firearm Owners Identification Card Act, and does not include an
3air rifle as defined by Section 24.8-0.1 of this Code.
4 "Machine gun" has the meaning ascribed to it in Section
524-1 of this Code.
6 "Merchant" has the meaning ascribed to it in Section 16-0.1
7of this Code.
8 "Strangle" means intentionally impeding the normal
9breathing or circulation of the blood of an individual by
10applying pressure on the throat or neck of that individual or
11by blocking the nose or mouth of that individual.
12(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.
131-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
14eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; revised
159-24-13.)
16 (720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
17 Sec. 12C-10. Child abandonment.
18 (a) A person commits child abandonment when he or she, as a
19parent, guardian, or other person having physical custody or
20control of a child, without regard for the mental or physical
21health, safety, or welfare of that child, knowingly leaves that
22child who is under the age of 13 without supervision by a
23responsible person over the age of 14 for a period of 24 hours
24or more. It is not a violation of this Section for a person to
25relinquish a child in accordance with the Abandoned Newborn

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1Infant Protection Act.
2 (b) For the purposes of determining whether the child was
3left without regard for the mental or physical health, safety,
4or welfare of that child, the trier of fact shall consider the
5following factors:
6 (1) the age of the child;
7 (2) the number of children left at the location;
8 (3) special needs of the child, including whether the
9 child is physically or mentally handicapped, or otherwise
10 in need of ongoing prescribed medical treatment such as
11 periodic doses of insulin or other medications;
12 (4) the duration of time in which the child was left
13 without supervision;
14 (5) the condition and location of the place where the
15 child was left without supervision;
16 (6) the time of day or night when the child was left
17 without supervision;
18 (7) the weather conditions, including whether the
19 child was left in a location with adequate protection from
20 the natural elements such as adequate heat or light;
21 (8) the location of the parent, guardian, or other
22 person having physical custody or control of the child at
23 the time the child was left without supervision, the
24 physical distance the child was from the parent, guardian,
25 or other person having physical custody or control of the
26 child at the time the child was without supervision;

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1 (9) whether the child's movement was restricted, or the
2 child was otherwise locked within a room or other
3 structure;
4 (10) whether the child was given a phone number of a
5 person or location to call in the event of an emergency and
6 whether the child was capable of making an emergency call;
7 (11) whether there was food and other provision left
8 for the child;
9 (12) whether any of the conduct is attributable to
10 economic hardship or illness and the parent, guardian or
11 other person having physical custody or control of the
12 child made a good faith effort to provide for the health
13 and safety of the child;
14 (13) the age and physical and mental capabilities of
15 the person or persons who provided supervision for the
16 child;
17 (14) any other factor that would endanger the health or
18 safety of that particular child;
19 (15) whether the child was left under the supervision
20 of another person.
21 (c) (d) Child abandonment is a Class 4 felony. A second or
22subsequent offense after a prior conviction is a Class 3
23felony. A parent, who is found to be in violation of this
24Section with respect to his or her child, may be sentenced to
25probation for this offense pursuant to Section 12C-15.
26(Source: P.A. 97-1109, eff. 1-1-13; revised 11-12-13.)

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1 (720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
2 Sec. 19-4. Criminal trespass to a residence.
3 (a) (1) A person commits criminal trespass to a residence
4when, without authority, he or she knowingly enters or remains
5within any residence, including a house trailer that is the
6dwelling place of another.
7 (2) A person commits criminal trespass to a residence when,
8without authority, he or she knowingly enters the residence of
9another and knows or has reason to know that one or more
10persons is present or he or she knowingly enters the residence
11of another and remains in the residence after he or she knows
12or has reason to know that one or more persons is present.
13 (a-5) (3) For purposes of this Section, in the case of a
14multi-unit residential building or complex, "residence" shall
15only include the portion of the building or complex which is
16the actual dwelling place of any person and shall not include
17such places as common recreational areas or lobbies.
18 (b) Sentence.
19 (1) Criminal trespass to a residence under paragraph
20 (1) of subsection (a) is a Class A misdemeanor.
21 (2) Criminal trespass to a residence under paragraph
22 (2) of subsection (a) is a Class 4 felony.
23(Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)
24 (720 ILCS 5/21-1.3)

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1 Sec. 21-1.3. Criminal defacement of property.
2 (a) A person commits criminal defacement of property when
3the person knowingly damages the property of another by
4defacing, deforming, or otherwise damaging the property by the
5use of paint or any other similar substance, or by the use of a
6writing instrument, etching tool, or any other similar device.
7It is an affirmative defense to a violation of this Section
8that the owner of the property damaged consented to such
9damage.
10 (b) Sentence.
11 (1) Criminal defacement of property is a Class A
12misdemeanor for a first offense when the aggregate value of the
13damage to the property does not exceed $300. Criminal
14defacement of property is a Class 4 felony when the aggregate
15value of the damage to property does not exceed $300 and the
16property damaged is a school building or place of worship or
17property which memorializes or honors an individual or group of
18police officers, fire fighters, members of the United States
19Armed Forces or , National Guard, or veterans. Criminal
20defacement of property is a Class 4 felony for a second or
21subsequent conviction or when the aggregate value of the damage
22to the property exceeds $300. Criminal defacement of property
23is a Class 3 felony when the aggregate value of the damage to
24property exceeds $300 and the property damaged is a school
25building or place of worship or property which memorializes or
26honors an individual or group of police officers, fire

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1fighters, members of the United States Armed Forces or ,
2National Guard, or veterans.
3 (2) In addition to any other sentence that may be imposed
4for a violation of this Section, a person convicted of criminal
5defacement of property shall:
6 (A) pay the actual costs incurred by the property owner
7 or the unit of government to abate, remediate, repair, or
8 remove the effect of the damage to the property. To the
9 extent permitted by law, reimbursement for the costs of
10 abatement, remediation, repair, or removal shall be
11 payable to the person who incurred the costs; and
12 (B) if convicted of criminal defacement of property
13 that is chargeable as a Class 3 or Class 4 felony, pay a
14 mandatory minimum fine of $500.
15 (3) In addition to any other sentence that may be imposed,
16a court shall order any person convicted of criminal defacement
17of property to perform community service for not less than 30
18and not more than 120 hours, if community service is available
19in the jurisdiction. The community service shall include, but
20need not be limited to, the cleanup and repair of the damage to
21property that was caused by the offense, or similar damage to
22property located in the municipality or county in which the
23offense occurred. When the property damaged is a school
24building, the community service may include cleanup, removal,
25or painting over the defacement. In addition, whenever any
26person is placed on supervision for an alleged offense under

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1this Section, the supervision shall be conditioned upon the
2performance of the community service.
3 (4) For the purposes of this subsection (b), aggregate
4value shall be determined by adding the value of the damage to
5one or more properties if the offenses were committed as part
6of a single course of conduct.
7(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14;
898-466, eff. 8-16-13; revised 9-24-13.)
9 (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
10 Sec. 31A-1.1. Bringing Contraband into a Penal
11Institution; Possessing Contraband in a Penal Institution.
12 (a) A person commits bringing contraband into a penal
13institution when he or she knowingly and without authority of
14any person designated or authorized to grant this authority (1)
15brings an item of contraband into a penal institution or (2)
16causes another to bring an item of contraband into a penal
17institution or (3) places an item of contraband in such
18proximity to a penal institution as to give an inmate access to
19the contraband.
20 (b) A person commits possessing contraband in a penal
21institution when he or she knowingly possesses contraband in a
22penal institution, regardless of the intent with which he or
23she possesses it.
24 (c) (Blank).
25 (d) Sentence.

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1 (1) Bringing into or possessing alcoholic liquor in a
2 penal institution is a Class 4 felony.
3 (2) Bringing into or possessing cannabis in a penal
4 institution is a Class 3 felony.
5 (3) Bringing into or possessing any amount of a
6 controlled substance classified in Schedules III, IV or V
7 of Article II of the Illinois Controlled Substances
8 Substance Act in a penal institution is a Class 2 felony.
9 (4) Bringing into or possessing any amount of a
10 controlled substance classified in Schedules I or II of
11 Article II of the Illinois Controlled Substances Substance
12 Act in a penal institution is a Class 1 felony.
13 (5) Bringing into or possessing a hypodermic syringe in
14 a penal institution is a Class 1 felony.
15 (6) Bringing into or possessing a weapon, tool to
16 defeat security mechanisms, cutting tool, or electronic
17 contraband in a penal institution is a Class 1 felony.
18 (7) Bringing into or possessing a firearm, firearm
19 ammunition, or explosive in a penal institution is a Class
20 X felony.
21 (e) It shall be an affirmative defense to subsection (b),
22that the possession was specifically authorized by rule,
23regulation, or directive of the governing authority of the
24penal institution or order issued under it.
25 (f) It shall be an affirmative defense to subsection (a)(1)
26and subsection (b) that the person bringing into or possessing

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1contraband in a penal institution had been arrested, and that
2person possessed the contraband at the time of his or her
3arrest, and that the contraband was brought into or possessed
4in the penal institution by that person as a direct and
5immediate result of his or her arrest.
6 (g) Items confiscated may be retained for use by the
7Department of Corrections or disposed of as deemed appropriate
8by the Chief Administrative Officer in accordance with
9Department rules or disposed of as required by law.
10(Source: P.A. 96-1112, eff. 1-1-11; 97-1108, eff. 1-1-13;
11revised 11-12-13.)
12 (720 ILCS 5/33-1) (from Ch. 38, par. 33-1)
13 Sec. 33-1. Bribery. A person commits bribery when:
14 (a) With intent to influence the performance of any act
15 related to the employment or function of any public
16 officer, public employee, juror or witness, he or she
17 promises or tenders to that person any property or personal
18 advantage which he or she is not authorized by law to
19 accept; or
20 (b) With intent to influence the performance of any act
21 related to the employment or function of any public
22 officer, public employee, juror or witness, he or she
23 promises or tenders to one whom he or she believes to be a
24 public officer, public employee, juror or witness, any
25 property or personal advantage which a public officer,

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1 public employee, juror or witness would not be authorized
2 by law to accept; or
3 (c) With intent to cause any person to influence the
4 performance of any act related to the employment or
5 function of any public officer, public employee, juror or
6 witness, he or she promises or tenders to that person any
7 property or personal advantage which he or she is not
8 authorized by law to accept; or
9 (d) He or she receives, retains or agrees to accept any
10 property or personal advantage which he or she is not
11 authorized by law to accept knowing that the property or
12 personal advantage was promised or tendered with intent to
13 cause him or her to influence the performance of any act
14 related to the employment or function of any public
15 officer, public employee, juror or witness; or
16 (e) He or she solicits, receives, retains, or agrees to
17 accept any property or personal advantage pursuant to an
18 understanding that he or she shall improperly influence or
19 attempt to influence the performance of any act related to
20 the employment or function of any public officer, public
21 employee, juror or witness.
22 (f) As used in this Section, "tenders" means any delivery
23or proffer made with the requisite intent.
24 (g) Sentence. Bribery is a Class 2 felony.
25(Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)

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1 (720 ILCS 5/33E-18)
2 Sec. 33E-18. Unlawful stringing of bids.
3 (a) A person commits unlawful stringing of bids when he or
4she, with the intent to evade the bidding requirements of any
5unit of local government or school district, knowingly strings
6or assists in stringing, or attempts to string any contract or
7job order with the unit of local government or school district.
8 (b) Sentence. Unlawful stringing of bids is a Class 4
9felony.
10(Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)
11 Section 700. The Cannabis Control Act is amended by
12changing Section 15.1 as follows:
13 (720 ILCS 550/15.1) (from Ch. 56 1/2, par. 715.1)
14 Sec. 15.1. (a) If any cannabis derivative is designated or
15rescheduled as a controlled substance under federal law and
16notice thereof is given to the Department, the Department shall
17similarly control the substance under the Illinois Controlled
18Substances Act after the expiration of 30 days from publication
19in the Federal Register of a final order designating a
20substance as a controlled substance or rescheduling a substance
21unless within that 30 day period the Department objects, or a
22party adversely affected files with the Department substantial
23written objections to inclusion or rescheduling. In that case,
24the Department shall publish the reasons for objection or the

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1substantial written objections and afford all interested
2parties an opportunity to be heard. At the conclusion of the
3hearing, the Department shall publish its decision, by means of
4a rule, which shall be final unless altered by statute. Upon
5publication of objections by the Department, similar control
6under the Illinois Controlled Substances Act whether by
7inclusion or rescheduling is suspended until the Department
8publishes its ruling.
9 (b) If any cannabis derivative is deleted as a controlled
10substance under Federal law and notice thereof is given to the
11Department, the Department shall similarly control the
12substance under this Act after the expiration of 30 days from
13publication in the Federal Register of a final order deleting a
14substance as a controlled substance or rescheduling a substance
15unless within that 30 day period the Department objects, or a
16party adversely affected files with the Department substantial
17written objections to inclusion or rescheduling. In that case,
18the Department shall publish the reasons for objection or the
19substantial written objections and afford all interested
20parties an opportunity to be heard. At the conclusion of the
21hearing, the Department shall publish its decision, by means of
22a rule, which shall be final unless altered by statute. Upon
23publication of objections by the Department, similar control
24under this Act whether by inclusion or rescheduling is
25suspended until the Department publishes its ruling.
26 (c) Cannabis derivatives are deemed to be regulated under

HB5597- 1710 -LRB098 15874 AMC 50917 b
1this Act until such time as those derivatives are scheduled as
2provided for under the Illinois Controlled Substances Act.
3Following such scheduling, those derivatives shall be excepted
4from this Act and shall be regulated pursuant to the Illinois
5Controlled Substances Act. At such time that any derivative is
6deleted from schedules provided for under the Illinois
7Controlled Substances Substance Act, that derivative shall be
8regulated pursuant to this Act.
9(Source: P.A. 84-1313; 84-1362; revised 11-12-13.)
10 Section 705. The Illinois Controlled Substances Act is
11amended by changing Sections 102 and 201 as follows:
12 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
13 Sec. 102. Definitions. As used in this Act, unless the
14context otherwise requires:
15 (a) "Addict" means any person who habitually uses any drug,
16chemical, substance or dangerous drug other than alcohol so as
17to endanger the public morals, health, safety or welfare or who
18is so far addicted to the use of a dangerous drug or controlled
19substance other than alcohol as to have lost the power of self
20control with reference to his or her addiction.
21 (b) "Administer" means the direct application of a
22controlled substance, whether by injection, inhalation,
23ingestion, or any other means, to the body of a patient,
24research subject, or animal (as defined by the Humane

HB5597- 1711 -LRB098 15874 AMC 50917 b
1Euthanasia in Animal Shelters Act) by:
2 (1) a practitioner (or, in his or her presence, by his
3 or her authorized agent),
4 (2) the patient or research subject pursuant to an
5 order, or
6 (3) a euthanasia technician as defined by the Humane
7 Euthanasia in Animal Shelters Act.
8 (c) "Agent" means an authorized person who acts on behalf
9of or at the direction of a manufacturer, distributor,
10dispenser, prescriber, or practitioner. It does not include a
11common or contract carrier, public warehouseman or employee of
12the carrier or warehouseman.
13 (c-1) "Anabolic Steroids" means any drug or hormonal
14substance, chemically and pharmacologically related to
15testosterone (other than estrogens, progestins,
16corticosteroids, and dehydroepiandrosterone), and includes:
17 (i) 3[beta],17-dihydroxy-5a-androstane,
18 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
19 (iii) 5[alpha]-androstan-3,17-dione,
20 (iv) 1-androstenediol (3[beta],
21 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
22 (v) 1-androstenediol (3[alpha],
23 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
24 (vi) 4-androstenediol
25 (3[beta],17[beta]-dihydroxy-androst-4-ene),
26 (vii) 5-androstenediol

HB5597- 1712 -LRB098 15874 AMC 50917 b
1 (3[beta],17[beta]-dihydroxy-androst-5-ene),
2 (viii) 1-androstenedione
3 ([5alpha]-androst-1-en-3,17-dione),
4 (ix) 4-androstenedione
5 (androst-4-en-3,17-dione),
6 (x) 5-androstenedione
7 (androst-5-en-3,17-dione),
8 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
9 hydroxyandrost-4-en-3-one),
10 (xii) boldenone (17[beta]-hydroxyandrost-
11 1,4,-diene-3-one),
12 (xiii) boldione (androsta-1,4-
13 diene-3,17-dione),
14 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
15 [beta]-hydroxyandrost-4-en-3-one),
16 (xv) clostebol (4-chloro-17[beta]-
17 hydroxyandrost-4-en-3-one),
18 (xvi) dehydrochloromethyltestosterone (4-chloro-
19 17[beta]-hydroxy-17[alpha]-methyl-
20 androst-1,4-dien-3-one),
21 (xvii) desoxymethyltestosterone
22 (17[alpha]-methyl-5[alpha]
23 -androst-2-en-17[beta]-ol)(a.k.a., madol),
24 (xviii) [delta]1-dihydrotestosterone (a.k.a.
25 '1-testosterone') (17[beta]-hydroxy-
26 5[alpha]-androst-1-en-3-one),

HB5597- 1713 -LRB098 15874 AMC 50917 b
1 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
2 androstan-3-one),
3 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
4 5[alpha]-androstan-3-one),
5 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
6 hydroxyestr-4-ene),
7 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
8 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
9 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
10 17[beta]-dihydroxyandrost-1,4-dien-3-one),
11 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
12 hydroxyandrostano[2,3-c]-furazan),
13 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
14 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
15 androst-4-en-3-one),
16 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
17 dihydroxy-estr-4-en-3-one),
18 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
19 hydroxy-5-androstan-3-one),
20 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
21 [5a]-androstan-3-one),
22 (xxx) methandienone (17[alpha]-methyl-17[beta]-
23 hydroxyandrost-1,4-dien-3-one),
24 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
25 dihydroxyandrost-5-ene),
26 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-

HB5597- 1714 -LRB098 15874 AMC 50917 b
1 5[alpha]-androst-1-en-3-one),
2 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
3 dihydroxy-5a-androstane),
4 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
5 -5a-androstane),
6 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
7 dihydroxyandrost-4-ene),
8 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
9 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
10 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
11 hydroxyestra-4,9(10)-dien-3-one),
12 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
13 hydroxyestra-4,9-11-trien-3-one),
14 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
15 hydroxyandrost-4-en-3-one),
16 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
17 hydroxyestr-4-en-3-one),
18 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
19 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
20 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
21 1-testosterone'),
22 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
23 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
24 dihydroxyestr-4-ene),
25 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
26 dihydroxyestr-4-ene),

HB5597- 1715 -LRB098 15874 AMC 50917 b
1 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
2 dihydroxyestr-5-ene),
3 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
4 dihydroxyestr-5-ene),
5 (xlvii) 19-nor-4,9(10)-androstadienedione
6 (estra-4,9(10)-diene-3,17-dione),
7 (xlviii) 19-nor-4-androstenedione (estr-4-
8 en-3,17-dione),
9 (xlix) 19-nor-5-androstenedione (estr-5-
10 en-3,17-dione),
11 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
12 hydroxygon-4-en-3-one),
13 (li) norclostebol (4-chloro-17[beta]-
14 hydroxyestr-4-en-3-one),
15 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-
16 hydroxyestr-4-en-3-one),
17 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
18 hydroxyestr-4-en-3-one),
19 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
20 2-oxa-5[alpha]-androstan-3-one),
21 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
22 dihydroxyandrost-4-en-3-one),
23 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
24 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
25 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
26 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),

HB5597- 1716 -LRB098 15874 AMC 50917 b
1 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
2 (5[alpha]-androst-1-en-3-one),
3 (lix) testolactone (13-hydroxy-3-oxo-13,17-
4 secoandrosta-1,4-dien-17-oic
5 acid lactone),
6 (lx) testosterone (17[beta]-hydroxyandrost-
7 4-en-3-one),
8 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
9 diethyl-17[beta]-hydroxygon-
10 4,9,11-trien-3-one),
11 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
12 11-trien-3-one).
13 Any person who is otherwise lawfully in possession of an
14anabolic steroid, or who otherwise lawfully manufactures,
15distributes, dispenses, delivers, or possesses with intent to
16deliver an anabolic steroid, which anabolic steroid is
17expressly intended for and lawfully allowed to be administered
18through implants to livestock or other nonhuman species, and
19which is approved by the Secretary of Health and Human Services
20for such administration, and which the person intends to
21administer or have administered through such implants, shall
22not be considered to be in unauthorized possession or to
23unlawfully manufacture, distribute, dispense, deliver, or
24possess with intent to deliver such anabolic steroid for
25purposes of this Act.
26 (d) "Administration" means the Drug Enforcement

HB5597- 1717 -LRB098 15874 AMC 50917 b
1Administration, United States Department of Justice, or its
2successor agency.
3 (d-5) "Clinical Director, Prescription Monitoring Program"
4means a Department of Human Services administrative employee
5licensed to either prescribe or dispense controlled substances
6who shall run the clinical aspects of the Department of Human
7Services Prescription Monitoring Program and its Prescription
8Information Library.
9 (d-10) "Compounding" means the preparation and mixing of
10components, excluding flavorings, (1) as the result of a
11prescriber's prescription drug order or initiative based on the
12prescriber-patient-pharmacist relationship in the course of
13professional practice or (2) for the purpose of, or incident
14to, research, teaching, or chemical analysis and not for sale
15or dispensing. "Compounding" includes the preparation of drugs
16or devices in anticipation of receiving prescription drug
17orders based on routine, regularly observed dispensing
18patterns. Commercially available products may be compounded
19for dispensing to individual patients only if both of the
20following conditions are met: (i) the commercial product is not
21reasonably available from normal distribution channels in a
22timely manner to meet the patient's needs and (ii) the
23prescribing practitioner has requested that the drug be
24compounded.
25 (e) "Control" means to add a drug or other substance, or
26immediate precursor, to a Schedule whether by transfer from

HB5597- 1718 -LRB098 15874 AMC 50917 b
1another Schedule or otherwise.
2 (f) "Controlled Substance" means (i) a drug, substance, or
3immediate precursor in the Schedules of Article II of this Act
4or (ii) a drug or other substance, or immediate precursor,
5designated as a controlled substance by the Department through
6administrative rule. The term does not include distilled
7spirits, wine, malt beverages, or tobacco, as those terms are
8defined or used in the Liquor Control Act of 1934 and the
9Tobacco Products Tax Act of 1995.
10 (f-5) "Controlled substance analog" means a substance:
11 (1) the chemical structure of which is substantially
12 similar to the chemical structure of a controlled substance
13 in Schedule I or II;
14 (2) which has a stimulant, depressant, or
15 hallucinogenic effect on the central nervous system that is
16 substantially similar to or greater than the stimulant,
17 depressant, or hallucinogenic effect on the central
18 nervous system of a controlled substance in Schedule I or
19 II; or
20 (3) with respect to a particular person, which such
21 person represents or intends to have a stimulant,
22 depressant, or hallucinogenic effect on the central
23 nervous system that is substantially similar to or greater
24 than the stimulant, depressant, or hallucinogenic effect
25 on the central nervous system of a controlled substance in
26 Schedule I or II.

HB5597- 1719 -LRB098 15874 AMC 50917 b
1 (g) "Counterfeit substance" means a controlled substance,
2which, or the container or labeling of which, without
3authorization bears the trademark, trade name, or other
4identifying mark, imprint, number or device, or any likeness
5thereof, of a manufacturer, distributor, or dispenser other
6than the person who in fact manufactured, distributed, or
7dispensed the substance.
8 (h) "Deliver" or "delivery" means the actual, constructive
9or attempted transfer of possession of a controlled substance,
10with or without consideration, whether or not there is an
11agency relationship.
12 (i) "Department" means the Illinois Department of Human
13Services (as successor to the Department of Alcoholism and
14Substance Abuse) or its successor agency.
15 (j) (Blank).
16 (k) "Department of Corrections" means the Department of
17Corrections of the State of Illinois or its successor agency.
18 (l) "Department of Financial and Professional Regulation"
19means the Department of Financial and Professional Regulation
20of the State of Illinois or its successor agency.
21 (m) "Depressant" means any drug that (i) causes an overall
22depression of central nervous system functions, (ii) causes
23impaired consciousness and awareness, and (iii) can be
24habit-forming or lead to a substance abuse problem, including
25but not limited to alcohol, cannabis and its active principles
26and their analogs, benzodiazepines and their analogs,

HB5597- 1720 -LRB098 15874 AMC 50917 b
1barbiturates and their analogs, opioids (natural and
2synthetic) and their analogs, and chloral hydrate and similar
3sedative hypnotics.
4 (n) (Blank).
5 (o) "Director" means the Director of the Illinois State
6Police or his or her designated agents.
7 (p) "Dispense" means to deliver a controlled substance to
8an ultimate user or research subject by or pursuant to the
9lawful order of a prescriber, including the prescribing,
10administering, packaging, labeling, or compounding necessary
11to prepare the substance for that delivery.
12 (q) "Dispenser" means a practitioner who dispenses.
13 (r) "Distribute" means to deliver, other than by
14administering or dispensing, a controlled substance.
15 (s) "Distributor" means a person who distributes.
16 (t) "Drug" means (1) substances recognized as drugs in the
17official United States Pharmacopoeia, Official Homeopathic
18Pharmacopoeia of the United States, or official National
19Formulary, or any supplement to any of them; (2) substances
20intended for use in diagnosis, cure, mitigation, treatment, or
21prevention of disease in man or animals; (3) substances (other
22than food) intended to affect the structure of any function of
23the body of man or animals and (4) substances intended for use
24as a component of any article specified in clause (1), (2), or
25(3) of this subsection. It does not include devices or their
26components, parts, or accessories.

HB5597- 1721 -LRB098 15874 AMC 50917 b
1 (t-5) "Euthanasia agency" means an entity certified by the
2Department of Financial and Professional Regulation for the
3purpose of animal euthanasia that holds an animal control
4facility license or animal shelter license under the Animal
5Welfare Act. A euthanasia agency is authorized to purchase,
6store, possess, and utilize Schedule II nonnarcotic and
7Schedule III nonnarcotic drugs for the sole purpose of animal
8euthanasia.
9 (t-10) "Euthanasia drugs" means Schedule II or Schedule III
10substances (nonnarcotic controlled substances) that are used
11by a euthanasia agency for the purpose of animal euthanasia.
12 (u) "Good faith" means the prescribing or dispensing of a
13controlled substance by a practitioner in the regular course of
14professional treatment to or for any person who is under his or
15her treatment for a pathology or condition other than that
16individual's physical or psychological dependence upon or
17addiction to a controlled substance, except as provided herein:
18and application of the term to a pharmacist shall mean the
19dispensing of a controlled substance pursuant to the
20prescriber's order which in the professional judgment of the
21pharmacist is lawful. The pharmacist shall be guided by
22accepted professional standards including, but not limited to
23the following, in making the judgment:
24 (1) lack of consistency of prescriber-patient
25 relationship,
26 (2) frequency of prescriptions for same drug by one

HB5597- 1722 -LRB098 15874 AMC 50917 b
1 prescriber for large numbers of patients,
2 (3) quantities beyond those normally prescribed,
3 (4) unusual dosages (recognizing that there may be
4 clinical circumstances where more or less than the usual
5 dose may be used legitimately),
6 (5) unusual geographic distances between patient,
7 pharmacist and prescriber,
8 (6) consistent prescribing of habit-forming drugs.
9 (u-0.5) "Hallucinogen" means a drug that causes markedly
10altered sensory perception leading to hallucinations of any
11type.
12 (u-1) "Home infusion services" means services provided by a
13pharmacy in compounding solutions for direct administration to
14a patient in a private residence, long-term care facility, or
15hospice setting by means of parenteral, intravenous,
16intramuscular, subcutaneous, or intraspinal infusion.
17 (u-5) "Illinois State Police" means the State Police of the
18State of Illinois, or its successor agency.
19 (v) "Immediate precursor" means a substance:
20 (1) which the Department has found to be and by rule
21 designated as being a principal compound used, or produced
22 primarily for use, in the manufacture of a controlled
23 substance;
24 (2) which is an immediate chemical intermediary used or
25 likely to be used in the manufacture of such controlled
26 substance; and

HB5597- 1723 -LRB098 15874 AMC 50917 b
1 (3) the control of which is necessary to prevent,
2 curtail or limit the manufacture of such controlled
3 substance.
4 (w) "Instructional activities" means the acts of teaching,
5educating or instructing by practitioners using controlled
6substances within educational facilities approved by the State
7Board of Education or its successor agency.
8 (x) "Local authorities" means a duly organized State,
9County or Municipal peace unit or police force.
10 (y) "Look-alike substance" means a substance, other than a
11controlled substance which (1) by overall dosage unit
12appearance, including shape, color, size, markings or lack
13thereof, taste, consistency, or any other identifying physical
14characteristic of the substance, would lead a reasonable person
15to believe that the substance is a controlled substance, or (2)
16is expressly or impliedly represented to be a controlled
17substance or is distributed under circumstances which would
18lead a reasonable person to believe that the substance is a
19controlled substance. For the purpose of determining whether
20the representations made or the circumstances of the
21distribution would lead a reasonable person to believe the
22substance to be a controlled substance under this clause (2) of
23subsection (y), the court or other authority may consider the
24following factors in addition to any other factor that may be
25relevant:
26 (a) statements made by the owner or person in control

HB5597- 1724 -LRB098 15874 AMC 50917 b
1 of the substance concerning its nature, use or effect;
2 (b) statements made to the buyer or recipient that the
3 substance may be resold for profit;
4 (c) whether the substance is packaged in a manner
5 normally used for the illegal distribution of controlled
6 substances;
7 (d) whether the distribution or attempted distribution
8 included an exchange of or demand for money or other
9 property as consideration, and whether the amount of the
10 consideration was substantially greater than the
11 reasonable retail market value of the substance.
12 Clause (1) of this subsection (y) shall not apply to a
13noncontrolled substance in its finished dosage form that was
14initially introduced into commerce prior to the initial
15introduction into commerce of a controlled substance in its
16finished dosage form which it may substantially resemble.
17 Nothing in this subsection (y) prohibits the dispensing or
18distributing of noncontrolled substances by persons authorized
19to dispense and distribute controlled substances under this
20Act, provided that such action would be deemed to be carried
21out in good faith under subsection (u) if the substances
22involved were controlled substances.
23 Nothing in this subsection (y) or in this Act prohibits the
24manufacture, preparation, propagation, compounding,
25processing, packaging, advertising or distribution of a drug or
26drugs by any person registered pursuant to Section 510 of the

HB5597- 1725 -LRB098 15874 AMC 50917 b
1Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
2 (y-1) "Mail-order pharmacy" means a pharmacy that is
3located in a state of the United States that delivers,
4dispenses or distributes, through the United States Postal
5Service or other common carrier, to Illinois residents, any
6substance which requires a prescription.
7 (z) "Manufacture" means the production, preparation,
8propagation, compounding, conversion or processing of a
9controlled substance other than methamphetamine, either
10directly or indirectly, by extraction from substances of
11natural origin, or independently by means of chemical
12synthesis, or by a combination of extraction and chemical
13synthesis, and includes any packaging or repackaging of the
14substance or labeling of its container, except that this term
15does not include:
16 (1) by an ultimate user, the preparation or compounding
17 of a controlled substance for his or her own use; or
18 (2) by a practitioner, or his or her authorized agent
19 under his or her supervision, the preparation,
20 compounding, packaging, or labeling of a controlled
21 substance:
22 (a) as an incident to his or her administering or
23 dispensing of a controlled substance in the course of
24 his or her professional practice; or
25 (b) as an incident to lawful research, teaching or
26 chemical analysis and not for sale.

HB5597- 1726 -LRB098 15874 AMC 50917 b
1 (z-1) (Blank).
2 (z-5) "Medication shopping" means the conduct prohibited
3under subsection (a) of Section 314.5 of this Act.
4 (z-10) "Mid-level practitioner" means (i) a physician
5assistant who has been delegated authority to prescribe through
6a written delegation of authority by a physician licensed to
7practice medicine in all of its branches, in accordance with
8Section 7.5 of the Physician Assistant Practice Act of 1987,
9(ii) an advanced practice nurse who has been delegated
10authority to prescribe through a written delegation of
11authority by a physician licensed to practice medicine in all
12of its branches or by a podiatric physician, in accordance with
13Section 65-40 of the Nurse Practice Act, or (iii) an animal
14euthanasia agency.
15 (aa) "Narcotic drug" means any of the following, whether
16produced directly or indirectly by extraction from substances
17of vegetable origin, or independently by means of chemical
18synthesis, or by a combination of extraction and chemical
19synthesis:
20 (1) opium, opiates, derivatives of opium and opiates,
21 including their isomers, esters, ethers, salts, and salts
22 of isomers, esters, and ethers, whenever the existence of
23 such isomers, esters, ethers, and salts is possible within
24 the specific chemical designation; however the term
25 "narcotic drug" does not include the isoquinoline
26 alkaloids of opium;

HB5597- 1727 -LRB098 15874 AMC 50917 b
1 (2) (blank);
2 (3) opium poppy and poppy straw;
3 (4) coca leaves, except coca leaves and extracts of
4 coca leaves from which substantially all of the cocaine and
5 ecgonine, and their isomers, derivatives and salts, have
6 been removed;
7 (5) cocaine, its salts, optical and geometric isomers,
8 and salts of isomers;
9 (6) ecgonine, its derivatives, their salts, isomers,
10 and salts of isomers;
11 (7) any compound, mixture, or preparation which
12 contains any quantity of any of the substances referred to
13 in subparagraphs (1) through (6).
14 (bb) "Nurse" means a registered nurse licensed under the
15Nurse Practice Act.
16 (cc) (Blank).
17 (dd) "Opiate" means any substance having an addiction
18forming or addiction sustaining liability similar to morphine
19or being capable of conversion into a drug having addiction
20forming or addiction sustaining liability.
21 (ee) "Opium poppy" means the plant of the species Papaver
22somniferum L., except its seeds.
23 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
24solution or other liquid form of medication intended for
25administration by mouth, but the term does not include a form
26of medication intended for buccal, sublingual, or transmucosal

HB5597- 1728 -LRB098 15874 AMC 50917 b
1administration.
2 (ff) "Parole and Pardon Board" means the Parole and Pardon
3Board of the State of Illinois or its successor agency.
4 (gg) "Person" means any individual, corporation,
5mail-order pharmacy, government or governmental subdivision or
6agency, business trust, estate, trust, partnership or
7association, or any other entity.
8 (hh) "Pharmacist" means any person who holds a license or
9certificate of registration as a registered pharmacist, a local
10registered pharmacist or a registered assistant pharmacist
11under the Pharmacy Practice Act.
12 (ii) "Pharmacy" means any store, ship or other place in
13which pharmacy is authorized to be practiced under the Pharmacy
14Practice Act.
15 (ii-5) "Pharmacy shopping" means the conduct prohibited
16under subsection (b) of Section 314.5 of this Act.
17 (ii-10) "Physician" (except when the context otherwise
18requires) means a person licensed to practice medicine in all
19of its branches.
20 (jj) "Poppy straw" means all parts, except the seeds, of
21the opium poppy, after mowing.
22 (kk) "Practitioner" means a physician licensed to practice
23medicine in all its branches, dentist, optometrist, podiatric
24physician, veterinarian, scientific investigator, pharmacist,
25physician assistant, advanced practice nurse, licensed
26practical nurse, registered nurse, hospital, laboratory, or

HB5597- 1729 -LRB098 15874 AMC 50917 b
1pharmacy, or other person licensed, registered, or otherwise
2lawfully permitted by the United States or this State to
3distribute, dispense, conduct research with respect to,
4administer or use in teaching or chemical analysis, a
5controlled substance in the course of professional practice or
6research.
7 (ll) "Pre-printed prescription" means a written
8prescription upon which the designated drug has been indicated
9prior to the time of issuance; the term does not mean a written
10prescription that is individually generated by machine or
11computer in the prescriber's office.
12 (mm) "Prescriber" means a physician licensed to practice
13medicine in all its branches, dentist, optometrist, podiatric
14physician or veterinarian who issues a prescription, a
15physician assistant who issues a prescription for a controlled
16substance in accordance with Section 303.05, a written
17delegation, and a written supervision agreement required under
18Section 7.5 of the Physician Assistant Practice Act of 1987, or
19an advanced practice nurse with prescriptive authority
20delegated under Section 65-40 of the Nurse Practice Act and in
21accordance with Section 303.05, a written delegation, and a
22written collaborative agreement under Section 65-35 of the
23Nurse Practice Act.
24 (nn) "Prescription" means a written, facsimile, or oral
25order, or an electronic order that complies with applicable
26federal requirements, of a physician licensed to practice

HB5597- 1730 -LRB098 15874 AMC 50917 b
1medicine in all its branches, dentist, podiatric physician or
2veterinarian for any controlled substance, of an optometrist
3for a Schedule III, IV, or V controlled substance in accordance
4with Section 15.1 of the Illinois Optometric Practice Act of
51987, of a physician assistant for a controlled substance in
6accordance with Section 303.05, a written delegation, and a
7written supervision agreement required under Section 7.5 of the
8Physician Assistant Practice Act of 1987, or of an advanced
9practice nurse with prescriptive authority delegated under
10Section 65-40 of the Nurse Practice Act who issues a
11prescription for a controlled substance in accordance with
12Section 303.05, a written delegation, and a written
13collaborative agreement under Section 65-35 of the Nurse
14Practice Act when required by law.
15 (nn-5) "Prescription Information Library" (PIL) means an
16electronic library that contains reported controlled substance
17data.
18 (nn-10) "Prescription Monitoring Program" (PMP) means the
19entity that collects, tracks, and stores reported data on
20controlled substances and select drugs pursuant to Section 316.
21 (oo) "Production" or "produce" means manufacture,
22planting, cultivating, growing, or harvesting of a controlled
23substance other than methamphetamine.
24 (pp) "Registrant" means every person who is required to
25register under Section 302 of this Act.
26 (qq) "Registry number" means the number assigned to each

HB5597- 1731 -LRB098 15874 AMC 50917 b
1person authorized to handle controlled substances under the
2laws of the United States and of this State.
3 (qq-5) "Secretary" means, as the context requires, either
4the Secretary of the Department or the Secretary of the
5Department of Financial and Professional Regulation, and the
6Secretary's designated agents.
7 (rr) "State" includes the State of Illinois and any state,
8district, commonwealth, territory, insular possession thereof,
9and any area subject to the legal authority of the United
10States of America.
11 (rr-5) "Stimulant" means any drug that (i) causes an
12overall excitation of central nervous system functions, (ii)
13causes impaired consciousness and awareness, and (iii) can be
14habit-forming or lead to a substance abuse problem, including
15but not limited to amphetamines and their analogs,
16methylphenidate and its analogs, cocaine, and phencyclidine
17and its analogs.
18 (ss) "Ultimate user" means a person who lawfully possesses
19a controlled substance for his or her own use or for the use of
20a member of his or her household or for administering to an
21animal owned by him or her or by a member of his or her
22household.
23(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised
2411-12-13.)
25 (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)

HB5597- 1732 -LRB098 15874 AMC 50917 b
1 Sec. 201. (a) The Department shall carry out the provisions
2of this Article. The Department or its successor agency may, by
3administrative rule, add additional substances to or delete or
4reschedule all controlled substances in the Schedules of
5Sections 204, 206, 208, 210 and 212 of this Act. In making a
6determination regarding the addition, deletion, or
7rescheduling of a substance, the Department shall consider the
8following:
9 (1) the actual or relative potential for abuse;
10 (2) the scientific evidence of its pharmacological
11 effect, if known;
12 (3) the state of current scientific knowledge
13 regarding the substance;
14 (4) the history and current pattern of abuse;
15 (5) the scope, duration, and significance of abuse;
16 (6) the risk to the public health;
17 (7) the potential of the substance to produce
18 psychological or physiological dependence;
19 (8) whether the substance is an immediate precursor of
20 a substance already controlled under this Article;
21 (9) the immediate harmful effect in terms of
22 potentially fatal dosage; and
23 (10) the long-range effects in terms of permanent
24 health impairment.
25 (b) (Blank).
26 (c) (Blank).

