Public Act 100-0201
HB3855 EnrolledLRB100 05985 AMC 16014 b
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2017 General
Revisory Act.
(b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
(d) Public Acts 99-492 through 99-919 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
Section 5. The Statute on Statutes is amended by changing
Section 8 as follows:
(5 ILCS 70/8) (from Ch. 1, par. 1107)
Sec. 8. Omnibus Bond Acts.
(a) A citation to the Omnibus Bond Acts is a citation to
all of the following Acts, collectively, as amended from time
to time: the Bond Authorization Act, the Registered Bond Act,
the Municipal Bond Reform Act, the Local Government Debt Reform
Act, subsection (a) of Section 1-7 of the Property Tax
Extension Limitation Act (now repealed), subsection (a) of
Section 18-190 of the Property Tax Code, the Uniform Facsimile
Signature of Public Officials Act, the Local Government Bond
Validity Act, the Illinois Finance Authority Act, the Public
Funds Investment Act, the Local Government Credit Enhancement
Act, the Local Government Defeasance of Debt Law, the
Intergovernmental Cooperation Act, the Local Government
Financial Planning and Supervision Act, the Special Assessment
Supplemental Bond and Procedures Procedure Act, Section 12-5 of
the Election Code, the State University Certificates of
Participation Act, and any similar Act granting additional
omnibus bond powers to governmental entities generally,
whether enacted before, on, or after June 6, 1989 (the
effective date of Public Act 86-4) this amendatory Act of 1989.
(b) The General Assembly recognizes that the proliferation
of governmental entities has resulted in the enactment of
hundreds of statutory provisions relating to the borrowing and
other powers of governmental entities. The General Assembly
addresses and has addressed problems common to all such
governmental entities so that they have equal access to the
municipal bond market. It has been, and will continue to be,
the intention of the General Assembly to enact legislation
applicable to governmental entities in an omnibus fashion, as
has been done in the provisions of the Omnibus Bond Acts.
(c) It is and always has been the intention of the General
Assembly that the Omnibus Bond Acts are and always have been
supplementary grants of power, cumulative in nature and in
addition to any power or authority granted in any other laws of
the State. The Omnibus Bond Acts are supplementary grants of
power when applied in connection with any similar grant of
power or limitation contained in any other law of the State,
whether or not the other law is enacted or amended after an
Omnibus Bond Act or appears to be more restrictive than an
Omnibus Bond Act, unless the General Assembly expressly
declares in such other law that a specifically named Omnibus
Bond Act does not apply.
(d) All instruments providing for the payment of money
executed by or on behalf of any governmental entity organized
by or under the laws of this State, including without
limitation the State, to carry out a public governmental or
proprietary function, acting through its corporate
authorities, or which any governmental entity has assumed or
agreed to pay, which were:
(1) issued or authorized to be issued by proceedings
adopted by such corporate authorities before June 6, 1989
(the effective date of Public Act 86-4) this amendatory Act
of 1989;
(2) issued or authorized to be issued in accordance
with the procedures set forth in or pursuant to any
authorization contained in any of the Omnibus Bond Acts;
and
(3) issued or authorized to be issued for any purpose
authorized by the laws of this State, are valid and legally
binding obligations of the governmental entity issuing
such instruments, payable in accordance with their terms.
(Source: P.A. 96-15, eff. 6-22-09; revised 9-2-16.)
Section 10. The Regulatory Sunset Act is amended by
changing Section 4.37 as follows:
(5 ILCS 80/4.37)
Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following Acts are repealed on January 1, 2027:
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
The Boiler and Pressure Vessel Repairer Regulation Act.
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
(5 ILCS 80/4.27 rep.)
Section 15. The Regulatory Sunset Act is amended by
repealing Section 4.27.
Section 20. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint
lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts. This exception shall not apply to the
investment of assets or income of funds deposited into the
Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond
to an actual, a threatened, or a reasonably potential
danger to the safety of employees, students, staff, the
public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
or other institution providing medical care, that is
operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances Act
during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;
99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;
99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff.
1-1-17; revised 9-21-16.)
Section 25. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections if those materials are available
in the library of the correctional facility where the
inmate is confined.
(e-6) Records requested by persons committed to the
Department of Corrections if those materials include
records from staff members' personnel files, staff
rosters, or other staffing assignment information.
(e-7) Records requested by persons committed to the
Department of Corrections if those materials are available
through an administrative request to the Department of
Corrections.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request to
the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
99-642, eff. 7-28-16; revised 10-25-16.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone Safety
Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) (dd) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
8-19-16; revised 9-1-16.)
Section 30. The State Records Act is amended by changing
Section 2 as follows:
(5 ILCS 160/2) (from Ch. 116, par. 43.5)
Sec. 2. For the purposes of this Act:
"Secretary" means Secretary of State.
"Record" or "records" means all books, papers,
born-digital electronic material, digitized electronic
material, electronic material with a combination of digitized
and born-digital material, maps, photographs, databases, or
other official documentary materials, regardless of physical
form or characteristics, made, produced, executed, or received
by any agency in the State in pursuance of State state law or
in connection with the transaction of public business and
preserved or appropriate for preservation by that agency or its
successor as evidence of the organization, function, policies,
decisions, procedures, operations, or other activities of the
State or of the State Government, or because of the
informational data contained therein. Library and museum
material made or acquired and preserved solely for reference or
exhibition purposes, extra copies of documents preserved only
for convenience of reference, and stocks of publications and of
blank forms are not included within the definition of records
as used in this Act. Reports of impaired physicians under
Section 16.04 of the Medical Practice Act or Section 23 of the
Medical Practice Act of 1987 are not included within the
definition of records as used in this Act.
"Born-digital electronic material" means electronic
material created in digital form rather than converted from
print or analog form to digital form.
"Digitized electronic material" means electronic material
converted from print or analog form to digital form.
"Agency" means all parts, boards, and commissions of the
executive branch of the State government, including, but not
limited to, State colleges and universities and their governing
boards and all departments established by the "Civil
Administrative Code of Illinois," as heretofore or hereafter
amended.
"Public Officer" or "public officers" means all officers of
the executive branch of the State government, all officers
created by the "Civil Administrative Code of Illinois," as
heretofore or hereafter amended, and all other officers and
heads, presidents, or chairmen of boards, commissions, and
agencies of the State government.
"Commission" means the State Records Commission.
"Archivist" means the Secretary of State.
(Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)
Section 35. The Illinois Notary Public Act is amended by
changing Section 2-106 as follows:
(5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
Sec. 2-106. Appointment Recorded by County Clerk. The
appointment of the applicant as a notary public is complete
when the commission is recorded with the county clerk.
The Secretary of State shall forward the applicant's
commission to the county clerk of the county in which the
applicant resides or, if the applicant is a resident of a state
bordering Illinois, the county in Illinois in which the
applicant's principal place of work or principal place of
business is located. Upon receipt thereof, the county clerk
shall notify the applicant of the action taken by the Secretary
of State, and the applicant shall either appear at the county
clerk's office to record the same and receive the commission or
request by mail to have the commission sent to the applicant
with a specimen signature of the applicant attached to the
request. The applicant shall have a record of the appointment,
and the time when the commission will expire, entered in the
records of the office of the county clerk. When the applicant
appears before the county clerk, the applicant shall pay a fee
of $5, at which time the county clerk shall then deliver the
commission to the applicant.
If the appointment is completed by mail, the applicant
shall pay the county clerk a fee of $10.00, which shall be
submitted with the request to the county clerk. The county
clerk shall then record the appointment and send the commission
by mail to the applicant.
If an applicant does not respond to the notification by the
county clerk within 30 days, the county clerk shall again
notify the applicant that the county clerk has received the
applicant's notary public commission issued by the Secretary of
State. The second notice shall be in substantially the
following form:
"The records of this office indicate that you have not
picked up your notary public commission from the Office of
the County Clerk.
The Illinois Notary Public Law requires you to appear in
person in the clerk's office, record your commission, and
pay a fee of $5.00 to the county clerk or request that your
commission be mailed to you. This request must be
accompanied by a specimen of your signature and a $10.00
fee payable to the county clerk.
Your appointment as a notary is not complete until the
commission is recorded with the county clerk. Furthermore,
if you do not make arrangements with the clerk for
recording and delivery of your commission within 30 days
from the date of this letter, the county clerk will return
your commission to the Secretary of State. Your commission
will be cancelled and your name will be removed from the
list of notaries in the State of Illinois.
I should also like to remind you that any person who
attests to any document as a notary and is not a notary in
good standing with the Office of the Secretary of State is
guilty of official misconduct and may be subject to a fine
or imprisonment.".
The Secretary of State shall cancel the appointment of all
notaries whose commissions are returned to his office by the
county clerks. No application fee will be refunded and no
bonding company is required to issue a refund when an
appointment is cancelled.
(Source: P.A. 91-818, eff. 6-13-00; revised 9-16-16.)
Section 40. The Illinois Public Labor Relations Act is
amended by changing Sections 27 and 28 as follows:
(5 ILCS 315/27) (from Ch. 48, par. 1627)
Sec. 27. Except as provided in Section 18 of this Act
herein, the provisions of the Labor Dispute Act "An Act
relating to disputes concerning terms and conditions of
employment", approved June 19, 1925, as now or hereafter
amended, apply.
(Source: P.A. 83-1012; revised 9-16-16.)
(5 ILCS 315/28)
Sec. 28. Applicability of changes made by Public Act
97-1158 amendatory Act of the 97th General Assembly. Nothing in
Public Act 97-1158 this amendatory Act of the 97th General
Assembly applies to workers or consumers in the Home-Based Home
Based Support Services Program in the Department of Human
Services Division of Developmental Disabilities.
(Source: P.A. 97-1158, eff. 1-29-13; revised 9-16-16.)
Section 45. The State Employee Vacation Time Act is amended
by changing Section 1 as follows:
(5 ILCS 360/1) (from Ch. 127, par. 63b120.1)
Sec. 1. After the effective date of this Act, computation
of vacation time of former State employees re-entering State
service shall be determined as though all previous State
service which qualified for earning of vacation benefits is
continuous with present service.
For purposes of this Section, "State employee" means an
"employee" as that term is defined in Section 2 of the "State
Salary and Annuity Withholding Act".
(Source: P.A. 77-1823; revised 9-1-16.)
Section 50. The State Employee Prevailing Wage Act is
amended by changing Section 1 as follows:
(5 ILCS 370/1) (from Ch. 127, par. 391)
Sec. 1. Whenever any State officer, agency, or authority,
whether funded by State taxes or otherwise, employs an
individual in a capacity or position of such a character as
would be subject to rules or regulations of the Department of
Central Management Services requiring the payment of the
prevailing rate of wages to those holding such a position or
serving in such a capacity if that employment were subject to
the "Personnel Code", the State officer, agency, or authority
shall pay that individual at the prevailing rate,
notwithstanding the nonapplicability of the "Personnel Code".
(Source: P.A. 82-789; revised 9-16-16.)