HB5597- 1733 -LRB098 15874 AMC 50917 b
1 (d) If any substance is scheduled, rescheduled, or deleted
2as a controlled substance under Federal law and notice thereof
3is given to the Department, the Department shall similarly
4control the substance under this Act after the expiration of 30
5days from publication in the Federal Register of a final order
6scheduling a substance as a controlled substance or
7rescheduling or deleting a substance, unless within that 30 day
8period the Department objects, or a party adversely affected
9files with the Department substantial written objections
10objecting to inclusion, rescheduling, or deletion. In that
11case, the Department shall publish the reasons for objection or
12the substantial written objections and afford all interested
13parties an opportunity to be heard. At the conclusion of the
14hearing, the Department shall publish its decision, by means of
15a rule, which shall be final unless altered by statute. Upon
16publication of objections by the Department, similar control
17under this Act whether by inclusion, rescheduling or deletion
18is stayed until the Department publishes its ruling.
19 (e) (Blank).
20 (f) (Blank).
21 (g) Authority to control under this Section does not extend
22to distilled spirits, wine, malt beverages, or tobacco as those
23terms are defined or used in the Liquor Control Act of 1934 and
24the Tobacco Products Tax Act of 1995.
25 (h) Persons registered with the Drug Enforcement
26Administration to manufacture or distribute controlled

HB5597- 1734 -LRB098 15874 AMC 50917 b
1substances shall maintain adequate security and provide
2effective controls and procedures to guard against theft and
3diversion, but shall not otherwise be required to meet the
4physical security control requirements (such as cage or vault)
5for Schedule V controlled substances containing
6pseudoephedrine or Schedule II controlled substances
7containing dextromethorphan.
8(Source: P.A. 97-334, eff. 1-1-12; revised 11-12-13.)
9 Section 710. The Rights of Crime Victims and Witnesses Act
10is amended by changing Section 4.5 as follows:
11 (725 ILCS 120/4.5)
12 Sec. 4.5. Procedures to implement the rights of crime
13victims. To afford crime victims their rights, law enforcement,
14prosecutors, judges and corrections will provide information,
15as appropriate of the following procedures:
16 (a) At the request of the crime victim, law enforcement
17authorities investigating the case shall provide notice of the
18status of the investigation, except where the State's Attorney
19determines that disclosure of such information would
20unreasonably interfere with the investigation, until such time
21as the alleged assailant is apprehended or the investigation is
22closed.
23 (a-5) When law enforcement authorities re-open a closed
24case to resume investigating, they shall provide notice of the

HB5597- 1735 -LRB098 15874 AMC 50917 b
1re-opening of the case, except where the State's Attorney
2determines that disclosure of such information would
3unreasonably interfere with the investigation.
4 (b) The office of the State's Attorney:
5 (1) shall provide notice of the filing of information,
6 the return of an indictment by which a prosecution for any
7 violent crime is commenced, or the filing of a petition to
8 adjudicate a minor as a delinquent for a violent crime;
9 (2) shall provide notice of the date, time, and place
10 of trial;
11 (3) or victim advocate personnel shall provide
12 information of social services and financial assistance
13 available for victims of crime, including information of
14 how to apply for these services and assistance;
15 (3.5) or victim advocate personnel shall provide
16 information about available victim services, including
17 referrals to programs, counselors, and agencies that
18 assist a victim to deal with trauma, loss, and grief;
19 (4) shall assist in having any stolen or other personal
20 property held by law enforcement authorities for
21 evidentiary or other purposes returned as expeditiously as
22 possible, pursuant to the procedures set out in Section
23 115-9 of the Code of Criminal Procedure of 1963;
24 (5) or victim advocate personnel shall provide
25 appropriate employer intercession services to ensure that
26 employers of victims will cooperate with the criminal

HB5597- 1736 -LRB098 15874 AMC 50917 b
1 justice system in order to minimize an employee's loss of
2 pay and other benefits resulting from court appearances;
3 (6) shall provide information whenever possible, of a
4 secure waiting area during court proceedings that does not
5 require victims to be in close proximity to defendant or
6 juveniles accused of a violent crime, and their families
7 and friends;
8 (7) shall provide notice to the crime victim of the
9 right to have a translator present at all court proceedings
10 and, in compliance with the federal Americans with
11 Disabilities Act of 1990, the right to communications
12 access through a sign language interpreter or by other
13 means;
14 (8) in the case of the death of a person, which death
15 occurred in the same transaction or occurrence in which
16 acts occurred for which a defendant is charged with an
17 offense, shall notify the spouse, parent, child or sibling
18 of the decedent of the date of the trial of the person or
19 persons allegedly responsible for the death;
20 (9) shall inform the victim of the right to have
21 present at all court proceedings, subject to the rules of
22 evidence, an advocate or other support person of the
23 victim's choice, and the right to retain an attorney, at
24 the victim's own expense, who, upon written notice filed
25 with the clerk of the court and State's Attorney, is to
26 receive copies of all notices, motions and court orders

HB5597- 1737 -LRB098 15874 AMC 50917 b
1 filed thereafter in the case, in the same manner as if the
2 victim were a named party in the case;
3 (9.5) shall inform the victim of (A) the victim's right
4 under Section 6 of this Act to make a victim impact
5 statement at the sentencing hearing; (B) the right of the
6 victim's spouse, guardian, parent, grandparent and other
7 immediate family and household members under Section 6 of
8 this Act to present an impact statement at sentencing; and
9 (C) if a presentence report is to be prepared, the right of
10 the victim's spouse, guardian, parent, grandparent and
11 other immediate family and household members to submit
12 information to the preparer of the presentence report about
13 the effect the offense has had on the victim and the
14 person;
15 (10) at the sentencing hearing shall make a good faith
16 attempt to explain the minimum amount of time during which
17 the defendant may actually be physically imprisoned. The
18 Office of the State's Attorney shall further notify the
19 crime victim of the right to request from the Prisoner
20 Review Board information concerning the release of the
21 defendant under subparagraph (d)(1) of this Section;
22 (11) shall request restitution at sentencing and shall
23 consider restitution in any plea negotiation, as provided
24 by law; and
25 (12) shall, upon the court entering a verdict of not
26 guilty by reason of insanity, inform the victim of the

HB5597- 1738 -LRB098 15874 AMC 50917 b
1 notification services available from the Department of
2 Human Services, including the statewide telephone number,
3 under subparagraph (d)(2) of this Section.
4 (c) At the written request of the crime victim, the office
5of the State's Attorney shall:
6 (1) provide notice a reasonable time in advance of the
7 following court proceedings: preliminary hearing, any
8 hearing the effect of which may be the release of defendant
9 from custody, or to alter the conditions of bond and the
10 sentencing hearing. The crime victim shall also be notified
11 of the cancellation of the court proceeding in sufficient
12 time, wherever possible, to prevent an unnecessary
13 appearance in court;
14 (2) provide notice within a reasonable time after
15 receipt of notice from the custodian, of the release of the
16 defendant on bail or personal recognizance or the release
17 from detention of a minor who has been detained for a
18 violent crime;
19 (3) explain in nontechnical language the details of any
20 plea or verdict of a defendant, or any adjudication of a
21 juvenile as a delinquent for a violent crime;
22 (4) where practical, consult with the crime victim
23 before the Office of the State's Attorney makes an offer of
24 a plea bargain to the defendant or enters into negotiations
25 with the defendant concerning a possible plea agreement,
26 and shall consider the written victim impact statement, if

HB5597- 1739 -LRB098 15874 AMC 50917 b
1 prepared prior to entering into a plea agreement;
2 (5) provide notice of the ultimate disposition of the
3 cases arising from an indictment or an information, or a
4 petition to have a juvenile adjudicated as a delinquent for
5 a violent crime;
6 (6) provide notice of any appeal taken by the defendant
7 and information on how to contact the appropriate agency
8 handling the appeal;
9 (7) provide notice of any request for post-conviction
10 review filed by the defendant under Article 122 of the Code
11 of Criminal Procedure of 1963, and of the date, time and
12 place of any hearing concerning the petition. Whenever
13 possible, notice of the hearing shall be given in advance;
14 (8) forward a copy of any statement presented under
15 Section 6 to the Prisoner Review Board to be considered by
16 the Board in making its determination under subsection (b)
17 of Section 3-3-8 of the Unified Code of Corrections.
18 (d)(1) The Prisoner Review Board shall inform a victim or
19any other concerned citizen, upon written request, of the
20prisoner's release on parole, aftercare release, mandatory
21supervised release, electronic detention, work release,
22international transfer or exchange, or by the custodian of the
23discharge of any individual who was adjudicated a delinquent
24for a violent crime from State custody and by the sheriff of
25the appropriate county of any such person's final discharge
26from county custody. The Prisoner Review Board, upon written

HB5597- 1740 -LRB098 15874 AMC 50917 b
1request, shall provide to a victim or any other concerned
2citizen a recent photograph of any person convicted of a
3felony, upon his or her release from custody. The Prisoner
4Review Board, upon written request, shall inform a victim or
5any other concerned citizen when feasible at least 7 days prior
6to the prisoner's release on furlough of the times and dates of
7such furlough. Upon written request by the victim or any other
8concerned citizen, the State's Attorney shall notify the person
9once of the times and dates of release of a prisoner sentenced
10to periodic imprisonment. Notification shall be based on the
11most recent information as to victim's or other concerned
12citizen's residence or other location available to the
13notifying authority.
14 (2) When the defendant has been committed to the Department
15of Human Services pursuant to Section 5-2-4 or any other
16provision of the Unified Code of Corrections, the victim may
17request to be notified by the releasing authority of the
18approval by the court of an on-grounds pass, a supervised
19off-grounds pass, an unsupervised off-grounds pass, or
20conditional release; the release on an off-grounds pass; the
21return from an off-grounds pass; transfer to another facility;
22conditional release; escape; death; or final discharge from
23State custody. The Department of Human Services shall establish
24and maintain a statewide telephone number to be used by victims
25to make notification requests under these provisions and shall
26publicize this telephone number on its website and to the

HB5597- 1741 -LRB098 15874 AMC 50917 b
1State's Attorney of each county.
2 (3) In the event of an escape from State custody, the
3Department of Corrections or the Department of Juvenile Justice
4immediately shall notify the Prisoner Review Board of the
5escape and the Prisoner Review Board shall notify the victim.
6The notification shall be based upon the most recent
7information as to the victim's residence or other location
8available to the Board. When no such information is available,
9the Board shall make all reasonable efforts to obtain the
10information and make the notification. When the escapee is
11apprehended, the Department of Corrections or the Department of
12Juvenile Justice immediately shall notify the Prisoner Review
13Board and the Board shall notify the victim.
14 (4) The victim of the crime for which the prisoner has been
15sentenced shall receive reasonable written notice not less than
1630 days prior to the parole or aftercare release hearing and
17may submit, in writing, on film, videotape or other electronic
18means or in the form of a recording or in person at the parole
19or aftercare release hearing or if a victim of a violent crime,
20by calling the toll-free number established in subsection (f)
21of this Section, information for consideration by the Prisoner
22Review Board. The victim shall be notified within 7 days after
23the prisoner has been granted parole or aftercare release and
24shall be informed of the right to inspect the registry of
25parole or aftercare release decisions, established under
26subsection (g) of Section 3-3-5 of the Unified Code of

HB5597- 1742 -LRB098 15874 AMC 50917 b
1Corrections. The provisions of this paragraph (4) are subject
2to the Open Parole Hearings Act.
3 (5) If a statement is presented under Section 6, the
4Prisoner Review Board shall inform the victim of any order of
5discharge entered by the Board pursuant to Section 3-3-8 of the
6Unified Code of Corrections.
7 (6) At the written request of the victim of the crime for
8which the prisoner was sentenced or the State's Attorney of the
9county where the person seeking parole or aftercare release was
10prosecuted, the Prisoner Review Board shall notify the victim
11and the State's Attorney of the county where the person seeking
12parole or aftercare release was prosecuted of the death of the
13prisoner if the prisoner died while on parole or aftercare
14release or mandatory supervised release.
15 (7) When a defendant who has been committed to the
16Department of Corrections, the Department of Juvenile Justice,
17or the Department of Human Services is released or discharged
18and subsequently committed to the Department of Human Services
19as a sexually violent person and the victim had requested to be
20notified by the releasing authority of the defendant's
21discharge, conditional release, death, or escape from State
22custody, the releasing authority shall provide to the
23Department of Human Services such information that would allow
24the Department of Human Services to contact the victim.
25 (8) When a defendant has been convicted of a sex offense as
26defined in Section 2 of the Sex Offender Registration Act and

HB5597- 1743 -LRB098 15874 AMC 50917 b
1has been sentenced to the Department of Corrections or the
2Department of Juvenile Justice, the Prisoner Review Board shall
3notify the victim of the sex offense of the prisoner's
4eligibility for release on parole, aftercare release,
5mandatory supervised release, electronic detention, work
6release, international transfer or exchange, or by the
7custodian of the discharge of any individual who was
8adjudicated a delinquent for a sex offense from State custody
9and by the sheriff of the appropriate county of any such
10person's final discharge from county custody. The notification
11shall be made to the victim at least 30 days, whenever
12possible, before release of the sex offender.
13 (e) The officials named in this Section may satisfy some or
14all of their obligations to provide notices and other
15information through participation in a statewide victim and
16witness notification system established by the Attorney
17General under Section 8.5 of this Act.
18 (f) To permit a victim of a violent crime to provide
19information to the Prisoner Review Board for consideration by
20the Board at a parole or aftercare release hearing of a person
21who committed the crime against the victim in accordance with
22clause (d)(4) of this Section or at a proceeding to determine
23the conditions of mandatory supervised release of a person
24sentenced to a determinate sentence or at a hearing on
25revocation of mandatory supervised release of a person
26sentenced to a determinate sentence, the Board shall establish

HB5597- 1744 -LRB098 15874 AMC 50917 b
1a toll-free number that may be accessed by the victim of a
2violent crime to present that information to the Board.
3(Source: P.A. 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813,
4eff. 7-13-12; 97-815, eff. 1-1-13; 98-372, eff. 1-1-14; 98-558,
5eff. 1-1-14; revised 9-24-13.)
6 Section 715. The Sexually Violent Persons Commitment Act is
7amended by changing Section 30 as follows:
8 (725 ILCS 207/30)
9 Sec. 30. Detention; probable cause hearing; transfer for
10examination.
11 (a) Upon the filing of a petition under Section 15 of this
12Act, the court shall review the petition to determine whether
13to issue an order for detention of the person who is the
14subject of the petition. The person shall be detained only if
15there is cause to believe that the person is eligible for
16commitment under subsection (f) of Section 35 of this Act. A
17person detained under this Section shall be held in a facility
18approved by the Department. The Department may elect to place
19persons who have been ordered by the court to be detained in a
20State-operated mental health facility or a portion of that
21facility. Persons placed in a State-operated mental health
22facility under this Act shall be separated and shall not
23comingle with the recipients of the mental health facility. The
24portion of a State-operated mental health facility that is used

HB5597- 1745 -LRB098 15874 AMC 50917 b
1for the persons detained under this Act shall not be a part of
2the mental health facility for the enforcement and
3implementation of the Mental Health and Developmental
4Disabilities Code nor shall their care and treatment be subject
5to the provisions of the Mental Health and Developmental
6Disabilities Code. The changes added to this Section by Public
7Act 98-79 this amendatory Act of the 98th General Assembly are
8inoperative on and after June 30, 2015. If the person is
9serving a sentence of imprisonment, is in a Department of
10Corrections correctional facility or juvenile correctional
11facility or is committed to institutional care, and the court
12orders detention under this Section, the court shall order that
13the person be transferred to a detention facility approved by
14the Department. A detention order under this Section remains in
15effect until the person is discharged after a trial under
16Section 35 of this Act or until the effective date of a
17commitment order under Section 40 of this Act, whichever is
18applicable.
19 (b) Whenever a petition is filed under Section 15 of this
20Act, the court shall hold a hearing to determine whether there
21is probable cause to believe that the person named in the
22petition is a sexually violent person. If the person named in
23the petition is in custody, the court shall hold the probable
24cause hearing within 72 hours after the petition is filed,
25excluding Saturdays, Sundays and legal holidays. The court may
26grant a continuance of the probable cause hearing for no more

HB5597- 1746 -LRB098 15874 AMC 50917 b
1than 7 additional days upon the motion of the respondent, for
2good cause. If the person named in the petition has been
3released, is on parole, is on aftercare release, is on
4mandatory supervised release, or otherwise is not in custody,
5the court shall hold the probable cause hearing within a
6reasonable time after the filing of the petition. At the
7probable cause hearing, the court shall admit and consider all
8relevant hearsay evidence.
9 (c) If the court determines after a hearing that there is
10probable cause to believe that the person named in the petition
11is a sexually violent person, the court shall order that the
12person be taken into custody if he or she is not in custody and
13shall order the person to be transferred within a reasonable
14time to an appropriate facility for an evaluation as to whether
15the person is a sexually violent person. If the person who is
16named in the petition refuses to speak to, communicate with, or
17otherwise fails to cooperate with the examining evaluator from
18the Department of Human Services or the Department of
19Corrections, that person may only introduce evidence and
20testimony from any expert or professional person who is
21retained or court-appointed to conduct an examination of the
22person that results from a review of the records and may not
23introduce evidence resulting from an examination of the person.
24Notwithstanding the provisions of Section 10 of the Mental
25Health and Developmental Disabilities Confidentiality Act, all
26evaluations conducted pursuant to this Act and all Illinois

HB5597- 1747 -LRB098 15874 AMC 50917 b
1Department of Corrections treatment records shall be
2admissible at all proceedings held pursuant to this Act,
3including the probable cause hearing and the trial.
4 If the court determines that probable cause does not exist
5to believe that the person is a sexually violent person, the
6court shall dismiss the petition.
7 (d) The Department shall promulgate rules that provide the
8qualifications for persons conducting evaluations under
9subsection (c) of this Section.
10 (e) If the person named in the petition claims or appears
11to be indigent, the court shall, prior to the probable cause
12hearing under subsection (b) of this Section, appoint counsel.
13(Source: P.A. 98-79, eff. 7-15-13; 98-558, eff. 1-1-14; revised
149-24-13.)
15 Section 720. The Unified Code of Corrections is amended by
16changing Sections 3-2-2, 3-2.5-20, 3-3-2, 3-5-1, 5-5-3,
175-5-3.2, 5-5-5, and 5-8A-3 as follows:
18 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
19 Sec. 3-2-2. Powers and Duties of the Department.
20 (1) In addition to the powers, duties and responsibilities
21which are otherwise provided by law, the Department shall have
22the following powers:
23 (a) To accept persons committed to it by the courts of
24 this State for care, custody, treatment and

HB5597- 1748 -LRB098 15874 AMC 50917 b
1 rehabilitation, and to accept federal prisoners and aliens
2 over whom the Office of the Federal Detention Trustee is
3 authorized to exercise the federal detention function for
4 limited purposes and periods of time.
5 (b) To develop and maintain reception and evaluation
6 units for purposes of analyzing the custody and
7 rehabilitation needs of persons committed to it and to
8 assign such persons to institutions and programs under its
9 control or transfer them to other appropriate agencies. In
10 consultation with the Department of Alcoholism and
11 Substance Abuse (now the Department of Human Services), the
12 Department of Corrections shall develop a master plan for
13 the screening and evaluation of persons committed to its
14 custody who have alcohol or drug abuse problems, and for
15 making appropriate treatment available to such persons;
16 the Department shall report to the General Assembly on such
17 plan not later than April 1, 1987. The maintenance and
18 implementation of such plan shall be contingent upon the
19 availability of funds.
20 (b-1) To create and implement, on January 1, 2002, a
21 pilot program to establish the effectiveness of
22 pupillometer technology (the measurement of the pupil's
23 reaction to light) as an alternative to a urine test for
24 purposes of screening and evaluating persons committed to
25 its custody who have alcohol or drug problems. The pilot
26 program shall require the pupillometer technology to be

HB5597- 1749 -LRB098 15874 AMC 50917 b
1 used in at least one Department of Corrections facility.
2 The Director may expand the pilot program to include an
3 additional facility or facilities as he or she deems
4 appropriate. A minimum of 4,000 tests shall be included in
5 the pilot program. The Department must report to the
6 General Assembly on the effectiveness of the program by
7 January 1, 2003.
8 (b-5) To develop, in consultation with the Department
9 of State Police, a program for tracking and evaluating each
10 inmate from commitment through release for recording his or
11 her gang affiliations, activities, or ranks.
12 (c) To maintain and administer all State correctional
13 institutions and facilities under its control and to
14 establish new ones as needed. Pursuant to its power to
15 establish new institutions and facilities, the Department
16 may, with the written approval of the Governor, authorize
17 the Department of Central Management Services to enter into
18 an agreement of the type described in subsection (d) of
19 Section 405-300 of the Department of Central Management
20 Services Law (20 ILCS 405/405-300). The Department shall
21 designate those institutions which shall constitute the
22 State Penitentiary System.
23 Pursuant to its power to establish new institutions and
24 facilities, the Department may authorize the Department of
25 Central Management Services to accept bids from counties
26 and municipalities for the construction, remodeling or

HB5597- 1750 -LRB098 15874 AMC 50917 b
1 conversion of a structure to be leased to the Department of
2 Corrections for the purposes of its serving as a
3 correctional institution or facility. Such construction,
4 remodeling or conversion may be financed with revenue bonds
5 issued pursuant to the Industrial Building Revenue Bond Act
6 by the municipality or county. The lease specified in a bid
7 shall be for a term of not less than the time needed to
8 retire any revenue bonds used to finance the project, but
9 not to exceed 40 years. The lease may grant to the State
10 the option to purchase the structure outright.
11 Upon receipt of the bids, the Department may certify
12 one or more of the bids and shall submit any such bids to
13 the General Assembly for approval. Upon approval of a bid
14 by a constitutional majority of both houses of the General
15 Assembly, pursuant to joint resolution, the Department of
16 Central Management Services may enter into an agreement
17 with the county or municipality pursuant to such bid.
18 (c-5) To build and maintain regional juvenile
19 detention centers and to charge a per diem to the counties
20 as established by the Department to defray the costs of
21 housing each minor in a center. In this subsection (c-5),
22 "juvenile detention center" means a facility to house
23 minors during pendency of trial who have been transferred
24 from proceedings under the Juvenile Court Act of 1987 to
25 prosecutions under the criminal laws of this State in
26 accordance with Section 5-805 of the Juvenile Court Act of

HB5597- 1751 -LRB098 15874 AMC 50917 b
1 1987, whether the transfer was by operation of law or
2 permissive under that Section. The Department shall
3 designate the counties to be served by each regional
4 juvenile detention center.
5 (d) To develop and maintain programs of control,
6 rehabilitation and employment of committed persons within
7 its institutions.
8 (d-5) To provide a pre-release job preparation program
9 for inmates at Illinois adult correctional centers.
10 (e) To establish a system of supervision and guidance
11 of committed persons in the community.
12 (f) To establish in cooperation with the Department of
13 Transportation to supply a sufficient number of prisoners
14 for use by the Department of Transportation to clean up the
15 trash and garbage along State, county, township, or
16 municipal highways as designated by the Department of
17 Transportation. The Department of Corrections, at the
18 request of the Department of Transportation, shall furnish
19 such prisoners at least annually for a period to be agreed
20 upon between the Director of Corrections and the Director
21 of Transportation. The prisoners used on this program shall
22 be selected by the Director of Corrections on whatever
23 basis he deems proper in consideration of their term,
24 behavior and earned eligibility to participate in such
25 program - where they will be outside of the prison facility
26 but still in the custody of the Department of Corrections.

HB5597- 1752 -LRB098 15874 AMC 50917 b
1 Prisoners convicted of first degree murder, or a Class X
2 felony, or armed violence, or aggravated kidnapping, or
3 criminal sexual assault, aggravated criminal sexual abuse
4 or a subsequent conviction for criminal sexual abuse, or
5 forcible detention, or arson, or a prisoner adjudged a
6 Habitual Criminal shall not be eligible for selection to
7 participate in such program. The prisoners shall remain as
8 prisoners in the custody of the Department of Corrections
9 and such Department shall furnish whatever security is
10 necessary. The Department of Transportation shall furnish
11 trucks and equipment for the highway cleanup program and
12 personnel to supervise and direct the program. Neither the
13 Department of Corrections nor the Department of
14 Transportation shall replace any regular employee with a
15 prisoner.
16 (g) To maintain records of persons committed to it and
17 to establish programs of research, statistics and
18 planning.
19 (h) To investigate the grievances of any person
20 committed to the Department, to inquire into any alleged
21 misconduct by employees or committed persons, and to
22 investigate the assets of committed persons to implement
23 Section 3-7-6 of this Code; and for these purposes it may
24 issue subpoenas and compel the attendance of witnesses and
25 the production of writings and papers, and may examine
26 under oath any witnesses who may appear before it; to also

HB5597- 1753 -LRB098 15874 AMC 50917 b
1 investigate alleged violations of a parolee's or
2 releasee's conditions of parole or release; and for this
3 purpose it may issue subpoenas and compel the attendance of
4 witnesses and the production of documents only if there is
5 reason to believe that such procedures would provide
6 evidence that such violations have occurred.
7 If any person fails to obey a subpoena issued under
8 this subsection, the Director may apply to any circuit
9 court to secure compliance with the subpoena. The failure
10 to comply with the order of the court issued in response
11 thereto shall be punishable as contempt of court.
12 (i) To appoint and remove the chief administrative
13 officers, and administer programs of training and
14 development of personnel of the Department. Personnel
15 assigned by the Department to be responsible for the
16 custody and control of committed persons or to investigate
17 the alleged misconduct of committed persons or employees or
18 alleged violations of a parolee's or releasee's conditions
19 of parole shall be conservators of the peace for those
20 purposes, and shall have the full power of peace officers
21 outside of the facilities of the Department in the
22 protection, arrest, retaking and reconfining of committed
23 persons or where the exercise of such power is necessary to
24 the investigation of such misconduct or violations. This
25 subsection shall not apply to persons committed to the
26 Department of Juvenile Justice under the Juvenile Court Act

HB5597- 1754 -LRB098 15874 AMC 50917 b
1 of 1987 on aftercare release.
2 (j) To cooperate with other departments and agencies
3 and with local communities for the development of standards
4 and programs for better correctional services in this
5 State.
6 (k) To administer all moneys and properties of the
7 Department.
8 (l) To report annually to the Governor on the committed
9 persons, institutions and programs of the Department.
10 (l-5) (Blank).
11 (m) To make all rules and regulations and exercise all
12 powers and duties vested by law in the Department.
13 (n) To establish rules and regulations for
14 administering a system of sentence credits, established in
15 accordance with Section 3-6-3, subject to review by the
16 Prisoner Review Board.
17 (o) To administer the distribution of funds from the
18 State Treasury to reimburse counties where State penal
19 institutions are located for the payment of assistant
20 state's attorneys' salaries under Section 4-2001 of the
21 Counties Code.
22 (p) To exchange information with the Department of
23 Human Services and the Department of Healthcare and Family
24 Services for the purpose of verifying living arrangements
25 and for other purposes directly connected with the
26 administration of this Code and the Illinois Public Aid

HB5597- 1755 -LRB098 15874 AMC 50917 b
1 Code.
2 (q) To establish a diversion program.
3 The program shall provide a structured environment for
4 selected technical parole or mandatory supervised release
5 violators and committed persons who have violated the rules
6 governing their conduct while in work release. This program
7 shall not apply to those persons who have committed a new
8 offense while serving on parole or mandatory supervised
9 release or while committed to work release.
10 Elements of the program shall include, but shall not be
11 limited to, the following:
12 (1) The staff of a diversion facility shall provide
13 supervision in accordance with required objectives set
14 by the facility.
15 (2) Participants shall be required to maintain
16 employment.
17 (3) Each participant shall pay for room and board
18 at the facility on a sliding-scale basis according to
19 the participant's income.
20 (4) Each participant shall:
21 (A) provide restitution to victims in
22 accordance with any court order;
23 (B) provide financial support to his
24 dependents; and
25 (C) make appropriate payments toward any other
26 court-ordered obligations.

HB5597- 1756 -LRB098 15874 AMC 50917 b
1 (5) Each participant shall complete community
2 service in addition to employment.
3 (6) Participants shall take part in such
4 counseling, educational and other programs as the
5 Department may deem appropriate.
6 (7) Participants shall submit to drug and alcohol
7 screening.
8 (8) The Department shall promulgate rules
9 governing the administration of the program.
10 (r) To enter into intergovernmental cooperation
11 agreements under which persons in the custody of the
12 Department may participate in a county impact
13 incarceration program established under Section 3-6038 or
14 3-15003.5 of the Counties Code.
15 (r-5) (Blank).
16 (r-10) To systematically and routinely identify with
17 respect to each streetgang active within the correctional
18 system: (1) each active gang; (2) every existing inter-gang
19 affiliation or alliance; and (3) the current leaders in
20 each gang. The Department shall promptly segregate leaders
21 from inmates who belong to their gangs and allied gangs.
22 "Segregate" means no physical contact and, to the extent
23 possible under the conditions and space available at the
24 correctional facility, prohibition of visual and sound
25 communication. For the purposes of this paragraph (r-10),
26 "leaders" means persons who:

HB5597- 1757 -LRB098 15874 AMC 50917 b
1 (i) are members of a criminal streetgang;
2 (ii) with respect to other individuals within the
3 streetgang, occupy a position of organizer,
4 supervisor, or other position of management or
5 leadership; and
6 (iii) are actively and personally engaged in
7 directing, ordering, authorizing, or requesting
8 commission of criminal acts by others, which are
9 punishable as a felony, in furtherance of streetgang
10 related activity both within and outside of the
11 Department of Corrections.
12 "Streetgang", "gang", and "streetgang related" have the
13 meanings ascribed to them in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act.
15 (s) To operate a super-maximum security institution,
16 in order to manage and supervise inmates who are disruptive
17 or dangerous and provide for the safety and security of the
18 staff and the other inmates.
19 (t) To monitor any unprivileged conversation or any
20 unprivileged communication, whether in person or by mail,
21 telephone, or other means, between an inmate who, before
22 commitment to the Department, was a member of an organized
23 gang and any other person without the need to show cause or
24 satisfy any other requirement of law before beginning the
25 monitoring, except as constitutionally required. The
26 monitoring may be by video, voice, or other method of

HB5597- 1758 -LRB098 15874 AMC 50917 b
1 recording or by any other means. As used in this
2 subdivision (1)(t), "organized gang" has the meaning
3 ascribed to it in Section 10 of the Illinois Streetgang
4 Terrorism Omnibus Prevention Act.
5 As used in this subdivision (1)(t), "unprivileged
6 conversation" or "unprivileged communication" means a
7 conversation or communication that is not protected by any
8 privilege recognized by law or by decision, rule, or order
9 of the Illinois Supreme Court.
10 (u) To establish a Women's and Children's Pre-release
11 Community Supervision Program for the purpose of providing
12 housing and services to eligible female inmates, as
13 determined by the Department, and their newborn and young
14 children.
15 (u-5) To issue an order, whenever a person committed to
16 the Department absconds or absents himself or herself,
17 without authority to do so, from any facility or program to
18 which he or she is assigned. The order shall be certified
19 by the Director, the Supervisor of the Apprehension Unit,
20 or any person duly designated by the Director, with the
21 seal of the Department affixed. The order shall be directed
22 to all sheriffs, coroners, and police officers, or to any
23 particular person named in the order. Any order issued
24 pursuant to this subdivision (1) (u-5) shall be sufficient
25 warrant for the officer or person named in the order to
26 arrest and deliver the committed person to the proper

HB5597- 1759 -LRB098 15874 AMC 50917 b
1 correctional officials and shall be executed the same as
2 criminal process.
3 (v) To do all other acts necessary to carry out the
4 provisions of this Chapter.
5 (2) The Department of Corrections shall by January 1, 1998,
6consider building and operating a correctional facility within
7100 miles of a county of over 2,000,000 inhabitants, especially
8a facility designed to house juvenile participants in the
9impact incarceration program.
10 (3) When the Department lets bids for contracts for medical
11services to be provided to persons committed to Department
12facilities by a health maintenance organization, medical
13service corporation, or other health care provider, the bid may
14only be let to a health care provider that has obtained an
15irrevocable letter of credit or performance bond issued by a
16company whose bonds have an investment grade or higher rating
17by a bond rating organization.
18 (4) When the Department lets bids for contracts for food or
19commissary services to be provided to Department facilities,
20the bid may only be let to a food or commissary services
21provider that has obtained an irrevocable letter of credit or
22performance bond issued by a company whose bonds have an
23investment grade or higher rating by a bond rating
24organization.
25 (5) On and after the date 6 months after August 16, 2013
26(the effective date of Public Act 98-488) this amendatory Act

HB5597- 1760 -LRB098 15874 AMC 50917 b
1of the 98th General Assembly, as provided in the Executive
2Order 1 (2012) Implementation Act, all of the powers, duties,
3rights, and responsibilities related to State healthcare
4purchasing under this Code that were transferred from the
5Department of Corrections to the Department of Healthcare and
6Family Services by Executive Order 3 (2005) are transferred
7back to the Department of Corrections; however, powers, duties,
8rights, and responsibilities related to State healthcare
9purchasing under this Code that were exercised by the
10Department of Corrections before the effective date of
11Executive Order 3 (2005) but that pertain to individuals
12resident in facilities operated by the Department of Juvenile
13Justice are transferred to the Department of Juvenile Justice.
14(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12;
1597-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff.
168-16-13; 98-558, eff. 1-1-14; revised 9-24-13.)
17 (730 ILCS 5/3-2.5-20)
18 Sec. 3-2.5-20. General powers and duties.
19 (a) In addition to the powers, duties, and responsibilities
20which are otherwise provided by law or transferred to the
21Department as a result of this Article, the Department, as
22determined by the Director, shall have, but are not limited to,
23the following rights, powers, functions and duties:
24 (1) To accept juveniles committed to it by the courts
25 of this State for care, custody, treatment, and

HB5597- 1761 -LRB098 15874 AMC 50917 b
1 rehabilitation.
2 (2) To maintain and administer all State juvenile
3 correctional institutions previously under the control of
4 the Juvenile and Women's & Children Divisions of the
5 Department of Corrections, and to establish and maintain
6 institutions as needed to meet the needs of the youth
7 committed to its care.
8 (3) To identify the need for and recommend the funding
9 and implementation of an appropriate mix of programs and
10 services within the juvenile justice continuum, including
11 but not limited to prevention, nonresidential and
12 residential commitment programs, day treatment, and
13 conditional release programs and services, with the
14 support of educational, vocational, alcohol, drug abuse,
15 and mental health services where appropriate.
16 (3.5) To assist youth committed to the Department of
17 Juvenile Justice under the Juvenile Court Act of 1987 with
18 successful reintegration into society, the Department
19 shall retain custody and control of all adjudicated
20 delinquent juveniles released under Section 3-3-10 of this
21 Code, shall provide a continuum of post-release treatment
22 and services to those youth, and shall supervise those
23 youth during their release period in accordance with the
24 conditions set by the Prisoner Review Board.
25 (4) To establish and provide transitional and
26 post-release treatment programs for juveniles committed to

HB5597- 1762 -LRB098 15874 AMC 50917 b
1 the Department. Services shall include but are not limited
2 to:
3 (i) family and individual counseling and treatment
4 placement;
5 (ii) referral services to any other State or local
6 agencies;
7 (iii) mental health services;
8 (iv) educational services;
9 (v) family counseling services; and
10 (vi) substance abuse services.
11 (5) To access vital records of juveniles for the
12 purposes of providing necessary documentation for
13 transitional services such as obtaining identification,
14 educational enrollment, employment, and housing.
15 (6) To develop staffing and workload standards and
16 coordinate staff development and training appropriate for
17 juvenile populations.
18 (7) To develop, with the approval of the Office of the
19 Governor and the Governor's Office of Management and
20 Budget, annual budget requests.
21 (8) To administer the Interstate Compact for
22 Juveniles, with respect to all juveniles under its
23 jurisdiction, and to cooperate with the Department of Human
24 Services with regard to all non-offender juveniles subject
25 to the Interstate Compact for Juveniles.
26 (b) The Department may employ personnel in accordance with