Section 60. The Illinois Governmental Ethics Act is amended
by changing Section 3-202 as follows:
(5 ILCS 420/3-202) (from Ch. 127, par. 603-202)
Sec. 3-202. When a legislator must take official action on
a legislative matter as to which he has a conflict situation
created by a personal, family, or client legislative interest,
he should consider the possibility of eliminating the interest
creating the conflict situation. If that is not feasible, he
should consider the possibility of abstaining from such
official action. In making his decision as to abstention, the
following factors should be considered: ;
a. whether a substantial threat to his independence of
judgment has been created by the conflict situation;
b. the effect of his participation on public confidence
in the integrity of the legislature;
c. whether his participation is likely to have any
significant effect on the disposition of the matter;
d. the need for his particular contribution, such as
special knowledge of the subject matter, to the effective
functioning of the legislature.
He need not abstain if he decides to participate in a
manner contrary to the economic interest which creates the
conflict situation.
If he does abstain, he should disclose that fact to his
respective legislative body.
(Source: Laws 1967, p. 3401; revised 10-26-16.)
Section 65. The Flag Display Act is amended by changing
Section 10 as follows:
(5 ILCS 465/10)
Sec. 10. Death of resident military member, law enforcement
officer, firefighter, or members of EMS crews.
(a) The Governor shall issue an official notice to fly the
following flags at half-staff upon the death of a resident of
this State killed (i) by hostile fire as a member of the United
States armed forces, (ii) in the line of duty as a law
enforcement officer, (iii) in the line of duty as a
firefighter, or (iv) in the line of duty as a member of an
Emergency Medical Services (EMS) crew, ; or (v) during on duty
training for active military duty: the United States national
flag, the State flag of Illinois, and, in the case of the death
of the member of the United States armed forces, the
appropriate military flag as defined in subsection (b) of
Section 18.6 of the Condominium Property Act. Upon the
Governor's notice, each person or entity required by this Act
to ensure the display of the United States national flag on a
flagstaff shall ensure that the flags described in the notice
are displayed at half-staff on the day designated for the
resident's funeral and the 2 days preceding that day.
(b) The Department of Veterans' Affairs shall notify the
Governor of the death by hostile fire of an Illinois resident
member of the United States armed forces. The Department of
State Police shall notify the Governor of the death in the line
of duty of an Illinois resident law enforcement officer. The
Office of the State Fire Marshal shall notify the Governor of
the death in the line of duty of an Illinois resident
firefighter. The Department of Public Health shall notify the
Governor of the death in the line of duty of an Illinois
resident member of an Emergency Medical Services (EMS) crew.
Notice to the Governor shall include at least the resident's
name and Illinois address, the date designated for the funeral,
and the circumstances of the death.
(c) For the purpose of this Section, the United States
armed forces includes: (i) the United States Army, Navy, Marine
Corps, Air Force, and Coast Guard; (ii) any reserve component
of each of the forces listed in item (i); and (iii) the
National Guard.
(d) Nothing in this Section requires the removal or
relocation of any existing flags currently displayed in the
State. This Section does not apply to a State facility if the
requirements of this Section cannot be satisfied without a
physical modification to that facility.
(Source: P.A. 98-234, eff. 1-1-14; 99-372, eff. 1-1-16; revised
1-24-17.)
Section 70. The Election Code is amended by changing
Sections 3-6, 4-8.5, 5-8.5, 6-35.5, 7-8, 18A-5, 20-5, 20-13,
and 24A-15.1 as follows:
(10 ILCS 5/3-6)
Sec. 3-6. Voting age. Notwithstanding any other provision
of law, a person who is 17 years old on the date of a caucus,
general primary election, or consolidated primary election and
who is otherwise qualified to vote is qualified to vote at that
caucus, general primary, or consolidated primary, including
voting a vote by mail, grace period, or early voting ballot
with respect to that general primary or consolidated primary,
if that person will be 18 years old on the date of the
immediately following general election or consolidated
election for which candidates are nominated at that primary.
References in this Code and elsewhere to the requirement
that a person must be 18 years old to vote shall be interpreted
in accordance with this Section.
For the purposes of this Code Act, an individual who is 17
years of age and who will be 18 years of age on the date of the
general or consolidated election shall be deemed competent to
execute and attest to any voter registration forms. An
individual who is 17 years of age, will be 18 years of age on
the date of the immediately following general or consolidated
election, and is otherwise qualified to vote shall be deemed
eligible to circulate a nominating petition or a petition
proposing a public question.
(Source: P.A. 98-51, eff. 1-1-14; 98-1171, eff. 6-1-15; 99-722,
eff. 8-5-16; revised 10-25-16.)
(10 ILCS 5/4-8.5)
Sec. 4-8.5. Deputy registrar eligibility. Unless otherwise
provided by law, an individual who that is 17 years old or
older who is registered to vote in this State shall be eligible
to serve as a deputy registrar.
(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
(10 ILCS 5/5-8.5)
Sec. 5-8.5. Deputy registrar eligibility. Unless otherwise
provided by law, an individual who that is 17 years old or
older who is registered to vote in this State shall be eligible
to serve as a deputy registrar.
(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
(10 ILCS 5/6-35.5)
Sec. 6-35.5. Deputy registrar eligibility. Unless
otherwise provided by law, an individual who that is 17 years
old or older who is registered to vote in this State shall be
eligible to serve as a deputy registrar.
(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
Sec. 7-8. The State central committee shall be composed of
one or two members from each congressional district in the
State and shall be elected as follows:
State Central Committee
(a) Within 30 days after January 1, 1984 (the effective
date of Public Act 83-33), this amendatory Act of 1983 the
State central committee of each political party shall certify
to the State Board of Elections which of the following
alternatives it wishes to apply to the State central committee
of that party.
Alternative A. At the primary in 1970 and at the general
primary election held every 4 years thereafter, each primary
elector may vote for one candidate of his party for member of
the State central committee for the congressional district in
which he resides. The candidate receiving the highest number of
votes shall be declared elected State central committeeman from
the district. A political party may, in lieu of the foregoing,
by a majority vote of delegates at any State convention of such
party, determine to thereafter elect the State central
committeemen in the manner following:
At the county convention held by such political party,
State central committeemen shall be elected in the same manner
as provided in this Article for the election of officers of the
county central committee, and such election shall follow the
election of officers of the county central committee. Each
elected ward, township or precinct committeeman shall cast as
his vote one vote for each ballot voted in his ward, township,
part of a township or precinct in the last preceding primary
election of his political party. In the case of a county lying
partially within one congressional district and partially
within another congressional district, each ward, township or
precinct committeeman shall vote only with respect to the
congressional district in which his ward, township, part of a
township or precinct is located. In the case of a congressional
district which encompasses more than one county, each ward,
township or precinct committeeman residing within the
congressional district shall cast as his vote one vote for each
ballot voted in his ward, township, part of a township or
precinct in the last preceding primary election of his
political party for one candidate of his party for member of
the State central committee for the congressional district in
which he resides and the Chairman of the county central
committee shall report the results of the election to the State
Board of Elections. The State Board of Elections shall certify
the candidate receiving the highest number of votes elected
State central committeeman for that congressional district.
The State central committee shall adopt rules to provide
for and govern the procedures to be followed in the election of
members of the State central committee.
After August 6, 1999 (the effective date of Public Act
91-426) this amendatory Act of the 91st General Assembly,
whenever a vacancy occurs in the office of Chairman of a State
central committee, or at the end of the term of office of
Chairman, the State central committee of each political party
that has selected Alternative A shall elect a Chairman who
shall not be required to be a member of the State Central
Committee. The Chairman shall be a registered voter in this
State and of the same political party as the State central
committee.
Alternative B. Each congressional committee shall, within
30 days after the adoption of this alternative, appoint a
person of the sex opposite that of the incumbent member for
that congressional district to serve as an additional member of
the State central committee until his or her successor is
elected at the general primary election in 1986. Each
congressional committee shall make this appointment by voting
on the basis set forth in paragraph (e) of this Section. In
each congressional district at the general primary election
held in 1986 and every 4 years thereafter, the male candidate
receiving the highest number of votes of the party's male
candidates for State central committeeman, and the female
candidate receiving the highest number of votes of the party's
female candidates for State central committeewoman, shall be
declared elected State central committeeman and State central
committeewoman from the district. At the general primary
election held in 1986 and every 4 years thereafter, if all a
party's candidates for State central committeemen or State
central committeewomen from a congressional district are of the
same sex, the candidate receiving the highest number of votes
shall be declared elected a State central committeeman or State
central committeewoman from the district, and, because of a
failure to elect one male and one female to the committee, a
vacancy shall be declared to exist in the office of the second
member of the State central committee from the district. This
vacancy shall be filled by appointment by the congressional
committee of the political party, and the person appointed to
fill the vacancy shall be a resident of the congressional
district and of the sex opposite that of the committeeman or
committeewoman elected at the general primary election. Each
congressional committee shall make this appointment by voting
on the basis set forth in paragraph (e) of this Section.
The Chairman of a State central committee composed as
provided in this Alternative B must be selected from the
committee's members.
Except as provided for in Alternative A with respect to the
selection of the Chairman of the State central committee, under
both of the foregoing alternatives, the State central committee
of each political party shall be composed of members elected or
appointed from the several congressional districts of the
State, and of no other person or persons whomsoever. The
members of the State central committee shall, within 41 days
after each quadrennial election of the full committee, meet in
the city of Springfield and organize by electing a chairman,
and may at such time elect such officers from among their own
number (or otherwise), as they may deem necessary or expedient.
The outgoing chairman of the State central committee of the
party shall, 10 days before the meeting, notify each member of
the State central committee elected at the primary of the time
and place of such meeting. In the organization and proceedings
of the State central committee, each State central committeeman
and State central committeewoman shall have one vote for each
ballot voted in his or her congressional district by the
primary electors of his or her party at the primary election
immediately preceding the meeting of the State central
committee. Whenever a vacancy occurs in the State central
committee of any political party, the vacancy shall be filled
by appointment of the chairmen of the county central committees
of the political party of the counties located within the
congressional district in which the vacancy occurs and, if
applicable, the ward and township committeemen of the political
party in counties of 2,000,000 or more inhabitants located
within the congressional district. If the congressional
district in which the vacancy occurs lies wholly within a
county of 2,000,000 or more inhabitants, the ward and township
committeemen of the political party in that congressional
district shall vote to fill the vacancy. In voting to fill the
vacancy, each chairman of a county central committee and each
ward and township committeeman in counties of 2,000,000 or more
inhabitants shall have one vote for each ballot voted in each
precinct of the congressional district in which the vacancy
exists of his or her county, township, or ward cast by the
primary electors of his or her party at the primary election
immediately preceding the meeting to fill the vacancy in the
State central committee. The person appointed to fill the
vacancy shall be a resident of the congressional district in
which the vacancy occurs, shall be a qualified voter, and, in a
committee composed as provided in Alternative B, shall be of
the same sex as his or her predecessor. A political party may,
by a majority vote of the delegates of any State convention of
such party, determine to return to the election of State
central committeeman and State central committeewoman by the
vote of primary electors. Any action taken by a political party
at a State convention in accordance with this Section shall be
reported to the State Board of Elections by the chairman and
secretary of such convention within 10 days after such action.