HB5597- 1763 -LRB098 15874 AMC 50917 b
1the Personnel Code and Section 3-2.5-15 of this Code, provide
2facilities, contract for goods and services, and adopt rules as
3necessary to carry out its functions and purposes, all in
4accordance with applicable State and federal law.
5 (c) On and after the date 6 months after August 16, 2013
6(the effective date of Public Act 98-488) this amendatory Act
7of the 98th General Assembly, as provided in the Executive
8Order 1 (2012) Implementation Act, all of the powers, duties,
9rights, and responsibilities related to State healthcare
10purchasing under this Code that were transferred from the
11Department of Corrections to the Department of Healthcare and
12Family Services by Executive Order 3 (2005) are transferred
13back to the Department of Corrections; however, powers, duties,
14rights, and responsibilities related to State healthcare
15purchasing under this Code that were exercised by the
16Department of Corrections before the effective date of
17Executive Order 3 (2005) but that pertain to individuals
18resident in facilities operated by the Department of Juvenile
19Justice are transferred to the Department of Juvenile Justice.
20(Source: P.A. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14;
21revised 9-24-13.)
22 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
23 Sec. 3-3-2. Powers and Duties.
24 (a) The Parole and Pardon Board is abolished and the term
25"Parole and Pardon Board" as used in any law of Illinois, shall

HB5597- 1764 -LRB098 15874 AMC 50917 b
1read "Prisoner Review Board." After the effective date of this
2amendatory Act of 1977, the Prisoner Review Board shall provide
3by rule for the orderly transition of all files, records, and
4documents of the Parole and Pardon Board and for such other
5steps as may be necessary to effect an orderly transition and
6shall:
7 (1) hear by at least one member and through a panel of
8 at least 3 members decide, cases of prisoners who were
9 sentenced under the law in effect prior to the effective
10 date of this amendatory Act of 1977, and who are eligible
11 for parole;
12 (2) hear by at least one member and through a panel of
13 at least 3 members decide, the conditions of parole and the
14 time of discharge from parole, impose sanctions for
15 violations of parole, and revoke parole for those sentenced
16 under the law in effect prior to this amendatory Act of
17 1977; provided that the decision to parole and the
18 conditions of parole for all prisoners who were sentenced
19 for first degree murder or who received a minimum sentence
20 of 20 years or more under the law in effect prior to
21 February 1, 1978 shall be determined by a majority vote of
22 the Prisoner Review Board. One representative supporting
23 parole and one representative opposing parole will be
24 allowed to speak. Their comments shall be limited to making
25 corrections and filling in omissions to the Board's
26 presentation and discussion;

HB5597- 1765 -LRB098 15874 AMC 50917 b
1 (3) hear by at least one member and through a panel of
2 at least 3 members decide, the conditions of mandatory
3 supervised release and the time of discharge from mandatory
4 supervised release, impose sanctions for violations of
5 mandatory supervised release, and revoke mandatory
6 supervised release for those sentenced under the law in
7 effect after the effective date of this amendatory Act of
8 1977;
9 (3.5) hear by at least one member and through a panel
10 of at least 3 members decide, the conditions of mandatory
11 supervised release and the time of discharge from mandatory
12 supervised release, to impose sanctions for violations of
13 mandatory supervised release and revoke mandatory
14 supervised release for those serving extended supervised
15 release terms pursuant to paragraph (4) of subsection (d)
16 of Section 5-8-1;
17 (3.6) hear by at least one member and through a panel
18 of at least 3 members decide, the time of aftercare
19 release, the conditions of aftercare release and the time
20 of discharge from aftercare release, impose sanctions for
21 violations of aftercare release, and revoke aftercare
22 release for those adjudicated delinquent under the
23 Juvenile Court Act of 1987;
24 (4) hear by at least one member and through a panel of
25 at least 3 members, decide cases brought by the Department
26 of Corrections against a prisoner in the custody of the

HB5597- 1766 -LRB098 15874 AMC 50917 b
1 Department for alleged violation of Department rules with
2 respect to sentence credits under Section 3-6-3 of this
3 Code in which the Department seeks to revoke sentence
4 credits, if the amount of time at issue exceeds 30 days or
5 when, during any 12 month period, the cumulative amount of
6 credit revoked exceeds 30 days except where the infraction
7 is committed or discovered within 60 days of scheduled
8 release. In such cases, the Department of Corrections may
9 revoke up to 30 days of sentence credit. The Board may
10 subsequently approve the revocation of additional sentence
11 credit, if the Department seeks to revoke sentence credit
12 in excess of thirty days. However, the Board shall not be
13 empowered to review the Department's decision with respect
14 to the loss of 30 days of sentence credit for any prisoner
15 or to increase any penalty beyond the length requested by
16 the Department;
17 (5) hear by at least one member and through a panel of
18 at least 3 members decide, the release dates for certain
19 prisoners sentenced under the law in existence prior to the
20 effective date of this amendatory Act of 1977, in
21 accordance with Section 3-3-2.1 of this Code;
22 (6) hear by at least one member and through a panel of
23 at least 3 members decide, all requests for pardon,
24 reprieve or commutation, and make confidential
25 recommendations to the Governor;
26 (7) comply with the requirements of the Open Parole

HB5597- 1767 -LRB098 15874 AMC 50917 b
1 Hearings Act;
2 (8) hear by at least one member and, through a panel of
3 at least 3 members, decide cases brought by the Department
4 of Corrections against a prisoner in the custody of the
5 Department for court dismissal of a frivolous lawsuit
6 pursuant to Section 3-6-3(d) of this Code in which the
7 Department seeks to revoke up to 180 days of sentence
8 credit, and if the prisoner has not accumulated 180 days of
9 sentence credit at the time of the dismissal, then all
10 sentence credit accumulated by the prisoner shall be
11 revoked;
12 (9) hear by at least 3 members, and, through a panel of
13 at least 3 members, decide whether to grant certificates of
14 relief from disabilities or certificates of good conduct as
15 provided in Article 5.5 of Chapter V;
16 (10) upon a petition by a person who has been convicted
17 of a Class 3 or Class 4 felony and who meets the
18 requirements of this paragraph, hear by at least 3 members
19 and, with the unanimous vote of a panel of 3 members, issue
20 a certificate of eligibility for sealing recommending that
21 the court order the sealing of all official records of the
22 arresting authority, the circuit court clerk, and the
23 Department of State Police concerning the arrest and
24 conviction for the Class 3 or 4 felony. A person may not
25 apply to the Board for a certificate of eligibility for
26 sealing:

HB5597- 1768 -LRB098 15874 AMC 50917 b
1 (A) until 5 years have elapsed since the expiration
2 of his or her sentence;
3 (B) until 5 years have elapsed since any arrests or
4 detentions by a law enforcement officer for an alleged
5 violation of law, other than a petty offense, traffic
6 offense, conservation offense, or local ordinance
7 offense;
8 (C) if convicted of a violation of the Cannabis
9 Control Act, Illinois Controlled Substances Act, the
10 Methamphetamine Control and Community Protection Act,
11 the Methamphetamine Precursor Control Act, or the
12 Methamphetamine Precursor Tracking Act unless the
13 petitioner has completed a drug abuse program for the
14 offense on which sealing is sought and provides proof
15 that he or she has completed the program successfully;
16 (D) if convicted of:
17 (i) a sex offense described in Article 11 or
18 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
19 the Criminal Code of 1961 or the Criminal Code of
20 2012;
21 (ii) aggravated assault;
22 (iii) aggravated battery;
23 (iv) domestic battery;
24 (v) aggravated domestic battery;
25 (vi) violation of an order of protection;
26 (vii) an offense under the Criminal Code of

HB5597- 1769 -LRB098 15874 AMC 50917 b
1 1961 or the Criminal Code of 2012 involving a
2 firearm;
3 (viii) driving while under the influence of
4 alcohol, other drug or drugs, intoxicating
5 compound or compounds or any combination thereof;
6 (ix) aggravated driving while under the
7 influence of alcohol, other drug or drugs,
8 intoxicating compound or compounds or any
9 combination thereof; or
10 (x) any crime defined as a crime of violence
11 under Section 2 of the Crime Victims Compensation
12 Act.
13 If a person has applied to the Board for a certificate
14 of eligibility for sealing and the Board denies the
15 certificate, the person must wait at least 4 years before
16 filing again or filing for pardon from the Governor unless
17 the Chairman of the Prisoner Review Board grants a waiver.
18 The decision to issue or refrain from issuing a
19 certificate of eligibility for sealing shall be at the
20 Board's sole discretion, and shall not give rise to any
21 cause of action against either the Board or its members.
22 The Board may only authorize the sealing of Class 3 and
23 4 felony convictions of the petitioner from one information
24 or indictment under this paragraph (10). A petitioner may
25 only receive one certificate of eligibility for sealing
26 under this provision for life; and

HB5597- 1770 -LRB098 15874 AMC 50917 b
1 (11) upon a petition by a person who after having been
2 convicted of a Class 3 or Class 4 felony thereafter served
3 in the United States Armed Forces or National Guard of this
4 or any other state and had received an honorable discharge
5 from the United States Armed Forces or National Guard or
6 who at the time of filing the petition is enlisted in the
7 United States Armed Forces or National Guard of this or any
8 other state and served one tour of duty and who meets the
9 requirements of this paragraph, hear by at least 3 members
10 and, with the unanimous vote of a panel of 3 members, issue
11 a certificate of eligibility for expungement recommending
12 that the court order the expungement of all official
13 records of the arresting authority, the circuit court
14 clerk, and the Department of State Police concerning the
15 arrest and conviction for the Class 3 or 4 felony. A person
16 may not apply to the Board for a certificate of eligibility
17 for expungement:
18 (A) if convicted of:
19 (i) a sex offense described in Article 11 or
20 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
21 the Criminal Code of 1961 or Criminal Code of 2012;
22 (ii) an offense under the Criminal Code of 1961
23 or Criminal Code of 2012 involving a firearm; or
24 (iii) a crime of violence as defined in Section
25 2 of the Crime Victims Compensation Act; or
26 (B) if the person has not served in the United

HB5597- 1771 -LRB098 15874 AMC 50917 b
1 States Armed Forces or National Guard of this or any
2 other state or has not received an honorable discharge
3 from the United States Armed Forces or National Guard
4 of this or any other state or who at the time of the
5 filing of the petition is serving in the United States
6 Armed Forces or National Guard of this or any other
7 state and has not completed one tour of duty.
8 If a person has applied to the Board for a certificate
9 of eligibility for expungement and the Board denies the
10 certificate, the person must wait at least 4 years before
11 filing again or filing for a pardon with authorization for
12 expungement from the Governor unless the Governor or
13 Chairman of the Prisoner Review Board grants a waiver.
14 (a-5) The Prisoner Review Board, with the cooperation of
15and in coordination with the Department of Corrections and the
16Department of Central Management Services, shall implement a
17pilot project in 3 correctional institutions providing for the
18conduct of hearings under paragraphs (1) and (4) of subsection
19(a) of this Section through interactive video conferences. The
20project shall be implemented within 6 months after the
21effective date of this amendatory Act of 1996. Within 6 months
22after the implementation of the pilot project, the Prisoner
23Review Board, with the cooperation of and in coordination with
24the Department of Corrections and the Department of Central
25Management Services, shall report to the Governor and the
26General Assembly regarding the use, costs, effectiveness, and

HB5597- 1772 -LRB098 15874 AMC 50917 b
1future viability of interactive video conferences for Prisoner
2Review Board hearings.
3 (b) Upon recommendation of the Department the Board may
4restore sentence credit previously revoked.
5 (c) The Board shall cooperate with the Department in
6promoting an effective system of parole, aftercare release, and
7mandatory supervised release.
8 (d) The Board shall promulgate rules for the conduct of its
9work, and the Chairman shall file a copy of such rules and any
10amendments thereto with the Director and with the Secretary of
11State.
12 (e) The Board shall keep records of all of its official
13actions and shall make them accessible in accordance with law
14and the rules of the Board.
15 (f) The Board or one who has allegedly violated the
16conditions of his or her parole, aftercare release, or
17mandatory supervised release may require by subpoena the
18attendance and testimony of witnesses and the production of
19documentary evidence relating to any matter under
20investigation or hearing. The Chairman of the Board may sign
21subpoenas which shall be served by any agent or public official
22authorized by the Chairman of the Board, or by any person
23lawfully authorized to serve a subpoena under the laws of the
24State of Illinois. The attendance of witnesses, and the
25production of documentary evidence, may be required from any
26place in the State to a hearing location in the State before

HB5597- 1773 -LRB098 15874 AMC 50917 b
1the Chairman of the Board or his or her designated agent or
2agents or any duly constituted Committee or Subcommittee of the
3Board. Witnesses so summoned shall be paid the same fees and
4mileage that are paid witnesses in the circuit courts of the
5State, and witnesses whose depositions are taken and the
6persons taking those depositions are each entitled to the same
7fees as are paid for like services in actions in the circuit
8courts of the State. Fees and mileage shall be vouchered for
9payment when the witness is discharged from further attendance.
10 In case of disobedience to a subpoena, the Board may
11petition any circuit court of the State for an order requiring
12the attendance and testimony of witnesses or the production of
13documentary evidence or both. A copy of such petition shall be
14served by personal service or by registered or certified mail
15upon the person who has failed to obey the subpoena, and such
16person shall be advised in writing that a hearing upon the
17petition will be requested in a court room to be designated in
18such notice before the judge hearing motions or extraordinary
19remedies at a specified time, on a specified date, not less
20than 10 nor more than 15 days after the deposit of the copy of
21the written notice and petition in the U.S. mails addressed to
22the person at his last known address or after the personal
23service of the copy of the notice and petition upon such
24person. The court upon the filing of such a petition, may order
25the person refusing to obey the subpoena to appear at an
26investigation or hearing, or to there produce documentary

HB5597- 1774 -LRB098 15874 AMC 50917 b
1evidence, if so ordered, or to give evidence relative to the
2subject matter of that investigation or hearing. Any failure to
3obey such order of the circuit court may be punished by that
4court as a contempt of court.
5 Each member of the Board and any hearing officer designated
6by the Board shall have the power to administer oaths and to
7take the testimony of persons under oath.
8 (g) Except under subsection (a) of this Section, a majority
9of the members then appointed to the Prisoner Review Board
10shall constitute a quorum for the transaction of all business
11of the Board.
12 (h) The Prisoner Review Board shall annually transmit to
13the Director a detailed report of its work for the preceding
14calendar year. The annual report shall also be transmitted to
15the Governor for submission to the Legislature.
16(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
1797-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
181-1-14; revised 8-28-13.)
19 (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
20 (Text of Section before amendment by P.A. 98-528)
21 Sec. 3-5-1. Master Record File.
22 (a) The Department of Corrections and the Department of
23Juvenile Justice shall maintain a master record file on each
24person committed to it, which shall contain the following
25information:

HB5597- 1775 -LRB098 15874 AMC 50917 b
1 (1) all information from the committing court;
2 (2) reception summary;
3 (3) evaluation and assignment reports and
4 recommendations;
5 (4) reports as to program assignment and progress;
6 (5) reports of disciplinary infractions and
7 disposition, including tickets and Administrative Review
8 Board action;
9 (6) any parole or aftercare release plan;
10 (7) any parole or aftercare release reports;
11 (8) the date and circumstances of final discharge;
12 (9) criminal history;
13 (10) current and past gang affiliations and ranks;
14 (11) information regarding associations and family
15 relationships;
16 (12) any grievances filed and responses to those
17 grievances; and
18 (13) other information that the respective Department
19 determines is relevant to the secure confinement and
20 rehabilitation of the committed person.
21 (b) All files shall be confidential and access shall be
22limited to authorized personnel of the respective Department.
23Personnel of other correctional, welfare or law enforcement
24agencies may have access to files under rules and regulations
25of the respective Department. The respective Department shall
26keep a record of all outside personnel who have access to

HB5597- 1776 -LRB098 15874 AMC 50917 b
1files, the files reviewed, any file material copied, and the
2purpose of access. If the respective Department or the Prisoner
3Review Board makes a determination under this Code which
4affects the length of the period of confinement or commitment,
5the committed person and his counsel shall be advised of
6factual information relied upon by the respective Department or
7Board to make the determination, provided that the Department
8or Board shall not be required to advise a person committed to
9the Department of Juvenile Justice any such information which
10in the opinion of the Department of Juvenile Justice or Board
11would be detrimental to his treatment or rehabilitation.
12 (c) The master file shall be maintained at a place
13convenient to its use by personnel of the respective Department
14in charge of the person. When custody of a person is
15transferred from the Department to another department or
16agency, a summary of the file shall be forwarded to the
17receiving agency with such other information required by law or
18requested by the agency under rules and regulations of the
19respective Department.
20 (d) The master file of a person no longer in the custody of
21the respective Department shall be placed on inactive status
22and its use shall be restricted subject to rules and
23regulations of the Department.
24 (e) All public agencies may make available to the
25respective Department on request any factual data not otherwise
26privileged as a matter of law in their possession in respect to

HB5597- 1777 -LRB098 15874 AMC 50917 b
1individuals committed to the respective Department.
2(Source: P.A. 97-696, eff. 6-22-12; 98-558, eff. 1-1-14.)
3 (Text of Section after amendment by P.A. 98-528)
4 Sec. 3-5-1. Master Record File.
5 (a) The Department of Corrections and the Department of
6Juvenile Justice shall maintain a master record file on each
7person committed to it, which shall contain the following
8information:
9 (1) all information from the committing court;
10 (1.5) ethnic and racial background data collected in
11 accordance with Section 4.5 of the Criminal Identification
12 Act;
13 (2) reception summary;
14 (3) evaluation and assignment reports and
15 recommendations;
16 (4) reports as to program assignment and progress;
17 (5) reports of disciplinary infractions and
18 disposition, including tickets and Administrative Review
19 Board action;
20 (6) any parole or aftercare release plan;
21 (7) any parole or aftercare release reports;
22 (8) the date and circumstances of final discharge;
23 (9) criminal history;
24 (10) current and past gang affiliations and ranks;
25 (11) information regarding associations and family

HB5597- 1778 -LRB098 15874 AMC 50917 b
1 relationships;
2 (12) any grievances filed and responses to those
3 grievances; and
4 (13) other information that the respective Department
5 determines is relevant to the secure confinement and
6 rehabilitation of the committed person.
7 (b) All files shall be confidential and access shall be
8limited to authorized personnel of the respective Department.
9Personnel of other correctional, welfare or law enforcement
10agencies may have access to files under rules and regulations
11of the respective Department. The respective Department shall
12keep a record of all outside personnel who have access to
13files, the files reviewed, any file material copied, and the
14purpose of access. If the respective Department or the Prisoner
15Review Board makes a determination under this Code which
16affects the length of the period of confinement or commitment,
17the committed person and his counsel shall be advised of
18factual information relied upon by the respective Department or
19Board to make the determination, provided that the Department
20or Board shall not be required to advise a person committed to
21the Department of Juvenile Justice any such information which
22in the opinion of the Department of Juvenile Justice or Board
23would be detrimental to his treatment or rehabilitation.
24 (c) The master file shall be maintained at a place
25convenient to its use by personnel of the respective Department
26in charge of the person. When custody of a person is

HB5597- 1779 -LRB098 15874 AMC 50917 b
1transferred from the Department to another department or
2agency, a summary of the file shall be forwarded to the
3receiving agency with such other information required by law or
4requested by the agency under rules and regulations of the
5respective Department.
6 (d) The master file of a person no longer in the custody of
7the respective Department shall be placed on inactive status
8and its use shall be restricted subject to rules and
9regulations of the Department.
10 (e) All public agencies may make available to the
11respective Department on request any factual data not otherwise
12privileged as a matter of law in their possession in respect to
13individuals committed to the respective Department.
14(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15;
1598-558, eff. 1-1-14; revised 9-24-13.)
16 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
17 Sec. 5-5-3. Disposition.
18 (a) (Blank).
19 (b) (Blank).
20 (c) (1) (Blank).
21 (2) A period of probation, a term of periodic
22 imprisonment or conditional discharge shall not be imposed
23 for the following offenses. The court shall sentence the
24 offender to not less than the minimum term of imprisonment
25 set forth in this Code for the following offenses, and may

HB5597- 1780 -LRB098 15874 AMC 50917 b
1 order a fine or restitution or both in conjunction with
2 such term of imprisonment:
3 (A) First degree murder where the death penalty is
4 not imposed.
5 (B) Attempted first degree murder.
6 (C) A Class X felony.
7 (D) A violation of Section 401.1 or 407 of the
8 Illinois Controlled Substances Act, or a violation of
9 subdivision (c)(1.5) or (c)(2) of Section 401 of that
10 Act which relates to more than 5 grams of a substance
11 containing cocaine, fentanyl, or an analog thereof.
12 (D-5) A violation of subdivision (c)(1) of Section
13 401 of the Illinois Controlled Substances Act which
14 relates to 3 or more grams of a substance containing
15 heroin or an analog thereof.
16 (E) A violation of Section 5.1 or 9 of the Cannabis
17 Control Act.
18 (F) A Class 2 or greater felony if the offender had
19 been convicted of a Class 2 or greater felony,
20 including any state or federal conviction for an
21 offense that contained, at the time it was committed,
22 the same elements as an offense now (the date of the
23 offense committed after the prior Class 2 or greater
24 felony) classified as a Class 2 or greater felony,
25 within 10 years of the date on which the offender
26 committed the offense for which he or she is being

HB5597- 1781 -LRB098 15874 AMC 50917 b
1 sentenced, except as otherwise provided in Section
2 40-10 of the Alcoholism and Other Drug Abuse and
3 Dependency Act.
4 (F-5) A violation of Section 24-1, 24-1.1, or
5 24-1.6 of the Criminal Code of 1961 or the Criminal
6 Code of 2012 for which imprisonment is prescribed in
7 those Sections.
8 (G) Residential burglary, except as otherwise
9 provided in Section 40-10 of the Alcoholism and Other
10 Drug Abuse and Dependency Act.
11 (H) Criminal sexual assault.
12 (I) Aggravated battery of a senior citizen as
13 described in Section 12-4.6 or subdivision (a)(4) of
14 Section 12-3.05 of the Criminal Code of 1961 or the
15 Criminal Code of 2012.
16 (J) A forcible felony if the offense was related to
17 the activities of an organized gang.
18 Before July 1, 1994, for the purposes of this
19 paragraph, "organized gang" means an association of 5
20 or more persons, with an established hierarchy, that
21 encourages members of the association to perpetrate
22 crimes or provides support to the members of the
23 association who do commit crimes.
24 Beginning July 1, 1994, for the purposes of this
25 paragraph, "organized gang" has the meaning ascribed
26 to it in Section 10 of the Illinois Streetgang

HB5597- 1782 -LRB098 15874 AMC 50917 b
1 Terrorism Omnibus Prevention Act.
2 (K) Vehicular hijacking.
3 (L) A second or subsequent conviction for the
4 offense of hate crime when the underlying offense upon
5 which the hate crime is based is felony aggravated
6 assault or felony mob action.
7 (M) A second or subsequent conviction for the
8 offense of institutional vandalism if the damage to the
9 property exceeds $300.
10 (N) A Class 3 felony violation of paragraph (1) of
11 subsection (a) of Section 2 of the Firearm Owners
12 Identification Card Act.
13 (O) A violation of Section 12-6.1 or 12-6.5 of the
14 Criminal Code of 1961 or the Criminal Code of 2012.
15 (P) A violation of paragraph (1), (2), (3), (4),
16 (5), or (7) of subsection (a) of Section 11-20.1 of the
17 Criminal Code of 1961 or the Criminal Code of 2012.
18 (Q) A violation of subsection (b) or (b-5) of
19 Section 20-1, Section 20-1.2, or Section 20-1.3 of the
20 Criminal Code of 1961 or the Criminal Code of 2012.
21 (R) A violation of Section 24-3A of the Criminal
22 Code of 1961 or the Criminal Code of 2012.
23 (S) (Blank).
24 (T) A second or subsequent violation of the
25 Methamphetamine Control and Community Protection Act.
26 (U) A second or subsequent violation of Section

HB5597- 1783 -LRB098 15874 AMC 50917 b
1 6-303 of the Illinois Vehicle Code committed while his
2 or her driver's license, permit, or privilege was
3 revoked because of a violation of Section 9-3 of the
4 Criminal Code of 1961 or the Criminal Code of 2012,
5 relating to the offense of reckless homicide, or a
6 similar provision of a law of another state.
7 (V) A violation of paragraph (4) of subsection (c)
8 of Section 11-20.1B or paragraph (4) of subsection (c)
9 of Section 11-20.3 of the Criminal Code of 1961, or
10 paragraph (6) of subsection (a) of Section 11-20.1 of
11 the Criminal Code of 2012 when the victim is under 13
12 years of age and the defendant has previously been
13 convicted under the laws of this State or any other
14 state of the offense of child pornography, aggravated
15 child pornography, aggravated criminal sexual abuse,
16 aggravated criminal sexual assault, predatory criminal
17 sexual assault of a child, or any of the offenses
18 formerly known as rape, deviate sexual assault,
19 indecent liberties with a child, or aggravated
20 indecent liberties with a child where the victim was
21 under the age of 18 years or an offense that is
22 substantially equivalent to those offenses.
23 (W) A violation of Section 24-3.5 of the Criminal
24 Code of 1961 or the Criminal Code of 2012.
25 (X) A violation of subsection (a) of Section 31-1a
26 of the Criminal Code of 1961 or the Criminal Code of

HB5597- 1784 -LRB098 15874 AMC 50917 b
1 2012.
2 (Y) A conviction for unlawful possession of a
3 firearm by a street gang member when the firearm was
4 loaded or contained firearm ammunition.
5 (Z) A Class 1 felony committed while he or she was
6 serving a term of probation or conditional discharge
7 for a felony.
8 (AA) Theft of property exceeding $500,000 and not
9 exceeding $1,000,000 in value.
10 (BB) Laundering of criminally derived property of
11 a value exceeding $500,000.
12 (CC) Knowingly selling, offering for sale, holding
13 for sale, or using 2,000 or more counterfeit items or
14 counterfeit items having a retail value in the
15 aggregate of $500,000 or more.
16 (DD) A conviction for aggravated assault under
17 paragraph (6) of subsection (c) of Section 12-2 of the
18 Criminal Code of 1961 or the Criminal Code of 2012 if
19 the firearm is aimed toward the person against whom the
20 firearm is being used.
21 (3) (Blank).
22 (4) A minimum term of imprisonment of not less than 10
23 consecutive days or 30 days of community service shall be
24 imposed for a violation of paragraph (c) of Section 6-303
25 of the Illinois Vehicle Code.
26 (4.1) (Blank).

HB5597- 1785 -LRB098 15874 AMC 50917 b
1 (4.2) Except as provided in paragraphs (4.3) and (4.8)
2 of this subsection (c), a minimum of 100 hours of community
3 service shall be imposed for a second violation of Section
4 6-303 of the Illinois Vehicle Code.
5 (4.3) A minimum term of imprisonment of 30 days or 300
6 hours of community service, as determined by the court,
7 shall be imposed for a second violation of subsection (c)
8 of Section 6-303 of the Illinois Vehicle Code.
9 (4.4) Except as provided in paragraphs (4.5), (4.6),
10 and (4.9) of this subsection (c), a minimum term of
11 imprisonment of 30 days or 300 hours of community service,
12 as determined by the court, shall be imposed for a third or
13 subsequent violation of Section 6-303 of the Illinois
14 Vehicle Code.
15 (4.5) A minimum term of imprisonment of 30 days shall
16 be imposed for a third violation of subsection (c) of
17 Section 6-303 of the Illinois Vehicle Code.
18 (4.6) Except as provided in paragraph (4.10) of this
19 subsection (c), a minimum term of imprisonment of 180 days
20 shall be imposed for a fourth or subsequent violation of
21 subsection (c) of Section 6-303 of the Illinois Vehicle
22 Code.
23 (4.7) A minimum term of imprisonment of not less than
24 30 consecutive days, or 300 hours of community service,
25 shall be imposed for a violation of subsection (a-5) of
26 Section 6-303 of the Illinois Vehicle Code, as provided in

HB5597- 1786 -LRB098 15874 AMC 50917 b
1 subsection (b-5) of that Section.
2 (4.8) A mandatory prison sentence shall be imposed for
3 a second violation of subsection (a-5) of Section 6-303 of
4 the Illinois Vehicle Code, as provided in subsection (c-5)
5 of that Section. The person's driving privileges shall be
6 revoked for a period of not less than 5 years from the date
7 of his or her release from prison.
8 (4.9) A mandatory prison sentence of not less than 4
9 and not more than 15 years shall be imposed for a third
10 violation of subsection (a-5) of Section 6-303 of the
11 Illinois Vehicle Code, as provided in subsection (d-2.5) of
12 that Section. The person's driving privileges shall be
13 revoked for the remainder of his or her life.
14 (4.10) A mandatory prison sentence for a Class 1 felony
15 shall be imposed, and the person shall be eligible for an
16 extended term sentence, for a fourth or subsequent
17 violation of subsection (a-5) of Section 6-303 of the
18 Illinois Vehicle Code, as provided in subsection (d-3.5) of
19 that Section. The person's driving privileges shall be
20 revoked for the remainder of his or her life.
21 (5) The court may sentence a corporation or
22 unincorporated association convicted of any offense to:
23 (A) a period of conditional discharge;
24 (B) a fine;
25 (C) make restitution to the victim under Section
26 5-5-6 of this Code.

HB5597- 1787 -LRB098 15874 AMC 50917 b
1 (5.1) In addition to any other penalties imposed, and
2 except as provided in paragraph (5.2) or (5.3), a person
3 convicted of violating subsection (c) of Section 11-907 of
4 the Illinois Vehicle Code shall have his or her driver's
5 license, permit, or privileges suspended for at least 90
6 days but not more than one year, if the violation resulted
7 in damage to the property of another person.
8 (5.2) In addition to any other penalties imposed, and
9 except as provided in paragraph (5.3), a person convicted
10 of violating subsection (c) of Section 11-907 of the
11 Illinois Vehicle Code shall have his or her driver's
12 license, permit, or privileges suspended for at least 180
13 days but not more than 2 years, if the violation resulted
14 in injury to another person.
15 (5.3) In addition to any other penalties imposed, a
16 person convicted of violating subsection (c) of Section
17 11-907 of the Illinois Vehicle Code shall have his or her
18 driver's license, permit, or privileges suspended for 2
19 years, if the violation resulted in the death of another
20 person.
21 (5.4) In addition to any other penalties imposed, a
22 person convicted of violating Section 3-707 of the Illinois
23 Vehicle Code shall have his or her driver's license,
24 permit, or privileges suspended for 3 months and until he
25 or she has paid a reinstatement fee of $100.
26 (5.5) In addition to any other penalties imposed, a

HB5597- 1788 -LRB098 15874 AMC 50917 b
1 person convicted of violating Section 3-707 of the Illinois
2 Vehicle Code during a period in which his or her driver's
3 license, permit, or privileges were suspended for a
4 previous violation of that Section shall have his or her
5 driver's license, permit, or privileges suspended for an
6 additional 6 months after the expiration of the original
7 3-month suspension and until he or she has paid a
8 reinstatement fee of $100.
9 (6) (Blank).
10 (7) (Blank).
11 (8) (Blank).
12 (9) A defendant convicted of a second or subsequent
13 offense of ritualized abuse of a child may be sentenced to
14 a term of natural life imprisonment.
15 (10) (Blank).
16 (11) The court shall impose a minimum fine of $1,000
17 for a first offense and $2,000 for a second or subsequent
18 offense upon a person convicted of or placed on supervision
19 for battery when the individual harmed was a sports
20 official or coach at any level of competition and the act
21 causing harm to the sports official or coach occurred
22 within an athletic facility or within the immediate
23 vicinity of the athletic facility at which the sports
24 official or coach was an active participant of the athletic
25 contest held at the athletic facility. For the purposes of
26 this paragraph (11), "sports official" means a person at an

HB5597- 1789 -LRB098 15874 AMC 50917 b
1 athletic contest who enforces the rules of the contest,
2 such as an umpire or referee; "athletic facility" means an
3 indoor or outdoor playing field or recreational area where
4 sports activities are conducted; and "coach" means a person
5 recognized as a coach by the sanctioning authority that
6 conducted the sporting event.
7 (12) A person may not receive a disposition of court
8 supervision for a violation of Section 5-16 of the Boat
9 Registration and Safety Act if that person has previously
10 received a disposition of court supervision for a violation
11 of that Section.
12 (13) A person convicted of or placed on court
13 supervision for an assault or aggravated assault when the
14 victim and the offender are family or household members as
15 defined in Section 103 of the Illinois Domestic Violence
16 Act of 1986 or convicted of domestic battery or aggravated
17 domestic battery may be required to attend a Partner Abuse
18 Intervention Program under protocols set forth by the
19 Illinois Department of Human Services under such terms and
20 conditions imposed by the court. The costs of such classes
21 shall be paid by the offender.
22 (d) In any case in which a sentence originally imposed is
23vacated, the case shall be remanded to the trial court. The
24trial court shall hold a hearing under Section 5-4-1 of the
25Unified Code of Corrections which may include evidence of the
26defendant's life, moral character and occupation during the

HB5597- 1790 -LRB098 15874 AMC 50917 b
1time since the original sentence was passed. The trial court
2shall then impose sentence upon the defendant. The trial court
3may impose any sentence which could have been imposed at the
4original trial subject to Section 5-5-4 of the Unified Code of
5Corrections. If a sentence is vacated on appeal or on
6collateral attack due to the failure of the trier of fact at
7trial to determine beyond a reasonable doubt the existence of a
8fact (other than a prior conviction) necessary to increase the
9punishment for the offense beyond the statutory maximum
10otherwise applicable, either the defendant may be re-sentenced
11to a term within the range otherwise provided or, if the State
12files notice of its intention to again seek the extended
13sentence, the defendant shall be afforded a new trial.
14 (e) In cases where prosecution for aggravated criminal
15sexual abuse under Section 11-1.60 or 12-16 of the Criminal
16Code of 1961 or the Criminal Code of 2012 results in conviction
17of a defendant who was a family member of the victim at the
18time of the commission of the offense, the court shall consider
19the safety and welfare of the victim and may impose a sentence
20of probation only where:
21 (1) the court finds (A) or (B) or both are appropriate:
22 (A) the defendant is willing to undergo a court
23 approved counseling program for a minimum duration of 2
24 years; or
25 (B) the defendant is willing to participate in a
26 court approved plan including but not limited to the

HB5597- 1791 -LRB098 15874 AMC 50917 b
1 defendant's:
2 (i) removal from the household;
3 (ii) restricted contact with the victim;
4 (iii) continued financial support of the
5 family;
6 (iv) restitution for harm done to the victim;
7 and
8 (v) compliance with any other measures that
9 the court may deem appropriate; and
10 (2) the court orders the defendant to pay for the
11 victim's counseling services, to the extent that the court
12 finds, after considering the defendant's income and
13 assets, that the defendant is financially capable of paying
14 for such services, if the victim was under 18 years of age
15 at the time the offense was committed and requires
16 counseling as a result of the offense.
17 Probation may be revoked or modified pursuant to Section
185-6-4; except where the court determines at the hearing that
19the defendant violated a condition of his or her probation
20restricting contact with the victim or other family members or
21commits another offense with the victim or other family
22members, the court shall revoke the defendant's probation and
23impose a term of imprisonment.
24 For the purposes of this Section, "family member" and
25"victim" shall have the meanings ascribed to them in Section
2611-0.1 of the Criminal Code of 2012.

HB5597- 1792 -LRB098 15874 AMC 50917 b
1 (f) (Blank).
2 (g) Whenever a defendant is convicted of an offense under
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
411-14.3, 11-14.4 except for an offense that involves keeping a
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
712-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
8Criminal Code of 2012, the defendant shall undergo medical
9testing to determine whether the defendant has any sexually
10transmissible disease, including a test for infection with
11human immunodeficiency virus (HIV) or any other identified
12causative agent of acquired immunodeficiency syndrome (AIDS).
13Any such medical test shall be performed only by appropriately
14licensed medical practitioners and may include an analysis of
15any bodily fluids as well as an examination of the defendant's
16person. Except as otherwise provided by law, the results of
17such test shall be kept strictly confidential by all medical
18personnel involved in the testing and must be personally
19delivered in a sealed envelope to the judge of the court in
20which the conviction was entered for the judge's inspection in
21camera. Acting in accordance with the best interests of the
22victim and the public, the judge shall have the discretion to
23determine to whom, if anyone, the results of the testing may be
24revealed. The court shall notify the defendant of the test
25results. The court shall also notify the victim if requested by
26the victim, and if the victim is under the age of 15 and if

HB5597- 1793 -LRB098 15874 AMC 50917 b
1requested by the victim's parents or legal guardian, the court
2shall notify the victim's parents or legal guardian of the test
3results. The court shall provide information on the
4availability of HIV testing and counseling at Department of
5Public Health facilities to all parties to whom the results of
6the testing are revealed and shall direct the State's Attorney
7to provide the information to the victim when possible. A
8State's Attorney may petition the court to obtain the results
9of any HIV test administered under this Section, and the court
10shall grant the disclosure if the State's Attorney shows it is
11relevant in order to prosecute a charge of criminal
12transmission of HIV under Section 12-5.01 or 12-16.2 of the
13Criminal Code of 1961 or the Criminal Code of 2012 against the
14defendant. The court shall order that the cost of any such test
15shall be paid by the county and may be taxed as costs against
16the convicted defendant.
17 (g-5) When an inmate is tested for an airborne communicable
18disease, as determined by the Illinois Department of Public
19Health including but not limited to tuberculosis, the results
20of the test shall be personally delivered by the warden or his
21or her designee in a sealed envelope to the judge of the court
22in which the inmate must appear for the judge's inspection in
23camera if requested by the judge. Acting in accordance with the
24best interests of those in the courtroom, the judge shall have
25the discretion to determine what if any precautions need to be
26taken to prevent transmission of the disease in the courtroom.