Ward, Township and Precinct Committeemen
(b) At the primary in 1972 and at the general primary
election every 4 years thereafter, each primary elector in
cities having a population of 200,000 or over may vote for one
candidate of his party in his ward for ward committeeman. Each
candidate for ward committeeman must be a resident of and in
the ward where he seeks to be elected ward committeeman. The
one having the highest number of votes shall be such ward
committeeman of such party for such ward. At the primary
election in 1970 and at the general primary election every 4
years thereafter, each primary elector in counties containing a
population of 2,000,000 or more, outside of cities containing a
population of 200,000 or more, may vote for one candidate of
his party for township committeeman. Each candidate for
township committeeman must be a resident of and in the township
or part of a township (which lies outside of a city having a
population of 200,000 or more, in counties containing a
population of 2,000,000 or more), and in which township or part
of a township he seeks to be elected township committeeman. The
one having the highest number of votes shall be such township
committeeman of such party for such township or part of a
township. At the primary in 1970 and at the general primary
election every 2 years thereafter, each primary elector, except
in counties having a population of 2,000,000 or over, may vote
for one candidate of his party in his precinct for precinct
committeeman. Each candidate for precinct committeeman must be
a bona fide resident of the precinct where he seeks to be
elected precinct committeeman. The one having the highest
number of votes shall be such precinct committeeman of such
party for such precinct. The official returns of the primary
shall show the name of the committeeman of each political
party.
Terms of Committeemen. All precinct committeemen elected
under the provisions of this Article shall continue as such
committeemen until the date of the primary to be held in the
second year after their election. Except as otherwise provided
in this Section for certain State central committeemen who have
2 year terms, all State central committeemen, township
committeemen and ward committeemen shall continue as such
committeemen until the date of primary to be held in the fourth
year after their election. However, a vacancy exists in the
office of precinct committeeman when a precinct committeeman
ceases to reside in the precinct in which he was elected and
such precinct committeeman shall thereafter neither have nor
exercise any rights, powers or duties as committeeman in that
precinct, even if a successor has not been elected or
appointed.
(c) The Multi-Township Central Committee shall consist of
the precinct committeemen of such party, in the multi-township
assessing district formed pursuant to Section 2-10 of the
Property Tax Code and shall be organized for the purposes set
forth in Section 45-25 of the Township Code. In the
organization and proceedings of the Multi-Township Central
Committee each precinct committeeman shall have one vote for
each ballot voted in his precinct by the primary electors of
his party at the primary at which he was elected.
County Central Committee
(d) The county central committee of each political party in
each county shall consist of the various township committeemen,
precinct committeemen and ward committeemen, if any, of such
party in the county. In the organization and proceedings of the
county central committee, each precinct committeeman shall
have one vote for each ballot voted in his precinct by the
primary electors of his party at the primary at which he was
elected; each township committeeman shall have one vote for
each ballot voted in his township or part of a township as the
case may be by the primary electors of his party at the primary
election for the nomination of candidates for election to the
General Assembly immediately preceding the meeting of the
county central committee; and in the organization and
proceedings of the county central committee, each ward
committeeman shall have one vote for each ballot voted in his
ward by the primary electors of his party at the primary
election for the nomination of candidates for election to the
General Assembly immediately preceding the meeting of the
county central committee.
Cook County Board of Review Election District Committee
(d-1) Each board of review election district committee of
each political party in Cook County shall consist of the
various township committeemen and ward committeemen, if any, of
that party in the portions of the county composing the board of
review election district. In the organization and proceedings
of each of the 3 election district committees, each township
committeeman shall have one vote for each ballot voted in his
or her township or part of a township, as the case may be, by
the primary electors of his or her party at the primary
election immediately preceding the meeting of the board of
review election district committee; and in the organization and
proceedings of each of the 3 election district committees, each
ward committeeman shall have one vote for each ballot voted in
his or her ward or part of that ward, as the case may be, by the
primary electors of his or her party at the primary election
immediately preceding the meeting of the board of review
election district committee.
Congressional Committee
(e) The congressional committee of each party in each
congressional district shall be composed of the chairmen of the
county central committees of the counties composing the
congressional district, except that in congressional districts
wholly within the territorial limits of one county, the
precinct committeemen, township committeemen and ward
committeemen, if any, of the party representing the precincts
within the limits of the congressional district, shall compose
the congressional committee. A State central committeeman in
each district shall be a member and the chairman or, when a
district has 2 State central committeemen, a co-chairman of the
congressional committee, but shall not have the right to vote
except in case of a tie.
In the organization and proceedings of congressional
committees composed of precinct committeemen or township
committeemen or ward committeemen, or any combination thereof,
each precinct committeeman shall have one vote for each ballot
voted in his precinct by the primary electors of his party at
the primary at which he was elected, each township committeeman
shall have one vote for each ballot voted in his township or
part of a township as the case may be by the primary electors
of his party at the primary election immediately preceding the
meeting of the congressional committee, and each ward
committeeman shall have one vote for each ballot voted in each
precinct of his ward located in such congressional district by
the primary electors of his party at the primary election
immediately preceding the meeting of the congressional
committee; and in the organization and proceedings of
congressional committees composed of the chairmen of the county
central committees of the counties within such district, each
chairman of such county central committee shall have one vote
for each ballot voted in his county by the primary electors of
his party at the primary election immediately preceding the
meeting of the congressional committee.
Judicial District Committee
(f) The judicial district committee of each political party
in each judicial district shall be composed of the chairman of
the county central committees of the counties composing the
judicial district.
In the organization and proceedings of judicial district
committees composed of the chairmen of the county central
committees of the counties within such district, each chairman
of such county central committee shall have one vote for each
ballot voted in his county by the primary electors of his party
at the primary election immediately preceding the meeting of
the judicial district committee.
Circuit Court Committee
(g) The circuit court committee of each political party in
each judicial circuit outside Cook County shall be composed of
the chairmen of the county central committees of the counties
composing the judicial circuit.
In the organization and proceedings of circuit court
committees, each chairman of a county central committee shall
have one vote for each ballot voted in his county by the
primary electors of his party at the primary election
immediately preceding the meeting of the circuit court
committee.
Judicial Subcircuit Committee
(g-1) The judicial subcircuit committee of each political
party in each judicial subcircuit in a judicial circuit divided
into subcircuits shall be composed of (i) the ward and township
committeemen of the townships and wards composing the judicial
subcircuit in Cook County and (ii) the precinct committeemen of
the precincts composing the judicial subcircuit in any county
other than Cook County.
In the organization and proceedings of each judicial
subcircuit committee, each township committeeman shall have
one vote for each ballot voted in his township or part of a
township, as the case may be, in the judicial subcircuit by the
primary electors of his party at the primary election
immediately preceding the meeting of the judicial subcircuit
committee; each precinct committeeman shall have one vote for
each ballot voted in his precinct or part of a precinct, as the
case may be, in the judicial subcircuit by the primary electors
of his party at the primary election immediately preceding the
meeting of the judicial subcircuit committee; and each ward
committeeman shall have one vote for each ballot voted in his
ward or part of a ward, as the case may be, in the judicial
subcircuit by the primary electors of his party at the primary
election immediately preceding the meeting of the judicial
subcircuit committee.
Municipal Central Committee
(h) The municipal central committee of each political party
shall be composed of the precinct, township or ward
committeemen, as the case may be, of such party representing
the precincts or wards, embraced in such city, incorporated
town or village. The voting strength of each precinct, township
or ward committeeman on the municipal central committee shall
be the same as his voting strength on the county central
committee.
For political parties, other than a statewide political
party, established only within a municipality or township, the
municipal or township managing committee shall be composed of
the party officers of the local established party. The party
officers of a local established party shall be as follows: the
chairman and secretary of the caucus for those municipalities
and townships authorized by statute to nominate candidates by
caucus shall serve as party officers for the purpose of filling
vacancies in nomination under Section 7-61; for municipalities
and townships authorized by statute or ordinance to nominate
candidates by petition and primary election, the party officers
shall be the party's candidates who are nominated at the
primary. If no party primary was held because of the provisions
of Section 7-5, vacancies in nomination shall be filled by the
party's remaining candidates who shall serve as the party's
officers.
Powers
(i) Each committee and its officers shall have the powers
usually exercised by such committees and by the officers
thereof, not inconsistent with the provisions of this Article.
The several committees herein provided for shall not have power
to delegate any of their powers, or functions to any other
person, officer or committee, but this shall not be construed
to prevent a committee from appointing from its own membership
proper and necessary subcommittees.
(j) The State central committee of a political party which
elects its it members by Alternative B under paragraph (a) of
this Section shall adopt a plan to give effect to the delegate
selection rules of the national political party and file a copy
of such plan with the State Board of Elections when approved by
a national political party.
(k) For the purpose of the designation of a proxy by a
Congressional Committee to vote in place of an absent State
central committeeman or committeewoman at meetings of the State
central committee of a political party which elects its members
by Alternative B under paragraph (a) of this Section, the proxy
shall be appointed by the vote of the ward and township
committeemen, if any, of the wards and townships which lie
entirely or partially within the Congressional District from
which the absent State central committeeman or committeewoman
was elected and the vote of the chairmen of the county central
committees of those counties which lie entirely or partially
within that Congressional District and in which there are no
ward or township committeemen. When voting for such proxy, the
county chairman, ward committeeman or township committeeman,
as the case may be, shall have one vote for each ballot voted
in his county, ward or township, or portion thereof within the
Congressional District, by the primary electors of his party at
the primary at which he was elected. However, the absent State
central committeeman or committeewoman may designate a proxy
when permitted by the rules of a political party which elects
its members by Alternative B under paragraph (a) of this
Section.
Notwithstanding any law to the contrary, a person is
ineligible to hold the position of committeeperson in any
committee established pursuant to this Section if he or she is
statutorily ineligible to vote in a general election because of
conviction of a felony. When a committeeperson is convicted of
a felony, the position occupied by that committeeperson shall
automatically become vacant.
(Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699,
eff. 11-9-07; revised 9-6-16.)
(10 ILCS 5/18A-5)
Sec. 18A-5. Provisional voting; general provisions.
(a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
(1) The person's name does not appear on the official
list of eligible voters for the precinct in which the
person seeks to vote and the person has refused an
opportunity to register at the polling location or another
grace period registration site. The official list is the
centralized statewide voter registration list established
and maintained in accordance with Section 1A-25;
(2) The person's voting status has been challenged by
an election judge, a pollwatcher, or any legal voter and
that challenge has been sustained by a majority of the
election judges;
(3) A federal or State court order extends the time for
closing the polls beyond the time period established by
State law and the person votes during the extended time
period;
(4) The voter registered to vote by mail and is
required by law to present identification when voting
either in person or by early voting ballot, but fails to do
so;
(5) The voter's name appears on the list of voters who
voted during the early voting period, but the voter claims
not to have voted during the early voting period; or
(6) The voter received a vote by mail ballot but did
not return the vote by mail ballot to the election
authority; or
(7) The voter attempted to register to vote on election
day, but failed to provide the necessary documentation.
(b) The procedure for obtaining and casting a provisional
ballot at the polling place shall be as follows:
(1) After first verifying through an examination of the
precinct register that the person's address is within the
precinct boundaries, an election judge at the polling place
shall notify a person who is entitled to cast a provisional
ballot pursuant to subsection (a) that he or she may cast a
provisional ballot in that election. An election judge must
accept any information provided by a person who casts a
provisional ballot that the person believes supports his or
her claim that he or she is a duly registered voter and
qualified to vote in the election. However, if the person's
residence address is outside the precinct boundaries, the
election judge shall inform the person of that fact, give
the person the appropriate telephone number of the election
authority in order to locate the polling place assigned to
serve that address, and instruct the person to go to the
proper polling place to vote.
(2) The person shall execute a written form provided by
the election judge that shall state or contain all of the
following that is available:
(i) an affidavit stating the following:
State of Illinois, County of ................,
Township ............., Precinct ........, Ward
........, I, ......................., do solemnly
swear (or affirm) that: I am a citizen of the
United States; I am 18 years of age or older; I
have resided in this State and in this precinct for
30 days preceding this election; I have not voted
in this election; I am a duly registered voter in
every respect; and I am eligible to vote in this
election. Signature ...... Printed Name of Voter
....... Printed Residence Address of Voter ......
City ...... State .... Zip Code ..... Telephone
Number ...... Date of Birth ....... and Illinois
Driver's License Number ....... or Last 4 digits of
Social Security Number ...... or State
Identification Card Number issued to you by the
Illinois Secretary of State ........
(ii) A box for the election judge to check one of
the 6 reasons why the person was given a provisional
ballot under subsection (a) of this Section 18A-5.
(iii) An area for the election judge to affix his
or her signature and to set forth any facts that
support or oppose the allegation that the person is not
qualified to vote in the precinct in which the person
is seeking to vote.
The written affidavit form described in this
subsection (b)(2) must be printed on a multi-part form
prescribed by the county clerk or board of election
commissioners, as the case may be.
(3) After the person executes the portion of the
written affidavit described in subsection (b)(2)(i) of
this Section, the election judge shall complete the portion
of the written affidavit described in subsection
(b)(2)(iii) and (b)(2)(iv).
(4) The election judge shall give a copy of the
completed written affidavit to the person. The election
judge shall place the original written affidavit in a
self-adhesive clear plastic packing list envelope that
must be attached to a separate envelope marked as a
"provisional ballot envelope". The election judge shall
also place any information provided by the person who casts
a provisional ballot in the clear plastic packing list
envelope. Each county clerk or board of election
commissioners, as the case may be, must design, obtain or
procure self-adhesive clear plastic packing list envelopes
and provisional ballot envelopes that are suitable for
implementing this subsection (b)(4) of this Section.
(5) The election judge shall provide the person with a
provisional ballot, written instructions for casting a
provisional ballot, and the provisional ballot envelope
with the clear plastic packing list envelope affixed to it,
which contains the person's original written affidavit
and, if any, information provided by the provisional voter
to support his or her claim that he or she is a duly
registered voter. An election judge must also give the
person written information that states that any person who
casts a provisional ballot shall be able to ascertain,
pursuant to guidelines established by the State Board of
Elections, whether the provisional vote was counted in the
official canvass of votes for that election and, if the
provisional vote was not counted, the reason that the vote
was not counted.
(6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked ballot
inside of the provisional ballot envelope, close and seal
the envelope, and return the envelope to an election judge,
who shall then deposit the sealed provisional ballot
envelope into a securable container separately identified
and utilized for containing sealed provisional ballot
envelopes. Ballots that are provisional because they are
cast after 7:00 p.m. by court order shall be kept separate
from other provisional ballots. Upon the closing of the
polls, the securable container shall be sealed with
filament tape provided for that purpose, which shall be
wrapped around the box lengthwise and crosswise, at least
twice each way, and each of the election judges shall sign
the seal.
(c) Instead of the affidavit form described in subsection
(b), the county clerk or board of election commissioners, as
the case may be, may design and use a multi-part affidavit form
that is imprinted upon or attached to the provisional ballot
envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its
own multi-part affidavit form, then the county clerk or board
of election commissioners shall establish a mechanism for
accepting any information the provisional voter has supplied to
the election judge to support his or her claim that he or she
is a duly registered voter. In all other respects, a county
clerk or board of election commissioners shall establish
procedures consistent with subsection (b).
(d) The county clerk or board of election commissioners, as
the case may be, shall use the completed affidavit form
described in subsection (b) to update the person's voter
registration information in the State voter registration
database and voter registration database of the county clerk or
board of election commissioners, as the case may be. If a
person is later determined not to be a registered voter based
on Section 18A-15 of this Code, then the affidavit shall be
processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration
application.
(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14;
98-1171, eff. 6-1-15; revised 9-2-16.)
(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
Sec. 20-5. The election authority shall fold the ballot or
ballots in the manner specified by the statute for folding
ballots prior to their deposit in the ballot box and shall
enclose such ballot in an envelope unsealed to be furnished by
it, which envelope shall bear upon the face thereof the name,
official title and post office address of the election
authority, and upon the other side of such envelope there shall
be printed a certification in substantially the following form:
"CERTIFICATION
I state that I am a resident/former resident of the .......
precinct of the city/village/township of ............,
(Designation to be made by Election Authority) or of the ....
ward in the city of ........... (Designation to be made by
Election Authority) residing at ................ in said
city/village/township in the county of ........... and State of
Illinois; that I am a
1. ( ) member of the United States Service
2. ( ) citizen of the United States temporarily residing
outside the territorial limits of the United States
3. ( ) nonresident civilian citizen
and desire to cast the enclosed ballot pursuant to Article 20
of the The Election Code; that I am lawfully entitled to vote
in such precinct at the ........... election to be held on
............
I further state that I marked the enclosed ballot in
secret.
Under penalties as provided by law pursuant to Article 29
of the The Election Code, the undersigned certifies that the
statements set forth in this certification are true and
correct.
...............(Name)
.....................
(Service Address)
"
.....................
.....................
.....................
"
If the ballot enclosed is to be voted at a primary
election, the certification shall designate the name of the
political party with which the voter is affiliated.
In addition to the above, the election authority shall
provide printed slips giving full instructions regarding the
manner of completing the forms and affidavits for registration
by mail or the manner of marking and returning the ballot in
order that the same may be counted, and shall furnish one of
the printed slips to each of the applicants at the same time
the registration materials or ballot is delivered to him.
In addition to the above, if a ballot to be provided to an
elector pursuant to this Section contains a public question
described in subsection (b) of Section 28-6 and the territory
concerning which the question is to be submitted is not
described on the ballot due to the space limitations of such
ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a
description of the territory in the manner required by Section
16-7. The notice shall be furnished to the elector at the same
time the ballot is delivered to the elector.
The envelope in which such registration or such ballot is
mailed to the voter as well as the envelope in which the
registration materials or the ballot is returned by the voter
shall have printed across the face thereof two parallel
horizontal red bars, each one-quarter inch wide, extending from
one side of the envelope to the other side, with an intervening
space of one-quarter inch, the top bar to be one and
one-quarter inches from the top of the envelope, and with the
words "Official Election Balloting Material-VIA AIR MAIL"
between the bars. In the upper right corner of such envelope in
a box, there shall be printed the words: "U.S. Postage Paid 42
USC 1973". All printing on the face of such envelopes shall be
in red, including an appropriate inscription or blank in the
upper left corner of return address of sender.
The envelope in which the ballot is returned to the
election authority may be delivered (i) by mail, postage paid,
(ii) in person, by the spouse, parent, child, brother, or
sister of the voter, or (iii) by a company engaged in the
business of making deliveries of property and licensed as a
motor carrier of property by the Illinois Commerce Commission
under the Illinois Commercial Transportation Law.
Election authorities transmitting ballots by facsimile or
electronic transmission shall, to the extent possible, provide
those applicants with the same instructions, certification,
and other materials required when sending by mail.
(Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
(10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
Sec. 20-13. If otherwise qualified to vote, any person not
covered by Section Sections 20-2, 20-2.1, or 20-2.2 of this
Article who is not registered to vote and who is temporarily
absent from his county of residence, may make special
application to the election authority having jurisdiction over
his precinct of permanent residence, not less than 5 days
before a presidential election, for a vote by mail ballot to
vote for the president and vice-president only. Such
application shall be furnished by the election authority and
shall be in substantially the following form:
SPECIAL VOTE BY MAIL BALLOT APPLICATION (For use by
non-registered Illinois residents temporarily absent from the
county to vote for the president and vice-president only)
AFFIDAVIT
1. I hereby request a vote by mail ballot to vote for the
president and vice-president only ......... (insert date of
general election)
2. I am a citizen of the United States and a permanent
resident of Illinois.
3. I have maintained, and still maintain, a permanent abode
in Illinois for the past .......... years at: ..........
(House) .......... (Number) .......... (Street) ..........
(City) .......... (Village) .......... (Town)
4. I will not be able to regularly register in person as a
voter because .................... (Give reason for temporary
absence such as "Student", "Temporary job transfer", etc.)
5. I was born .......... (Month) .......... (Day)
.......... (Year) in .................... (State or County);
6. To be filled in only by a person who is foreign-born (If
answer is "yes" in either a. or b. below, fill in appropriate
information in c.):
a. One or both of my parents were United States citizens at
the time of my birth?
(
) YES ( ) NO )
b. My United States citizenship was derived through an act
of the Congress of the United States?
(
) YES ( ) NO
c. The name of the court issuing papers and the date
thereof upon which my United States citizenship was derived is
.................... located in .......... (City) ..........
(State) on .......... (Month) .......... (Day) ..........
(Year)
(For persons who derived citizenship through papers issued
through a parent or spouse, fill in the following)
(1) My parents or spouse's name is:
......... (First) .......... (Middle) .......... (Last)
(2) ........ (Month) .......... (Day) .......... (Year)
is the date of my marriage or my age at which time I
derived my citizenship.
7. I am not registered as a voter in any other county in
the State of Illinois or in any other State.
8. I am not requesting a ballot from any other place and am
not voting in any other manner in this election and I have not
voted and do not intend to vote in this election at any other
address. I request that you mail my ballot to the following
address:
(Print name and complete mailing address)
.........................................
.........................................
.........................................
9. Under penalties as provided by law pursuant to Article
29 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
......................
Signature of Applicant
The procedures set forth in Sections 20-4 through 20-12 of
this Article, insofar as they may be made applicable, shall be
applicable to vote by mail voting under this Section.
(Source: P.A. 98-1171, eff. 6-1-15; revised 9-6-16.)
(10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
Sec. 24A-15.1. Except as herein provided, discovery
recounts and election contests shall be conducted as otherwise
provided for in this "The Election Code", as amended. The
automatic tabulating equipment shall be tested prior to the
discovery recount or election contest as provided in Section
24A-9, and then the official ballots or ballot cards shall be
recounted on the automatic tabulating equipment. In addition,
(1) the ballot or ballot cards shall be checked for the
presence or absence of judges' initials and other
distinguishing marks, and (2) the ballots marked "Rejected",
"Defective", "Objected to", "Vote by Mail Ballot", and "Early
Ballot" shall be examined to determine the propriety of the
labels, and (3) the "Duplicate Vote by Mail Ballots",
"Duplicate Early Ballots", "Duplicate Overvoted Ballots", and
"Duplicate Damaged Ballots" shall be compared with their
respective originals to determine the correctness of the
duplicates.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.
The additional costs of such a redundant count shall be borne
by the requesting party.