HB5597- 1794 -LRB098 15874 AMC 50917 b
1 (h) Whenever a defendant is convicted of an offense under
2Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
3defendant shall undergo medical testing to determine whether
4the defendant has been exposed to human immunodeficiency virus
5(HIV) or any other identified causative agent of acquired
6immunodeficiency syndrome (AIDS). Except as otherwise provided
7by law, the results of such test shall be kept strictly
8confidential by all medical personnel involved in the testing
9and must be personally delivered in a sealed envelope to the
10judge of the court in which the conviction was entered for the
11judge's inspection in camera. Acting in accordance with the
12best interests of the public, the judge shall have the
13discretion to determine to whom, if anyone, the results of the
14testing may be revealed. The court shall notify the defendant
15of a positive test showing an infection with the human
16immunodeficiency virus (HIV). The court shall provide
17information on the availability of HIV testing and counseling
18at Department of Public Health facilities to all parties to
19whom the results of the testing are revealed and shall direct
20the State's Attorney to provide the information to the victim
21when possible. A State's Attorney may petition the court to
22obtain the results of any HIV test administered under this
23Section, and the court shall grant the disclosure if the
24State's Attorney shows it is relevant in order to prosecute a
25charge of criminal transmission of HIV under Section 12-5.01 or
2612-16.2 of the Criminal Code of 1961 or the Criminal Code of

HB5597- 1795 -LRB098 15874 AMC 50917 b
12012 against the defendant. The court shall order that the cost
2of any such test shall be paid by the county and may be taxed as
3costs against the convicted defendant.
4 (i) All fines and penalties imposed under this Section for
5any violation of Chapters 3, 4, 6, and 11 of the Illinois
6Vehicle Code, or a similar provision of a local ordinance, and
7any violation of the Child Passenger Protection Act, or a
8similar provision of a local ordinance, shall be collected and
9disbursed by the circuit clerk as provided under Section 27.5
10of the Clerks of Courts Act.
11 (j) In cases when prosecution for any violation of Section
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1411-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1612-15, or 12-16 of the Criminal Code of 1961 or the Criminal
17Code of 2012, any violation of the Illinois Controlled
18Substances Act, any violation of the Cannabis Control Act, or
19any violation of the Methamphetamine Control and Community
20Protection Act results in conviction, a disposition of court
21supervision, or an order of probation granted under Section 10
22of the Cannabis Control Act, Section 410 of the Illinois
23Controlled Substances Substance Act, or Section 70 of the
24Methamphetamine Control and Community Protection Act of a
25defendant, the court shall determine whether the defendant is
26employed by a facility or center as defined under the Child

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1Care Act of 1969, a public or private elementary or secondary
2school, or otherwise works with children under 18 years of age
3on a daily basis. When a defendant is so employed, the court
4shall order the Clerk of the Court to send a copy of the
5judgment of conviction or order of supervision or probation to
6the defendant's employer by certified mail. If the employer of
7the defendant is a school, the Clerk of the Court shall direct
8the mailing of a copy of the judgment of conviction or order of
9supervision or probation to the appropriate regional
10superintendent of schools. The regional superintendent of
11schools shall notify the State Board of Education of any
12notification under this subsection.
13 (j-5) A defendant at least 17 years of age who is convicted
14of a felony and who has not been previously convicted of a
15misdemeanor or felony and who is sentenced to a term of
16imprisonment in the Illinois Department of Corrections shall as
17a condition of his or her sentence be required by the court to
18attend educational courses designed to prepare the defendant
19for a high school diploma and to work toward a high school
20diploma or to work toward passing the high school level Test of
21General Educational Development (GED) or to work toward
22completing a vocational training program offered by the
23Department of Corrections. If a defendant fails to complete the
24educational training required by his or her sentence during the
25term of incarceration, the Prisoner Review Board shall, as a
26condition of mandatory supervised release, require the

HB5597- 1797 -LRB098 15874 AMC 50917 b
1defendant, at his or her own expense, to pursue a course of
2study toward a high school diploma or passage of the GED test.
3The Prisoner Review Board shall revoke the mandatory supervised
4release of a defendant who wilfully fails to comply with this
5subsection (j-5) upon his or her release from confinement in a
6penal institution while serving a mandatory supervised release
7term; however, the inability of the defendant after making a
8good faith effort to obtain financial aid or pay for the
9educational training shall not be deemed a wilful failure to
10comply. The Prisoner Review Board shall recommit the defendant
11whose mandatory supervised release term has been revoked under
12this subsection (j-5) as provided in Section 3-3-9. This
13subsection (j-5) does not apply to a defendant who has a high
14school diploma or has successfully passed the GED test. This
15subsection (j-5) does not apply to a defendant who is
16determined by the court to be developmentally disabled or
17otherwise mentally incapable of completing the educational or
18vocational program.
19 (k) (Blank).
20 (l) (A) Except as provided in paragraph (C) of subsection
21 (l), whenever a defendant, who is an alien as defined by
22 the Immigration and Nationality Act, is convicted of any
23 felony or misdemeanor offense, the court after sentencing
24 the defendant may, upon motion of the State's Attorney,
25 hold sentence in abeyance and remand the defendant to the
26 custody of the Attorney General of the United States or his

HB5597- 1798 -LRB098 15874 AMC 50917 b
1 or her designated agent to be deported when:
2 (1) a final order of deportation has been issued
3 against the defendant pursuant to proceedings under
4 the Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct
7 and would not be inconsistent with the ends of justice.
8 Otherwise, the defendant shall be sentenced as
9 provided in this Chapter V.
10 (B) If the defendant has already been sentenced for a
11 felony or misdemeanor offense, or has been placed on
12 probation under Section 10 of the Cannabis Control Act,
13 Section 410 of the Illinois Controlled Substances Act, or
14 Section 70 of the Methamphetamine Control and Community
15 Protection Act, the court may, upon motion of the State's
16 Attorney to suspend the sentence imposed, commit the
17 defendant to the custody of the Attorney General of the
18 United States or his or her designated agent when:
19 (1) a final order of deportation has been issued
20 against the defendant pursuant to proceedings under
21 the Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct
24 and would not be inconsistent with the ends of justice.
25 (C) This subsection (l) does not apply to offenders who
26 are subject to the provisions of paragraph (2) of

HB5597- 1799 -LRB098 15874 AMC 50917 b
1 subsection (a) of Section 3-6-3.
2 (D) Upon motion of the State's Attorney, if a defendant
3 sentenced under this Section returns to the jurisdiction of
4 the United States, the defendant shall be recommitted to
5 the custody of the county from which he or she was
6 sentenced. Thereafter, the defendant shall be brought
7 before the sentencing court, which may impose any sentence
8 that was available under Section 5-5-3 at the time of
9 initial sentencing. In addition, the defendant shall not be
10 eligible for additional sentence credit for good conduct as
11 provided under Section 3-6-3.
12 (m) A person convicted of criminal defacement of property
13under Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012, in which the property damage exceeds
15$300 and the property damaged is a school building, shall be
16ordered to perform community service that may include cleanup,
17removal, or painting over the defacement.
18 (n) The court may sentence a person convicted of a
19violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
20subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
21of 1961 or the Criminal Code of 2012 (i) to an impact
22incarceration program if the person is otherwise eligible for
23that program under Section 5-8-1.1, (ii) to community service,
24or (iii) if the person is an addict or alcoholic, as defined in
25the Alcoholism and Other Drug Abuse and Dependency Act, to a
26substance or alcohol abuse program licensed under that Act.

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1 (o) Whenever a person is convicted of a sex offense as
2defined in Section 2 of the Sex Offender Registration Act, the
3defendant's driver's license or permit shall be subject to
4renewal on an annual basis in accordance with the provisions of
5license renewal established by the Secretary of State.
6(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
796-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
81, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
9eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
1097-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
118-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
12eff. 1-25-13; revised 11-12-13.)
13 (730 ILCS 5/5-5-3.2)
14 Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
15Sentencing.
16 (a) The following factors shall be accorded weight in favor
17of imposing a term of imprisonment or may be considered by the
18court as reasons to impose a more severe sentence under Section
195-8-1 or Article 4.5 of Chapter V:
20 (1) the defendant's conduct caused or threatened
21 serious harm;
22 (2) the defendant received compensation for committing
23 the offense;
24 (3) the defendant has a history of prior delinquency or
25 criminal activity;

HB5597- 1801 -LRB098 15874 AMC 50917 b
1 (4) the defendant, by the duties of his office or by
2 his position, was obliged to prevent the particular offense
3 committed or to bring the offenders committing it to
4 justice;
5 (5) the defendant held public office at the time of the
6 offense, and the offense related to the conduct of that
7 office;
8 (6) the defendant utilized his professional reputation
9 or position in the community to commit the offense, or to
10 afford him an easier means of committing it;
11 (7) the sentence is necessary to deter others from
12 committing the same crime;
13 (8) the defendant committed the offense against a
14 person 60 years of age or older or such person's property;
15 (9) the defendant committed the offense against a
16 person who is physically handicapped or such person's
17 property;
18 (10) by reason of another individual's actual or
19 perceived race, color, creed, religion, ancestry, gender,
20 sexual orientation, physical or mental disability, or
21 national origin, the defendant committed the offense
22 against (i) the person or property of that individual; (ii)
23 the person or property of a person who has an association
24 with, is married to, or has a friendship with the other
25 individual; or (iii) the person or property of a relative
26 (by blood or marriage) of a person described in clause (i)

HB5597- 1802 -LRB098 15874 AMC 50917 b
1 or (ii). For the purposes of this Section, "sexual
2 orientation" means heterosexuality, homosexuality, or
3 bisexuality;
4 (11) the offense took place in a place of worship or on
5 the grounds of a place of worship, immediately prior to,
6 during or immediately following worship services. For
7 purposes of this subparagraph, "place of worship" shall
8 mean any church, synagogue or other building, structure or
9 place used primarily for religious worship;
10 (12) the defendant was convicted of a felony committed
11 while he was released on bail or his own recognizance
12 pending trial for a prior felony and was convicted of such
13 prior felony, or the defendant was convicted of a felony
14 committed while he was serving a period of probation,
15 conditional discharge, or mandatory supervised release
16 under subsection (d) of Section 5-8-1 for a prior felony;
17 (13) the defendant committed or attempted to commit a
18 felony while he was wearing a bulletproof vest. For the
19 purposes of this paragraph (13), a bulletproof vest is any
20 device which is designed for the purpose of protecting the
21 wearer from bullets, shot or other lethal projectiles;
22 (14) the defendant held a position of trust or
23 supervision such as, but not limited to, family member as
24 defined in Section 11-0.1 of the Criminal Code of 2012,
25 teacher, scout leader, baby sitter, or day care worker, in
26 relation to a victim under 18 years of age, and the

HB5597- 1803 -LRB098 15874 AMC 50917 b
1 defendant committed an offense in violation of Section
2 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
3 11-14.4 except for an offense that involves keeping a place
4 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
5 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
6 or 12-16 of the Criminal Code of 1961 or the Criminal Code
7 of 2012 against that victim;
8 (15) the defendant committed an offense related to the
9 activities of an organized gang. For the purposes of this
10 factor, "organized gang" has the meaning ascribed to it in
11 Section 10 of the Streetgang Terrorism Omnibus Prevention
12 Act;
13 (16) the defendant committed an offense in violation of
14 one of the following Sections while in a school, regardless
15 of the time of day or time of year; on any conveyance
16 owned, leased, or contracted by a school to transport
17 students to or from school or a school related activity; on
18 the real property of a school; or on a public way within
19 1,000 feet of the real property comprising any school:
20 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
21 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
22 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
23 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
24 18-2, or 33A-2, or Section 12-3.05 except for subdivision
25 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
26 Criminal Code of 2012;

HB5597- 1804 -LRB098 15874 AMC 50917 b
1 (16.5) the defendant committed an offense in violation
2 of one of the following Sections while in a day care
3 center, regardless of the time of day or time of year; on
4 the real property of a day care center, regardless of the
5 time of day or time of year; or on a public way within
6 1,000 feet of the real property comprising any day care
7 center, regardless of the time of day or time of year:
8 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
9 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
10 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
11 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12 18-2, or 33A-2, or Section 12-3.05 except for subdivision
13 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
14 Criminal Code of 2012;
15 (17) the defendant committed the offense by reason of
16 any person's activity as a community policing volunteer or
17 to prevent any person from engaging in activity as a
18 community policing volunteer. For the purpose of this
19 Section, "community policing volunteer" has the meaning
20 ascribed to it in Section 2-3.5 of the Criminal Code of
21 2012;
22 (18) the defendant committed the offense in a nursing
23 home or on the real property comprising a nursing home. For
24 the purposes of this paragraph (18), "nursing home" means a
25 skilled nursing or intermediate long term care facility
26 that is subject to license by the Illinois Department of

HB5597- 1805 -LRB098 15874 AMC 50917 b
1 Public Health under the Nursing Home Care Act, the
2 Specialized Mental Health Rehabilitation Act of 2013, or
3 the ID/DD Community Care Act;
4 (19) the defendant was a federally licensed firearm
5 dealer and was previously convicted of a violation of
6 subsection (a) of Section 3 of the Firearm Owners
7 Identification Card Act and has now committed either a
8 felony violation of the Firearm Owners Identification Card
9 Act or an act of armed violence while armed with a firearm;
10 (20) the defendant (i) committed the offense of
11 reckless homicide under Section 9-3 of the Criminal Code of
12 1961 or the Criminal Code of 2012 or the offense of driving
13 under the influence of alcohol, other drug or drugs,
14 intoxicating compound or compounds or any combination
15 thereof under Section 11-501 of the Illinois Vehicle Code
16 or a similar provision of a local ordinance and (ii) was
17 operating a motor vehicle in excess of 20 miles per hour
18 over the posted speed limit as provided in Article VI of
19 Chapter 11 of the Illinois Vehicle Code;
20 (21) the defendant (i) committed the offense of
21 reckless driving or aggravated reckless driving under
22 Section 11-503 of the Illinois Vehicle Code and (ii) was
23 operating a motor vehicle in excess of 20 miles per hour
24 over the posted speed limit as provided in Article VI of
25 Chapter 11 of the Illinois Vehicle Code;
26 (22) the defendant committed the offense against a

HB5597- 1806 -LRB098 15874 AMC 50917 b
1 person that the defendant knew, or reasonably should have
2 known, was a member of the Armed Forces of the United
3 States serving on active duty. For purposes of this clause
4 (22), the term "Armed Forces" means any of the Armed Forces
5 of the United States, including a member of any reserve
6 component thereof or National Guard unit called to active
7 duty;
8 (23) the defendant committed the offense against a
9 person who was elderly, disabled, or infirm by taking
10 advantage of a family or fiduciary relationship with the
11 elderly, disabled, or infirm person;
12 (24) the defendant committed any offense under Section
13 11-20.1 of the Criminal Code of 1961 or the Criminal Code
14 of 2012 and possessed 100 or more images;
15 (25) the defendant committed the offense while the
16 defendant or the victim was in a train, bus, or other
17 vehicle used for public transportation;
18 (26) the defendant committed the offense of child
19 pornography or aggravated child pornography, specifically
20 including paragraph (1), (2), (3), (4), (5), or (7) of
21 subsection (a) of Section 11-20.1 of the Criminal Code of
22 1961 or the Criminal Code of 2012 where a child engaged in,
23 solicited for, depicted in, or posed in any act of sexual
24 penetration or bound, fettered, or subject to sadistic,
25 masochistic, or sadomasochistic abuse in a sexual context
26 and specifically including paragraph (1), (2), (3), (4),

HB5597- 1807 -LRB098 15874 AMC 50917 b
1 (5), or (7) of subsection (a) of Section 11-20.1B or
2 Section 11-20.3 of the Criminal Code of 1961 where a child
3 engaged in, solicited for, depicted in, or posed in any act
4 of sexual penetration or bound, fettered, or subject to
5 sadistic, masochistic, or sadomasochistic abuse in a
6 sexual context;
7 (27) the defendant committed the offense of first
8 degree murder, assault, aggravated assault, battery,
9 aggravated battery, robbery, armed robbery, or aggravated
10 robbery against a person who was a veteran and the
11 defendant knew, or reasonably should have known, that the
12 person was a veteran performing duties as a representative
13 of a veterans' organization. For the purposes of this
14 paragraph (27), "veteran" means an Illinois resident who
15 has served as a member of the United States Armed Forces, a
16 member of the Illinois National Guard, or a member of the
17 United States Reserve Forces; and "veterans' organization"
18 means an organization comprised of members of which
19 substantially all are individuals who are veterans or
20 spouses, widows, or widowers of veterans, the primary
21 purpose of which is to promote the welfare of its members
22 and to provide assistance to the general public in such a
23 way as to confer a public benefit; or
24 (28) the defendant committed the offense of assault,
25 aggravated assault, battery, aggravated battery, robbery,
26 armed robbery, or aggravated robbery against a person that

HB5597- 1808 -LRB098 15874 AMC 50917 b
1 the defendant knew or reasonably should have known was a
2 letter carrier or postal worker while that person was
3 performing his or her duties delivering mail for the United
4 States Postal Service.
5 For the purposes of this Section:
6 "School" is defined as a public or private elementary or
7secondary school, community college, college, or university.
8 "Day care center" means a public or private State certified
9and licensed day care center as defined in Section 2.09 of the
10Child Care Act of 1969 that displays a sign in plain view
11stating that the property is a day care center.
12 "Public transportation" means the transportation or
13conveyance of persons by means available to the general public,
14and includes paratransit services.
15 (b) The following factors, related to all felonies, may be
16considered by the court as reasons to impose an extended term
17sentence under Section 5-8-2 upon any offender:
18 (1) When a defendant is convicted of any felony, after
19 having been previously convicted in Illinois or any other
20 jurisdiction of the same or similar class felony or greater
21 class felony, when such conviction has occurred within 10
22 years after the previous conviction, excluding time spent
23 in custody, and such charges are separately brought and
24 tried and arise out of different series of acts; or
25 (2) When a defendant is convicted of any felony and the
26 court finds that the offense was accompanied by

HB5597- 1809 -LRB098 15874 AMC 50917 b
1 exceptionally brutal or heinous behavior indicative of
2 wanton cruelty; or
3 (3) When a defendant is convicted of any felony
4 committed against:
5 (i) a person under 12 years of age at the time of
6 the offense or such person's property;
7 (ii) a person 60 years of age or older at the time
8 of the offense or such person's property; or
9 (iii) a person physically handicapped at the time
10 of the offense or such person's property; or
11 (4) When a defendant is convicted of any felony and the
12 offense involved any of the following types of specific
13 misconduct committed as part of a ceremony, rite,
14 initiation, observance, performance, practice or activity
15 of any actual or ostensible religious, fraternal, or social
16 group:
17 (i) the brutalizing or torturing of humans or
18 animals;
19 (ii) the theft of human corpses;
20 (iii) the kidnapping of humans;
21 (iv) the desecration of any cemetery, religious,
22 fraternal, business, governmental, educational, or
23 other building or property; or
24 (v) ritualized abuse of a child; or
25 (5) When a defendant is convicted of a felony other
26 than conspiracy and the court finds that the felony was

HB5597- 1810 -LRB098 15874 AMC 50917 b
1 committed under an agreement with 2 or more other persons
2 to commit that offense and the defendant, with respect to
3 the other individuals, occupied a position of organizer,
4 supervisor, financier, or any other position of management
5 or leadership, and the court further finds that the felony
6 committed was related to or in furtherance of the criminal
7 activities of an organized gang or was motivated by the
8 defendant's leadership in an organized gang; or
9 (6) When a defendant is convicted of an offense
10 committed while using a firearm with a laser sight attached
11 to it. For purposes of this paragraph, "laser sight" has
12 the meaning ascribed to it in Section 26-7 of the Criminal
13 Code of 2012; or
14 (7) When a defendant who was at least 17 years of age
15 at the time of the commission of the offense is convicted
16 of a felony and has been previously adjudicated a
17 delinquent minor under the Juvenile Court Act of 1987 for
18 an act that if committed by an adult would be a Class X or
19 Class 1 felony when the conviction has occurred within 10
20 years after the previous adjudication, excluding time
21 spent in custody; or
22 (8) When a defendant commits any felony and the
23 defendant used, possessed, exercised control over, or
24 otherwise directed an animal to assault a law enforcement
25 officer engaged in the execution of his or her official
26 duties or in furtherance of the criminal activities of an

HB5597- 1811 -LRB098 15874 AMC 50917 b
1 organized gang in which the defendant is engaged; or
2 (9) When a defendant commits any felony and the
3 defendant knowingly video or audio records the offense with
4 the intent to disseminate the recording.
5 (c) The following factors may be considered by the court as
6reasons to impose an extended term sentence under Section 5-8-2
7(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
8 (1) When a defendant is convicted of first degree
9 murder, after having been previously convicted in Illinois
10 of any offense listed under paragraph (c)(2) of Section
11 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
12 within 10 years after the previous conviction, excluding
13 time spent in custody, and the charges are separately
14 brought and tried and arise out of different series of
15 acts.
16 (1.5) When a defendant is convicted of first degree
17 murder, after having been previously convicted of domestic
18 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
19 (720 ILCS 5/12-3.3) committed on the same victim or after
20 having been previously convicted of violation of an order
21 of protection (720 ILCS 5/12-30) in which the same victim
22 was the protected person.
23 (2) When a defendant is convicted of voluntary
24 manslaughter, second degree murder, involuntary
25 manslaughter, or reckless homicide in which the defendant
26 has been convicted of causing the death of more than one

HB5597- 1812 -LRB098 15874 AMC 50917 b
1 individual.
2 (3) When a defendant is convicted of aggravated
3 criminal sexual assault or criminal sexual assault, when
4 there is a finding that aggravated criminal sexual assault
5 or criminal sexual assault was also committed on the same
6 victim by one or more other individuals, and the defendant
7 voluntarily participated in the crime with the knowledge of
8 the participation of the others in the crime, and the
9 commission of the crime was part of a single course of
10 conduct during which there was no substantial change in the
11 nature of the criminal objective.
12 (4) If the victim was under 18 years of age at the time
13 of the commission of the offense, when a defendant is
14 convicted of aggravated criminal sexual assault or
15 predatory criminal sexual assault of a child under
16 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
17 of Section 12-14.1 of the Criminal Code of 1961 or the
18 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
19 (5) When a defendant is convicted of a felony violation
20 of Section 24-1 of the Criminal Code of 1961 or the
21 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
22 finding that the defendant is a member of an organized
23 gang.
24 (6) When a defendant was convicted of unlawful use of
25 weapons under Section 24-1 of the Criminal Code of 1961 or
26 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

HB5597- 1813 -LRB098 15874 AMC 50917 b
1 a weapon that is not readily distinguishable as one of the
2 weapons enumerated in Section 24-1 of the Criminal Code of
3 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
4 (7) When a defendant is convicted of an offense
5 involving the illegal manufacture of a controlled
6 substance under Section 401 of the Illinois Controlled
7 Substances Act (720 ILCS 570/401), the illegal manufacture
8 of methamphetamine under Section 25 of the Methamphetamine
9 Control and Community Protection Act (720 ILCS 646/25), or
10 the illegal possession of explosives and an emergency
11 response officer in the performance of his or her duties is
12 killed or injured at the scene of the offense while
13 responding to the emergency caused by the commission of the
14 offense. In this paragraph, "emergency" means a situation
15 in which a person's life, health, or safety is in jeopardy;
16 and "emergency response officer" means a peace officer,
17 community policing volunteer, fireman, emergency medical
18 technician-ambulance, emergency medical
19 technician-intermediate, emergency medical
20 technician-paramedic, ambulance driver, other medical
21 assistance or first aid personnel, or hospital emergency
22 room personnel.
23 (8) When the defendant is convicted of attempted mob
24 action, solicitation to commit mob action, or conspiracy to
25 commit mob action under Section 8-1, 8-2, or 8-4 of the
26 Criminal Code of 2012, where the criminal object is a

HB5597- 1814 -LRB098 15874 AMC 50917 b
1 violation of Section 25-1 of the Criminal Code of 2012, and
2 an electronic communication is used in the commission of
3 the offense. For the purposes of this paragraph (8),
4 "electronic communication" shall have the meaning provided
5 in Section 26.5-0.1 of the Criminal Code of 2012.
6 (d) For the purposes of this Section, "organized gang" has
7the meaning ascribed to it in Section 10 of the Illinois
8Streetgang Terrorism Omnibus Prevention Act.
9 (e) The court may impose an extended term sentence under
10Article 4.5 of Chapter V upon an offender who has been
11convicted of a felony violation of Section 11-1.20, 11-1.30,
1211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
14when the victim of the offense is under 18 years of age at the
15time of the commission of the offense and, during the
16commission of the offense, the victim was under the influence
17of alcohol, regardless of whether or not the alcohol was
18supplied by the offender; and the offender, at the time of the
19commission of the offense, knew or should have known that the
20victim had consumed alcohol.
21(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
22eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
2397-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
241-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; revised
259-24-13.)

HB5597- 1815 -LRB098 15874 AMC 50917 b
1 (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
2 Sec. 5-5-5. Loss and Restoration of Rights.
3 (a) Conviction and disposition shall not entail the loss by
4the defendant of any civil rights, except under this Section
5and Sections 29-6 and 29-10 of The Election Code, as now or
6hereafter amended.
7 (b) A person convicted of a felony shall be ineligible to
8hold an office created by the Constitution of this State until
9the completion of his sentence.
10 (c) A person sentenced to imprisonment shall lose his right
11to vote until released from imprisonment.
12 (d) On completion of sentence of imprisonment or upon
13discharge from probation, conditional discharge or periodic
14imprisonment, or at any time thereafter, all license rights and
15privileges granted under the authority of this State which have
16been revoked or suspended because of conviction of an offense
17shall be restored unless the authority having jurisdiction of
18such license rights finds after investigation and hearing that
19restoration is not in the public interest. This paragraph (d)
20shall not apply to the suspension or revocation of a license to
21operate a motor vehicle under the Illinois Vehicle Code.
22 (e) Upon a person's discharge from incarceration or parole,
23or upon a person's discharge from probation or at any time
24thereafter, the committing court may enter an order certifying
25that the sentence has been satisfactorily completed when the
26court believes it would assist in the rehabilitation of the

HB5597- 1816 -LRB098 15874 AMC 50917 b
1person and be consistent with the public welfare. Such order
2may be entered upon the motion of the defendant or the State or
3upon the court's own motion.
4 (f) Upon entry of the order, the court shall issue to the
5person in whose favor the order has been entered a certificate
6stating that his behavior after conviction has warranted the
7issuance of the order.
8 (g) This Section shall not affect the right of a defendant
9to collaterally attack his conviction or to rely on it in bar
10of subsequent proceedings for the same offense.
11 (h) No application for any license specified in subsection
12(i) of this Section granted under the authority of this State
13shall be denied by reason of an eligible offender who has
14obtained a certificate of relief from disabilities, as defined
15in Article 5.5 of this Chapter, having been previously
16convicted of one or more criminal offenses, or by reason of a
17finding of lack of "good moral character" when the finding is
18based upon the fact that the applicant has previously been
19convicted of one or more criminal offenses, unless:
20 (1) there is a direct relationship between one or more
21 of the previous criminal offenses and the specific license
22 sought; or
23 (2) the issuance of the license would involve an
24 unreasonable risk to property or to the safety or welfare
25 of specific individuals or the general public.
26 In making such a determination, the licensing agency shall

HB5597- 1817 -LRB098 15874 AMC 50917 b
1consider the following factors:
2 (1) the public policy of this State, as expressed in
3 Article 5.5 of this Chapter, to encourage the licensure and
4 employment of persons previously convicted of one or more
5 criminal offenses;
6 (2) the specific duties and responsibilities
7 necessarily related to the license being sought;
8 (3) the bearing, if any, the criminal offenses or
9 offenses for which the person was previously convicted will
10 have on his or her fitness or ability to perform one or
11 more such duties and responsibilities;
12 (4) the time which has elapsed since the occurrence of
13 the criminal offense or offenses;
14 (5) the age of the person at the time of occurrence of
15 the criminal offense or offenses;
16 (6) the seriousness of the offense or offenses;
17 (7) any information produced by the person or produced
18 on his or her behalf in regard to his or her rehabilitation
19 and good conduct, including a certificate of relief from
20 disabilities issued to the applicant, which certificate
21 shall create a presumption of rehabilitation in regard to
22 the offense or offenses specified in the certificate; and
23 (8) the legitimate interest of the licensing agency in
24 protecting property, and the safety and welfare of specific
25 individuals or the general public.
26 (i) A certificate of relief from disabilities shall be

HB5597- 1818 -LRB098 15874 AMC 50917 b
1issued only for a license or certification issued under the
2following Acts:
3 (1) the Animal Welfare Act; except that a certificate
4 of relief from disabilities may not be granted to provide
5 for the issuance or restoration of a license under the
6 Animal Welfare Act for any person convicted of violating
7 Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
8 Care for Animals Act or Section 26-5 or 48-1 of the
9 Criminal Code of 1961 or the Criminal Code of 2012;
10 (2) the Illinois Athletic Trainers Practice Act;
11 (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
12 and Nail Technology Act of 1985;
13 (4) the Boiler and Pressure Vessel Repairer Regulation
14 Act;
15 (5) the Boxing and Full-contact Martial Arts Act;
16 (6) the Illinois Certified Shorthand Reporters Act of
17 1984;
18 (7) the Illinois Farm Labor Contractor Certification
19 Act;
20 (8) the Interior Design Title Act;
21 (9) the Illinois Professional Land Surveyor Act of
22 1989;
23 (10) the Illinois Landscape Architecture Act of 1989;
24 (11) the Marriage and Family Therapy Licensing Act;
25 (12) the Private Employment Agency Act;
26 (13) the Professional Counselor and Clinical

HB5597- 1819 -LRB098 15874 AMC 50917 b
1 Professional Counselor Licensing and Practice Act;
2 (14) the Real Estate License Act of 2000;
3 (15) the Illinois Roofing Industry Licensing Act;
4 (16) the Professional Engineering Practice Act of
5 1989;
6 (17) the Water Well and Pump Installation Contractor's
7 License Act;
8 (18) the Electrologist Licensing Act;
9 (19) the Auction License Act;
10 (20) the Illinois Architecture Practice Act of 1989;
11 (21) the Dietitian Nutritionist Practice Act;
12 (22) the Environmental Health Practitioner Licensing
13 Act;
14 (23) the Funeral Directors and Embalmers Licensing
15 Code;
16 (24) the Land Sales Registration Act of 1999;
17 (25) the Professional Geologist Licensing Act;
18 (26) the Illinois Public Accounting Act; and
19 (27) the Structural Engineering Practice Act of 1989.
20(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11;
2197-706, eff. 6-25-12; 97-1108, eff. 1-1-13; 97-1141, eff.
2212-28-12; 97-1150, eff. 1-25-13; revised 2-22-13.)
23 (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
24 Sec. 5-8A-3. Application.
25 (a) Except as provided in subsection (d), a person charged

HB5597- 1820 -LRB098 15874 AMC 50917 b
1with or convicted of an excluded offense may not be placed in
2an electronic home detention program, except for bond pending
3trial or appeal or while on parole, aftercare release, or
4mandatory supervised release.
5 (b) A person serving a sentence for a conviction of a Class
61 felony, other than an excluded offense, may be placed in an
7electronic home detention program for a period not to exceed
8the last 90 days of incarceration.
9 (c) A person serving a sentence for a conviction of a Class
10X felony, other than an excluded offense, may be placed in an
11electronic home detention program for a period not to exceed
12the last 90 days of incarceration, provided that the person was
13sentenced on or after the effective date of this amendatory Act
14of 1993 and provided that the court has not prohibited the
15program for the person in the sentencing order.
16 (d) A person serving a sentence for conviction of an
17offense other than for predatory criminal sexual assault of a
18child, aggravated criminal sexual assault, criminal sexual
19assault, aggravated criminal sexual abuse, or felony criminal
20sexual abuse, may be placed in an electronic home detention
21program for a period not to exceed the last 12 months of
22incarceration, provided that (i) the person is 55 years of age
23or older; (ii) the person is serving a determinate sentence;
24(iii) the person has served at least 25% of the sentenced
25prison term; and (iv) placement in an electronic home detention
26program is approved by the Prisoner Review Board.

HB5597- 1821 -LRB098 15874 AMC 50917 b
1 (e) A person serving a sentence for conviction of a Class
22, 3 or 4 felony offense which is not an excluded offense may
3be placed in an electronic home detention program pursuant to
4Department administrative directives.
5 (f) Applications for electronic home detention may include
6the following:
7 (1) pretrial or pre-adjudicatory detention;
8 (2) probation;
9 (3) conditional discharge;
10 (4) periodic imprisonment;
11 (5) parole, aftercare release, or mandatory supervised
12 release;
13 (6) work release;
14 (7) furlough; or
15 (8) post-trial incarceration.
16 (g) A person convicted of an offense described in clause
17(4) or (5) of subsection (d) of Section 5-8-1 of this Code
18shall be placed in an electronic home detention program for at
19least the first 2 years of the person's mandatory supervised
20release term.
21(Source: P.A. 98-558, eff. 1-1-14; revised 11-12-13.)
22 Section 725. The Code of Civil Procedure is amended by
23changing Sections 8-2001, 8-2005, 11-106, and 13-110 as
24follows:

HB5597- 1822 -LRB098 15874 AMC 50917 b
1 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
2 Sec. 8-2001. Examination of health care records.
3 (a) In this Section:
4 "Health care facility" or "facility" means a public or
5private hospital, ambulatory surgical treatment center,
6nursing home, independent practice association, or physician
7hospital organization, or any other entity where health care
8services are provided to any person. The term does not include
9a health care practitioner.
10 "Health care practitioner" means any health care
11practitioner, including a physician, dentist, podiatric
12physician, advanced practice nurse, physician assistant,
13clinical psychologist, or clinical social worker. The term
14includes a medical office, health care clinic, health
15department, group practice, and any other organizational
16structure for a licensed professional to provide health care
17services. The term does not include a health care facility.
18 (b) Every private and public health care facility shall,
19upon the request of any patient who has been treated in such
20health care facility, or any person, entity, or organization
21presenting a valid authorization for the release of records
22signed by the patient or the patient's legally authorized
23representative, or as authorized by Section 8-2001.5, permit
24the patient, his or her health care practitioner, authorized
25attorney, or any person, entity, or organization presenting a
26valid authorization for the release of records signed by the

HB5597- 1823 -LRB098 15874 AMC 50917 b
1patient or the patient's legally authorized representative to
2examine the health care facility patient care records,
3including but not limited to the history, bedside notes,
4charts, pictures and plates, kept in connection with the
5treatment of such patient, and permit copies of such records to
6be made by him or her or his or her health care practitioner or
7authorized attorney.
8 (c) Every health care practitioner shall, upon the request
9of any patient who has been treated by the health care
10practitioner, or any person, entity, or organization
11presenting a valid authorization for the release of records
12signed by the patient or the patient's legally authorized
13representative, permit the patient and the patient's health
14care practitioner or authorized attorney, or any person,
15entity, or organization presenting a valid authorization for
16the release of records signed by the patient or the patient's
17legally authorized representative, to examine and copy the
18patient's records, including but not limited to those relating
19to the diagnosis, treatment, prognosis, history, charts,
20pictures and plates, kept in connection with the treatment of
21such patient.
22 (d) A request for copies of the records shall be in writing
23and shall be delivered to the administrator or manager of such
24health care facility or to the health care practitioner. The
25person (including patients, health care practitioners and
26attorneys) requesting copies of records shall reimburse the

HB5597- 1824 -LRB098 15874 AMC 50917 b
1facility or the health care practitioner at the time of such
2copying for all reasonable expenses, including the costs of
3independent copy service companies, incurred in connection
4with such copying not to exceed a $20 handling charge for
5processing the request and the actual postage or shipping
6charge, if any, plus: (1) for paper copies 75 cents per page
7for the first through 25th pages, 50 cents per page for the
826th through 50th pages, and 25 cents per page for all pages in
9excess of 50 (except that the charge shall not exceed $1.25 per
10page for any copies made from microfiche or microfilm; records
11retrieved from scanning, digital imaging, electronic
12information or other digital format do not qualify as
13microfiche or microfilm retrieval for purposes of calculating
14charges); and (2) for electronic records, retrieved from a
15scanning, digital imaging, electronic information or other
16digital format in an a electronic document, a charge of 50% of
17the per page charge for paper copies under subdivision (d)(1).
18This per page charge includes the cost of each CD Rom, DVD, or
19other storage media. Records already maintained in an
20electronic or digital format shall be provided in an electronic
21format when so requested. If the records system does not allow
22for the creation or transmission of an electronic or digital
23record, then the facility or practitioner shall inform the
24requester in writing of the reason the records can not be
25provided electronically. The written explanation may be
26included with the production of paper copies, if the requester

HB5597- 1825 -LRB098 15874 AMC 50917 b
1chooses to order paper copies. These rates shall be
2automatically adjusted as set forth in Section 8-2006. The
3facility or health care practitioner may, however, charge for
4the reasonable cost of all duplication of record material or
5information that cannot routinely be copied or duplicated on a
6standard commercial photocopy machine such as x-ray films or
7pictures.
8 (d-5) The handling fee shall not be collected from the
9patient or the patient's personal representative who obtains
10copies of records under Section 8-2001.5.
11 (e) The requirements of this Section shall be satisfied
12within 30 days of the receipt of a written request by a patient
13or by his or her legally authorized representative, health care
14practitioner, authorized attorney, or any person, entity, or
15organization presenting a valid authorization for the release
16of records signed by the patient or the patient's legally
17authorized representative. If the facility or health care
18practitioner needs more time to comply with the request, then
19within 30 days after receiving the request, the facility or
20health care practitioner must provide the requesting party with
21a written statement of the reasons for the delay and the date
22by which the requested information will be provided. In any
23event, the facility or health care practitioner must provide
24the requested information no later than 60 days after receiving
25the request.
26 (f) A health care facility or health care practitioner must

HB5597- 1826 -LRB098 15874 AMC 50917 b
1provide the public with at least 30 days prior notice of the
2closure of the facility or the health care practitioner's
3practice. The notice must include an explanation of how copies
4of the facility's records may be accessed by patients. The
5notice may be given by publication in a newspaper of general
6circulation in the area in which the health care facility or
7health care practitioner is located.
8 (g) Failure to comply with the time limit requirement of
9this Section shall subject the denying party to expenses and
10reasonable attorneys' fees incurred in connection with any
11court ordered enforcement of the provisions of this Section.
12(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12;
1398-214, eff. 8-9-13; revised 11-22-13.)
14 (735 ILCS 5/8-2005)
15 Sec. 8-2005. Attorney's records. This Section applies only
16if a client and his or her authorized attorney have complied
17with all applicable legal requirements regarding examination
18and copying of client files, including but not limited to
19satisfaction of expenses and attorney retaining liens.
20 Upon the request of a client, an attorney shall permit the
21client's authorized attorney to examine and copy the records
22kept by the attorney in connection with the representation of
23the client, with the exception of attorney work product. The
24request for examination and copying of the records shall be in
25writing and shall be delivered to the attorney. Within a

HB5597- 1827 -LRB098 15874 AMC 50917 b
1reasonable time after the attorney receives the written
2request, the attorney shall comply with the written request at
3his or her office or any other place designated by him or her.
4At the time of copying, the person requesting the records shall
5reimburse the attorney for all reasonable expenses, including
6the costs of independent copy service companies, incurred by
7the attorney in connection with the copying not to exceed a $20
8handling charge for processing the request, and the actual
9postage or shipping charges, if any, plus (1) for paper copies
1075 cents per page for the first through 25th pages, 50 cents
11per page for the 26th through 50th pages, and 25 cents per page
12for all pages in excess of 50 (except that the charge shall not
13exceed $1.25 per page for any copies made from microfiche or
14microfilm; records retrieved from scanning, digital imaging,
15electronic information or other digital format do not qualify
16as microfiche or microfilm retrieval for purposes of
17calculating charges); and (2) for electronic records,
18retrieved from a scanning, digital imaging, electronic
19information or other digital format in an a electronic
20document, a charge of 50% of the per page charge for paper
21copies under subdivision (d)(1). This per page charge includes
22the cost of each CD Rom, DVD, or other storage media. Records
23already maintained in an electronic or digital format shall be
24provided in an electronic format when so requested. If the
25records system does not allow for the creation or transmission
26of an electronic or digital record, then the attorney shall

HB5597- 1828 -LRB098 15874 AMC 50917 b
1inform the requester in writing of the reason the records
2cannot be provided electronically. The written explanation may
3be included with the production of paper copies, if the
4requester chooses to order paper copies. These rates shall be
5automatically adjusted as set forth in Section 8-2006. The
6attorney may, however, charge for the reasonable cost of all
7duplication of record material or information that cannot
8routinely be copied or duplicated on a standard commercial
9photocopy machine such as pictures.
10 An attorney shall satisfy the requirements of this Section
11within 60 days after he or she receives a request from a client
12or his or her authorized attorney. An attorney who fails to
13comply with the time limit requirement of this Section shall be
14required to pay expenses and reasonable attorney's fees
15incurred in connection with any court-ordered enforcement of
16the requirements of this Section.
17(Source: P.A. 95-478, eff. 1-1-08 (changed from 8-27-07 by P.A.
1895-480); 95-480, eff. 1-1-08; revised 11-22-13.)
19 (735 ILCS 5/11-106) (from Ch. 110, par. 11-106)
20 Sec. 11-106. Injunctive relief on Saturday, Sunday or legal
21holiday. When an application is made on a Saturday, Sunday,
22legal holiday or on a day when courts are not in session for
23injunctive relief and there is filed with the complaint an
24affidavit of the plaintiff, or his, her or their agent or
25attorney, stating that the benefits of injunctive relief will

HB5597- 1829 -LRB098 15874 AMC 50917 b
1be lost or endangered, or irremediable damage occasioned unless
2such injunctive relief is immediately granted, and stating the
3bases for such alleged consequence,, and if it appears to the
4court from such affidavit that the benefits of injunctive
5relief will be lost or endangered, or irremediable damage
6occasioned unless such injunctive relief is immediately
7granted, and if the plaintiff otherwise is entitled to such
8relief under the law, the court may grant injunctive relief on
9a Saturday, Sunday, legal holiday, or on a day when courts are
10not in session; and it shall be lawful for the clerk to
11certify, and for the sheriff or coroner to serve such order for
12injunctive relief on a Saturday, Sunday, legal holiday or on a
13day when courts are not in session as on any other day, and all
14affidavits and bonds made and proceedings had in such case
15shall have the same force and effect as if made or had on any
16other day.
17(Source: P.A. 82-280; revised 11-22-13.)
18 (735 ILCS 5/13-110) (from Ch. 110, par. 13-110)
19 Sec. 13-110. Vacant land - Payment of taxes with color of
20title. Whenever a person having color of title, made in good
21faith, to vacant and unoccupied land, pays all taxes legally
22assessed thereon for 7 successive years, he or she shall be
23deemed and adjudged to be the legal owner of such vacant and
24unoccupied land, to the extent and according to the purport of
25his or her paper title. All persons holding under such

HB5597- 1830 -LRB098 15874 AMC 50917 b
1taxpayer, by purchase, legacy or descent, before such 7 years
2expired, and who continue to pay the taxes, as above set out,
3so as to complete the payment of taxes for the such term, are
4entitled to the benefit of this Section. However, if any
5person, having a better paper title to such vacant and
6unoccupied land, during the term of 7 years, pays the taxes
7assessed on such land for any one or more years of the term of 7
8years, then such taxpayer, his or her heirs, legatees or
9assigns, shall not be entitled to the benefit of this Section.
10(Source: P.A. 83-707; revised 11-22-13.)
11 Section 730. The Eminent Domain Act is amended by changing
12Sections 15-5-15, 15-5-35, and 15-5-47 and by setting forth and
13renumbering multiple versions of Section 25-5-45 as follows:
14 (735 ILCS 30/15-5-15)
15 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
16through 75. The following provisions of law may include express
17grants of the power to acquire property by condemnation or
18eminent domain:
19(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
20 authorities; for public airport facilities.
21(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
22 authorities; for removal of airport hazards.
23(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport

HB5597- 1831 -LRB098 15874 AMC 50917 b
1 authorities; for reduction of the height of objects or
2 structures.
3(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
4 airport authorities; for general purposes.
5(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
6 Act; Kankakee River Valley Area Airport Authority; for
7 acquisition of land for airports.
8(70 ILCS 200/2-20); Civic Center Code; civic center
9 authorities; for grounds, centers, buildings, and parking.
10(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
11 Authority; for grounds, centers, buildings, and parking.
12(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
13 Exposition, Auditorium and Office Building Authority; for
14 grounds, centers, buildings, and parking.
15(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
16 Authority; for grounds, centers, buildings, and parking.
17(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
18 Center Authority; for grounds, centers, buildings, and
19 parking.
20(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
21 District Civic Center Authority; for grounds, centers,
22 buildings, and parking.
23(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
24 Authority; for grounds, centers, buildings, and parking.
25(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
26 Center Authority; for grounds, centers, buildings, and

HB5597- 1832 -LRB098 15874 AMC 50917 b
1 parking.
2(70 ILCS 200/60-30); Civic Center Code; Collinsville
3 Metropolitan Exposition, Auditorium and Office Building
4 Authority; for grounds, centers, buildings, and parking.
5(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
6 Center Authority; for grounds, centers, buildings, and
7 parking.
8(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
9 Exposition, Auditorium and Office Building Authority; for
10 grounds, centers, buildings, and parking.
11(70 ILCS 200/80-15); Civic Center Code; DuPage County
12 Metropolitan Exposition, Auditorium and Office Building
13 Authority; for grounds, centers, buildings, and parking.
14(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
15 Exposition, Auditorium and Office Building Authority; for
16 grounds, centers, buildings, and parking.
17(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
18 Exposition, Auditorium and Office Building Authority; for
19 grounds, centers, buildings, and parking.
20(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
21 Center Authority; for grounds, centers, buildings, and
22 parking.
23(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
24 Center Authority; for grounds, centers, buildings, and
25 parking.
26(70 ILCS 200/120-25); Civic Center Code; Jefferson County

HB5597- 1833 -LRB098 15874 AMC 50917 b
1 Metropolitan Exposition, Auditorium and Office Building
2 Authority; for grounds, centers, buildings, and parking.
3(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
4 Civic Center Authority; for grounds, centers, buildings,
5 and parking.
6(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
7 Metropolitan Exposition, Auditorium and Office Building
8 Authority; for grounds, centers, buildings, and parking.
9(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
10 Authority; for grounds, centers, buildings, and parking.
11(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
12 Center Authority; for grounds, centers, buildings, and
13 parking.
14(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
15 Civic Center Authority; for grounds, centers, buildings,
16 and parking.
17(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
18 Authority; for grounds, centers, buildings, and parking.
19(70 ILCS 200/165-35); Civic Center Code; Melrose Park
20 Metropolitan Exposition Auditorium and Office Building
21 Authority; for grounds, centers, buildings, and parking.
22(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
23 Exposition, Auditorium and Office Building Authorities;
24 for general purposes.
25(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
26 Authority; for grounds, centers, buildings, and parking.

HB5597- 1834 -LRB098 15874 AMC 50917 b
1(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
2 Authority; for grounds, centers, buildings, and parking.
3(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
4 Authority; for grounds, centers, buildings, and parking.
5(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
6 Authority; for grounds, centers, buildings, and parking.
7(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
8 Authority; for grounds, centers, buildings, and parking.
9(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
10 Authority; for grounds, centers, buildings, and parking.
11(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
12 Civic Center Authority; for grounds, centers, buildings,
13 and parking.
14(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
15 Exposition, Auditorium and Office Building Authority; for
16 grounds, centers, buildings, and parking.
17(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
18 Center Authority; for grounds, centers, buildings, and
19 parking.
20(70 ILCS 200/230-35); Civic Center Code; River Forest
21 Metropolitan Exposition, Auditorium and Office Building
22 Authority; for grounds, centers, buildings, and parking.
23(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
24 Authority; for grounds, centers, buildings, and parking.
25(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
26 Authority; for grounds, centers, buildings, and parking.

HB5597- 1835 -LRB098 15874 AMC 50917 b
1(70 ILCS 200/255-20); Civic Center Code; Springfield
2 Metropolitan Exposition and Auditorium Authority; for
3 grounds, centers, and parking.
4(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
5 Exposition, Auditorium and Office Building Authority; for
6 grounds, centers, buildings, and parking.
7(70 ILCS 200/265-20); Civic Center Code; Vermilion County
8 Metropolitan Exposition, Auditorium and Office Building
9 Authority; for grounds, centers, buildings, and parking.
10(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
11 Authority; for grounds, centers, buildings, and parking.
12(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
13 Center Authority; for grounds, centers, buildings, and
14 parking.
15(70 ILCS 200/280-20); Civic Center Code; Will County
16 Metropolitan Exposition and Auditorium Authority; for
17 grounds, centers, and parking.
18(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
19 Act; Metropolitan Pier and Exposition Authority; for
20 general purposes, including quick-take power.
21(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
22 soil and water conservation districts; for general
23 purposes.
24(70 ILCS 410/10 and 410/12); Conservation District Act;
25 conservation districts; for open space, wildland, scenic
26 roadway, pathway, outdoor recreation, or other

HB5597- 1836 -LRB098 15874 AMC 50917 b
1 conservation benefits.
2(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
3 Redevelopment Commission Act; Chanute-Rantoul National
4 Aviation Center Redevelopment Commission; for general
5 purposes.
6(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
7 Fort Sheridan Redevelopment Commission; for general
8 purposes or to carry out comprehensive or redevelopment
9 plans.
10(70 ILCS 520/8); Southwestern Illinois Development Authority
11 Act; Southwestern Illinois Development Authority; for
12 general purposes, including quick-take power.
13(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
14 drainage districts; for general purposes.
15(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
16 corporate authorities; for construction and maintenance of
17 works.
18(70 ILCS 705/10); Fire Protection District Act; fire protection
19 districts; for general purposes.
20(70 ILCS 750/20); Flood Prevention District Act; flood
21 prevention districts; for general purposes.
22(70 ILCS 805/6); Downstate Forest Preserve District Act;
23 certain forest preserve districts; for general purposes.
24(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
25 certain forest preserve districts; for recreational and
26 cultural facilities.

HB5597- 1837 -LRB098 15874 AMC 50917 b
1(70 ILCS 810/8); Cook County Forest Preserve District Act;
2 Forest Preserve District of Cook County; for general
3 purposes.
4(70 ILCS 810/38); Cook County Forest Preserve District Act;
5 Forest Preserve District of Cook County; for recreational
6 facilities.
7(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
8 districts; for hospitals or hospital facilities.
9(70 ILCS 915/3); Illinois Medical District Act; Illinois
10 Medical District Commission; for general purposes.
11(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
12 Medical District Commission; quick-take power for the
13 Illinois State Police Forensic Science Laboratory
14 (obsolete).
15(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
16 tuberculosis sanitarium districts; for tuberculosis
17 sanitariums.
18(70 ILCS 925/20); Mid-Illinois Medical District Act;
19 Mid-Illinois Medical District; for general purposes.
20(70 ILCS 930/20); Mid-America Medical District Act;
21 Mid-America Medical District Commission; for general
22 purposes.
23(70 ILCS 935/20); Roseland Community Medical District Act;
24 medical district; for general purposes.
25(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
26 abatement districts; for general purposes.

HB5597- 1838 -LRB098 15874 AMC 50917 b
1(70 ILCS 1105/8); Museum District Act; museum districts; for
2 general purposes.
3(70 ILCS 1205/7-1); Park District Code; park districts; for
4 streets and other purposes.
5(70 ILCS 1205/8-1); Park District Code; park districts; for
6 parks.
7(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
8 districts; for airports and landing fields.
9(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
10 districts; for State land abutting public water and certain
11 access rights.
12(70 ILCS 1205/11.1-3); Park District Code; park districts; for
13 harbors.
14(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
15 park districts; for street widening.
16(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
17 Act; park districts; for parks, boulevards, driveways,
18 parkways, viaducts, bridges, or tunnels.
19(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
20 park districts; for boulevards or driveways.
21(70 ILCS 1290/1); Park District Aquarium and Museum Act;
22 municipalities or park districts; for aquariums or
23 museums.
24(70 ILCS 1305/2); Park District Airport Zoning Act; park
25 districts; for restriction of the height of structures.
26(70 ILCS 1310/5); Park District Elevated Highway Act; park

HB5597- 1839 -LRB098 15874 AMC 50917 b
1 districts; for elevated highways.
2(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
3 District; for parks and other purposes.
4(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
5 District; for parking lots or garages.
6(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
7 District; for harbors.
8(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
9 Act; Lincoln Park Commissioners; for land and interests in
10 land, including riparian rights.
11(70 ILCS 1801/30); Alexander-Cairo Port District Act;
12 Alexander-Cairo Port District; for general purposes.
13(70 ILCS 1805/8); Havana Regional Port District Act; Havana
14 Regional Port District; for general purposes.
15(70 ILCS 1810/7); Illinois International Port District Act;
16 Illinois International Port District; for general
17 purposes.
18(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
19 Illinois Valley Regional Port District; for general
20 purposes.
21(70 ILCS 1820/4); Jackson-Union Counties Regional Port
22 District Act; Jackson-Union Counties Regional Port
23 District; for removal of airport hazards or reduction of
24 the height of objects or structures.
25(70 ILCS 1820/5); Jackson-Union Counties Regional Port
26 District Act; Jackson-Union Counties Regional Port

HB5597- 1840 -LRB098 15874 AMC 50917 b
1 District; for general purposes.
2(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
3 Regional Port District; for removal of airport hazards.
4(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
5 Regional Port District; for reduction of the height of
6 objects or structures.
7(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
8 Regional Port District; for removal of hazards from ports
9 and terminals.
10(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
11 Regional Port District; for general purposes.
12(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
13 Kaskaskia Regional Port District; for removal of hazards
14 from ports and terminals.
15(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
16 Kaskaskia Regional Port District; for general purposes.
17(70 ILCS 1831/30); Massac-Metropolis Port District Act;
18 Massac-Metropolis Port District; for general purposes.
19(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
20 Carmel Regional Port District; for removal of airport
21 hazards.
22(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
23 Carmel Regional Port District; for reduction of the height
24 of objects or structures.
25(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
26 Carmel Regional Port District; for general purposes.

HB5597- 1841 -LRB098 15874 AMC 50917 b
1(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
2 District; for general purposes.
3(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
4 Regional Port District; for removal of airport hazards.
5(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
6 Regional Port District; for reduction of the height of
7 objects or structures.
8(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
9 Regional Port District; for general purposes.
10(70 ILCS 1850/4); Shawneetown Regional Port District Act;
11 Shawneetown Regional Port District; for removal of airport
12 hazards or reduction of the height of objects or
13 structures.
14(70 ILCS 1850/5); Shawneetown Regional Port District Act;
15 Shawneetown Regional Port District; for general purposes.
16(70 ILCS 1855/4); Southwest Regional Port District Act;
17 Southwest Regional Port District; for removal of airport
18 hazards or reduction of the height of objects or
19 structures.
20(70 ILCS 1855/5); Southwest Regional Port District Act;
21 Southwest Regional Port District; for general purposes.
22(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
23 Regional Port District; for removal of airport hazards.
24(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
25 Regional Port District; for the development of facilities.
26(70 ILCS 1863/11); Upper Mississippi River International Port

HB5597- 1842 -LRB098 15874 AMC 50917 b
1 District Act; Upper Mississippi River International Port
2 District; for general purposes.
3(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
4 District; for removal of airport hazards.
5(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
6 District; for restricting the height of objects or
7 structures.
8(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
9 District; for the development of facilities.
10(70 ILCS 1870/8); White County Port District Act; White County
11 Port District; for the development of facilities.
12(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
13 Terminal Authority (Chicago); for general purposes.
14(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
15 Act; Grand Avenue Railroad Relocation Authority; for
16 general purposes, including quick-take power (now
17 obsolete).
18 (70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act;
19 Elmwood Park Grade Separation Authority; for general
20 purposes.
21(70 ILCS 2105/9b); River Conservancy Districts Act; river
22 conservancy districts; for general purposes.
23(70 ILCS 2105/10a); River Conservancy Districts Act; river
24 conservancy districts; for corporate purposes.
25(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
26 districts; for corporate purposes.

HB5597- 1843 -LRB098 15874 AMC 50917 b
1(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
2 districts; for improvements and works.
3(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
4 districts; for access to property.
5(70 ILCS 2305/8); North Shore Sanitary District Act; North
6 Shore Sanitary District; for corporate purposes.
7(70 ILCS 2305/15); North Shore Sanitary District Act; North
8 Shore Sanitary District; for improvements.
9(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
10 District of Decatur; for carrying out agreements to sell,
11 convey, or disburse treated wastewater to a private entity.
12(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
13 districts; for corporate purposes.
14(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
15 districts; for improvements.
16(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
17 1917; sanitary districts; for waterworks.
18(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
19 districts; for public sewer and water utility treatment
20 works.
21(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
22 districts; for dams or other structures to regulate water
23 flow.
24(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
25 Metropolitan Water Reclamation District; for corporate
26 purposes.

HB5597- 1844 -LRB098 15874 AMC 50917 b
1(70 ILCS 2605/16); Metropolitan Water Reclamation District
2 Act; Metropolitan Water Reclamation District; quick-take
3 power for improvements.
4(70 ILCS 2605/17); Metropolitan Water Reclamation District
5 Act; Metropolitan Water Reclamation District; for bridges.
6(70 ILCS 2605/35); Metropolitan Water Reclamation District
7 Act; Metropolitan Water Reclamation District; for widening
8 and deepening a navigable stream.
9(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
10 districts; for corporate purposes.
11(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
12 districts; for improvements.
13(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
14 sanitary districts; for drainage systems.
15(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
16 districts; for dams or other structures to regulate water
17 flow.
18(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
19 districts; for water supply.
20(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
21 districts; for waterworks.
22(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
23 Metro-East Sanitary District; for corporate purposes.
24(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
25 Metro-East Sanitary District; for access to property.
26(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary

HB5597- 1845 -LRB098 15874 AMC 50917 b
1 districts; for sewerage systems.
2(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
3 Illinois Sports Facilities Authority; quick-take power for
4 its corporate purposes (obsolete).
5(70 ILCS 3405/16); Surface Water Protection District Act;
6 surface water protection districts; for corporate
7 purposes.
8(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
9 Transit Authority; for transportation systems.
10(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
11 Transit Authority; for general purposes.
12(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
13 Transit Authority; for general purposes, including
14 railroad property.
15(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
16 local mass transit districts; for general purposes.
17(70 ILCS 3615/2.13); Regional Transportation Authority Act;
18 Regional Transportation Authority; for general purposes.
19(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
20 water districts; for waterworks.
21(70 ILCS 3705/23a); Public Water District Act; public water
22 districts; for sewerage properties.
23(70 ILCS 3705/23e); Public Water District Act; public water
24 districts; for combined waterworks and sewerage systems.
25(70 ILCS 3715/6); Water Authorities Act; water authorities; for
26 facilities to ensure adequate water supply.

HB5597- 1846 -LRB098 15874 AMC 50917 b
1(70 ILCS 3715/27); Water Authorities Act; water authorities;
2 for access to property.
3(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
4 trustees; for library buildings.
5(75 ILCS 16/30-55.80); Public Library District Act of 1991;
6 public library districts; for general purposes.
7(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
8 authorities of city or park district, or board of park
9 commissioners; for free public library buildings.
10(Source: P.A. 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11;
11incorporates 96-1522, eff. 2-14-11, and 97-259, eff. 8-5-11;
1297-813, eff. 7-13-12; incorporates 98-564, eff. 8-27-13;
13revised 11-25-13.)
14 (735 ILCS 30/15-5-35)
15 Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605
16through 625. The following provisions of law may include
17express grants of the power to acquire property by condemnation
18or eminent domain:
19(605 ILCS 5/4-501); Illinois Highway Code; Department of
20 Transportation and counties; for highway purposes.
21(605 ILCS 5/4-502); Illinois Highway Code; Department of
22 Transportation; for ditches and drains.
23(605 ILCS 5/4-505); Illinois Highway Code; Department of
24 Transportation; for replacement of railroad and public

HB5597- 1847 -LRB098 15874 AMC 50917 b
1 utility property taken for highway purposes.
2(605 ILCS 5/4-509); Illinois Highway Code; Department of
3 Transportation; for replacement of property taken for
4 highway purposes.
5(605 ILCS 5/4-510); Illinois Highway Code; Department of
6 Transportation; for rights-of-way for future highway
7 purposes.
8(605 ILCS 5/4-511); Illinois Highway Code; Department of
9 Transportation; for relocation of structures taken for
10 highway purposes.
11(605 ILCS 5/5-107); Illinois Highway Code; counties; for county
12 highway relocation.
13(605 ILCS 5/5-801); Illinois Highway Code; counties; for
14 highway purposes.
15(605 ILCS 5/5-802); Illinois Highway Code; counties; for
16 ditches and drains.
17(605 ILCS 5/6-309); Illinois Highway Code; highway
18 commissioners or county superintendents; for township or
19 road district roads.
20(605 ILCS 5/6-801); Illinois Highway Code; highway
21 commissioners; for road district or township roads.
22(605 ILCS 5/6-802); Illinois Highway Code; highway
23 commissioners; for ditches and drains.
24(605 ILCS 5/8-102); Illinois Highway Code; Department of
25 Transportation, counties, and municipalities; for limiting
26 freeway access.

HB5597- 1848 -LRB098 15874 AMC 50917 b
1(605 ILCS 5/8-103); Illinois Highway Code; Department of
2 Transportation, counties, and municipalities; for freeway
3 purposes.
4(605 ILCS 5/8-106); Illinois Highway Code; Department of
5 Transportation and counties; for relocation of existing
6 crossings for freeway purposes.
7(605 ILCS 5/9-113); Illinois Highway Code; highway
8 authorities; for utility and other uses in rights-of-ways.
9(605 ILCS 5/10-302); Illinois Highway Code; counties; for
10 bridge purposes.
11(605 ILCS 5/10-602); Illinois Highway Code; municipalities;
12 for ferry and bridge purposes.
13(605 ILCS 5/10-702); Illinois Highway Code; municipalities;
14 for bridge purposes.
15(605 ILCS 5/10-901); Illinois Highway Code; Department of
16 Transportation; for ferry property.
17(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway
18 Authority; for toll highway purposes.
19(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll
20 Highway Authority; for its authorized purposes.
21(605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway
22 Authority; for property of a municipality or political
23 subdivision for toll highway purposes.
24(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge
25 purposes.
26(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose

HB5597- 1849 -LRB098 15874 AMC 50917 b
1 of taking a toll bridge to make it a free bridge.
2(605 ILCS 130/80); Public Private Agreements for the Illiana
3 Expressway Act; Department of Transportation; for the
4 Illiana Expressway project.
5(610 ILCS 5/17); Railroad Incorporation Act; railroad
6 corporation; for real estate for railroad purposes.
7(610 ILCS 5/18); Railroad Incorporation Act; railroad
8 corporations; for materials for railways.
9(610 ILCS 5/19); Railroad Incorporation Act; railways; for land
10 along highways.
11(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of
12 railroad companies; for railroad purposes.
13(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act;
14 street railroad companies; for street railroad purposes.
15(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of
16 Natural Resources; for land along public waters for
17 pleasure, recreation, or sport purposes.
18(615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural
19 Resources; for waterways and appurtenances.
20(615 ILCS 15/7); Flood Control Act of 1945; Department of
21 Natural Resources; for the purposes of the Act.
22(615 ILCS 30/9); Illinois and Michigan Canal Management Act;
23 Department of Natural Resources; for dams, locks, and
24 improvements.
25(615 ILCS 45/10); Illinois and Michigan Canal Development Act;
26 Department of Natural Resources; for development and

HB5597- 1850 -LRB098 15874 AMC 50917 b
1 management of the canal.
2(620 ILCS 5/72); Illinois Aeronautics Act; Division of
3 Aeronautics of the Department of Transportation; for
4 airport purposes.
5(620 ILCS 5/73); Illinois Aeronautics Act; Division of
6 Aeronautics of the Department of Transportation; for
7 removal of airport hazards.
8(620 ILCS 5/74); Illinois Aeronautics Act; Division of
9 Aeronautics of the Department of Transportation; for
10 airport purposes.
11(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics
12 of the Department of Transportation; for air rights.
13(620 ILCS 40/2 and 40/3); General County Airport and Landing
14 Field Act; counties; for airport purposes.
15(620 ILCS 40/5); General County Airport and Landing Field Act;
16 counties; for removing hazards.
17(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of
18 directors of airports and landing fields; for airport and
19 landing field purposes.
20(620 ILCS 50/22 and 50/31); County Airports Act; counties; for
21 airport purposes.
22(620 ILCS 50/24); County Airports Act; counties; for removal of
23 airport hazards.
24(620 ILCS 50/26); County Airports Act; counties; for
25 acquisition of airport protection privileges.
26(620 ILCS 52/15); County Air Corridor Protection Act; counties;

HB5597- 1851 -LRB098 15874 AMC 50917 b
1 for airport zones.
2(620 ILCS 55/1); East St. Louis Airport Act; Department of
3 Transportation; for airport in East St. Louis metropolitan
4 area.
5(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the
6 O'Hare modernization program, including quick-take power.
7 (620 ILCS 75/2-15 and 75/2-90); Public-Private Agreements for
8 the South Suburban Airport Act; Department of
9 Transportation; for South Suburban Airport purposes.
10(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State;
11 for general purposes.
12(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers;
13 for railroad purposes, including quick-take power.
14(Source: P.A. 97-808, eff. 7-13-12; incorporates 98-109, eff.
157-25-13; revised 11-25-13.)
16 (735 ILCS 30/15-5-47)
17 Sec. 15-5-47. Eminent domain powers in new Acts. The
18following provisions of law may include express grants of the
19power to acquire property by condemnation or eminent domain:
20(Reserved).
21 The Elmwood Park Grade Separation Authority Act; Elmwood Park
22 Grade Separation Authority; for general purposes.
23 Public-Private Agreements for the South Suburban Airport Act;
24 Department of Transportation; for South Suburban Airport

HB5597- 1852 -LRB098 15874 AMC 50917 b
1 purposes.
2(Source: P.A. 98-109, eff. 7-25-13; 98-564, eff. 8-27-13;
3revised 11-25-13.)
4 (735 ILCS 30/25-5-45)
5 Sec. 25-5-45. Quick-take; South Suburban Airport.
6Quick-take proceedings under Article 20 may be used by the
7Department of Transportation for the purpose of development of
8the South Suburban Airport within the boundaries designated on
9the map filed with the Secretary of State on May 28, 2013 and
10known as file number 98-GA-D01.
11(Source: P.A. 98-109, eff. 7-25-13.)
12 (735 ILCS 30/25-5-50)
13 Sec. 25-5-50 25-5-45. Quick-take; McHenry County.
14Quick-take proceedings under Article 20 may be used for a
15period of no longer than one year from the effective date of
16this amendatory Act of the 98th General Assembly by McHenry
17County for the acquisition of the following described property
18for the purpose of public improvements to serve McHenry County:
19Route: F.A.U. 168 (Johnsburg Road)
20Section: 05-00314-00-WR
21County: McHenry Job No.: R-91-005-06
22Parcel: 1HK0045
23Sta. 58+07.09 To Sta. 58+31.89

HB5597- 1853 -LRB098 15874 AMC 50917 b
1Sta. 176+10.72 To Sta. 177+36.15
2Owner: JNL-Johnsburg Properties, Inc.
3Index No. 09-13-277-001
409-13-277-002
5That part of Sub Lot 2 of Lot 28 in Plat Number 3 McHenry,
6County Clerk's Plat of Section 13, Township 45 North, Range 8
7East of the Third Principal Meridian, according to the plat
8thereof recorded May 6, 1902 as document number 14079, in
9McHenry County, Illinois, described as follows:
10Commencing at the southeast corner of the Northeast Quarter of
11said Section 13; thence on an assumed bearing of South 89
12degrees 15 minutes 13 seconds West along the south line of the
13Northeast Quarter of said Section 13, as monumented and
14occupied, a distance of 824.94 feet (825.2 feet, recorded)
15(826.0 feet, recorded) to a point of intersection with the
16Southerly extension of the east line of the grantor; thence
17North 1 degree 20 minutes 53 seconds East along the said
18Southerly extension of the east line of the grantor, a distance
19of 132.49 feet to the northeasterly right of way line of Chapel
20Hill Road recorded January 26, 1932 as document number 100422,
21being also the southeast corner of the grantor; thence North 46
22degrees 56 minutes 58 seconds West along the said northeasterly
23right of way line of Chapel Hill Road and along the
24northeasterly right of way line of Chapel Hill Road recorded

HB5597- 1854 -LRB098 15874 AMC 50917 b
1January 26, 1932 as document number 100421, a distance of
2261.08 feet to the point of beginning; thence continuing North
346 degrees 56 minutes 58 seconds West along the northeasterly
4right of way line of Chapel Hill Road recorded as document
5number 100421, a distance of 14.94 feet to the east right of
6way line of Chapel Hill Road recorded January 26, 1932 as
7document number 100420; thence North 2 degrees 09 minutes 50
8seconds East along the said east right of way line of Chapel
9Hill Road and the Northerly extension thereof, a distance of
1064.92 feet (64.91 feet, more or less, recorded) to the center
11line of Johnsburg Road; thence North 87 degrees 42 minutes 53
12seconds East along the said center line of Johnsburg Road, a
13distance of 123.08 feet; thence South 2 degrees 17 minutes 07
14seconds East, a distance of 30.00 feet to the south right of
15way line of Johnsburg Road according to a Plat of Survey by the
16County Surveyor dated October 21, 1952 in Surveyor Book Number
175, page 204; thence South 2 degrees 48 minutes 02 seconds East,
18a distance of 1.05 feet; thence westerly 59.83 feet along a
19curve to the left having a radius of 987.47 feet, the chord of
20said curve bears South 85 degrees 27 minutes 49 seconds West,
2159.82 feet; thence South 70 degrees 14 minutes 11 seconds West,
22a distance of 47.08 feet; thence South 22 degrees 40 minutes 19
23seconds West, a distance of 30.69 feet to the point of
24beginning.
25Said parcel containing 0.117 acre, more or less, of which 0.086

HB5597- 1855 -LRB098 15874 AMC 50917 b
1acre, more or less, was previously dedicated or used for
2highway purposes.
3(Source: P.A. 98-229, eff. 8-9-13; revised 10-25-13.)
4 Section 735. The Crime Victims Compensation Act is amended
5by changing Section 17 as follows:
6 (740 ILCS 45/17) (from Ch. 70, par. 87)
7 Sec. 17. (a) Subrogation.
8 (a) The Court of Claims may award compensation on the
9condition that the applicant subrogate to the State his rights
10to collect damages from the assailant or any third party who
11may be liable in damages to the applicant. In such a case the
12Attorney General may, on behalf of the State, bring an action
13against an assailant or third party for money damages, but must
14first notify the applicant and give him an opportunity to
15participate in the prosecution of the action. The excess of the
16amount recovered in such action over the amount of the
17compensation offered and accepted or awarded under this Act
18plus costs of the action and attorneys' fees actually incurred
19shall be paid to the applicant.
20 (b) Nothing in this Act affects the right of the applicant
21to seek civil damages from the assailant and any other party,
22but that applicant must give written notice to the Attorney
23General within 10 days after the making of a claim or the
24filing of an action for such damages, and within 10 days after

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1the conclusion of the claim or action. The applicant must
2attach to the written notice a copy of the complaint,
3settlement agreement, jury verdict, or judgment. Failure to
4timely notify the Attorney General of such claims and actions
5is a willful omission of fact and the applicant thereby becomes
6subject to the provisions of Section 20 of this Act.
7 (c) The State has a charge for the amount of compensation
8paid under this Act upon all claims or causes of action against
9an assailant and any other party to recover for the injuries or
10death of a victim which were the basis for that payment of
11compensation. At the time compensation is ordered to be paid
12under this Act, the Court of Claims shall give written notice
13of this charge to the applicant. The charge attaches to any
14verdict or judgment entered and to any money or property which
15is recovered on account of the claim or cause of action against
16the assailant or any other party after the notice is given. On
17petition filed by the Attorney General on behalf of the State
18or by the applicant, the circuit court, on written notice to
19all interested parties, shall adjudicate the right of the
20parties and enforce the charge. This subsection does not affect
21the priority of a lien under "AN ACT creating attorney's lien
22and for enforcement of same", filed June 16, 1909, as amended.
23 Only the Court of Claims may reduce the State's lien under
24this Act. The Court of Claims may consider the nature and
25extent of the injury, economic loss, settlements, hospital
26costs, physician costs, attorney's fees and costs, and all

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1other appropriate costs. The burden of producing evidence
2sufficient to support the exercise by the Court of Claims of
3its discretion to reduce the amount of a proven charge sought
4to be enforced against the recovery shall rest with the party
5seeking such reduction. The charges of the State described in
6this Section, however, shall take priority over all other liens
7and charges existing under the laws of the State of Illinois.
8 (d) Where compensation is awarded under this Act and the
9person receiving same also receives any sum required to be, and
10that has not been deducted under Section 10.1, he shall refund
11to the State the amount of compensation paid to him which would
12have been deducted at the time the award was made.
13 (e) An amount not to exceed 25% of all money recovered
14under subsections (b) or (c) of this Section shall be placed in
15the Violent Crime Victims Assistance Fund to assist with costs
16related to recovery efforts. "Recovery efforts" means those
17activities that are directly attributable to obtaining
18restitution, civil suit recoveries, and other reimbursements.
19 (f) The applicant must give written notice to the Attorney
20General within 10 days after an offender is ordered by a court
21to pay restitution. The applicant shall attach a copy of the
22restitution order or judgment to the written notice. Failure to
23timely notify the Attorney General of court-ordered
24restitution is a willful omission of fact and the applicant
25thereby becomes subject to the provisions of Section 20 of this
26Act. The Attorney General may file a written copy of the Court

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1of Claims' decision awarding crime victims compensation in a
2criminal case in which the offender has been ordered to pay
3restitution for the victim's expenses incurred as a result of
4the same criminal conduct. Upon the filing of the order, the
5circuit court clerk shall send restitution payments directly to
6the compensation program for any paid expense reflected in the
7Court of Claims' decision.
8(Source: P.A. 97-817, eff. 1-1-13; revised 11-12-13.)
9 Section 740. The Mental Health and Developmental
10Disabilities Confidentiality Act is amended by changing
11Section 12.2 as follows:
12 (740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
13 Sec. 12.2. (a) When a recipient who has been judicially or
14involuntarily admitted, or is a forensic recipient admitted to
15a developmental disability or mental health facility, as
16defined in Section 1-107 or 1-114 of the Mental Health and
17Developmental Disabilities Code, is on an unauthorized absence
18or otherwise has left the facility without being discharged or
19being free to do so, the facility director shall immediately
20furnish and disclose to the appropriate local law enforcement
21agency identifying information, as defined in this Section, and
22all further information unrelated to the diagnosis, treatment
23or evaluation of the recipient's mental or physical health that
24would aid the law enforcement agency in locating and

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1apprehending the recipient and returning him to the facility.
2When a forensic recipient is on an unauthorized absence or
3otherwise has left the facility without being discharged or
4being free to do so, the facility director, or designee, of a
5mental health facility or developmental facility operated by
6the Department shall also immediately notify, in like manner,
7the Department of State Police.
8 (b) If a law enforcement agency requests information from a
9developmental disability or mental health facility, as defined
10in Section 1-107 or 1-114 of the Mental Health and
11Developmental Disabilities Code, relating to a recipient who
12has been admitted to the facility and for whom a missing person
13report has been filed with a law enforcement agency, the
14facility director shall, except in the case of a voluntary
15recipient wherein the recipient's permission in writing must
16first be obtained, furnish and disclose to the law enforcement
17agency identifying information as is necessary to confirm or
18deny whether that person is, or has been since the missing
19person report was filed, a resident of that facility. The
20facility director shall notify the law enforcement agency if
21the missing person is admitted after the request. Any person
22participating in good faith in the disclosure of information in
23accordance with this provision shall have immunity from any
24liability, civil, criminal, or otherwise, if the information is
25disclosed relying upon the representation of an officer of a
26law enforcement agency that a missing person report has been

HB5597- 1860 -LRB098 15874 AMC 50917 b
1filed.
2 (c) Upon the request of a law enforcement agency in
3connection with the investigation of a particular felony or sex
4offense, when the investigation case file number is furnished
5by the law enforcement agency, a facility director shall
6immediately disclose to that law enforcement agency
7identifying information on any forensic recipient who is
8admitted to a developmental disability or mental health
9facility, as defined in Section 1-107 or 1-114 of the Mental
10Health and Developmental Disabilities Code, who was or may have
11been away from the facility at or about the time of the
12commission of a particular felony or sex offense, and: (1)
13whose description, clothing, or both reasonably match the
14physical description of any person allegedly involved in that
15particular felony or sex offense; or (2) whose past modus
16operandi matches the modus operandi of that particular felony
17or sex offense.
18 (d) For the purposes of this Section and Section 12.1, "law
19enforcement agency" means an agency of the State or unit of
20local government that is vested by law or ordinance with the
21duty to maintain public order and to enforce criminal laws or
22ordinances, the Federal Bureau of Investigation, the Central
23Intelligence Agency, and the United States Secret Service.
24 (e) For the purpose of this Section, "identifying
25information" means the name, address, age, and a physical
26description, including clothing, of the recipient of services,