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
election contest.
(Source: P.A. 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15;
revised 9-2-16.)
Section 75. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section
50-15 as follows:
(15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
Sec. 50-15. Department accountability reports.
(a) Beginning in the fiscal year which begins July 1, 1992,
each department of State government as listed in Section 5-15
of the Departments of State Government Law (20 ILCS 5/5-15)
shall submit an annual accountability report to the Bureau of
the Budget (now Governor's Office of Management and Budget) at
times designated by the Director of the Bureau of the Budget
(now Governor's Office of Management and Budget). Each
accountability report shall be designed to assist the Bureau
(now Office) in its duties under Sections 2.2 and 2.3 of the
Governor's Office of Management and Budget Act and shall
measure the department's performance based on criteria, goals,
and objectives established by the department with the oversight
and assistance of the Bureau (now Office). Each department
shall also submit interim progress reports at times designated
by the Director of the Bureau (now Office).
(b) (Blank).
(c) The Director of the Bureau (now Office) shall select
not more than 3 departments for a pilot program implementing
the procedures of subsection (a) for budget requests for the
fiscal years beginning July 1, 1990 and July 1, 1991, and each
of the departments elected shall submit accountability reports
for those fiscal years.
By April 1, 1991, the Bureau (now Office) shall recommend
in writing to the Governor any changes in the budget review
process established pursuant to this Section suggested by its
evaluation of the pilot program. The Governor shall submit
changes to the budget review process that the Governor plans to
adopt, based on the report, to the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
(Source: P.A. 94-793, eff. 5-19-06; revised 9-19-16.)
Section 80. The Secretary of State Act is amended by
changing Section 6 as follows:
(15 ILCS 305/6) (from Ch. 124, par. 6)
Sec. 6. The Secretary of State shall keep a current file,
in alphabetical order, of every sanitary district in the State.
Whenever an ordinance for a name change is passed pursuant to
Section 4.1 of the "Sanitary District Act of 1917, as now or
hereafter amended, he shall make the certification required by
that Section.
(Source: P.A. 80-424; revised 9-19-16.)
Section 85. The Illinois Identification Card Act is amended
by changing Sections 1A, 5, and 12 as follows:
(15 ILCS 335/1A)
Sec. 1A. Definitions. As used in this Act:
"Highly restricted personal information" means an
individual's photograph, signature, social security number,
and medical or disability information.
"Identification card making implement" means any material,
hardware, or software that is specifically designed for or
primarily used in the manufacture, assembly, issuance, or
authentication of an official identification card issued by the
Secretary of State.
"Fraudulent identification card" means any identification
card that purports to be an official identification card for
which a computerized number and file have not been created by
the Secretary of State, the United States Government or any
state or political subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this Act,
any identification card that resembles an official
identification card in either size, color, photograph
location, or design or uses the word "official", "state",
"Illinois", or the name of any other state or political
subdivision thereof, or any governmental or quasi-governmental
organization individually or in any combination thereof to
describe or modify the term "identification card" or "I.D.
card" anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the card,
is deemed to be a fraudulent identification card unless the
words "This is not an official Identification Card", appear
prominently upon it in black colored lettering in 12-point 12
point type on the photograph side of the card, and no such card
shall be smaller in size than 3 inches by 4 inches, and the
photograph shall be on the left side of the card only.
"Legal name" means the full given name and surname of an
individual as recorded at birth, recorded at marriage, or
deemed as the correct legal name for use in reporting income by
the Social Security Administration or the name as otherwise
established through legal action that appears on the associated
official document presented to the Secretary of State.
"Personally identifying information" means information
that identifies an individual, including his or her
identification card number, name, address (but not the 5-digit
zip code), and telephone number.
"Homeless person" or "homeless individual" has the same
meaning as defined by the federal McKinney-Vento Homeless
Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).
"Youth for whom the Department of Children and Family
Services is legally responsible for" or "foster "Foster child"
means a child or youth whose guardianship or custody has been
accepted by the Department of Children and Family Services
pursuant to the Juvenile Court Act of 1987, the Children and
Family Services Act, the Abused and Neglected Child Reporting
Act, and the Adoption Act. This applies to children for whom
the Department of Children and Family Services has temporary
protective custody, custody or guardianship via court order, or
children whose parents have signed an adoptive surrender or
voluntary placement agreement with the Department.
(Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)
(15 ILCS 335/5) (from Ch. 124, par. 25)
Sec. 5. Applications.
(a) Any natural person who is a resident of the State of
Illinois may file an application for an identification card, or
for the renewal thereof, in a manner prescribed by the
Secretary. Each original application shall be completed by the
applicant in full and shall set forth the legal name, residence
address and zip code, social security number, birth date, sex
and a brief description of the applicant. The applicant shall
be photographed, unless the Secretary of State has provided by
rule for the issuance of identification cards without
photographs and the applicant is deemed eligible for an
identification card without a photograph under the terms and
conditions imposed by the Secretary of State, and he or she
shall also submit any other information as the Secretary may
deem necessary or such documentation as the Secretary may
require to determine the identity of the applicant. In addition
to the residence address, the Secretary may allow the applicant
to provide a mailing address. If the applicant is a judicial
officer as defined in Section 1-10 of the Judicial Privacy Act
or a peace officer, the applicant may elect to have his or her
office or work address in lieu of the applicant's residence or
mailing address. An applicant for an Illinois Person with a
Disability Identification Card must also submit with each
original or renewal application, on forms prescribed by the
Secretary, such documentation as the Secretary may require,
establishing that the applicant is a "person with a disability"
as defined in Section 4A of this Act, and setting forth the
applicant's type and class of disability as set forth in
Section 4A of this Act. For the purposes of this subsection
(a), "peace officer" means any person who by virtue of his or
her office or public employment is vested by law with a duty to
maintain public order or to make arrests for a violation of any
penal statute of this State, whether that duty extends to all
violations or is limited to specific violations.
(b) Beginning on or before July 1, 2015, for each original
or renewal identification card application under this Act, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing an identification card with a
veteran designation under subsection (c-5) of Section 4 of this
Act. The acceptable forms of proof shall include, but are not
limited to, Department of Defense form DD-214. The Illinois
Department of Veterans' Affairs shall advise the Secretary as
to what other forms of proof of a person's status as a veteran
are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the identification card.
For purposes of this subsection (b):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit.
"Veteran" means a person who has served in the armed forces
and was discharged or separated under honorable conditions.
(c) Beginning July 1, 2017, all applicants for standard
Illinois Identification Cards and Illinois Person with a
Disability Identification Cards shall provide proof of lawful
status in the United States as defined in 6 CFR 37.3, as
amended. Applicants who are unable to provide the Secretary
with proof of lawful status are ineligible for identification
cards under this Act.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
99-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)
(15 ILCS 335/12) (from Ch. 124, par. 32)
(Text of Section before amendment by P.A. 99-907)
Sec. 12. Fees concerning standard Standard Illinois
Identification Cards. The fees required under this Act for
standard Illinois Identification Cards must accompany any
application provided for in this Act, and the Secretary shall
collect such fees as follows:
a. Original card...............................$20
b. Renewal card................................20
c. Corrected card..............................10
d. Duplicate card..............................20
e. Certified copy with seal ...................5
f. Search .....................................2
g. Applicant 65 years of age or over ..........No Fee
h. (Blank) ....................................
i. Individual living in Veterans
Home or Hospital ...........................No Fee
j. Original card under 18 years of age..........$10
k. Renewal card under 18 years of age...........$10
l. Corrected card under 18 years of age.........$5
m. Duplicate card under 18 years of age.........$10
n. Homeless person..............................No Fee
o. Duplicate card issued to an active-duty
member of the United States Armed Forces, the
member's spouse, or dependent children
living with the member......................No Fee
p. Duplicate temporary card.....................$5
q. p. First card issued to a youth
for whom the Department of Children
and Family Services is legally responsible
for or a foster child upon turning the age of
16 years old until he or she reaches
they reach the age of 21 years old.......... No Fee
All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
An individual, who resides in a veterans home or veterans
hospital operated by the State state or federal government, who
makes an application for an Illinois Identification Card to be
issued at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State state or federal
government.
The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible for or a foster child to be
issued at no fee, the youth must submit, along with the
application, an affirmation by his or her court appointed
attorney or an employee of the Department of Children and
Family Services on a form provided by the Secretary of State,
that the person is a youth for whom the Department of Children
and Family Services is legally responsible for or a foster
child.
The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
revised 9-21-16.)
(Text of Section after amendment by P.A. 99-907)
Sec. 12. Fees concerning standard Standard Illinois
Identification Cards. The fees required under this Act for
standard Illinois Identification Cards must accompany any
application provided for in this Act, and the Secretary shall
collect such fees as follows:
a. Original card...............................$20
b. Renewal card................................20
c. Corrected card..............................10
d. Duplicate card..............................20
e. Certified copy with seal ...................5
f. Search .....................................2
g. Applicant 65 years of age or over ..........No Fee
h. (Blank) ....................................
i. Individual living in Veterans
Home or Hospital ...........................No Fee
j. Original card under 18 years of age..........$10
k. Renewal card under 18 years of age...........$10
l. Corrected card under 18 years of age.........$5
m. Duplicate card under 18 years of age.........$10
n. Homeless person..............................No Fee
o. Duplicate card issued to an active-duty
member of the United States Armed Forces, the
member's spouse, or dependent children
living with the member......................No Fee
p. Duplicate temporary card.....................$5
q. p. First card issued to a youth
for whom the Department of Children
and Family Services is legally responsible
for or a foster child upon turning the age of
16 years old until he or she reaches
they reach the age of 21 years old.......... No Fee
r. p. Original card issued to a committed
person upon release on parole,
mandatory supervised release,
aftercare release, final
discharge, or pardon from the
Department of Corrections or
Department of Juvenile Justice..............No Fee
s. q. Limited-term Illinois Identification
Card issued to a committed person
upon release on parole, mandatory
supervised release, aftercare
release, final discharge, or pardon
from the Department of
Corrections or Department of
Juvenile Justice............................No Fee
All fees collected under this Act shall be paid into the
Road Fund of the State treasury, except that the following
amounts shall be paid into the General Revenue Fund: (i) 80% of
the fee for an original, renewal, or duplicate Illinois
Identification Card issued on or after January 1, 2005; and
(ii) 80% of the fee for a corrected Illinois Identification
Card issued on or after January 1, 2005.
An individual, who resides in a veterans home or veterans
hospital operated by the State state or federal government, who
makes an application for an Illinois Identification Card to be
issued at no fee, must submit, along with the application, an
affirmation by the applicant on a form provided by the
Secretary of State, that such person resides in a veterans home
or veterans hospital operated by the State state or federal
government.
The application of a homeless individual for an Illinois
Identification Card to be issued at no fee must be accompanied
by an affirmation by a qualified person, as defined in Section
4C of this Act, on a form provided by the Secretary of State,
that the applicant is currently homeless as defined in Section
1A of this Act.
For the application for the first Illinois Identification
Card of a youth for whom the Department of Children and Family
Services is legally responsible for or a foster child to be
issued at no fee, the youth must submit, along with the
application, an affirmation by his or her court appointed
attorney or an employee of the Department of Children and
Family Services on a form provided by the Secretary of State,
that the person is a youth for whom the Department of Children
and Family Services is legally responsible for or a foster
child.
The fee for any duplicate identification card shall be
waived for any person who presents the Secretary of State's
Office with a police report showing that his or her
identification card was stolen.
The fee for any duplicate identification card shall be
waived for any person age 60 or older whose identification card
has been lost or stolen.
As used in this Section, "active-duty member of the United
States Armed Forces" means a member of the Armed Services or
Reserve Forces of the United States or a member of the Illinois
National Guard who is called to active duty pursuant to an
executive order of the President of the United States, an act
of the Congress of the United States, or an order of the
Governor.
(Source: P.A. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;
99-907, eff. 7-1-17; revised 1-3-17.)
Section 90. The State Comptroller Act is amended by
changing Section 22 as follows:
(15 ILCS 405/22) (from Ch. 15, par. 222)
Sec. 22. Transition; Auditor Transition-Auditor of Public
Accounts to comptroller.
(a) Except as otherwise specifically provided by law, the
comptroller shall succeed to all rights, powers, duties and
liabilities of the Auditor of Public Accounts in effect on
January 7, 1973. Warrants outstanding on the effective date of
this Act shall be governed by the law in effect on January 7,
1973, except for such provisions of this Act as may be made
applicable to such warrants by regulation adopted by the
comptroller with the approval of the State Treasurer. All
books, records, equipment, property, and personnel held by, in
the custody of or employed by the Auditor of Public Accounts on
that date shall be transferred to the comptroller on the
effective date of this Act. This transfer of personnel from the
office of Auditor of Public Accounts to the office of the
comptroller shall in no way affect the status of such personnel
under the "Personnel Code" or the State Employees Retirement
System or as respects any employment benefits to which they
were entitled on the day immediately preceding the transfer.
(b) In order to achieve a smooth and orderly transition
from the system of accounts and reports maintained or provided
by or for the Auditor of Public Accounts to the new uniform
accounting system and the expanded reporting and
accountability for public funds required by this Act, and the
warrant and payroll procedures required by this Act which may
be different from those provided by the law in effect on
January 7, 1973, the comptroller may, by interim regulations,
provide for the gradual changeover to the new systems, forms
and procedures. The complete implementation of the new uniform
accounting system and of the forms and procedures for reporting
and documentation by all State agencies and the handling of
warrants and payroll, as provided by this Act, must be
finalized and in effect no later than July 1, 1974.
(c) The Warrant Escheat Fund, a special fund of which the
State Treasurer is ex officio ex-officio custodian, as
heretofore established by law is retained.
(Source: P.A. 77-2807; revised 9-19-16.)
Section 95. The Department of Agriculture Law of the Civil
Administrative Code of Illinois is amended by changing Section
205-15 as follows:
(20 ILCS 205/205-15) (was 20 ILCS 205/40.7 and 205/40.8)
Sec. 205-15. Promotional activities.
(a) The Department has the power to encourage and promote,
in every practicable manner, the interests of agriculture,
including horticulture, the livestock industry, dairying,
cheese making, poultry, bee keeping, forestry, the production
of wool, and all other allied industries. In furtherance of the
duties set forth in this Section, the Department may establish
trust funds and bank accounts in adequately protected financial
institutions to receive and disburse monies in connection with
the conduct of food shows, food expositions, trade shows, and
other promotional activities and to sell at cost, to qualified
applicants, signs designating farms that have been owned for
100 years or more, 150 years or more, or 200 years or more by
lineal or collateral descendants of the same family as
"Centennial Farms", "Sesquicentennial Farms", or "Bicentennial
Farms" respectively. The Department shall provide applications
for the signs, which shall be submitted with the required fee.
"Centennial Farms", "Sesquicentennial Farms", and
"Bicentennial Farms" signs shall not contain within their
design the name, picture, or other likeness of any elected
public official or any appointed public official.
(b) The Department has the power to promote improved
methods of conducting the several industries described in
subsection (a) with a view to increasing the production and
facilitating the distribution thereof at the least cost.
(c) The Department may sell at cost, to qualified
applicants, signs designating an agribusiness that has been
operated for 100 years or more or more than 150 years or more
as the same agribusiness. As used in this subsection (c),
"agribusiness" means a business or businesses under the same
name or ownership that are collectively associated with the
production, processing, and distribution of agricultural
products. The Department shall provide applications for the
signs, which shall be submitted with the required fee.
(Source: P.A. 99-823, eff. 1-1-17; 99-824, eff. 8-16-16;
revised 10-11-16.)
Section 100. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Sections 5-23 and 10-15
as follows:
(20 ILCS 301/5-23)
Sec. 5-23. Drug Overdose Prevention Program.
(a) Reports of drug overdose.
(1) The Director of the Division of Alcoholism and
Substance Abuse shall publish annually a report on drug
overdose trends statewide that reviews State death rates
from available data to ascertain changes in the causes or
rates of fatal and nonfatal drug overdose. The report shall
also provide information on interventions that would be
effective in reducing the rate of fatal or nonfatal drug
overdose and shall include an analysis of drug overdose
information reported to the Department of Public Health
pursuant to subsection (e) of Section 3-3013 of the
Counties Code, Section 6.14g of the Hospital Licensing Act,
and subsection (j) of Section 22-30 of the School Code.
(2) The report may include:
(A) Trends in drug overdose death rates.
(B) Trends in emergency room utilization related
to drug overdose and the cost impact of emergency room
utilization.
(C) Trends in utilization of pre-hospital and
emergency services and the cost impact of emergency
services utilization.
(D) Suggested improvements in data collection.
(E) A description of other interventions effective
in reducing the rate of fatal or nonfatal drug
overdose.
(F) A description of efforts undertaken to educate
the public about unused medication and about how to
properly dispose of unused medication, including the
number of registered collection receptacles in this
State, mail-back programs, and drug take-back events.
(b) Programs; drug overdose prevention.
(1) The Director may establish a program to provide for
the production and publication, in electronic and other
formats, of drug overdose prevention, recognition, and
response literature. The Director may develop and
disseminate curricula for use by professionals,
organizations, individuals, or committees interested in
the prevention of fatal and nonfatal drug overdose,
including, but not limited to, drug users, jail and prison
personnel, jail and prison inmates, drug treatment
professionals, emergency medical personnel, hospital
staff, families and associates of drug users, peace
officers, firefighters, public safety officers, needle
exchange program staff, and other persons. In addition to
information regarding drug overdose prevention,
recognition, and response, literature produced by the
Department shall stress that drug use remains illegal and
highly dangerous and that complete abstinence from illegal
drug use is the healthiest choice. The literature shall
provide information and resources for substance abuse
treatment.
The Director may establish or authorize programs for
prescribing, dispensing, or distributing opioid
antagonists for the treatment of drug overdose. Such
programs may include the prescribing of opioid antagonists
for the treatment of drug overdose to a person who is not
at risk of opioid overdose but who, in the judgment of the
health care professional, may be in a position to assist
another individual during an opioid-related drug overdose
and who has received basic instruction on how to administer
an opioid antagonist.
(2) The Director may provide advice to State and local
officials on the growing drug overdose crisis, including
the prevalence of drug overdose incidents, programs
promoting the disposal of unused prescription drugs,
trends in drug overdose incidents, and solutions to the
drug overdose crisis.
(c) Grants.
(1) The Director may award grants, in accordance with
this subsection, to create or support local drug overdose
prevention, recognition, and response projects. Local
health departments, correctional institutions, hospitals,
universities, community-based organizations, and
faith-based organizations may apply to the Department for a
grant under this subsection at the time and in the manner
the Director prescribes.
(2) In awarding grants, the Director shall consider the
necessity for overdose prevention projects in various
settings and shall encourage all grant applicants to
develop interventions that will be effective and viable in
their local areas.
(3) The Director shall give preference for grants to
proposals that, in addition to providing life-saving
interventions and responses, provide information to drug
users on how to access drug treatment or other strategies
for abstaining from illegal drugs. The Director shall give
preference to proposals that include one or more of the
following elements:
(A) Policies and projects to encourage persons,
including drug users, to call 911 when they witness a
potentially fatal drug overdose.
(B) Drug overdose prevention, recognition, and
response education projects in drug treatment centers,
outreach programs, and other organizations that work
with, or have access to, drug users and their families
and communities.
(C) Drug overdose recognition and response
training, including rescue breathing, in drug
treatment centers and for other organizations that
work with, or have access to, drug users and their
families and communities.
(D) The production and distribution of targeted or
mass media materials on drug overdose prevention and
response, the potential dangers of keeping unused
prescription drugs in the home, and methods to properly
dispose of unused prescription drugs.
(E) Prescription and distribution of opioid
antagonists.
(F) The institution of education and training
projects on drug overdose response and treatment for
emergency services and law enforcement personnel.
(G) A system of parent, family, and survivor
education and mutual support groups.
(4) In addition to moneys appropriated by the General
Assembly, the Director may seek grants from private
foundations, the federal government, and other sources to
fund the grants under this Section and to fund an
evaluation of the programs supported by the grants.
(d) Health care professional prescription of opioid
antagonists.
(1) A health care professional who, acting in good
faith, directly or by standing order, prescribes or
dispenses an opioid antagonist to: (a) a patient who, in
the judgment of the health care professional, is capable of
administering the drug in an emergency, or (b) a person who
is not at risk of opioid overdose but who, in the judgment
of the health care professional, may be in a position to
assist another individual during an opioid-related drug
overdose and who has received basic instruction on how to
administer an opioid antagonist shall not, as a result of
his or her acts or omissions, be subject to: (i) any
disciplinary or other adverse action under the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute or (ii) any
criminal liability, except for willful and wanton
misconduct.
(2) A person who is not otherwise licensed to
administer an opioid antagonist may in an emergency
administer without fee an opioid antagonist if the person
has received the patient information specified in
paragraph (4) of this subsection and believes in good faith
that another person is experiencing a drug overdose. The
person shall not, as a result of his or her acts or
omissions, be (i) liable for any violation of the Medical
Practice Act of 1987, the Physician Assistant Practice Act
of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
or any other professional licensing statute, or (ii)
subject to any criminal prosecution or civil liability,
except for willful and wanton misconduct.
(3) A health care professional prescribing an opioid
antagonist to a patient shall ensure that the patient
receives the patient information specified in paragraph
(4) of this subsection. Patient information may be provided
by the health care professional or a community-based
organization, substance abuse program, or other
organization with which the health care professional
establishes a written agreement that includes a
description of how the organization will provide patient
information, how employees or volunteers providing
information will be trained, and standards for documenting
the provision of patient information to patients.
Provision of patient information shall be documented in the
patient's medical record or through similar means as
determined by agreement between the health care
professional and the organization. The Director of the
Division of Alcoholism and Substance Abuse, in
consultation with statewide organizations representing
physicians, pharmacists, advanced practice nurses,
physician assistants, substance abuse programs, and other
interested groups, shall develop and disseminate to health
care professionals, community-based organizations,
substance abuse programs, and other organizations training
materials in video, electronic, or other formats to
facilitate the provision of such patient information.
(4) For the purposes of this subsection:
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids
acting on those receptors, including, but not limited to,
naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration.