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1the names and addresses of the recipient's nearest known
2relatives, where the recipient was known to have been during
3any past unauthorized absences from a facility, whether the
4recipient may be suicidal, and the condition of the recipient's
5physical health as it relates to exposure to the weather.
6Except as provided in Section 11, in no case shall the facility
7director disclose to the law enforcement agency any information
8relating to the diagnosis, treatment, or evaluation of the
9recipient's mental or physical health, unless the disclosure is
10deemed necessary by the facility director to insure the safety
11of the investigating officers or general public.
12 (f) For the purpose of this Section, "forensic recipient"
13means a recipient who is placed in a developmental disability
14facility or mental health facility, as defined in Section 1-107
15or 1-114 of the Mental Health and Developmental Disabilities
16Code, pursuant to Article 104 of the Code of Criminal Procedure
17of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
18of Corrections.
19(Source: P.A. 96-1191, eff. 7-22-10; revised 11-22-13.)
20 Section 745. The Illinois Parentage Act of 1984 is amended
21by changing Section 15 as follows:
22 (750 ILCS 45/15) (from Ch. 40, par. 2515)
23 Sec. 15. Enforcement of Judgment or Order.
24 (a) If existence of the parent and child relationship is

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1declared, or paternity or duty of support has been established
2under this Act or under prior law or under the law of any other
3jurisdiction, the judgment rendered thereunder may be enforced
4in the same or other proceedings by any party or any person or
5agency that has furnished or may furnish financial assistance
6or services to the child. The Income Withholding for Support
7Act and Sections 14 and 16 of this Act shall also be applicable
8with respect to entry, modification and enforcement of any
9support judgment entered under provisions of the "Paternity
10Act", approved July 5, 1957, as amended, repealed July 1, 1985.
11 (b) Failure to comply with any order of the court shall be
12punishable as contempt as in other cases of failure to comply
13under the "Illinois Marriage and Dissolution of Marriage Act",
14as now or hereafter amended. In addition to other penalties
15provided by law, the court may, after finding the party guilty
16of contempt, order that the party be:
17 (1) Placed on probation with such conditions of
18 probation as the court deems advisable;
19 (2) Sentenced to periodic imprisonment for a period not
20 to exceed 6 months. However, the court may permit the party
21 to be released for periods of time during the day or night
22 to work or conduct business or other self-employed
23 occupation. The court may further order any part of all the
24 earnings of a party during a sentence of periodic
25 imprisonment to be paid to the Clerk of the Circuit Court
26 or to the person or parent having custody of the minor

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1 child for the support of said child until further order of
2 the court.
3 (c) (2.5) The court may also pierce the ownership veil of a
4person, persons, or business entity to discover assets of a
5non-custodial parent held in the name of that person, those
6persons, or that business entity if there is a unity of
7interest and ownership sufficient to render no financial
8separation between the non-custodial parent and that person,
9those persons, or the business entity. The following
10circumstances are sufficient for a court to order discovery of
11the assets of a person, persons, or business entity and to
12compel the application of any discovered assets toward payment
13on the judgment for support:
14 (1) The (A) the non-custodial parent and the person,
15 persons, or business entity maintain records together.
16 (2) The (B) the non-custodial parent and the person,
17 persons, or business entity fail to maintain an arms length
18 relationship between themselves with regard to any assets.
19 (3) The (C) the non-custodial parent transfers assets
20 to the person, persons, or business entity with the intent
21 to perpetrate a fraud on the custodial parent.
22 With respect to assets which are real property, no order
23entered under this subsection (c) subdivision (2.5) shall
24affect the rights of bona fide purchasers, mortgagees, judgment
25creditors, or other lien holders who acquire their interests in
26the property prior to the time a notice of lis pendens pursuant

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1to the Code of Civil Procedure or a copy of the order is placed
2of record in the office of the recorder of deeds for the county
3in which the real property is located.
4 (d) (3) The court may also order that, in cases where the
5party is 90 days or more delinquent in payment of support or
6has been adjudicated in arrears in an amount equal to 90 days
7obligation or more, that the party's Illinois driving
8privileges be suspended until the court determines that the
9party is in compliance with the judgement or duty of support.
10The court may also order that the parent be issued a family
11financial responsibility driving permit that would allow
12limited driving privileges for employment and medical purposes
13in accordance with Section 7-702.1 of the Illinois Vehicle
14Code. The clerk of the circuit court shall certify the order
15suspending the driving privileges of the parent or granting the
16issuance of a family financial responsibility driving permit to
17the Secretary of State on forms prescribed by the Secretary.
18Upon receipt of the authenticated documents, the Secretary of
19State shall suspend the party's driving privileges until
20further order of the court and shall, if ordered by the court,
21subject to the provisions of Section 7-702.1 of the Illinois
22Vehicle Code, issue a family financial responsibility driving
23permit to the parent.
24 (e) In addition to the penalties or punishment that may be
25imposed under this Section, any person whose conduct
26constitutes a violation of Section 15 of the Non-Support

HB5597- 1865 -LRB098 15874 AMC 50917 b
1Punishment Act may be prosecuted under that Act, and a person
2convicted under that Act may be sentenced in accordance with
3that Act. The sentence may include but need not be limited to a
4requirement that the person perform community service under
5Section 50 of that Act or participate in a work alternative
6program under Section 50 of that Act. A person may not be
7required to participate in a work alternative program under
8Section 50 of that Act if the person is currently participating
9in a work program pursuant to Section 15.1 of this Act.
10 (f) (b-5) If a party who is found guilty of contempt for a
11failure to comply with an order to pay support is a person who
12conducts a business or who is self-employed, the court may in
13addition to other penalties provided by law order that the
14party do one or more of the following: (i) provide to the court
15monthly financial statements showing income and expenses from
16the business or the self-employment; (ii) seek employment and
17report periodically to the court with a diary, listing, or
18other memorandum of his or her employment search efforts; or
19(iii) report to the Department of Employment Security for job
20search services to find employment that will be subject to
21withholding of child support.
22 (g) (c) In any post-judgment proceeding to enforce or
23modify the judgment the parties shall continue to be designated
24as in the original proceeding.
25(Source: P.A. 97-1029, eff. 1-1-13; revised 11-22-13.)

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1 Section 750. The Adoption Act is amended by changing
2Section 1 as follows:
3 (750 ILCS 50/1) (from Ch. 40, par. 1501)
4 Sec. 1. Definitions. When used in this Act, unless the
5context otherwise requires:
6 A. "Child" means a person under legal age subject to
7adoption under this Act.
8 B. "Related child" means a child subject to adoption where
9either or both of the adopting parents stands in any of the
10following relationships to the child by blood or marriage:
11parent, grand-parent, brother, sister, step-parent,
12step-grandparent, step-brother, step-sister, uncle, aunt,
13great-uncle, great-aunt, or cousin of first degree. A child
14whose parent has executed a final irrevocable consent to
15adoption or a final irrevocable surrender for purposes of
16adoption, or whose parent has had his or her parental rights
17terminated, is not a related child to that person, unless the
18consent is determined to be void or is void pursuant to
19subsection O of Section 10.
20 C. "Agency" for the purpose of this Act means a public
21child welfare agency or a licensed child welfare agency.
22 D. "Unfit person" means any person whom the court shall
23find to be unfit to have a child, without regard to the
24likelihood that the child will be placed for adoption. The
25grounds of unfitness are any one or more of the following,

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1except that a person shall not be considered an unfit person
2for the sole reason that the person has relinquished a child in
3accordance with the Abandoned Newborn Infant Protection Act:
4 (a) Abandonment of the child.
5 (a-1) Abandonment of a newborn infant in a hospital.
6 (a-2) Abandonment of a newborn infant in any setting
7 where the evidence suggests that the parent intended to
8 relinquish his or her parental rights.
9 (b) Failure to maintain a reasonable degree of
10 interest, concern or responsibility as to the child's
11 welfare.
12 (c) Desertion of the child for more than 3 months next
13 preceding the commencement of the Adoption proceeding.
14 (d) Substantial neglect of the child if continuous or
15 repeated.
16 (d-1) Substantial neglect, if continuous or repeated,
17 of any child residing in the household which resulted in
18 the death of that child.
19 (e) Extreme or repeated cruelty to the child.
20 (f) There is a rebuttable presumption, which can be
21 overcome only by clear and convincing evidence, that a
22 parent is unfit if:
23 (1) Two or more findings of physical abuse have
24 been entered regarding any children under Section 2-21
25 of the Juvenile Court Act of 1987, the most recent of
26 which was determined by the juvenile court hearing the

HB5597- 1868 -LRB098 15874 AMC 50917 b
1 matter to be supported by clear and convincing
2 evidence; or
3 (2) The parent has been convicted or found not
4 guilty by reason of insanity and the conviction or
5 finding resulted from the death of any child by
6 physical abuse; or
7 (3) There is a finding of physical child abuse
8 resulting from the death of any child under Section
9 2-21 of the Juvenile Court Act of 1987.
10 No conviction or finding of delinquency pursuant
11 to Article V 5 of the Juvenile Court Act of 1987 shall
12 be considered a criminal conviction for the purpose of
13 applying any presumption under this item (f).
14 (g) Failure to protect the child from conditions within
15 his environment injurious to the child's welfare.
16 (h) Other neglect of, or misconduct toward the child;
17 provided that in making a finding of unfitness the court
18 hearing the adoption proceeding shall not be bound by any
19 previous finding, order or judgment affecting or
20 determining the rights of the parents toward the child
21 sought to be adopted in any other proceeding except such
22 proceedings terminating parental rights as shall be had
23 under either this Act, the Juvenile Court Act or the
24 Juvenile Court Act of 1987.
25 (i) Depravity. Conviction of any one of the following
26 crimes shall create a presumption that a parent is depraved

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1 which can be overcome only by clear and convincing
2 evidence: (1) first degree murder in violation of paragraph
3 1 or 2 of subsection (a) of Section 9-1 of the Criminal
4 Code of 1961 or the Criminal Code of 2012 or conviction of
5 second degree murder in violation of subsection (a) of
6 Section 9-2 of the Criminal Code of 1961 or the Criminal
7 Code of 2012 of a parent of the child to be adopted; (2)
8 first degree murder or second degree murder of any child in
9 violation of the Criminal Code of 1961 or the Criminal Code
10 of 2012; (3) attempt or conspiracy to commit first degree
11 murder or second degree murder of any child in violation of
12 the Criminal Code of 1961 or the Criminal Code of 2012; (4)
13 solicitation to commit murder of any child, solicitation to
14 commit murder of any child for hire, or solicitation to
15 commit second degree murder of any child in violation of
16 the Criminal Code of 1961 or the Criminal Code of 2012; (5)
17 predatory criminal sexual assault of a child in violation
18 of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961
19 or the Criminal Code of 2012; (6) heinous battery of any
20 child in violation of the Criminal Code of 1961; or (7)
21 aggravated battery of any child in violation of the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 There is a rebuttable presumption that a parent is
24 depraved if the parent has been criminally convicted of at
25 least 3 felonies under the laws of this State or any other
26 state, or under federal law, or the criminal laws of any

HB5597- 1870 -LRB098 15874 AMC 50917 b
1 United States territory; and at least one of these
2 convictions took place within 5 years of the filing of the
3 petition or motion seeking termination of parental rights.
4 There is a rebuttable presumption that a parent is
5 depraved if that parent has been criminally convicted of
6 either first or second degree murder of any person as
7 defined in the Criminal Code of 1961 or the Criminal Code
8 of 2012 within 10 years of the filing date of the petition
9 or motion to terminate parental rights.
10 No conviction or finding of delinquency pursuant to
11 Article 5 of the Juvenile Court Act of 1987 shall be
12 considered a criminal conviction for the purpose of
13 applying any presumption under this item (i).
14 (j) Open and notorious adultery or fornication.
15 (j-1) (Blank).
16 (k) Habitual drunkenness or addiction to drugs, other
17 than those prescribed by a physician, for at least one year
18 immediately prior to the commencement of the unfitness
19 proceeding.
20 There is a rebuttable presumption that a parent is
21 unfit under this subsection with respect to any child to
22 which that parent gives birth where there is a confirmed
23 test result that at birth the child's blood, urine, or
24 meconium contained any amount of a controlled substance as
25 defined in subsection (f) of Section 102 of the Illinois
26 Controlled Substances Act or metabolites of such

HB5597- 1871 -LRB098 15874 AMC 50917 b
1 substances, the presence of which in the newborn infant was
2 not the result of medical treatment administered to the
3 mother or the newborn infant; and the biological mother of
4 this child is the biological mother of at least one other
5 child who was adjudicated a neglected minor under
6 subsection (c) of Section 2-3 of the Juvenile Court Act of
7 1987.
8 (l) Failure to demonstrate a reasonable degree of
9 interest, concern or responsibility as to the welfare of a
10 new born child during the first 30 days after its birth.
11 (m) Failure by a parent (i) to make reasonable efforts
12 to correct the conditions that were the basis for the
13 removal of the child from the parent during any 9-month
14 period following the adjudication of neglected or abused
15 minor under Section 2-3 of the Juvenile Court Act of 1987
16 or dependent minor under Section 2-4 of that Act, or (ii)
17 to make reasonable progress toward the return of the child
18 to the parent during any 9-month period following the
19 adjudication of neglected or abused minor under Section 2-3
20 of the Juvenile Court Act of 1987 or dependent minor under
21 Section 2-4 of that Act. If a service plan has been
22 established as required under Section 8.2 of the Abused and
23 Neglected Child Reporting Act to correct the conditions
24 that were the basis for the removal of the child from the
25 parent and if those services were available, then, for
26 purposes of this Act, "failure to make reasonable progress

HB5597- 1872 -LRB098 15874 AMC 50917 b
1 toward the return of the child to the parent" includes the
2 parent's failure to substantially fulfill his or her
3 obligations under the service plan and correct the
4 conditions that brought the child into care during any
5 9-month period following the adjudication under Section
6 2-3 or 2-4 of the Juvenile Court Act of 1987.
7 Notwithstanding any other provision, when a petition or
8 motion seeks to terminate parental rights on the basis of
9 item (ii) of this subsection (m), the petitioner shall file
10 with the court and serve on the parties a pleading that
11 specifies the 9-month period or periods relied on. The
12 pleading shall be filed and served on the parties no later
13 than 3 weeks before the date set by the court for closure
14 of discovery, and the allegations in the pleading shall be
15 treated as incorporated into the petition or motion.
16 Failure of a respondent to file a written denial of the
17 allegations in the pleading shall not be treated as an
18 admission that the allegations are true.
19 (m-1) Pursuant to the Juvenile Court Act of 1987, a
20 child has been in foster care for 15 months out of any 22
21 month period which begins on or after the effective date of
22 this amendatory Act of 1998 unless the child's parent can
23 prove by a preponderance of the evidence that it is more
24 likely than not that it will be in the best interests of
25 the child to be returned to the parent within 6 months of
26 the date on which a petition for termination of parental

HB5597- 1873 -LRB098 15874 AMC 50917 b
1 rights is filed under the Juvenile Court Act of 1987. The
2 15 month time limit is tolled during any period for which
3 there is a court finding that the appointed custodian or
4 guardian failed to make reasonable efforts to reunify the
5 child with his or her family, provided that (i) the finding
6 of no reasonable efforts is made within 60 days of the
7 period when reasonable efforts were not made or (ii) the
8 parent filed a motion requesting a finding of no reasonable
9 efforts within 60 days of the period when reasonable
10 efforts were not made. For purposes of this subdivision
11 (m-1), the date of entering foster care is the earlier of:
12 (i) the date of a judicial finding at an adjudicatory
13 hearing that the child is an abused, neglected, or
14 dependent minor; or (ii) 60 days after the date on which
15 the child is removed from his or her parent, guardian, or
16 legal custodian.
17 (n) Evidence of intent to forgo his or her parental
18 rights, whether or not the child is a ward of the court,
19 (1) as manifested by his or her failure for a period of 12
20 months: (i) to visit the child, (ii) to communicate with
21 the child or agency, although able to do so and not
22 prevented from doing so by an agency or by court order, or
23 (iii) to maintain contact with or plan for the future of
24 the child, although physically able to do so, or (2) as
25 manifested by the father's failure, where he and the mother
26 of the child were unmarried to each other at the time of

HB5597- 1874 -LRB098 15874 AMC 50917 b
1 the child's birth, (i) to commence legal proceedings to
2 establish his paternity under the Illinois Parentage Act of
3 1984 or the law of the jurisdiction of the child's birth
4 within 30 days of being informed, pursuant to Section 12a
5 of this Act, that he is the father or the likely father of
6 the child or, after being so informed where the child is
7 not yet born, within 30 days of the child's birth, or (ii)
8 to make a good faith effort to pay a reasonable amount of
9 the expenses related to the birth of the child and to
10 provide a reasonable amount for the financial support of
11 the child, the court to consider in its determination all
12 relevant circumstances, including the financial condition
13 of both parents; provided that the ground for termination
14 provided in this subparagraph (n)(2)(ii) shall only be
15 available where the petition is brought by the mother or
16 the husband of the mother.
17 Contact or communication by a parent with his or her
18 child that does not demonstrate affection and concern does
19 not constitute reasonable contact and planning under
20 subdivision (n). In the absence of evidence to the
21 contrary, the ability to visit, communicate, maintain
22 contact, pay expenses and plan for the future shall be
23 presumed. The subjective intent of the parent, whether
24 expressed or otherwise, unsupported by evidence of the
25 foregoing parental acts manifesting that intent, shall not
26 preclude a determination that the parent has intended to

HB5597- 1875 -LRB098 15874 AMC 50917 b
1 forgo his or her parental rights. In making this
2 determination, the court may consider but shall not require
3 a showing of diligent efforts by an authorized agency to
4 encourage the parent to perform the acts specified in
5 subdivision (n).
6 It shall be an affirmative defense to any allegation
7 under paragraph (2) of this subsection that the father's
8 failure was due to circumstances beyond his control or to
9 impediments created by the mother or any other person
10 having legal custody. Proof of that fact need only be by a
11 preponderance of the evidence.
12 (o) Repeated or continuous failure by the parents,
13 although physically and financially able, to provide the
14 child with adequate food, clothing, or shelter.
15 (p) Inability to discharge parental responsibilities
16 supported by competent evidence from a psychiatrist,
17 licensed clinical social worker, or clinical psychologist
18 of mental impairment, mental illness or an intellectual
19 disability as defined in Section 1-116 of the Mental Health
20 and Developmental Disabilities Code, or developmental
21 disability as defined in Section 1-106 of that Code, and
22 there is sufficient justification to believe that the
23 inability to discharge parental responsibilities shall
24 extend beyond a reasonable time period. However, this
25 subdivision (p) shall not be construed so as to permit a
26 licensed clinical social worker to conduct any medical

HB5597- 1876 -LRB098 15874 AMC 50917 b
1 diagnosis to determine mental illness or mental
2 impairment.
3 (q) (Blank).
4 (r) The child is in the temporary custody or
5 guardianship of the Department of Children and Family
6 Services, the parent is incarcerated as a result of
7 criminal conviction at the time the petition or motion for
8 termination of parental rights is filed, prior to
9 incarceration the parent had little or no contact with the
10 child or provided little or no support for the child, and
11 the parent's incarceration will prevent the parent from
12 discharging his or her parental responsibilities for the
13 child for a period in excess of 2 years after the filing of
14 the petition or motion for termination of parental rights.
15 (s) The child is in the temporary custody or
16 guardianship of the Department of Children and Family
17 Services, the parent is incarcerated at the time the
18 petition or motion for termination of parental rights is
19 filed, the parent has been repeatedly incarcerated as a
20 result of criminal convictions, and the parent's repeated
21 incarceration has prevented the parent from discharging
22 his or her parental responsibilities for the child.
23 (t) A finding that at birth the child's blood, urine,
24 or meconium contained any amount of a controlled substance
25 as defined in subsection (f) of Section 102 of the Illinois
26 Controlled Substances Act, or a metabolite of a controlled

HB5597- 1877 -LRB098 15874 AMC 50917 b
1 substance, with the exception of controlled substances or
2 metabolites of such substances, the presence of which in
3 the newborn infant was the result of medical treatment
4 administered to the mother or the newborn infant, and that
5 the biological mother of this child is the biological
6 mother of at least one other child who was adjudicated a
7 neglected minor under subsection (c) of Section 2-3 of the
8 Juvenile Court Act of 1987, after which the biological
9 mother had the opportunity to enroll in and participate in
10 a clinically appropriate substance abuse counseling,
11 treatment, and rehabilitation program.
12 E. "Parent" means the father or mother of a lawful child of
13the parties or child born out of wedlock. For the purpose of
14this Act, a person who has executed a final and irrevocable
15consent to adoption or a final and irrevocable surrender for
16purposes of adoption, or whose parental rights have been
17terminated by a court, is not a parent of the child who was the
18subject of the consent or surrender, unless the consent is void
19pursuant to subsection O of Section 10.
20 F. A person is available for adoption when the person is:
21 (a) a child who has been surrendered for adoption to an
22 agency and to whose adoption the agency has thereafter
23 consented;
24 (b) a child to whose adoption a person authorized by
25 law, other than his parents, has consented, or to whose
26 adoption no consent is required pursuant to Section 8 of

HB5597- 1878 -LRB098 15874 AMC 50917 b
1 this Act;
2 (c) a child who is in the custody of persons who intend
3 to adopt him through placement made by his parents;
4 (c-1) a child for whom a parent has signed a specific
5 consent pursuant to subsection O of Section 10;
6 (d) an adult who meets the conditions set forth in
7 Section 3 of this Act; or
8 (e) a child who has been relinquished as defined in
9 Section 10 of the Abandoned Newborn Infant Protection Act.
10 A person who would otherwise be available for adoption
11shall not be deemed unavailable for adoption solely by reason
12of his or her death.
13 G. The singular includes the plural and the plural includes
14the singular and the "male" includes the "female", as the
15context of this Act may require.
16 H. "Adoption disruption" occurs when an adoptive placement
17does not prove successful and it becomes necessary for the
18child to be removed from placement before the adoption is
19finalized.
20 I. "Habitual residence" has the meaning ascribed to it in
21the federal Intercountry Adoption Act of 2000 and regulations
22promulgated thereunder.
23 J. "Immediate relatives" means the biological parents, the
24parents of the biological parents and siblings of the
25biological parents.
26 K. "Intercountry adoption" is a process by which a child

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1from a country other than the United States is adopted by
2persons who are habitual residents of the United States, or the
3child is a habitual resident of the United States who is
4adopted by persons who are habitual residents of a country
5other than the United States.
6 L. "Intercountry Adoption Coordinator" means a staff
7person of the Department of Children and Family Services
8appointed by the Director to coordinate the provision of
9services related to an intercountry adoption.
10 M. "Interstate Compact on the Placement of Children" is a
11law enacted by all states and certain territories for the
12purpose of establishing uniform procedures for handling the
13interstate placement of children in foster homes, adoptive
14homes, or other child care facilities.
15 N. (Blank).
16 O. "Preadoption requirements" means any conditions or
17standards established by the laws or administrative rules of
18this State that must be met by a prospective adoptive parent
19prior to the placement of a child in an adoptive home.
20 P. "Abused child" means a child whose parent or immediate
21family member, or any person responsible for the child's
22welfare, or any individual residing in the same home as the
23child, or a paramour of the child's parent:
24 (a) inflicts, causes to be inflicted, or allows to be
25 inflicted upon the child physical injury, by other than
26 accidental means, that causes death, disfigurement,

HB5597- 1880 -LRB098 15874 AMC 50917 b
1 impairment of physical or emotional health, or loss or
2 impairment of any bodily function;
3 (b) creates a substantial risk of physical injury to
4 the child by other than accidental means which would be
5 likely to cause death, disfigurement, impairment of
6 physical or emotional health, or loss or impairment of any
7 bodily function;
8 (c) commits or allows to be committed any sex offense
9 against the child, as sex offenses are defined in the
10 Criminal Code of 2012 and extending those definitions of
11 sex offenses to include children under 18 years of age;
12 (d) commits or allows to be committed an act or acts of
13 torture upon the child; or
14 (e) inflicts excessive corporal punishment.
15 Q. "Neglected child" means any child whose parent or other
16person responsible for the child's welfare withholds or denies
17nourishment or medically indicated treatment including food or
18care denied solely on the basis of the present or anticipated
19mental or physical impairment as determined by a physician
20acting alone or in consultation with other physicians or
21otherwise does not provide the proper or necessary support,
22education as required by law, or medical or other remedial care
23recognized under State law as necessary for a child's
24well-being, or other care necessary for his or her well-being,
25including adequate food, clothing and shelter; or who is
26abandoned by his or her parents or other person responsible for

HB5597- 1881 -LRB098 15874 AMC 50917 b
1the child's welfare.
2 A child shall not be considered neglected or abused for the
3sole reason that the child's parent or other person responsible
4for his or her welfare depends upon spiritual means through
5prayer alone for the treatment or cure of disease or remedial
6care as provided under Section 4 of the Abused and Neglected
7Child Reporting Act. A child shall not be considered neglected
8or abused for the sole reason that the child's parent or other
9person responsible for the child's welfare failed to vaccinate,
10delayed vaccination, or refused vaccination for the child due
11to a waiver on religious or medical grounds as permitted by
12law.
13 R. "Putative father" means a man who may be a child's
14father, but who (1) is not married to the child's mother on or
15before the date that the child was or is to be born and (2) has
16not established paternity of the child in a court proceeding
17before the filing of a petition for the adoption of the child.
18The term includes a male who is less than 18 years of age.
19"Putative father" does not mean a man who is the child's father
20as a result of criminal sexual abuse or assault as defined
21under Article 11 of the Criminal Code of 2012.
22 S. "Standby adoption" means an adoption in which a parent
23consents to custody and termination of parental rights to
24become effective upon the occurrence of a future event, which
25is either the death of the parent or the request of the parent
26for the entry of a final judgment of adoption.

HB5597- 1882 -LRB098 15874 AMC 50917 b
1 T. (Blank).
2 U. "Interstate adoption" means the placement of a minor
3child with a prospective adoptive parent for the purpose of
4pursuing an adoption for that child that is subject to the
5provisions of the Interstate Compact on Placement of Children.
6 V. "Endorsement letter" means the letter issued by the
7Department of Children and Family Services to document that a
8prospective adoptive parent has met preadoption requirements
9and has been deemed suitable by the Department to adopt a child
10who is the subject of an intercountry adoption.
11 W. "Denial letter" means the letter issued by the
12Department of Children and Family Services to document that a
13prospective adoptive parent has not met preadoption
14requirements and has not been deemed suitable by the Department
15to adopt a child who is the subject of an intercountry
16adoption.
17(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
1897-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff.
191-1-14; revised 9-24-13.)
20 Section 755. The Illinois Religious Freedom Protection and
21Civil Union Act is amended by changing Section 25 as follows:
22 (750 ILCS 75/25)
23 Sec. 25. Prohibited civil unions. The following civil
24unions are prohibited:

HB5597- 1883 -LRB098 15874 AMC 50917 b
1 (1) a civil union entered into prior to both parties
2 attaining 18 years of age;
3 (2) a civil union entered into prior to the dissolution
4 of a marriage or civil union or substantially similar legal
5 relationship of one of the parties;
6 (3) a civil union between an ancestor and a descendant
7 descendent or between siblings whether the relationship is
8 by the half or the whole blood or by adoption;
9 (4) a civil union between an aunt or uncle and a niece
10 or nephew, whether the relationship is by the half or the
11 whole blood or by adoption; and
12 (5) a civil union between first cousins.
13(Source: P.A. 96-1513, eff. 6-1-11; revised 11-22-13.)
14 Section 760. The Probate Act of 1975 is amended by changing
15Sections 11a-10 and 11a-23 as follows:
16 (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
17 Sec. 11a-10. Procedures preliminary to hearing.
18 (a) Upon the filing of a petition pursuant to Section
1911a-8, the court shall set a date and place for hearing to take
20place within 30 days. The court shall appoint a guardian ad
21litem to report to the court concerning the respondent's best
22interests consistent with the provisions of this Section,
23except that the appointment of a guardian ad litem shall not be
24required when the court determines that such appointment is not

HB5597- 1884 -LRB098 15874 AMC 50917 b
1necessary for the protection of the respondent or a reasonably
2informed decision on the petition. If the guardian ad litem is
3not a licensed attorney, he or she shall be qualified, by
4training or experience, to work with or advocate for the
5developmentally disabled, mentally ill, physically disabled,
6the elderly, or persons disabled because of mental
7deterioration, depending on the type of disability that is
8alleged in the petition. The court may allow the guardian ad
9litem reasonable compensation. The guardian ad litem may
10consult with a person who by training or experience is
11qualified to work with persons with a developmental disability,
12persons with mental illness, or physically disabled persons, or
13persons disabled because of mental deterioration, depending on
14the type of disability that is alleged. The guardian ad litem
15shall personally observe the respondent prior to the hearing
16and shall inform him orally and in writing of the contents of
17the petition and of his rights under Section 11a-11. The
18guardian ad litem shall also attempt to elicit the respondent's
19position concerning the adjudication of disability, the
20proposed guardian, a proposed change in residential placement,
21changes in care that might result from the guardianship, and
22other areas of inquiry deemed appropriate by the court.
23Notwithstanding any provision in the Mental Health and
24Developmental Disabilities Confidentiality Act or any other
25law, a guardian ad litem shall have the right to inspect and
26copy any medical or mental health record of the respondent

HB5597- 1885 -LRB098 15874 AMC 50917 b
1which the guardian ad litem deems necessary, provided that the
2information so disclosed shall not be utilized for any other
3purpose nor be redisclosed except in connection with the
4proceedings. At or before the hearing, the guardian ad litem
5shall file a written report detailing his or her observations
6of the respondent, the responses of the respondent to any of
7the inquires detailed in this Section, the opinion of the
8guardian ad litem or other professionals with whom the guardian
9ad litem consulted concerning the appropriateness of
10guardianship, and any other material issue discovered by the
11guardian ad litem. The guardian ad litem shall appear at the
12hearing and testify as to any issues presented in his or her
13report.
14 (b) The court (1) may appoint counsel for the respondent,
15if the court finds that the interests of the respondent will be
16best served by the appointment, and (2) shall appoint counsel
17upon respondent's request or if the respondent takes a position
18adverse to that of the guardian ad litem. The respondent shall
19be permitted to obtain the appointment of counsel either at the
20hearing or by any written or oral request communicated to the
21court prior to the hearing. The summons shall inform the
22respondent of this right to obtain appointed counsel. The court
23may allow counsel for the respondent reasonable compensation.
24 (c) If the respondent is unable to pay the fee of the
25guardian ad litem or appointed counsel, or both, the court may
26enter an order for the petitioner to pay all such fees or such

HB5597- 1886 -LRB098 15874 AMC 50917 b
1amounts as the respondent or the respondent's estate may be
2unable to pay. However, in cases where the Office of State
3Guardian is the petitioner, consistent with Section 30 of the
4Guardianship and Advocacy Act, where the public guardian is the
5petitioner, consistent with Section 13-5 of the Probate Act of
61975, where an adult protective services agency is the
7petitioner, pursuant to Section 9 of the Adult Protective
8Services Act, or where the Department of Children and Family
9Services is the petitioner under subparagraph (d) of subsection
10(1) of Section 2-27 of the Juvenile Court Act of 1987, no
11guardian ad litem or legal fees shall be assessed against the
12Office of State Guardian, the public guardian, or the adult
13protective services agency, or the Department of Children and
14Family Services.
15 (d) The hearing may be held at such convenient place as the
16court directs, including at a facility in which the respondent
17resides.
18 (e) Unless he is the petitioner, the respondent shall be
19personally served with a copy of the petition and a summons not
20less than 14 days before the hearing. The summons shall be
21printed in large, bold type and shall include the following
22notice:
23
NOTICE OF RIGHTS OF RESPONDENT
24 You have been named as a respondent in a guardianship
25petition asking that you be declared a disabled person. If the
26court grants the petition, a guardian will be appointed for

HB5597- 1887 -LRB098 15874 AMC 50917 b
1you. A copy of the guardianship petition is attached for your
2convenience.
3The date and time of the hearing are:
4The place where the hearing will occur is:
5The Judge's name and phone number is:
6 If a guardian is appointed for you, the guardian may be
7given the right to make all important personal decisions for
8you, such as where you may live, what medical treatment you may
9receive, what places you may visit, and who may visit you. A
10guardian may also be given the right to control and manage your
11money and other property, including your home, if you own one.
12You may lose the right to make these decisions for yourself.
13 You have the following legal rights:
14 (1) You have the right to be present at the court
15 hearing.
16 (2) You have the right to be represented by a lawyer,
17 either one that you retain, or one appointed by the Judge.
18 (3) You have the right to ask for a jury of six persons
19 to hear your case.
20 (4) You have the right to present evidence to the court
21 and to confront and cross-examine witnesses.
22 (5) You have the right to ask the Judge to appoint an
23 independent expert to examine you and give an opinion about
24 your need for a guardian.
25 (6) You have the right to ask that the court hearing be
26 closed to the public.

HB5597- 1888 -LRB098 15874 AMC 50917 b
1 (7) You have the right to tell the court whom you
2 prefer to have for your guardian.
3 You do not have to attend the court hearing if you do not
4want to be there. If you do not attend, the Judge may appoint a
5guardian if the Judge finds that a guardian would be of benefit
6to you. The hearing will not be postponed or canceled if you do
7not attend.
8 IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
9NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
10PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
11IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
12PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
13TELL THE JUDGE.
14 Service of summons and the petition may be made by a
15private person 18 years of age or over who is not a party to the
16action.
17 (f) Notice of the time and place of the hearing shall be
18given by the petitioner by mail or in person to those persons,
19including the proposed guardian, whose names and addresses
20appear in the petition and who do not waive notice, not less
21than 14 days before the hearing.
22(Source: P.A. 97-375, eff. 8-15-11; 97-1095, eff. 8-24-12;
2398-49, eff. 7-1-13; 98-89, eff. 7-15-13; revised 9-24-13.)
24 (755 ILCS 5/11a-23)
25 Sec. 11a-23. Reliance on authority of guardian, standby

HB5597- 1889 -LRB098 15874 AMC 50917 b
1guardian, short-term guardian.
2 (a) For the purpose of this Section, "guardian", "standby
3guardian", and "short-term guardian" includes temporary,
4plenary, or limited guardians of all wards.
5 (b) Every health care provider and other person (reliant)
6has the right to rely on any decision or direction made by the
7guardian, standby guardian, or short-term guardian that is not
8clearly contrary to the law, to the same extent and with the
9same effect as though the decision or direction had been made
10or given by the ward. Any person dealing with the guardian,
11standby guardian, or short-term guardian may presume in the
12absence of actual knowledge to the contrary that the acts of
13the guardian, standby guardian, or short-term guardian conform
14to the provisions of the law. A reliant shall not be protected
15if the reliant has actual knowledge that the guardian, standby
16guardian, or short-term guardian is not entitled to act or that
17any particular action or inaction is contrary to the provisions
18of the law.
19 (c) A health care provider (provider) who relies on and
20carries out a guardian's, standby guardian's, or short-term
21guardian's directions and who acts with due care and in
22accordance with the law shall not be subject to any claim based
23on lack of consent, or to criminal prosecution, or to
24discipline for unprofessional conduct. Nothing in this Section
25shall be deemed to protect a provider from liability for the
26provider's own negligence in the performance of the provider's

HB5597- 1890 -LRB098 15874 AMC 50917 b
1duties or in carrying out any instructions of the guardian,
2standby guardian, or short-term guardian, and nothing in this
3Section shall be deemed to alter the law of negligence as it
4applies to the acts of any guardian or provider.
5 (d) A guardian, standby guardian, or short-term short term
6guardian, who acts or refrains from acting is not subject to
7criminal prosecution or any claim based upon lack of his or her
8authority or failure to act, if the act or failure to act was
9with due care and in accordance with law. The guardian, standby
10guardian, or short-term short term guardian, shall not be
11liable merely because he or she may benefit from the act, has
12individual or conflicting interests in relation to the care and
13affairs of the ward, or acts in a different manner with respect
14to the guardian's, standby guardian's, or short-term
15guardian's own care or interests.
16(Source: P.A. 89-438, eff. 12-15-95; 90-796, eff. 12-15-98;
17revised 11-22-13.)
18 Section 765. The Illinois Power of Attorney Act is amended
19by changing Sections 2-7 and 2-10 as follows:
20 (755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
21 Sec. 2-7. Duty - standard of care - record-keeping -
22exoneration.
23 (a) The agent shall be under no duty to exercise the powers
24granted by the agency or to assume control of or responsibility

HB5597- 1891 -LRB098 15874 AMC 50917 b
1for any of the principal's property, care or affairs,
2regardless of the principal's physical or mental condition.
3Whenever a power is exercised, the agent shall act in good
4faith for the benefit of the principal using due care,
5competence, and diligence in accordance with the terms of the
6agency and shall be liable for negligent exercise. An agent who
7acts with due care for the benefit of the principal shall not
8be liable or limited merely because the agent also benefits
9from the act, has individual or conflicting interests in
10relation to the property, care or affairs of the principal or
11acts in a different manner with respect to the agency and the
12agent's individual interests. The agent shall not be affected
13by any amendment or termination of the agency until the agent
14has actual knowledge thereof. The agent shall not be liable for
15any loss due to error of judgment nor for the act or default of
16any other person.
17 (b) An agent that has accepted appointment must act in
18accordance with the principal's expectations to the extent
19actually known to the agent and otherwise in the principal's
20best interests.
21 (c) An agent shall keep a record of all receipts,
22disbursements, and significant actions taken under the
23authority of the agency and shall provide a copy of this record
24when requested to do so by:
25 (1) the principal, a guardian, another fiduciary
26 acting on behalf of the principal, and, after the death of

HB5597- 1892 -LRB098 15874 AMC 50917 b
1 the principal, the personal representative or successors
2 in interest of the principal's estate;
3 (2) a representative of a provider agency, as defined
4 in Section 2 of the Adult Protective Services Act, acting
5 in the course of an assessment of a complaint of elder
6 abuse or neglect under that Act;
7 (3) a representative of the Office of the State Long
8 Term Care Ombudsman, acting in the course of an
9 investigation of a complaint of financial exploitation of a
10 nursing home resident under Section 4.04 of the Illinois
11 Act on the Aging;
12 (4) a representative of the Office of Inspector General
13 for the Department of Human Services, acting in the course
14 of an assessment of a complaint of financial exploitation
15 of an adult with disabilities pursuant to Section 35 of the
16 Abuse of Adults with Disabilities Intervention Act;
17 (5) a court under Section 2-10 of this Act; or
18 (6) a representative of the Office of State Guardian or
19 public guardian for the county in which the principal
20 resides acting in the course of investigating whether to
21 file a petition for guardianship of the principal under
22 Section 11a-4 or 11a-8 of the Probate Act of 1975.
23 (d) If the agent fails to provide his or her record of all
24receipts, disbursements, and significant actions within 21
25days after a request under subsection (c), the adult abuse
26provider agency, the State Guardian, the public guardian, or

HB5597- 1893 -LRB098 15874 AMC 50917 b
1the State Long Term Care Ombudsman may petition the court for
2an order requiring the agent to produce his or her record of
3receipts, disbursements, and significant actions. If the court
4finds that the agent's failure to provide his or her record in
5a timely manner to the adult abuse provider agency, the State
6Guardian, the public guardian, or the State Long Term Care
7Ombudsman was without good cause, the court may assess
8reasonable costs and attorney's fees against the agent, and
9order such other relief as is appropriate.
10 (e) An agent is not required to disclose receipts,
11disbursements, or other significant actions conducted on
12behalf of the principal except as otherwise provided in the
13power of attorney or as required under subsection (c).
14 (f) An agent that violates this Act is liable to the
15principal or the principal's successors in interest for the
16amount required (i) to restore the value of the principal's
17property to what it would have been had the violation not
18occurred, and (ii) to reimburse the principal or the
19principal's successors in interest for the attorney's fees and
20costs paid on the agent's behalf. This subsection does not
21limit any other applicable legal or equitable remedies.
22(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; revised
239-24-13.)
24 (755 ILCS 45/2-10) (from Ch. 110 1/2, par. 802-10)
25 Sec. 2-10. Agency-court relationship.

HB5597- 1894 -LRB098 15874 AMC 50917 b
1 (a) Upon petition by any interested person (including the
2agent), with such notice to interested persons as the court
3directs and a finding by the court that the principal lacks
4either the capacity to control or the capacity to revoke the
5agency, the court may construe a power of attorney, review the
6agent's conduct, and grant appropriate relief including
7compensatory damages.
8 (b) If the court finds that the agent is not acting for the
9benefit of the principal in accordance with the terms of the
10agency or that the agent's action or inaction has caused or
11threatens substantial harm to the principal's person or
12property in a manner not authorized or intended by the
13principal, the court may order a guardian of the principal's
14person or estate to exercise any powers of the principal under
15the agency, including the power to revoke the agency, or may
16enter such other orders without appointment of a guardian as
17the court deems necessary to provide for the best interests of
18the principal.
19 (c) If the court finds that the agency requires
20interpretation, the court may construe the agency and instruct
21the agent, but the court may not amend the agency.
22 (d) If the court finds that the agent has not acted for the
23benefit of the principal in accordance with the terms of the
24agency and the Illinois Power of Attorney Act, or that the
25agent's action caused or threatened substantial harm to the
26principal's person or property in a manner not authorized or

HB5597- 1895 -LRB098 15874 AMC 50917 b
1intended by the principal, then the agent shall not be
2authorized to pay or be reimbursed from the estate of the
3principal the attorneys' fees and costs of the agent in
4defending a proceeding brought pursuant to this Section.
5 (e) Upon a finding that the agent's action has caused
6substantial harm to the principal's person or property, the
7court may assess against the agent reasonable costs and
8attorney's fees to a prevailing party who is a provider agency
9as defined in Section 2 of the Adult Protective Services Act, a
10representative of the Office of the State Long Term Care
11Ombudsman, the State Guardian, a public guardian, or a
12governmental agency having regulatory authority to protect the
13welfare of the principal.
14 (f) As used in this Section, the term "interested person"
15includes (1) the principal or the agent; (2) a guardian of the
16person, guardian of the estate, or other fiduciary charged with
17management of the principal's property; (3) the principal's
18spouse, parent, or descendant; (4) a person who would be a
19presumptive heir-at-law of the principal; (5) a person named as
20a beneficiary to receive any property, benefit, or contractual
21right upon the principal's death, or as a beneficiary of a
22trust created by or for the principal; (6) a provider agency as
23defined in Section 2 of the Adult Protective Services Act, a
24representative of the Office of the State Long Term Care
25Ombudsman, the State Guardian, a public guardian, or a
26governmental agency having regulatory authority to protect the

HB5597- 1896 -LRB098 15874 AMC 50917 b
1welfare of the principal; and (7) the principal's caregiver or
2another person who demonstrates sufficient interest in the
3principal's welfare.
4 (g) Absent court order directing a guardian to exercise
5powers of the principal under the agency, a guardian will have
6no power, duty or liability with respect to any property
7subject to the agency or any personal or health care matters
8covered by the agency.
9 (h) Proceedings under this Section shall be commenced in
10the county where the guardian was appointed or, if no Illinois
11guardian is acting, then in the county where the agent or
12principal resides or where the principal owns real property.
13 (i) This Section shall not be construed to limit any other
14remedies available.
15(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; revised
169-24-13.)
17 Section 770. The Illinois Anatomical Gift Act is amended by
18changing Section 1-10 as follows:
19 (755 ILCS 50/1-10) (was 755 ILCS 50/2)
20 Sec. 1-10. Definitions.
21 "Close friend" means any person 18 years of age or older
22who has exhibited special care and concern for the decedent and
23who presents an affidavit to the decedent's attending
24physician, or the hospital administrator or his or her

HB5597- 1897 -LRB098 15874 AMC 50917 b
1designated representative, stating that he or she (i) was a
2close friend of the decedent, (ii) is willing and able to
3authorize the donation, and (iii) maintained such regular
4contact with the decedent as to be familiar with the decedent's
5health and social history, and religious and moral beliefs. The
6affidavit must also state facts and circumstances that
7demonstrate that familiarity.
8 "Death" means, for the purposes of the Act, when, according
9to accepted medical standards, there is (i) an irreversible
10cessation of circulatory and respiratory functions; or (ii) an
11irreversible cessation of all functions of the entire brain,
12including the brain stem.
13 "Decedent" means a deceased individual and includes a
14stillborn infant or fetus.
15 "Disinterested witness" means a witness other than the
16spouse, child, parent, sibling, grandchild, grandparent, or
17guardian of the individual who makes, amends, revokes, or
18refuses to make an anatomical gift, or another adult who
19exhibited special care and concern for the individual. The term
20does not include a person to whom an anatomical gift could pass
21under Section 5-12.
22 "Document of gift" means a donor card or other record used
23to make an anatomical gift. The term includes a donor registry.
24 "Donee" means the individual designated by the donor as the
25intended recipient or an entity which receives the anatomical
26gift, including, but not limited to, a hospital; an accredited

HB5597- 1898 -LRB098 15874 AMC 50917 b
1medical school, dental school, college, or university; an organ
2procurement organization; an eye bank; a tissue bank; for
3research or education, a non-transplant anatomic bank; or other
4appropriate person.
5 "Donor" means an individual whose body or part is the
6subject of an anatomical gift..
7 "Hospital" means a hospital licensed, accredited or
8approved under the laws of any state; and includes a hospital
9operated by the United States government, a state, or a
10subdivision thereof, although not required to be licensed under
11state laws.
12 "Non-transplant anatomic bank" means any facility or
13program operating or providing services in this State that is
14accredited by the American Association of Tissue Banks and that
15is involved in procuring, furnishing, or distributing whole
16bodies or parts for the purpose of medical education. For
17purposes of this Section, a non-transplant anatomic bank
18operating under the auspices of a hospital, accredited medical
19school, dental school, college or university, or federally
20designated organ procurement organization is not required to be
21accredited by the American Association of Tissue Banks.
22 "Organ" means a human kidney, liver, heart, lung, pancreas,
23small bowel, or other transplantable vascular body part as
24determined by the Organ Procurement and Transplantation
25Network, as periodically selected by the U.S. Department of
26Health and Human Services.

HB5597- 1899 -LRB098 15874 AMC 50917 b
1 "Organ procurement organization" means the organ
2procurement organization designated by the Secretary of the
3U.S. Department of Health and Human Services for the service
4area in which a hospital is located, or the organ procurement
5organization for which the Secretary of the U.S. Department of
6Health and Human Services has granted the hospital a waiver
7pursuant to 42 U.S.C. 1320b-8(a).
8 "Part" means organs, tissues, eyes, bones, arteries,
9blood, other fluids and any other portions of a human body.
10 "Person" means an individual, corporation, government or
11governmental subdivision or agency, business trust, estate,
12trust, partnership or association or any other legal entity.
13 "Physician" or "surgeon" means a physician or surgeon
14licensed or authorized to practice medicine in all of its
15branches under the laws of any state.
16 "Procurement organization" means an organ procurement
17organization or a tissue bank.
18 "Reasonably available for the giving of consent or refusal"
19means being able to be contacted by a procurement organization
20without undue effort and being willing and able to act in a
21timely manner consistent with existing medical criteria
22necessary for the making of an anatomical gift.
23 "Recipient" means an individual into whose body a donor's
24part has been or is intended to be transplanted.
25 "State" includes any state, district, commonwealth,
26territory, insular possession, and any other area subject to

HB5597- 1900 -LRB098 15874 AMC 50917 b
1the legislative authority of the United States of America.
2 "Technician" means an individual trained and certified to
3remove tissue, by a recognized medical training institution in
4the State of Illinois.
5 "Tissue" means eyes, bones, heart valves, veins, skin, and
6any other portions of a human body excluding blood, blood
7products or organs.
8 "Tissue bank" means any facility or program operating in
9Illinois that is accredited by the American Association of
10Tissue Banks, the Eye Bank Association of America, or the
11Association of Organ Procurement Organizations and is involved
12in procuring, furnishing, donating, or distributing corneas,
13bones, or other human tissue for the purpose of injecting,
14transfusing, or transplanting any of them into the human body
15or for the purpose of research or education. "Tissue bank" does
16not include a licensed blood bank. For the purposes of this
17Act, "tissue" does not include organs or blood or blood
18products.
19(Source: P.A. 98-172, eff. 1-1-14; revised 11-22-13.)
20 Section 775. The Common Interest Community Association Act
21is amended by changing Section 1-30 as follows:
22 (765 ILCS 160/1-30)
23 Sec. 1-30. Board duties and obligations; records.
24 (a) The board shall meet at least 4 times annually.

HB5597- 1901 -LRB098 15874 AMC 50917 b
1 (b) A common interest community association may not enter
2into a contract with a current board member, or with a
3corporation or partnership in which a board member or a member
4of his or her immediate family has 25% or more interest, unless
5notice of intent to enter into the contract is given to members
6within 20 days after a decision is made to enter into the
7contract and the members are afforded an opportunity by filing
8a petition, signed by 20% of the membership, for an election to
9approve or disapprove the contract; such petition shall be
10filed within 20 days after such notice and such election shall
11be held within 30 days after filing the petition. For purposes
12of this subsection, a board member's immediate family means the
13board member's spouse, parents, siblings, and children.
14 (c) The bylaws shall provide for the maintenance, repair,
15and replacement of the common areas and payments therefor,
16including the method of approving payment vouchers.
17 (d) (Blank).
18 (e) The association may engage the services of a manager or
19management company.
20 (f) The association shall have one class of membership
21unless the declaration or bylaws provide otherwise; however,
22this subsection (f) shall not be construed to limit the
23operation of subsection (c) of Section 1-20 of this Act.
24 (g) The board shall have the power, after notice and an
25opportunity to be heard, to levy and collect reasonable fines
26from members or unit owners for violations of the declaration,

HB5597- 1902 -LRB098 15874 AMC 50917 b
1bylaws, and rules and regulations of the common interest
2community association.
3 (h) Other than attorney's fees and court or arbitration
4costs, no fees pertaining to the collection of a member's or
5unit owner's financial obligation to the association,
6including fees charged by a manager or managing agent, shall be
7added to and deemed a part of a member's or unit owner's
8respective share of the common expenses unless: (i) the
9managing agent fees relate to the costs to collect common
10expenses for the association; (ii) the fees are set forth in a
11contract between the managing agent and the association; and
12(iii) the authority to add the management fees to a member's or
13unit owner's respective share of the common expenses is
14specifically stated in the declaration or bylaws of the
15association.
16 (i) Board records.
17 (1) The board shall maintain the following records of
18 the association and make them available for examination and
19 copying at convenient hours of weekdays by any member or
20 unit owner in a common interest community subject to the
21 authority of the board, their mortgagees, and their duly
22 authorized agents or attorneys:
23 (i) Copies of the recorded declaration, other
24 community instruments, other duly recorded covenants
25 and bylaws and any amendments, articles of
26 incorporation, annual reports, and any rules and

HB5597- 1903 -LRB098 15874 AMC 50917 b
1 regulations adopted by the board shall be available.
2 Prior to the organization of the board, the developer
3 shall maintain and make available the records set forth
4 in this paragraph (i) for examination and copying.
5 (ii) Detailed and accurate records in
6 chronological order of the receipts and expenditures
7 affecting the common areas, specifying and itemizing
8 the maintenance and repair expenses of the common areas
9 and any other expenses incurred, and copies of all
10 contracts, leases, or other agreements entered into by
11 the board shall be maintained.
12 (iii) The minutes of all meetings of the board
13 which shall be maintained for not less than 7 years.
14 (iv) With a written statement of a proper purpose,
15 ballots and proxies related thereto, if any, for any
16 election held for the board and for any other matters
17 voted on by the members, which shall be maintained for
18 not less than one year.
19 (v) With a written statement of a proper purpose,
20 such other records of the board as are available for
21 inspection by members of a not-for-profit corporation
22 pursuant to Section 107.75 of the General Not For
23 Profit Corporation Act of 1986 shall be maintained.
24 (vi) With respect to units owned by a land trust, a
25 living trust, or other legal entity, the trustee,
26 officer, or manager of the entity may designate, in

HB5597- 1904 -LRB098 15874 AMC 50917 b
1 writing, a person to cast votes on behalf of the member
2 or unit owner and a designation shall remain in effect
3 until a subsequent document is filed with the
4 association.
5 (2) Where a request for records under this subsection
6 is made in writing to the board or its agent, failure to
7 provide the requested record or to respond within 30 days
8 shall be deemed a denial by the board.
9 (3) A reasonable fee may be charged by the board for
10 the cost of retrieving and copying records properly
11 requested.
12 (4) If the board fails to provide records properly
13 requested under paragraph (1) of this subsection (i) within
14 the time period provided in that paragraph (1), the member
15 may seek appropriate relief and shall be entitled to an
16 award of reasonable attorney's fees and costs if the member
17 prevails and the court finds that such failure is due to
18 the acts or omissions of the board of managers or the board
19 of directors.
20 (j) The board shall have standing and capacity to act in a
21representative capacity in relation to matters involving the
22common areas or more than one unit, on behalf of the members or
23unit owners as their interests may appear.
24(Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12;
2598-232, eff. 1-1-14; 98-241, eff. 8-9-13; revised 9-24-13.)

HB5597- 1905 -LRB098 15874 AMC 50917 b
1 Section 780. The Illinois Coordinate System Act is amended
2by changing Section 3 as follows:
3 (765 ILCS 225/3) (from Ch. 133, par. 103)
4 Sec. 3. For the purpose of the use of the Illinois
5Coordinate System, the State is divided into an "East Zone" and
6a "West Zone".
7 The area now included in the following counties constitutes
8the "East Zone": Boone, Champaign, Clark, Clay, Coles, Cook,
9Crawford, Cumberland, DeKalb, DeWitt, Douglas, DuPage, Edgar,
10Edwards, Effingham, Fayette, Ford, Franklin, Gallatin, Grundy,
11Hamilton, Hardin, Iroquois, Jasper, Jefferson, Johnson, Kane,
12Kankakee, Kendall, Lake, LaSalle, Lawrence, Livingston,
13McHenry, McLean, Macon, Marion, Massac, Moultrie, Piatt, Pope,
14Richland, Saline, Shelby, Vermilion, Wabash, Wayne, White,
15Will and Williamson.
16 The area now included in the following counties constitutes
17the "West Zone": Adams, Alexander, Bond, Brown, Bureau,
18Calhoun, Carroll, Cass, Christian, Clinton, Fulton, Greene,
19Hancock, Henderson, Henry, Jackson, Jersey, Jo Daviess
20JoDaviess, Knox, Lee, Logan, McDonough, Macoupin, Madison,
21Marshall, Mason, Menard, Mercer, Monroe, Montgomery, Morgan,
22Ogle, Peoria, Perry, Pike, Pulaski, Putnam, Randolph, Rock
23Island, St. Clair, Sangamon, Schuyler, Scott, Stark,
24Stephenson, Tazewell, Union, Warren, Washington, Whiteside,
25Winnebago and Woodford.

HB5597- 1906 -LRB098 15874 AMC 50917 b
1(Source: P.A. 83-742; revised 11-22-13.)
2 Section 785. The Security Deposit Return Act is amended by
3changing Section 1.2 as follows:
4 (765 ILCS 710/1.2)
5 Sec. 1.2. Security deposit transfer. Notwithstanding
6Section 1.1, when a lessor transfers actual possession of a
7security deposit received from a lessee, including any
8statutory interest that has not been paid to a lessee, to a
9holder of the certificate of sale or deed issued pursuant to
10that certificate or, if no certificate or deed was issued, the
11purchaser of a foreclosed property under Article XV 15 of the
12Code of Civil Procedure, the holder or purchaser shall be
13liable to a lessee for the transferred security deposit,
14including any statutory interest that has not been paid to the
15lessee, as provided in this Act. Within 21 days after the
16transfer of the security deposits and receipt of the name and
17address of any lessee who paid a deposit, the holder or
18purchaser shall post a written notice on the primary entrance
19of each dwelling unit at the property with respect to which the
20holder or purchaser has acquired actual possession of a
21security deposit. The written notice shall state that the
22holder or purchaser has acquired the security deposit paid by
23the lessee in connection with the lessee's rental of that
24dwelling unit.

HB5597- 1907 -LRB098 15874 AMC 50917 b
1(Source: P.A. 97-575, eff. 8-26-11; revised 11-22-13.)
2 Section 790. The Cemetery Protection Act is amended by
3changing Sections 13 and 14 as follows:
4 (765 ILCS 835/13) (from Ch. 21, par. 21.6)
5 Sec. 13. In the event that, at any time within one year
6after adjudication of abandonment, the owner or claimant of an
7a interment right, entombment rights in a community mausoleum
8or lawn crypt section, or an inurnment right in a community
9columbarium which has been adjudged abandoned, shall contact
10the court or the cemetery authority and pay all maintenance or
11care charges that are due and unpaid, shall reimburse the
12cemetery authority for the costs of suit and necessary expenses
13incurred in the proceeding with respect to such interment
14right, entombment rights in a community mausoleum or lawn crypt
15section, or inurnment right in a community columbarium and
16shall contract for its future care and maintenance, then such
17lot, or part thereof, shall not be sold as herein provided and,
18upon petition of the owner or claimant, the order or judgment
19adjudging the same to have been abandoned shall be vacated as
20to such interment right, entombment rights in a community
21mausoleum or lawn crypt section, or inurnment right in a
22community columbarium.
23(Source: P.A. 94-44, eff. 6-17-05; revised 11-22-13.)

HB5597- 1908 -LRB098 15874 AMC 50917 b
1 (765 ILCS 835/14) (from Ch. 21, par. 21.7)
2 Sec. 14. After the expiration of one year from the date of
3entry of an order adjudging an a interment right, entombment
4rights in a community mausoleum or lawn crypt section, or
5inurnment right in a community columbarium to have been
6abandoned, a cemetery authority shall have the right to do so
7and may sell such interment right, entombment rights in a
8community mausoleum or lawn crypt section, or inurnment right
9in a community columbarium at public sale and grant an easement
10therein for burial purposes to the purchaser at such sale,
11subject to the interment of any human remains theretofore
12placed therein and the right to maintain memorials placed
13thereon. A cemetery authority may bid at and purchase such
14interment right, entombment rights in a community mausoleum or
15lawn crypt section, or inurnment right in a community
16columbarium at such sale.
17 Notice of the time and place of any sale held pursuant to
18an order adjudicating abandonment of a cemetery interment
19right, entombment rights in a community mausoleum or lawn crypt
20section, or inurnment right in a community columbarium shall be
21published once in a newspaper of general circulation in the
22county in which the cemetery is located, such publication to be
23not less than 30 days prior to the date of sale.
24 The proceeds derived from any sale shall be used to
25reimburse the petitioner for the costs of suit and necessary
26expenses, including attorney's fees, incurred by petitioner in

HB5597- 1909 -LRB098 15874 AMC 50917 b
1the proceeding, and the balance, if any, shall be deposited
2into the cemetery authority's care fund or, if there is no care
3fund, used by the cemetery authority for the care of its
4cemetery and for no other purpose.
5(Source: P.A. 94-44, eff. 6-17-05; revised 11-22-13.)
6 Section 795. The Uniform Disposition of Unclaimed Property
7Act is amended by changing Section 18 as follows:
8 (765 ILCS 1025/18) (from Ch. 141, par. 118)
9 Sec. 18. Deposit of funds received under the Act.
10 (a) The State Treasurer shall retain all funds received
11under this Act, including the proceeds from the sale of
12abandoned property under Section 17, in a trust fund. The State
13Treasurer may deposit any amount in the Trust Fund into the
14State Pensions Fund during the fiscal year at his or her
15discretion; however, he or she shall, on April 15 and October
1615 of each year, deposit any amount in the trust fund exceeding
17$2,500,000 into the State Pensions Fund. If on either April 15
18or October 15, the State Treasurer determines that a balance of
19$2,500,000 is insufficient for the prompt payment of unclaimed
20property claims authorized under this Act, the Treasurer may
21retain more than $2,500,000 in the Unclaimed Property Trust
22Fund in order to ensure the prompt payment of claims. Beginning
23in State fiscal year 2015, all amounts that are deposited into
24the State Pensions Fund from the Unclaimed Property Trust Fund

HB5597- 1910 -LRB098 15874 AMC 50917 b
1shall be apportioned to the designated retirement systems as
2provided in subsection (c-6) of Section 8.12 of the State
3Finance Act to reduce their actuarial reserve deficiencies. He
4or she shall make prompt payment of claims he or she duly
5allows as provided for in this Act for the trust fund. Before
6making the deposit the State Treasurer shall record the name
7and last known address of each person appearing from the
8holders' reports to be entitled to the abandoned property. The
9record shall be available for public inspection during
10reasonable business hours.
11 (b) Before making any deposit to the credit of the State
12Pensions Fund, the State Treasurer may deduct: (1) any costs in
13connection with sale of abandoned property, (2) any costs of
14mailing and publication in connection with any abandoned
15property, and (3) any costs in connection with the maintenance
16of records or disposition of claims made pursuant to this Act.
17The State Treasurer shall semiannually file an itemized report
18of all such expenses with the Legislative Audit Commission.
19(Source: P.A. 97-732, eff. 6-30-12; 98-19, eff. 6-10-13; 98-24,
20eff. 6-19-13; revised 9-24-13.)
21 Section 800. The Business Corporation Act of 1983 is
22amended by changing Section 15.75 as follows:
23 (805 ILCS 5/15.75) (from Ch. 32, par. 15.75)
24 Sec. 15.75. Rate of franchise taxes payable by foreign

HB5597- 1911 -LRB098 15874 AMC 50917 b
1corporations.
2 (a) The annual franchise tax payable by each foreign
3corporation shall be computed at the rate of 1/12 of 1/10 of 1%
4for each calendar month or fraction thereof for the period
5commencing on the first day of July 1983 to the first day of
6the anniversary month in 1984, but in no event shall the amount
7of the annual franchise tax be less than $2.083333 per month
8based on a minimum of $25 per annum or more than $83,333.333333
9per month; commencing on January 1, 1984 to the first day of
10the anniversary month in 2004, the annual franchise tax payable
11by each foreign corporation shall be computed at the rate of
121/10 of 1% for the 12-months' period commencing on the first
13day of the anniversary month or, in the case of a corporation
14that has established an extended filing month, the extended
15filing month of the corporation, but in no event shall the
16amount of the annual franchise tax be less than $25 nor more
17than $1,000,000 per annum; commencing on January 1, 2004, the
18annual franchise tax payable by each foreign corporation shall
19be computed at the rate of 1/10 of 1% for the 12-month period
20commencing on the first day of the anniversary month or, in the
21case of a corporation that has established an extended filing
22month, the extended filing month of the corporation, but in no
23event shall the amount of the annual franchise tax be less than
24$25 nor more than then $2,000,000 per annum.
25 (b) The annual franchise tax payable by each foreign
26corporation at the time of filing a statement of election and

HB5597- 1912 -LRB098 15874 AMC 50917 b
1interim annual report in connection with an anniversary month
2prior to January, 2004 shall be computed at the rate of 1/10 of
31% for the 12 month period commencing on the first day of the
4anniversary month of the corporation next following the filing,
5but in no event shall the amount of the annual franchise tax be
6less than $25 nor more than $1,000,000 per annum; commencing
7with the first anniversary month that occurs after December,
82003, the annual franchise tax payable by each foreign
9corporation at the time of filing a statement of election and
10interim annual report shall be computed at the rate of 1/10 of
111% for the 12-month period commencing on the first day of the
12anniversary month of the corporation next following such
13filing, but in no event shall the amount of the annual
14franchise tax be less than $25 nor more than $2,000,000 per
15annum.
16 (c) The annual franchise tax payable at the time of filing
17the final transition annual report in connection with an
18anniversary month prior to January, 2004 shall be an amount
19equal to (i) 1/12 of 1/10 of 1% per month of the proportion of
20paid-in capital represented in this State as shown in the final
21transition annual report multiplied by (ii) the number of
22months commencing with the anniversary month next following the
23filing of the statement of election until, but excluding, the
24second extended filing month, less the annual franchise tax
25theretofore paid at the time of filing the statement of
26election, but in no event shall the amount of the annual

HB5597- 1913 -LRB098 15874 AMC 50917 b
1franchise tax be less than $2.083333 per month based on a
2minimum of $25 per annum or more than $83,333.333333 per month;
3commencing with the first anniversary month that occurs after
4December, 2003, the annual franchise tax payable at the time of
5filing the final transition annual report shall be an amount
6equal to (i) 1/12 of 1/10 of 1% per month of the proportion of
7paid-in capital represented in this State as shown in the final
8transition annual report multiplied by (ii) the number of
9months commencing with the anniversary month next following the
10filing of the statement of election until, but excluding, the
11second extended filing month, less the annual franchise tax
12theretofore paid at the time of filing the statement of
13election, but in no event shall the amount of the annual
14franchise tax be less than $2.083333 per month based on a
15minimum of $25 per annum or more than $166,666.666666 per
16month.
17 (d) The initial franchise tax payable after January 1,
181983, but prior to January 1, 1991, by each foreign corporation
19shall be computed at the rate of 1/10 of 1% for the 12 months'
20period commencing on the first day of the anniversary month in
21which the application for authority is filed by the corporation
22under Section 13.15 of this Act, but in no event shall the
23franchise tax be less than $25 nor more than $1,000,000 per
24annum. Except in the case of a foreign corporation that has
25begun transacting business in Illinois prior to January 1,
261991, the initial franchise tax payable on or after January 1,

HB5597- 1914 -LRB098 15874 AMC 50917 b
11991, by each foreign corporation, shall be computed at the
2rate of 15/100 of 1% for the 12-month period commencing on the
3first day of the anniversary month in which the application for
4authority is filed by the corporation under Section 13.15 of
5this Act, but in no event shall the franchise tax for a taxable
6year commencing prior to January 1, 2004 be less than $25 nor
7more than $1,000,000 per annum plus 1/20 of 1% of the basis
8therefor and in no event shall the franchise tax for a taxable
9year commencing on or after January 1, 2004 be less than $25 or
10more than $2,000,000 per annum plus 1/20 of 1% of the basis
11therefor.
12 (e) Whenever the application for authority indicates that
13the corporation commenced transacting business:
14 (1) prior to January 1, 1991, the initial franchise tax
15 shall be computed at the rate of 1/12 of 1/10 of 1% for
16 each calendar month; or
17 (2) after December 31, 1990, the initial franchise tax
18 shall be computed at the rate of 1/12 of 15/100 of 1% for
19 each calendar month.
20 (f) Each additional franchise tax payable by each foreign
21corporation for the period beginning January 1, 1983 through
22December 31, 1983 shall be computed at the rate of 1/12 of 1/10
23of 1% for each calendar month or fraction thereof between the
24date of each respective increase in its paid-in capital and its
25anniversary month in 1984; thereafter until the last day of the
26month that is both after December 31, 1990 and the third month

HB5597- 1915 -LRB098 15874 AMC 50917 b
1immediately preceding the anniversary month in 1991, each
2additional franchise tax payable by each foreign corporation
3shall be computed at the rate of 1/12 of 1/10 of 1% for each
4calendar month, or fraction thereof, between the date of each
5respective increase in its paid-in capital and its next
6anniversary month; however, if the increase occurs within the 2
7month period immediately preceding the anniversary month, the
8tax shall be computed to the anniversary month of the next
9succeeding calendar year. Commencing with increases in paid-in
10capital that occur subsequent to both December 31, 1990 and the
11last day of the third month immediately preceding the
12anniversary month in 1991, the additional franchise tax payable
13by a foreign corporation shall be computed at the rate of
1415/100 of 1%.
15(Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 12-1-03; revised
1611-14-13.)
17 Section 805. The Illinois Securities Law of 1953 is amended
18by changing Section 11.5 as follows:
19 (815 ILCS 5/11.5)
20 Sec. 11.5. Securities exchange registration.
21 (a) A person shall not operate a securities exchange in
22this State unless it has been registered with the Secretary of
23State.
24 (b) The Secretary of State shall adopt rules or regulations

HB5597- 1916 -LRB098 15874 AMC 50917 b
1necessary to carry out the provisions of this Section,
2including rules or regulations prescribing:
3 (1) The fees for the registration of a securities
4 exchange; and
5 (2) The bonding and minimum capitalization
6 requirements for a securities exchange.
7 (c) The Securities Director, or his or her designee, shall
8investigate the qualifications of each person who applies to
9the Secretary of State for the registration of a securities
10exchange. The applicant shall pay the cost of the
11investigation.
12 (d) The Secretary of State may deny, suspend, or revoke the
13registration of a securities exchange if the Securities
14Director, or his or her designee, determines that such action
15is in the public interest and the provisions of subsection (a)
16of this Section are applicable to the person who applied for
17the registration of a securities exchange.
18 (e) A securities exchange located in this State shall not
19allow the trading of a security in this State unless it is
20issued by an issuer that has complied with the requirements of
21this Act and any other applicable requirements of federal or
22State law.
23 (f) Any transaction, solicitation, or other activity
24directly related to the purchase, sale, or other transfer of
25securities listed on a securities exchange located in this
26State shall be deemed to be a transaction in this State.

HB5597- 1917 -LRB098 15874 AMC 50917 b
1 (g) The Secretary of State may establish reasonable fees by
2rule or regulation.
3 (h) A registered dealer or salesperson shall not use a
4securities exchange to effect or report any transaction
5concerning a security unless the securities exchange is
6registered with the Secretary of State or is excluded from the
7provisions of Section 2.28 and this Section of the Act.
8(Source: P.A. 89-209, eff. 1-1-96; revised 11-14-13.)
9 Section 810. The Waste Oil Recovery Act is amended by
10changing Section 2 as follows:
11 (815 ILCS 440/2) (from Ch. 96 1/2, par. 7702)
12 Sec. 2. Definitions. As used in this Act, unless the
13context otherwise requires, words and phrases shall have the
14meanings ascribed to them in the Sections following this
15Section and preceding Section 3 Sections 2.1 through 2.10.
16(Source: P.A. 81-379; revised 11-14-13.)
17 Section 815. The Consumer Fraud and Deceptive Business
18Practices Act is amended by changing Section 2MM as follows:
19 (815 ILCS 505/2MM)
20 Sec. 2MM. Verification of accuracy of consumer reporting
21information used to extend consumers credit and security freeze
22on credit reports.

HB5597- 1918 -LRB098 15874 AMC 50917 b
1 (a) A credit card issuer who mails an offer or solicitation
2to apply for a credit card and who receives a completed
3application in response to the offer or solicitation which
4lists an address that is not substantially the same as the
5address on the offer or solicitation may not issue a credit
6card based on that application until reasonable steps have been
7taken to verify the applicant's change of address.
8 (b) Any person who uses a consumer credit report in
9connection with the approval of credit based on the application
10for an extension of credit, and who has received notification
11of a police report filed with a consumer reporting agency that
12the applicant has been a victim of financial identity theft, as
13defined in Section 16-30 or 16G-15 of the Criminal Code of 1961
14or the Criminal Code of 2012, may not lend money or extend
15credit without taking reasonable steps to verify the consumer's
16identity and confirm that the application for an extension of
17credit is not the result of financial identity theft.
18 (c) A consumer may request that a security freeze be placed
19on his or her credit report by sending a request in writing by
20certified mail to a consumer reporting agency at an address
21designated by the consumer reporting agency to receive such
22requests.
23 The following persons may request that a security freeze be
24placed on the credit report of a disabled person:
25 (1) a guardian of the disabled person that is the
26 subject of the request, appointed under Article XIa of the

HB5597- 1919 -LRB098 15874 AMC 50917 b
1 Probate Act of 1975; and
2 (2) an agent of the disabled person that is the subject
3 of the request, under a written durable power of attorney
4 that complies with the Illinois Power of Attorney Act.
5 The following persons may request that a security freeze
6be placed on the credit report of a minor:
7 (1) a guardian of the minor that is the subject of the
8 request, appointed under Article XI of the Probate Act of
9 1975;
10 (2) a parent of the minor that is the subject of the
11 request; and
12 (3) a guardian appointed under the Juvenile Court Act
13 of 1987 for a minor under the age of 18 who is the subject
14 of the request or, with a court order authorizing the
15 guardian consent power, for a youth who is the subject of
16 the request who has attained the age of 18, but who is
17 under the age of 21.
18 This subsection (c) does not prevent a consumer reporting
19agency from advising a third party that a security freeze is in
20effect with respect to the consumer's credit report.
21 (d) A consumer reporting agency shall place a security
22freeze on a consumer's credit report no later than 5 business
23days after receiving a written request from the consumer:
24 (1) a written request described in subsection (c);
25 (2) proper identification; and
26 (3) payment of a fee, if applicable.

HB5597- 1920 -LRB098 15874 AMC 50917 b
1 (e) Upon placing the security freeze on the consumer's
2credit report, the consumer reporting agency shall send to the
3consumer within 10 business days a written confirmation of the
4placement of the security freeze and a unique personal
5identification number or password or similar device, other than
6the consumer's Social Security number, to be used by the
7consumer when providing authorization for the release of his or
8her credit report for a specific party or period of time.
9 (f) If the consumer wishes to allow his or her credit
10report to be accessed for a specific party or period of time
11while a freeze is in place, he or she shall contact the
12consumer reporting agency using a point of contact designated
13by the consumer reporting agency, request that the freeze be
14temporarily lifted, and provide the following:
15 (1) Proper identification;
16 (2) The unique personal identification number or
17 password or similar device provided by the consumer
18 reporting agency;
19 (3) The proper information regarding the third party or
20 time period for which the report shall be available to
21 users of the credit report; and
22 (4) A fee, if applicable.
23 A security freeze for a minor may not be temporarily
24lifted. This Section does not require a consumer reporting
25agency to provide to a minor or a parent or guardian of a minor
26on behalf of the minor a unique personal identification number,

HB5597- 1921 -LRB098 15874 AMC 50917 b
1password, or similar device provided by the consumer reporting
2agency for the minor, or parent or guardian of the minor, to
3use to authorize the consumer reporting agency to release
4information from a minor.
5 (g) A consumer reporting agency shall develop a contact
6method to receive and process a request from a consumer to
7temporarily lift a freeze on a credit report pursuant to
8subsection (f) in an expedited manner.
9 A contact method under this subsection shall include: (i) a
10postal address; and (ii) an electronic contact method chosen by
11the consumer reporting agency, which may include the use of
12telephone, fax, Internet, or other electronic means.
13 (h) A consumer reporting agency that receives a request
14from a consumer to temporarily lift a freeze on a credit report
15pursuant to subsection (f), shall comply with the request no
16later than 3 business days after receiving the request.
17 (i) A consumer reporting agency shall remove or temporarily
18lift a freeze placed on a consumer's credit report only in the
19following cases:
20 (1) upon consumer request, pursuant to subsection (f)
21 or subsection (l) of this Section; or
22 (2) if the consumer's credit report was frozen due to a
23 material misrepresentation of fact by the consumer.
24 If a consumer reporting agency intends to remove a freeze
25upon a consumer's credit report pursuant to this subsection,
26the consumer reporting agency shall notify the consumer in

HB5597- 1922 -LRB098 15874 AMC 50917 b
1writing prior to removing the freeze on the consumer's credit
2report.
3 (j) If a third party requests access to a credit report on
4which a security freeze is in effect, and this request is in
5connection with an application for credit or any other use, and
6the consumer does not allow his or her credit report to be
7accessed for that specific party or period of time, the third
8party may treat the application as incomplete.
9 (k) If a consumer requests a security freeze, the credit
10reporting agency shall disclose to the consumer the process of
11placing and temporarily lifting a security freeze, and the
12process for allowing access to information from the consumer's
13credit report for a specific party or period of time while the
14freeze is in place.
15 (l) A security freeze shall remain in place until the
16consumer or person authorized under subsection (c) to act on
17behalf of the minor or disabled person that is the subject of
18the security freeze requests, using a point of contact
19designated by the consumer reporting agency, that the security
20freeze be removed. A credit reporting agency shall remove a
21security freeze within 3 business days of receiving a request
22for removal from the consumer, who provides:
23 (1) Proper identification;
24 (2) The unique personal identification number or
25 password or similar device provided by the consumer
26 reporting agency; and

HB5597- 1923 -LRB098 15874 AMC 50917 b
1 (3) A fee, if applicable.
2 (m) A consumer reporting agency shall require proper
3identification of the person making a request to place or
4remove a security freeze and may require proper identification
5and proper authority from the person making the request to
6place or remove a freeze on behalf of the disabled person or
7minor.
8 (n) The provisions of subsections (c) through (m) of this
9Section do not apply to the use of a consumer credit report by
10any of the following:
11 (1) A person or entity, or a subsidiary, affiliate, or
12 agent of that person or entity, or an assignee of a
13 financial obligation owing by the consumer to that person
14 or entity, or a prospective assignee of a financial
15 obligation owing by the consumer to that person or entity
16 in conjunction with the proposed purchase of the financial
17 obligation, with which the consumer has or had prior to
18 assignment an account or contract, including a demand
19 deposit account, or to whom the consumer issued a
20 negotiable instrument, for the purposes of reviewing the
21 account or collecting the financial obligation owing for
22 the account, contract, or negotiable instrument. For
23 purposes of this subsection, "reviewing the account"
24 includes activities related to account maintenance,
25 monitoring, credit line increases, and account upgrades
26 and enhancements.