"Health care professional" means a physician licensed
to practice medicine in all its branches, a licensed
physician assistant with prescriptive authority, a
licensed advanced practice nurse with prescriptive
authority, an advanced practice nurse or physician
assistant who practices in a hospital, hospital affiliate,
or ambulatory surgical treatment center and possesses
appropriate clinical privileges in accordance with the
Nurse Practice Act, or a pharmacist licensed to practice
pharmacy under the Pharmacy Practice Act.
"Patient" includes a person who is not at risk of
opioid overdose but who, in the judgment of the physician,
advanced practice nurse, or physician assistant, may be in
a position to assist another individual during an overdose
and who has received patient information as required in
paragraph (2) of this subsection on the indications for and
administration of an opioid antagonist.
"Patient information" includes information provided to
the patient on drug overdose prevention and recognition;
how to perform rescue breathing and resuscitation; opioid
antagonist dosage and administration; the importance of
calling 911; care for the overdose victim after
administration of the overdose antagonist; and other
issues as necessary.
(e) Drug overdose response policy.
(1) Every State and local government agency that
employs a law enforcement officer or fireman as those terms
are defined in the Line of Duty Compensation Act must
possess opioid antagonists and must establish a policy to
control the acquisition, storage, transportation, and
administration of such opioid antagonists and to provide
training in the administration of opioid antagonists. A
State or local government agency that employs a fireman as
defined in the Line of Duty Compensation Act but does not
respond to emergency medical calls or provide medical
services shall be exempt from this subsection.
(2) Every publicly or privately owned ambulance,
special emergency medical services vehicle, non-transport
vehicle, or ambulance assist vehicle, as described in the
Emergency Medical Services (EMS) Systems Act, which
responds to requests for emergency services or transports
patients between hospitals in emergency situations must
possess opioid antagonists.
(3) Entities that are required under paragraphs (1) and
(2) to possess opioid antagonists may also apply to the
Department for a grant to fund the acquisition of opioid
antagonists and training programs on the administration of
opioid antagonists.
(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;
99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)
(20 ILCS 301/10-15)
Sec. 10-15. Qualification and appointment of members. The
membership of the Illinois Advisory Council shall consist of:
(a) A State's Attorney designated by the President of
the Illinois State's Attorneys Association.
(b) A judge designated by the Chief Justice of the
Illinois Supreme Court.
(c) A Public Defender appointed by the President of the
Illinois Public Defender Defenders Association.
(d) A local law enforcement officer appointed by the
Governor.
(e) A labor representative appointed by the Governor.
(f) An educator appointed by the Governor.
(g) A physician licensed to practice medicine in all
its branches appointed by the Governor with due regard for
the appointee's knowledge of the field of alcoholism and
other drug abuse and dependency.
(h) 4 members of the Illinois House of Representatives,
2 each appointed by the Speaker and Minority Leader.
(i) 4 members of the Illinois Senate, 2 each appointed
by the President and Minority Leader.
(j) The President of the Illinois Alcoholism and Drug
Dependence Association.
(k) An advocate for the needs of youth appointed by the
Governor.
(l) The President of the Illinois State Medical Society
or his or her designee.
(m) The President of the Illinois Hospital Association
or his or her designee.
(n) The President of the Illinois Nurses Association or
a registered nurse designated by the President.
(o) The President of the Illinois Pharmacists
Association or a licensed pharmacist designated by the
President.
(p) The President of the Illinois Chapter of the
Association of Labor-Management Labor Management
Administrators and Consultants on Alcoholism.
(p-1) The President of the Community Behavioral
Healthcare Association of Illinois or his or her designee.
(q) The Attorney General or his or her designee.
(r) The State Comptroller or his or her designee.
(s) 20 public members, 8 appointed by the Governor, 3
of whom shall be representatives of alcoholism or other
drug abuse and dependency treatment programs and one of
whom shall be a representative of a manufacturer or
importing distributor of alcoholic liquor licensed by the
State of Illinois, and 3 public members appointed by each
of the President and Minority Leader of the Senate and the
Speaker and Minority Leader of the House.
(t) The Director, Secretary, or other chief
administrative officer, ex officio, or his or her designee,
of each of the following: the Department on Aging, the
Department of Children and Family Services, the Department
of Corrections, the Department of Juvenile Justice, the
Department of Healthcare and Family Services, the
Department of Revenue, the Department of Public Health, the
Department of Financial and Professional Regulation, the
Department of State Police, the Administrative Office of
the Illinois Courts, the Criminal Justice Information
Authority, and the Department of Transportation.
(u) Each of the following, ex officio, or his or her
designee: the Secretary of State, the State Superintendent
of Education, and the Chairman of the Board of Higher
Education.
The public members may not be officers or employees of the
executive branch of State government; however, the public
members may be officers or employees of a State college or
university or of any law enforcement agency. In appointing
members, due consideration shall be given to the experience of
appointees in the fields of medicine, law, prevention,
correctional activities, and social welfare. Vacancies in the
public membership shall be filled for the unexpired term by
appointment in like manner as for original appointments, and
the appointive members shall serve until their successors are
appointed and have qualified. Vacancies among the public
members appointed by the legislative leaders shall be filled by
the leader of the same house and of the same political party as
the leader who originally appointed the member.
Each non-appointive member may designate a representative
to serve in his place by written notice to the Department. All
General Assembly members shall serve until their respective
successors are appointed or until termination of their
legislative service, whichever occurs first. The terms of
office for each of the members appointed by the Governor shall
be for 3 years, except that of the members first appointed, 3
shall be appointed for a term of one year, and 4 shall be
appointed for a term of 2 years. The terms of office of each of
the public members appointed by the legislative leaders shall
be for 2 years.
(Source: P.A. 94-1033, eff. 7-1-07; revised 9-12-16.)
Section 105. The Personnel Code is amended by changing
Section 10 as follows:
(20 ILCS 415/10) (from Ch. 127, par. 63b110)
Sec. 10. Duties and powers of the Commission. The Civil
Service Commission shall have duties and powers as follows:
(1) Upon written recommendations by the Director of the
Department of Central Management Services to exempt from
jurisdiction B of this Act positions which, in the judgment
of the Commission, involve either principal administrative
responsibility for the determination of policy or
principal administrative responsibility for the way in
which policies are carried out. This authority may not be
exercised, however, with respect to the position of
Assistant Director of Healthcare and Family Services in the
Department of Healthcare and Family Services.
(2) To require such special reports from the Director
as it may consider desirable.
(3) To disapprove original rules or any part thereof
within 90 days and any amendment thereof within 30 days
after the submission of such rules to the Civil Service
Commission by the Director, and to disapprove any
amendments thereto in the same manner.
(4) To approve or disapprove within 60 days from date
of submission the position classification plan P.A.
submitted by the Director as provided in the rules, and any
revisions thereof within 30 days from the date of
submission.
(5) To hear appeals of employees who do not accept the
allocation of their positions under the position
classification plan.
(6) To hear and determine written charges filed seeking
the discharge, demotion of employees and suspension
totaling more than thirty days in any 12-month period, as
provided in Section 11 hereof, and appeals from transfers
from one geographical area in the State to another, and in
connection therewith to administer oaths, subpoena
witnesses, and compel the production of books and papers.
(7) The fees of subpoenaed witnesses under this Act for
attendance and travel shall be the same as fees of
witnesses before the circuit courts of the State, such fees
to be paid when the witness is excused from further
attendance. Whenever a subpoena is issued the Commission
may require that the cost of service and the fee of the
witness shall be borne by the party at whose insistence the
witness is summoned. The Commission has the power, at its
discretion, to require a deposit from such party to cover
the cost of service and witness fees and the payment of the
legal witness fee and mileage to the witness served with
the subpoena. A subpoena issued under this Act shall be
served in the same manner as a subpoena issued out of a
court.
Upon the failure or refusal to obey a subpoena, a
petition shall be prepared by the party serving the
subpoena for enforcement in the circuit court of the county
in which the person to whom the subpoena was directed
either resides or has his or her principal place of
business.
Not less than five days before the petition is filed in
the appropriate court, it shall be served on the person
along with a notice of the time and place the petition is
to be presented.
Following a hearing on the petition, the circuit court
shall have jurisdiction to enforce subpoenas issued
pursuant to this Section.
On motion and for good cause shown the Commission may
quash or modify any subpoena.
(8) To make an annual report regarding the work of the
Commission to the Governor, such report to be a public
report.
(9) If any violation of this Act is found, the
Commission shall direct compliance in writing.
(10) To appoint a full-time executive secretary and
such other employees, experts, and special assistants as
may be necessary to carry out the powers and duties of the
Commission under this Act and employees, experts, and
special assistants so appointed by the Commission shall be
subject to the provisions of jurisdictions A, B and C of
this Act. These powers and duties supersede any contrary
provisions herein contained.
(11) To make rules to carry out and implement their
powers and duties under this Act, with authority to amend
such rules from time to time.
(12) To hear or conduct investigations as it deems
necessary of appeals of layoff filed by employees appointed
under Jurisdiction B after examination provided that such
appeals are filed within 15 calendar days following the
effective date of such layoff and are made on the basis
that the provisions of the Personnel Code or of the Rules
of the Department of Central Management Services relating
to layoff have been violated or have not been complied
with.
All hearings shall be public. A decision shall be
rendered within 60 days after receipt of the transcript of
the proceedings. The Commission shall order the
reinstatement of the employee if it is proven that the
provisions of the Personnel Code or of the rules Rules of
the Department of Central Management Services relating to
layoff have been violated or have not been complied with.
In connection therewith the Commission may administer
oaths, subpoena witnesses, and compel the production of
books and papers.
(13) Whenever the Civil Service Commission is
authorized or required by law to consider some aspect of
criminal history record information for the purpose of
carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with
the requirements of Section 2605-400 of the Department of
State Police Law (20 ILCS 2605/2605-400), the Department of
State Police is authorized to furnish, pursuant to positive
identification, such information contained in State files
as is necessary to fulfill the request.
(Source: P.A. 95-331, eff. 8-21-07; revised 9-6-16.)
Section 110. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing the heading of Article 605 as follows:
(20 ILCS 605/Art. 605 heading)
ARTICLE 605. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
COMMUNITY AFFAIRS
Section 115. The Technology Advancement and Development
Act is amended by changing Section 1004 as follows:
(20 ILCS 700/1004) (from Ch. 127, par. 3701-4)
Sec. 1004. Duties and powers. The Department of Commerce
and Economic Opportunity shall establish and administer any of
the programs authorized under this Act subject to the
availability of funds appropriated by the General Assembly. The
Department may make awards from general revenue fund
appropriations, federal reimbursement funds, and the
Technology Cooperation Fund, as provided under the provisions
of this Act. The Department, in addition to those powers
granted under the Civil Administrative Code of Illinois, is
granted the following powers to help administer the provisions
of this Act:
(a) To provide financial assistance as direct or
participation grants, loans, or qualified security
investments to, or on behalf of, eligible applicants.