HB5597- 1924 -LRB098 15874 AMC 50917 b
1 (2) A subsidiary, affiliate, agent, assignee, or
2 prospective assignee of a person to whom access has been
3 granted under subsection (f) of this Section for purposes
4 of facilitating the extension of credit or other
5 permissible use.
6 (3) Any state or local agency, law enforcement agency,
7 trial court, or private collection agency acting pursuant
8 to a court order, warrant, or subpoena.
9 (4) A child support agency acting pursuant to Title
10 IV-D of the Social Security Act.
11 (5) The State or its agents or assigns acting to
12 investigate fraud.
13 (6) The Department of Revenue or its agents or assigns
14 acting to investigate or collect delinquent taxes or unpaid
15 court orders or to fulfill any of its other statutory
16 responsibilities.
17 (7) The use of credit information for the purposes of
18 prescreening as provided for by the federal Fair Credit
19 Reporting Act.
20 (8) Any person or entity administering a credit file
21 monitoring subscription or similar service to which the
22 consumer has subscribed.
23 (9) Any person or entity for the purpose of providing a
24 consumer with a copy of his or her credit report or score
25 upon the consumer's request.
26 (10) Any person using the information in connection

HB5597- 1925 -LRB098 15874 AMC 50917 b
1 with the underwriting of insurance.
2 (n-5) This Section does not prevent a consumer reporting
3agency from charging a fee of no more than $10 to a consumer
4for each freeze, removal, or temporary lift of the freeze,
5regarding access to a consumer credit report, except that a
6consumer reporting agency may not charge a fee to (i) a
7consumer 65 years of age or over for placement and removal of a
8freeze, or (ii) a victim of identity theft who has submitted to
9the consumer reporting agency a valid copy of a police report,
10investigative report, or complaint that the consumer has filed
11with a law enforcement agency about unlawful use of his or her
12personal information by another person.
13 (o) If a security freeze is in place, a consumer reporting
14agency shall not change any of the following official
15information in a credit report without sending a written
16confirmation of the change to the consumer within 30 days of
17the change being posted to the consumer's file: (i) name, (ii)
18date of birth, (iii) Social Security number, and (iv) address.
19Written confirmation is not required for technical
20modifications of a consumer's official information, including
21name and street abbreviations, complete spellings, or
22transposition of numbers or letters. In the case of an address
23change, the written confirmation shall be sent to both the new
24address and to the former address.
25 (p) The following entities are not required to place a
26security freeze in a consumer report, however, pursuant to

HB5597- 1926 -LRB098 15874 AMC 50917 b
1paragraph (3) of this subsection, a consumer reporting agency
2acting as a reseller shall honor any security freeze placed on
3a consumer credit report by another consumer reporting agency:
4 (1) A check services or fraud prevention services
5 company, which issues reports on incidents of fraud or
6 authorizations for the purpose of approving or processing
7 negotiable instruments, electronic funds transfers, or
8 similar methods of payment.
9 (2) A deposit account information service company,
10 which issues reports regarding account closures due to
11 fraud, substantial overdrafts, ATM abuse, or similar
12 negative information regarding a consumer to inquiring
13 banks or other financial institutions for use only in
14 reviewing a consumer request for a deposit account at the
15 inquiring bank or financial institution.
16 (3) A consumer reporting agency that:
17 (A) acts only to resell credit information by
18 assembling and merging information contained in a
19 database of one or more consumer reporting agencies;
20 and
21 (B) does not maintain a permanent database of
22 credit information from which new credit reports are
23 produced.
24 (q) For purposes of this Section:
25 "Credit report" has the same meaning as "consumer report",
26as ascribed to it in 15 U.S.C. Sec. 1681a(d).

HB5597- 1927 -LRB098 15874 AMC 50917 b
1 "Consumer reporting agency" has the meaning ascribed to it
2in 15 U.S.C. Sec. 1681a(f).
3 "Security freeze" means a notice placed in a consumer's
4credit report, at the request of the consumer and subject to
5certain exceptions, that prohibits the consumer reporting
6agency from releasing the consumer's credit report or score
7relating to an extension of credit, without the express
8authorization of the consumer.
9 "Extension of credit" does not include an increase in an
10existing open-end credit plan, as defined in Regulation Z of
11the Federal Reserve System (12 C.F.R. 226.2), or any change to
12or review of an existing credit account.
13 "Proper authority" means documentation that shows that a
14parent, guardian, or agent has authority to act on behalf of a
15minor or disabled person. "Proper authority" includes (1) an
16order issued by a court of law that shows that a guardian has
17authority to act on behalf of a minor or disabled person, (2) a
18written, notarized statement signed by a parent that expressly
19describes the authority of the parent to act on behalf of the
20minor, or (3) a durable power of attorney that complies with
21the Illinois Power of Attorney Act.
22 "Proper identification" means information generally deemed
23sufficient to identify a person. Only if the consumer is unable
24to reasonably identify himself or herself with the information
25described above, may a consumer reporting agency require
26additional information concerning the consumer's employment

HB5597- 1928 -LRB098 15874 AMC 50917 b
1and personal or family history in order to verify his or her
2identity.
3 (r) Any person who violates this Section commits an
4unlawful practice within the meaning of this Act.
5(Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13;
698-486, eff. 1-1-14; revised 11-14-13.)
7 Section 820. The Dating Referral Services Act is amended by
8changing Sections 20 and 25 as follows:
9 (815 ILCS 615/20) (from Ch. 29, par. 1051-20)
10 Sec. 20. Cancellation and refund requirements.
11 (a) Every contract for dating referral services shall
12provide the following:
13 (1) That the contract may be cancelled by the customer
14 within 3 business days after the first business day after
15 the contract is signed by the customer, and that all monies
16 paid under the contract shall be refunded to the customer.
17 For the purposes of this Section, "business day" means any
18 day on which the facility is open for business. A customer
19 purchasing a plan at a facility that has not yet opened for
20 business at the time the contract is signed, or who does
21 not purchase a contract at an existing facility, shall have
22 7 calendar days in which to cancel the contract and receive
23 a full refund of all monies paid. The customer's rights to
24 cancel described in this Section are in addition to any

HB5597- 1929 -LRB098 15874 AMC 50917 b
1 other contract rights or remedies provided by law.
2 (2) In the event of the relocation of a customer's
3 residence to a location that is more than 20 miles farther
4 than the original distance from the customer's residence to
5 the original enterprise, and upon the failure of the
6 original enterprise to designate an a enterprise, with
7 comparable facilities and services within 25 miles of the
8 customer's new residence that agrees to accept the original
9 enterprise's obligations under the contract, the customer
10 may cancel the contract and shall be liable for only that
11 portion of the charges allocable to the time before
12 reasonable evidence of the relocation is presented to the
13 enterprise, plus a reasonable fee if so provided in the
14 contract, but the fee shall not exceed 10% of the unused
15 balance, or $50, whichever is less.
16 (3) If the customer dies during the term of the
17 contract, the customer's estate shall be liable for only
18 that portion of the charges allocable to the time before
19 the customer's death. The enterprise shall have the right
20 to require and verify reasonable evidence of the death.
21 (b) Every contract for dating referral services shall
22provide that notice of cancellation under subsection (a) of
23this Section shall be made in writing and delivered by
24certified or registered mail to the enterprise at the address
25specified in the contract. All refunds to which a customer or
26his or her estate is entitled shall be made within 30 days of

HB5597- 1930 -LRB098 15874 AMC 50917 b
1receipt by the enterprise of the cancellation notice.
2(Source: P.A. 87-450; revised 11-14-13.)
3 (815 ILCS 615/25) (from Ch. 29, par. 1051-25)
4 Sec. 25. Contract requirements for planned enterprises.
5Every contract for dating referral services at a planned dating
6referral enterprise or an a enterprise under construction shall
7further provide that, in the event that the facilities and
8services contracted for are not available within 6 months from
9the date the contract is entered into, or within 3 months of a
10date specified in the contract, whichever is earlier, the
11contract may be cancelled at the option of the customer, and
12all payments refunded within 30 days of receipt by the
13enterprise of the cancellation notice.
14(Source: P.A. 87-450; revised 11-14-13.)
15 Section 825. The Prevailing Wage Act is amended by changing
16Sections 2 and 5 as follows:
17 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
18 Sec. 2. This Act applies to the wages of laborers,
19mechanics and other workers employed in any public works, as
20hereinafter defined, by any public body and to anyone under
21contracts for public works. This includes any maintenance,
22repair, assembly, or disassembly work performed on equipment
23whether owned, leased, or rented.

HB5597- 1931 -LRB098 15874 AMC 50917 b
1 As used in this Act, unless the context indicates
2otherwise:
3 "Public works" means all fixed works constructed or
4demolished by any public body, or paid for wholly or in part
5out of public funds. "Public works" as defined herein includes
6all projects financed in whole or in part with bonds, grants,
7loans, or other funds made available by or through the State or
8any of its political subdivisions, including but not limited
9to: bonds issued under the Industrial Project Revenue Bond Act
10(Article 11, Division 74 of the Illinois Municipal Code), the
11Industrial Building Revenue Bond Act, the Illinois Finance
12Authority Act, the Illinois Sports Facilities Authority Act, or
13the Build Illinois Bond Act; loans or other funds made
14available pursuant to the Build Illinois Act; loans or other
15funds made available pursuant to the Riverfront Development
16Fund under Section 10-15 of the River Edge Redevelopment Zone
17Act; or funds from the Fund for Illinois' Future under Section
186z-47 of the State Finance Act, funds for school construction
19under Section 5 of the General Obligation Bond Act, funds
20authorized under Section 3 of the School Construction Bond Act,
21funds for school infrastructure under Section 6z-45 of the
22State Finance Act, and funds for transportation purposes under
23Section 4 of the General Obligation Bond Act. "Public works"
24also includes (i) all projects financed in whole or in part
25with funds from the Department of Commerce and Economic
26Opportunity under the Illinois Renewable Fuels Development

HB5597- 1932 -LRB098 15874 AMC 50917 b
1Program Act for which there is no project labor agreement; (ii)
2all work performed pursuant to a public private agreement under
3the Public Private Agreements for the Illiana Expressway Act or
4the Public-Private Agreements for the South Suburban Airport
5Act; and (iii) all projects undertaken under a public-private
6agreement under the Public-Private Partnerships for
7Transportation Act. "Public works" also includes all projects
8at leased facility property used for airport purposes under
9Section 35 of the Local Government Facility Lease Act. "Public
10works" also includes the construction of a new wind power
11facility by a business designated as a High Impact Business
12under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
13"Public works" does not include work done directly by any
14public utility company, whether or not done under public
15supervision or direction, or paid for wholly or in part out of
16public funds. "Public works" also includes any corrective
17action performed pursuant to Title XVI of the Environmental
18Protection Act for which payment from the Underground Storage
19Tank Fund is requested. "Public works" does not include
20projects undertaken by the owner at an owner-occupied
21single-family residence or at an owner-occupied unit of a
22multi-family residence.
23 "Construction" means all work on public works involving
24laborers, workers or mechanics. This includes any maintenance,
25repair, assembly, or disassembly work performed on equipment
26whether owned, leased, or rented.

HB5597- 1933 -LRB098 15874 AMC 50917 b
1 "Locality" means the county where the physical work upon
2public works is performed, except (1) that if there is not
3available in the county a sufficient number of competent
4skilled laborers, workers and mechanics to construct the public
5works efficiently and properly, "locality" includes any other
6county nearest the one in which the work or construction is to
7be performed and from which such persons may be obtained in
8sufficient numbers to perform the work and (2) that, with
9respect to contracts for highway work with the Department of
10Transportation of this State, "locality" may at the discretion
11of the Secretary of the Department of Transportation be
12construed to include two or more adjacent counties from which
13workers may be accessible for work on such construction.
14 "Public body" means the State or any officer, board or
15commission of the State or any political subdivision or
16department thereof, or any institution supported in whole or in
17part by public funds, and includes every county, city, town,
18village, township, school district, irrigation, utility,
19reclamation improvement or other district and every other
20political subdivision, district or municipality of the state
21whether such political subdivision, municipality or district
22operates under a special charter or not.
23 The terms "general prevailing rate of hourly wages",
24"general prevailing rate of wages" or "prevailing rate of
25wages" when used in this Act mean the hourly cash wages plus
26annualized fringe benefits for training and apprenticeship

HB5597- 1934 -LRB098 15874 AMC 50917 b
1programs approved by the U.S. Department of Labor, Bureau of
2Apprenticeship and Training, health and welfare, insurance,
3vacations and pensions paid generally, in the locality in which
4the work is being performed, to employees engaged in work of a
5similar character on public works.
6(Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13;
798-482, eff. 1-1-14; revised 9-24-13.)
8 (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
9 Sec. 5. Certified payroll.
10 (a) Any contractor and each subcontractor who participates
11in public works shall:
12 (1) make and keep, for a period of not less than 3
13 years from the date of the last payment made before January
14 1, 2014 (the effective date of Public Act 98-328) the
15 effective date of this amendatory Act of the 98th General
16 Assembly and for a period of 5 years from the date of the
17 last payment made on or after January 1, 2014 (the
18 effective date of Public Act 98-328) the effective date of
19 this amendatory Act of the 98th General Assembly on a
20 contract or subcontract for public works, records of all
21 laborers, mechanics, and other workers employed by them on
22 the project; the records shall include (i) the worker's
23 name, (ii) the worker's address, (iii) the worker's
24 telephone number when available, (iv) the worker's social
25 security number, (v) the worker's classification or

HB5597- 1935 -LRB098 15874 AMC 50917 b
1 classifications, (vi) the worker's gross and net wages paid
2 in each pay period, (vii) the worker's number of hours
3 worked each day, (viii) the worker's starting and ending
4 times of work each day, (ix) the worker's hourly wage rate,
5 (x) the worker's hourly overtime wage rate, (xi) the
6 worker's hourly fringe benefit rates, (xii) the name and
7 address of each fringe benefit fund, (xiii) the plan
8 sponsor of each fringe benefit, if applicable, and (xiv)
9 the plan administrator of each fringe benefit, if
10 applicable; and
11 (2) no later than the 15th day of each calendar month
12 file a certified payroll for the immediately preceding
13 month with the public body in charge of the project. A
14 certified payroll must be filed for only those calendar
15 months during which construction on a public works project
16 has occurred. The certified payroll shall consist of a
17 complete copy of the records identified in paragraph (1) of
18 this subsection (a), but may exclude the starting and
19 ending times of work each day. The certified payroll shall
20 be accompanied by a statement signed by the contractor or
21 subcontractor or an officer, employee, or agent of the
22 contractor or subcontractor which avers that: (i) he or she
23 has examined the certified payroll records required to be
24 submitted by the Act and such records are true and
25 accurate; (ii) the hourly rate paid to each worker is not
26 less than the general prevailing rate of hourly wages

HB5597- 1936 -LRB098 15874 AMC 50917 b
1 required by this Act; and (iii) the contractor or
2 subcontractor is aware that filing a certified payroll that
3 he or she knows to be false is a Class A misdemeanor. A
4 general contractor is not prohibited from relying on the
5 certification of a lower tier subcontractor, provided the
6 general contractor does not knowingly rely upon a
7 subcontractor's false certification. Any contractor or
8 subcontractor subject to this Act and any officer,
9 employee, or agent of such contractor or subcontractor
10 whose duty as such officer, employee, or agent it is to
11 file such certified payroll who willfully fails to file
12 such a certified payroll on or before the date such
13 certified payroll is required by this paragraph to be filed
14 and any person who willfully files a false certified
15 payroll that is false as to any material fact is in
16 violation of this Act and guilty of a Class A misdemeanor.
17 The public body in charge of the project shall keep the
18 records submitted in accordance with this paragraph (2) of
19 subsection (a) before January 1, 2014 (the effective date
20 of Public Act 98-328) the effective date of this amendatory
21 Act of the 98th General Assembly for a period of not less
22 than 3 years, and the records submitted in accordance with
23 this paragraph (2) of subsection (a) on or after January 1,
24 2014 (the effective date of Public Act 98-328) the
25 effective date of this amendatory Act of the 98th General
26 Assembly for a period of 5 years, from the date of the last

HB5597- 1937 -LRB098 15874 AMC 50917 b
1 payment for work on a contract or subcontract for public
2 works. The records submitted in accordance with this
3 paragraph (2) of subsection (a) shall be considered public
4 records, except an employee's address, telephone number,
5 and social security number, and made available in
6 accordance with the Freedom of Information Act. The public
7 body shall accept any reasonable submissions by the
8 contractor that meet the requirements of this Section.
9 A contractor, subcontractor, or public body may retain
10records required under this Section in paper or electronic
11format.
12 (b) Upon 7 business days' notice, the contractor and each
13subcontractor shall make available for inspection and copying
14at a location within this State during reasonable hours, the
15records identified in paragraph (1) of subsection (a) of this
16Section to the public body in charge of the project, its
17officers and agents, the Director of Labor and his deputies and
18agents, and to federal, State, or local law enforcement
19agencies and prosecutors.
20 (c) A contractor or subcontractor who remits contributions
21to fringe benefit funds that are jointly maintained and jointly
22governed by one or more employers and one or more labor
23organizations in accordance with the federal Labor Management
24Relations Act shall make and keep certified payroll records
25that include the information required under items (i) through
26(viii) of paragraph (1) of subsection (a) only. However, the

HB5597- 1938 -LRB098 15874 AMC 50917 b
1information required under items (ix) through (xiv) of
2paragraph (1) of subsection (a) shall be required for any
3contractor or subcontractor who remits contributions to a
4fringe benefit fund that is not jointly maintained and jointly
5governed by one or more employers and one or more labor
6organizations in accordance with the federal Labor Management
7Relations Act.
8(Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482,
9eff. 1-1-14; revised 9-24-13.)
10 Section 995. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
17 Section 996. No revival or extension. This Act does not
18revive or extend any Section or Act otherwise repealed.
19 Section 999. Effective date. This Act takes effect upon
20becoming law.

HB5597- 1939 -LRB098 15874 AMC 50917 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.34
4 5 ILCS 120/2from Ch. 102, par. 42
5 5 ILCS 140/3.2
6 5 ILCS 140/7.5
7 5 ILCS 350/1from Ch. 127, par. 1301
8 5 ILCS 375/2.5
9 5 ILCS 375/2.9
10 5 ILCS 490/175
11 5 ILCS 490/180
12 5 ILCS 490/185
13 10 ILCS 5/1A-16.5
14 10 ILCS 5/4-10from Ch. 46, par. 4-10
15 10 ILCS 5/5-9from Ch. 46, par. 5-9
16 10 ILCS 5/10-4from Ch. 46, par. 10-4
17 10 ILCS 5/19-4from Ch. 46, par. 19-4
18 10 ILCS 5/24A-15.1from Ch. 46, par. 24A-15.1
19 10 ILCS 5/24A-16from Ch. 46, par. 24A-16
20 10 ILCS 5/28-3from Ch. 46, par. 28-3
21 15 ILCS 15/5from Ch. 127, par. 1805
22 15 ILCS 335/4from Ch. 124, par. 24
23 15 ILCS 405/10from Ch. 15, par. 210
24 15 ILCS 405/10.10from Ch. 15, par. 210.10
25 20 ILCS 105/4.01from Ch. 23, par. 6104.01

HB5597- 1940 -LRB098 15874 AMC 50917 b
1 20 ILCS 405/405-120was 20 ILCS 405/67.29
2 20 ILCS 405/405-335
3 20 ILCS 505/5from Ch. 23, par. 5005
4 20 ILCS 605/605-300was 20 ILCS 605/46.2
5 20 ILCS 605/605-320was 20 ILCS 605/46.5
6 20 ILCS 896/20
7 20 ILCS 1705/14from Ch. 91 1/2, par. 100-14
8 20 ILCS 2105/2105-15
9 20 ILCS 2310/2310-665
10 20 ILCS 2310/2310-670
11 20 ILCS 2310/2310-675
12 20 ILCS 2310/2310-680
13 20 ILCS 2407/10
14 20 ILCS 2605/2605-595
15 20 ILCS 2605/2605-600
16 20 ILCS 2630/4from Ch. 38, par. 206-4
17 20 ILCS 2630/5.2
18 20 ILCS 3005/2.7
19 20 ILCS 3105/14from Ch. 127, par. 783.01
20 20 ILCS 3305/21from Ch. 127, par. 1071
21 20 ILCS 3501/801-10
22 20 ILCS 3855/1-57
23 20 ILCS 3855/1-92
24 20 ILCS 3901/20
25 20 ILCS 3930/3from Ch. 38, par. 210-3
26 20 ILCS 3930/14from Ch. 38, par. 210-14

HB5597- 1941 -LRB098 15874 AMC 50917 b
1 20 ILCS 4028/5
2 30 ILCS 105/5.826
3 30 ILCS 105/5.827
4 30 ILCS 105/5.830
5 30 ILCS 105/5.831
6 30 ILCS 105/5.832
7 30 ILCS 105/5.833
8 30 ILCS 105/5.834
9 30 ILCS 105/5.835
10 30 ILCS 105/5.836
11 30 ILCS 105/5.837
12 30 ILCS 105/5.838
13 30 ILCS 105/5.839
14 30 ILCS 105/5.840
15 30 ILCS 105/5.841
16 30 ILCS 105/5.842
17 30 ILCS 105/5.843
18 30 ILCS 105/5.844
19 30 ILCS 105/5.845
20 30 ILCS 105/5.846
21 30 ILCS 105/5.847
22 30 ILCS 105/5.848
23 30 ILCS 105/5.849
24 30 ILCS 105/5.850
25 30 ILCS 105/5.851
26 30 ILCS 105/5.852

HB5597- 1942 -LRB098 15874 AMC 50917 b
1 30 ILCS 105/5.853
2 30 ILCS 105/5.854
3 30 ILCS 105/5i
4 30 ILCS 105/5j
5 30 ILCS 105/6z-98
6 30 ILCS 105/6z-99
7 30 ILCS 105/25from Ch. 127, par. 161
8 30 ILCS 235/2from Ch. 85, par. 902
9 30 ILCS 235/6.5
10 30 ILCS 500/1-10
11 30 ILCS 805/8.37
12 35 ILCS 5/201from Ch. 120, par. 2-201
13 35 ILCS 5/304from Ch. 120, par. 3-304
14 35 ILCS 105/3-5
15 35 ILCS 105/9from Ch. 120, par. 439.9
16 35 ILCS 110/3-5
17 35 ILCS 110/3-10from Ch. 120, par. 439.33-10
18 35 ILCS 110/9from Ch. 120, par. 439.39
19 35 ILCS 115/3-5
20 35 ILCS 115/3-10from Ch. 120, par. 439.103-10
21 35 ILCS 115/9from Ch. 120, par. 439.109
22 35 ILCS 120/2-5
23 35 ILCS 120/2afrom Ch. 120, par. 441a
24 35 ILCS 120/3from Ch. 120, par. 442
25 35 ILCS 200/9-275
26 35 ILCS 200/15-170

HB5597- 1943 -LRB098 15874 AMC 50917 b
1 35 ILCS 450/2-15
2 35 ILCS 450/2-45
3 35 ILCS 450/2-50
4 35 ILCS 505/1from Ch. 120, par. 417
5 35 ILCS 505/1.13Afrom Ch. 120, par. 417.13A
6 35 ILCS 625/14from Ch. 120, par. 1424
7 35 ILCS 645/5-6
8 40 ILCS 5/4-114from Ch. 108 1/2, par. 4-114
9 40 ILCS 5/8-138from Ch. 108 1/2, par. 8-138
10 40 ILCS 5/9-102from Ch. 108 1/2, par. 9-102
11 40 ILCS 5/11-134from Ch. 108 1/2, par. 11-134
12 40 ILCS 5/13-809from Ch. 108 1/2, par. 13-809
13 50 ILCS 705/7from Ch. 85, par. 507
14 50 ILCS 705/10.14
15 50 ILCS 705/10.15
16 55 ILCS 5/3-3016.5
17 55 ILCS 5/3-5018from Ch. 34, par. 3-5018
18 55 ILCS 5/5-1062.3
19 55 ILCS 5/5-1134
20 55 ILCS 5/5-1135
21 55 ILCS 5/5-12001.2
22 55 ILCS 5/5-44020
23 55 ILCS 5/6-27005from Ch. 34, par. 6-27005
24 60 ILCS 1/27-10
25 65 ILCS 5/11-80-9from Ch. 24, par. 11-80-9
26 70 ILCS 705/8.20

HB5597- 1944 -LRB098 15874 AMC 50917 b
1 70 ILCS 705/11j
2 70 ILCS 1205/11.2-1from Ch. 105, par. 11.2-1
3 70 ILCS 1935/10
4 70 ILCS 1935/50
5 70 ILCS 1935/60
6 70 ILCS 2005/12from Ch. 85, par. 6862
7 70 ILCS 3615/3B.09b
8 105 ILCS 5/2-3.157
9 105 ILCS 5/2-3.158
10 105 ILCS 5/2-3.159
11 105 ILCS 5/10-19from Ch. 122, par. 10-19
12 105 ILCS 5/20-1from Ch. 122, par. 20-1
13 105 ILCS 5/21B-30
14 105 ILCS 5/27-24from Ch. 122, par. 27-24
15 105 ILCS 110/3
16 110 ILCS 805/2-16.02from Ch. 122, par. 102-16.02
17 205 ILCS 510/7from Ch. 17, par. 4657
18 210 ILCS 3/30
19 210 ILCS 25/7-101from Ch. 111 1/2, par. 627-101
20 210 ILCS 30/4from Ch. 111 1/2, par. 4164
21 210 ILCS 35/9from Ch. 111 1/2, par. 4189
22 210 ILCS 45/3-112from Ch. 111 1/2, par. 4153-112
23 210 ILCS 45/3-304.1
24 210 ILCS 50/3.117
25 210 ILCS 62/60
26 210 ILCS 80/1.3

HB5597- 1945 -LRB098 15874 AMC 50917 b
1 210 ILCS 87/15
2 210 ILCS 115/2from Ch. 111 1/2, par. 712
3 215 ILCS 5/500-100
4 215 ILCS 100/20from Ch. 73, par. 1620
5 215 ILCS 100/45from Ch. 73, par. 1645
6 215 ILCS 122/5-10
7 215 ILCS 159/72
8 215 ILCS 180/10
9 220 ILCS 5/13-903
10 220 ILCS 5/21-401
11 220 ILCS 20/2from Ch. 111 2/3, par. 552
12 225 ILCS 10/2from Ch. 23, par. 2212
13 225 ILCS 20/19from Ch. 111, par. 6369
14 225 ILCS 25/17from Ch. 111, par. 2317
15 225 ILCS 30/95from Ch. 111, par. 8401-95
16 225 ILCS 41/5-5
17 225 ILCS 41/10-5
18 225 ILCS 41/15-75
19 225 ILCS 46/70
20 225 ILCS 50/31from Ch. 111, par. 7431
21 225 ILCS 57/45
22 225 ILCS 65/65-35was 225 ILCS 65/15-15
23 225 ILCS 75/3from Ch. 111, par. 3703
24 225 ILCS 75/3.1
25 225 ILCS 75/15from Ch. 111, par. 3715
26 225 ILCS 75/19from Ch. 111, par. 3719

HB5597- 1946 -LRB098 15874 AMC 50917 b
1 225 ILCS 75/21from Ch. 111, par. 3737
2 225 ILCS 84/90
3 225 ILCS 85/3
4 225 ILCS 105/8from Ch. 111, par. 5008
5 225 ILCS 109/20
6 225 ILCS 109/75
7 225 ILCS 125/105
8 225 ILCS 130/10
9 225 ILCS 305/22from Ch. 111, par. 1322
10 225 ILCS 325/24from Ch. 111, par. 5224
11 225 ILCS 325/46from Ch. 111, par. 5246
12 225 ILCS 330/27from Ch. 111, par. 3277
13 225 ILCS 330/47from Ch. 111, par. 3297
14 225 ILCS 340/20from Ch. 111, par. 6620
15 225 ILCS 340/37from Ch. 111, par. 6637
16 225 ILCS 415/23from Ch. 111, par. 6223
17 225 ILCS 415/23.2a
18 225 ILCS 427/85
19 225 ILCS 430/14from Ch. 111, par. 2415
20 225 ILCS 440/3from Ch. 121, par. 503
21 225 ILCS 440/14.1
22 225 ILCS 440/15
23 225 ILCS 441/15-10
24 225 ILCS 447/25-20
25 225 ILCS 450/2.1from Ch. 111, par. 5503
26 225 ILCS 450/28from Ch. 111, par. 5534

HB5597- 1947 -LRB098 15874 AMC 50917 b
1 225 ILCS 454/5-32
2 225 ILCS 454/20-20
3 225 ILCS 732/1-15
4 225 ILCS 732/1-35
5 225 ILCS 732/1-60
6 225 ILCS 732/1-70
7 225 ILCS 732/1-75
8 225 ILCS 732/1-95
9 230 ILCS 10/8from Ch. 120, par. 2408
10 230 ILCS 15/8.1from Ch. 85, par. 2308.1
11 230 ILCS 40/5
12 230 ILCS 40/15
13 230 ILCS 40/25
14 230 ILCS 40/45
15 235 ILCS 5/5-1from Ch. 43, par. 115
16 235 ILCS 5/6-2from Ch. 43, par. 120
17 235 ILCS 5/6-6from Ch. 43, par. 123
18 235 ILCS 5/6-15from Ch. 43, par. 130
19 235 ILCS 5/7-1from Ch. 43, par. 145
20 305 ILCS 5/1-10
21 305 ILCS 5/5-5from Ch. 23, par. 5-5
22 305 ILCS 5/5-5.2from Ch. 23, par. 5-5.2
23 305 ILCS 5/5-5.4from Ch. 23, par. 5-5.4
24 305 ILCS 5/5-5f
25 305 ILCS 5/5A-5from Ch. 23, par. 5A-5
26 305 ILCS 5/5A-8from Ch. 23, par. 5A-8

HB5597- 1948 -LRB098 15874 AMC 50917 b
1 305 ILCS 5/5A-12.4
2 305 ILCS 5/11-5.2
3 305 ILCS 5/12-4.25from Ch. 23, par. 12-4.25
4 305 ILCS 5/12-4.45
5 305 ILCS 5/12-4.46
6 320 ILCS 20/2from Ch. 23, par. 6602
7 320 ILCS 20/7.5
8 325 ILCS 5/4
9 325 ILCS 5/7.16from Ch. 23, par. 2057.16
10 325 ILCS 20/5from Ch. 23, par. 4155
11 405 ILCS 5/2-107.1from Ch. 91 1/2, par. 2-107.1
12 405 ILCS 80/2-5from Ch. 91 1/2, par. 1802-5
13 405 ILCS 105/30
14 410 ILCS 46/25
15 410 ILCS 240/2from Ch. 111 1/2, par. 4904
16 410 ILCS 325/5.5from Ch. 111 1/2, par. 7405.5
17 415 ILCS 5/3.330was 415 ILCS 5/3.32
18 415 ILCS 5/21from Ch. 111 1/2, par. 1021
19 415 ILCS 5/22.2from Ch. 111 1/2, par. 1022.2
20 415 ILCS 5/58.16
21 415 ILCS 60/4from Ch. 5, par. 804
22 430 ILCS 65/8from Ch. 38, par. 83-8
23 430 ILCS 66/25
24 430 ILCS 66/35
25 430 ILCS 66/50
26 430 ILCS 66/70

HB5597- 1949 -LRB098 15874 AMC 50917 b
1 430 ILCS 75/5from Ch. 111 1/2, par. 3206
2 430 ILCS 85/2-8.1
3 430 ILCS 85/2-12from Ch. 111 1/2, par. 4062
4 430 ILCS 85/2-15from Ch. 111 1/2, par. 4065
5 505 ILCS 17/50
6 505 ILCS 19/5
7 505 ILCS 80/3from Ch. 5, par. 55.3
8 505 ILCS 80/4from Ch. 5, par. 55.4
9 505 ILCS 80/6from Ch. 5, par. 55.6
10 505 ILCS 80/12from Ch. 5, par. 55.12
11 510 ILCS 5/2from Ch. 8, par. 352
12 510 ILCS 20/2-1
13 520 ILCS 5/1.2from Ch. 61, par. 1.2
14 520 ILCS 5/2.33from Ch. 61, par. 2.33
15 525 ILCS 35/3from Ch. 85, par. 2103
16 605 ILCS 5/4-223
17 620 ILCS 5/43dfrom Ch. 15 1/2, par. 22.43d
18 620 ILCS 45/6from Ch. 15 1/2, par. 89
19 620 ILCS 75/2-35
20 625 ILCS 5/1-105from Ch. 95 1/2, par. 1-105
21 625 ILCS 5/2-119from Ch. 95 1/2, par. 2-119
22 625 ILCS 5/3-699
23 625 ILCS 5/3-699.2
24 625 ILCS 5/3-699.3
25 625 ILCS 5/3-699.4
26 625 ILCS 5/3-699.5

HB5597- 1950 -LRB098 15874 AMC 50917 b
1 625 ILCS 5/3-699.6
2 625 ILCS 5/3-699.7
3 625 ILCS 5/3-699.8
4 625 ILCS 5/3-699.9
5 625 ILCS 5/3-699.10
6 625 ILCS 5/3-699.11
7 625 ILCS 5/3-699.12
8 625 ILCS 5/3-699.13
9 625 ILCS 5/3-918
10 625 ILCS 5/5-301from Ch. 95 1/2, par. 5-301
11 625 ILCS 5/6-103from Ch. 95 1/2, par. 6-103
12 625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106
13 625 ILCS 5/6-108from Ch. 95 1/2, par. 6-108
14 625 ILCS 5/6-118
15 625 ILCS 5/6-201
16 625 ILCS 5/6-206
17 625 ILCS 5/6-303from Ch. 95 1/2, par. 6-303
18 625 ILCS 5/6-508from Ch. 95 1/2, par. 6-508
19 625 ILCS 5/6-514from Ch. 95 1/2, par. 6-514
20 625 ILCS 5/11-208from Ch. 95 1/2, par. 11-208
21 625 ILCS 5/11-208.7
22 625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501
23 625 ILCS 5/11-709.2
24 625 ILCS 5/12-215from Ch. 95 1/2, par. 12-215
25 625 ILCS 5/12-610.2
26 625 ILCS 5/15-111from Ch. 95 1/2, par. 15-111

HB5597- 1951 -LRB098 15874 AMC 50917 b
1 625 ILCS 40/1-2.06from Ch. 95 1/2, par. 601-2.06
2 705 ILCS 35/1from Ch. 37, par. 72.1
3 705 ILCS 405/1-7from Ch. 37, par. 801-7
4 705 ILCS 405/1-8from Ch. 37, par. 801-8
5 705 ILCS 405/2-10from Ch. 37, par. 802-10
6 705 ILCS 405/2-28from Ch. 37, par. 802-28
7 705 ILCS 405/3-12from Ch. 37, par. 803-12
8 705 ILCS 405/4-9from Ch. 37, par. 804-9
9 705 ILCS 405/5-105
10 705 ILCS 405/5-130
11 705 ILCS 405/5-401.5
12 705 ILCS 405/5-410
13 705 ILCS 405/5-901
14 705 ILCS 405/5-905
15 705 ILCS 405/5-915
16 720 ILCS 5/2-10.1from Ch. 38, par. 2-10.1
17 720 ILCS 5/3-6from Ch. 38, par. 3-6
18 720 ILCS 5/10-9
19 720 ILCS 5/11-1.40was 720 ILCS 5/12-14.1
20 720 ILCS 5/11-9.1B
21 720 ILCS 5/11-14from Ch. 38, par. 11-14
22 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
23 720 ILCS 5/12C-10was 720 ILCS 5/12-21.5
24 720 ILCS 5/19-4from Ch. 38, par. 19-4
25 720 ILCS 5/21-1.3
26 720 ILCS 5/31A-1.1from Ch. 38, par. 31A-1.1

HB5597- 1952 -LRB098 15874 AMC 50917 b
1 720 ILCS 5/33-1from Ch. 38, par. 33-1
2 720 ILCS 5/33E-18
3 720 ILCS 550/15.1from Ch. 56 1/2, par. 715.1
4 720 ILCS 570/102from Ch. 56 1/2, par. 1102
5 720 ILCS 570/201from Ch. 56 1/2, par. 1201
6 725 ILCS 120/4.5
7 725 ILCS 207/30
8 730 ILCS 5/3-2-2from Ch. 38, par. 1003-2-2
9 730 ILCS 5/3-2.5-20
10 730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
11 730 ILCS 5/3-5-1from Ch. 38, par. 1003-5-1
12 730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
13 730 ILCS 5/5-5-3.2
14 730 ILCS 5/5-5-5from Ch. 38, par. 1005-5-5
15 730 ILCS 5/5-8A-3from Ch. 38, par. 1005-8A-3
16 735 ILCS 5/8-2001from Ch. 110, par. 8-2001
17 735 ILCS 5/8-2005
18 735 ILCS 5/11-106from Ch. 110, par. 11-106
19 735 ILCS 5/13-110from Ch. 110, par. 13-110
20 735 ILCS 30/15-5-15
21 735 ILCS 30/15-5-35
22 735 ILCS 30/15-5-47
23 735 ILCS 30/25-5-45
24 735 ILCS 30/25-5-50
25 740 ILCS 45/17from Ch. 70, par. 87
26 740 ILCS 110/12.2from Ch. 91 1/2, par. 812.2

HB5597- 1953 -LRB098 15874 AMC 50917 b