Loans, grants, and investments shall be made for the
purpose of increasing research and development,
commercializing technology, adopting advanced production
and processing techniques, and promoting job creation and
retention within Illinois;
(b) To enter into agreements, accept funds or grants,
and engage in cooperation with agencies of the federal
government, local units of government, universities,
research foundations or institutions, regional economic
development corporations, or other organizations for the
purposes of this Act;
(c) To enter into contracts, agreements, and memoranda
of understanding; and to provide funds for participation
agreements or to make any other agreements or contracts or
to invest, grant, or loan funds to any participating
intermediary organizations, including, not-for-profit
entities, for-profit entities, State agencies or
authorities, government owned and contract operated
facilities, institutions of higher education, other public
or private development corporations, or other entities
necessary or desirable to further the purpose of this Act.
Any such agreement or contract by an intermediary
organization to deliver programs authorized under this Act
may include terms and provisions, including, but not
limited to, organization and development of documentation,
review and approval of projects, servicing and
disbursement of funds, and other related activities;
(d) To fix, determine, charge, and collect any
premiums, fees, charges, costs, and expenses, including,
without limitation, any application fees, commitment fees,
program fees, financing charges, or publication fees in
connection with the Department's activities under this
Act;
(e) To establish forms for applications,
notifications, contracts, or any other agreements, and to
promulgate procedures, rules, or regulations deemed
necessary and appropriate;
(f) To establish and regulate the terms and conditions
of the Department's agreements and to consent, subject to
the provisions of any agreement with another party, to the
modification or restructuring of any agreement to which the
Department is a party;
(g) To require that recipients of financial assistance
shall at all times keep proper books of record and account
in accordance with generally accepted accounting
principles consistently applied, with such books open for
reasonable Department inspection and audits, including,
without limitation, the making of copies thereof;
(h) To require applicants or grantees receiving funds
under this Act to permit the Department to: (i) inspect and
audit any books, records or papers related to the project
in the custody or control of the applicant, including the
making of copies or extracts thereof, and (ii) inspect or
appraise any of the applicant's or grantee's business
assets;
(i) To require applicants or grantees, upon written
request by the Department, to issue any necessary
authorization to the appropriate federal, State, or local
authority for the release of information concerning a
business or business project financed under the provisions
of this Act, with the information requested to include, but
not be limited to, financial reports, returns, or records
relating to that business or business project;
(i-5) To provide staffing, administration, and related
support required to manage the programs authorized under
this Act and to pay for staffing and administration as
appropriated by the General Assembly. Administrative
responsibilities may include, but are not limited to,
research and identification of the needs of commerce and
industry in this State; design of comprehensive statewide
plans and programs; direction, management, and control of
specific projects; and communication and cooperation with
entities about technology commercialization and business
modernization;
(j) To take whatever actions are necessary or
appropriate to protect the State's interest in the event of
bankruptcy, default, foreclosure or noncompliance with the
terms and conditions of financial assistance or
participation required under this Act, including the power
to sell, dispose, lease or rent, upon terms and conditions
determined by the Director to be appropriate, real or
personal property which the Department may receive as a
result thereof; and
(k) To exercise Exercise such other powers as are
necessary to carry out the purposes of this Act.
(Source: P.A. 94-91, eff. 7-1-05; revised 9-6-16.)
Section 120. The Illinois Lottery Law is amended by
changing Sections 10.8 and 21.6 as follows:
(20 ILCS 1605/10.8)
Sec. 10.8. Specialty retailers license.
(a) "Veterans service organization" means an organization
that:
(1) is formed by and for United States military
veterans;
(2) is chartered by the United States Congress and
incorporated in the State of Illinois;
(3) maintains a state headquarters office in the State
of Illinois; and
(4) is not funded by the State of Illinois or by any
county in this State.
(b) The Department shall establish a special
classification of retailer license to facilitate the
year-round sale of the instant scratch-off lottery game
established by the General Assembly in Section 21.6. The fees
set forth in Section 10.2 do not apply to a specialty retailer
license.
The holder of a specialty retailer license (i) shall be a
veterans service organization, (ii) may sell only specialty
lottery tickets established for the benefit of the Illinois
Veterans Assistance Fund in the State treasury, (iii) is
required to purchase those tickets up front at face value from
the Illinois Lottery, and (iv) must sell those tickets at face
value. Specialty retailers may obtain a refund from the
Department for any unsold specialty tickets that they have
purchased for resale, as set forth in the specialty retailer
agreement.
Specialty retailers shall receive a sales commission equal
to 2% of the face value of specialty game tickets purchased
from the Department, less adjustments for unsold tickets
returned to the Illinois Lottery for credit. Specialty
retailers may not cash winning tickets, but are entitled to a
1% bonus in connection with the sale of a winning specialty
game ticket having a price value of $1,000 or more.
(Source: P.A. 96-1105, eff. 7-19-10; 97-464, eff. 10-15-11;
revised 9-2-16.)
(20 ILCS 1605/21.6)
Sec. 21.6. Scratch-off for Illinois veterans.
(a) The Department shall offer a special instant
scratch-off game for the benefit of Illinois veterans. The game
shall commence on January 1, 2006 or as soon thereafter, at the
discretion of the Director, as is reasonably practical. The
operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
(b) The Illinois Veterans Assistance Fund is created as a
special fund in the State treasury. The net revenue from the
Illinois veterans scratch-off game shall be deposited into the
Fund for appropriation by the General Assembly solely to the
Department of Veterans' Veterans Affairs for making grants,
funding additional services, or conducting additional research
projects relating to each of the following:
(i) veterans' post traumatic stress disorder;
(ii) veterans' homelessness;
(iii) the health insurance costs of veterans;
(iv) veterans' disability benefits, including but not
limited to, disability benefits provided by veterans
service organizations and veterans assistance commissions
or centers;
(v) the long-term care of veterans; provided that,
beginning with moneys appropriated for fiscal year 2008, no
more than 20% of such moneys shall be used for health
insurance costs; and
(vi) veteran employment and employment training.
In order to expend moneys from this special fund, beginning
with moneys appropriated for fiscal year 2008, the Director of
Veterans' Affairs shall appoint a 3-member funding
authorization committee. The Director shall designate one of
the members as chairperson. The committee shall meet on a
quarterly basis, at a minimum, and shall authorize expenditure
of moneys from the special fund by a two-thirds vote. Decisions
of the committee shall not take effect unless and until
approved by the Director of Veterans' Affairs. Each member of
the committee shall serve until a replacement is named by the
Director of Veterans' Affairs. One member of the committee
shall be a member of the Veterans' Advisory Council.
Moneys collected from the special instant scratch-off game
shall be used only as a supplemental financial resource and
shall not supplant existing moneys that the Department of
Veterans' Veterans Affairs may currently expend for the
purposes set forth in items (i) through (v).
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and from gifts, grants, and awards
from any public or private entity, must be deposited into the
Fund. Any interest earned on moneys in the Fund must be
deposited into the Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
(c) During the time that tickets are sold for the Illinois
veterans scratch-off game, the Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12;
98-499, eff. 8-16-13; revised 9-2-16.)
Section 125. The Military Code of Illinois is amended by
changing Section 28 as follows:
(20 ILCS 1805/28) (from Ch. 129, par. 220.28)
Sec. 28. When the Commander-in-Chief proclaims a time of
public danger or when an emergency exists, the . The Adjutant
General may purchase or authorize the purchase of stores and
supplies in accordance with the emergency purchase provisions
in the Illinois Procurement Code.
(Source: P.A. 99-557, eff. 1-1-17; revised 9-8-16.)
Section 130. The State Guard Act is amended by changing
Sections 53 and 54 as follows:
(20 ILCS 1815/53) (from Ch. 129, par. 281)
Sec. 53. Any officer, warrant officer, or enlisted man in
the Illinois State Guard who knowingly makes any false
certificate or return to any superior officer authorized to
call for such certificate or return, as to the state of his
command, or as to the quartermaster, subsistence, or ordnance
ordinance stores to it issued, or any officer who knowingly
musters any officer, warrant officer, or enlisted man by other
than his proper name, or who permits any officer, warrant
officer, or enlisted man to substitute or sign another name
than his own, or who enters the name of any man not duly or
lawfully commissioned or enlisted in the muster or payroll of
the State of Illinois, or who certifies falsely as to any
actual duty performed or amounts due, or who in any other way
makes or permits any false muster or return, or who, having
drawn money from the State for public use, shall apply it or
any part thereof to any use not duly authorized, may be
punished as a court martial shall direct.
(Source: P.A. 80-1495; revised 9-8-16.)
(20 ILCS 1815/54) (from Ch. 129, par. 282)
Sec. 54. Any officer, warrant officer, or enlisted man who
willfully wilfully or through neglect suffers to be lost,
spoiled, or damaged, any quartermaster, subsistence, or
ordnance ordinance stores for which he is responsible or
accountable, or who secretes, sells, or pawns, or attempts to
secrete, sell, or pawn, any such stores or any other military
property of the State, or by it issued, may be punished as a
court martial shall direct.
(Source: P.A. 80-1495; revised 9-8-16.)
Section 135. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-367 and 2310-371.5 as
follows:
(20 ILCS 2310/2310-367)
Sec. 2310-367. Health Data Task Force; purpose;
implementation plan.
(a) In accordance with the recommendations of the 2007
State Health Improvement Plan, it is the policy of the State
that, to the extent possible and consistent with privacy and
other laws, State public health data and health-related
administrative data are to be used to understand and report on
the scope of health problems, plan prevention programs, and
evaluate program effectiveness at the State and community
level. It is a priority to use data to address racial, ethnic,
and other health disparities. This system is intended to
support State and community level public health planning, and
is not intended to supplant or replace data-use agreements
between State agencies and academic researchers for more
specific research needs.
(b) Within 30 days after August 24, 2007 (the effective
date of Public Act 95-418), a Health Data Task Force shall be
convened to create a system for public access to integrated
health data. The Task Force shall consist of the following: the
Director of Public Health or his or her designee; the Director
of Healthcare and Family Services or his or her designee; the
Secretary of Human Services or his or her designee; the
Director of the Department on Aging or his or her designee; the
Director of Children and Family Services or his or her
designee; the State Superintendent of Education or his or her
designee; and other State officials as deemed appropriate by
the Governor.
The Task Force shall be advised by a public advisory group
consisting of community health data users, minority health
advocates, local public health departments, and private data
suppliers such as hospitals and other health care providers.
Each member of the Task Force shall appoint 3 members of the
public advisory group. The public advisory group shall assist
the Task Force in setting goals, articulating user needs, and
setting priorities for action.
The Department of Public Health is primarily responsible
for providing staff and administrative support to the Task
Force. The other State agencies represented on the Task Force
shall work cooperatively with the Department of Public Health
to provide administrative support to the Task Force. The
Department of Public Health shall have ongoing responsibility
for monitoring the implementation of the plan and shall have
ongoing responsibility to identify new or emerging data or
technology needs.
The State agencies represented on the Task Force shall
review their health data, data collection, and dissemination
policies for opportunities to coordinate and integrate data and
make data available within and outside State government in
support of this State policy. To the extent possible, existing
data infrastructure shall be used to create this system of
public access to data. The Illinois Department of Healthcare
Health Care and Family Services data warehouse and the Illinois
Department of Public Health IPLAN Data System may be the
foundation of this system.
(c) The Task Force shall produce a plan with a phased and
prioritized implementation timetable focusing on assuring
access to improving the quality of data necessary to understand
health disparities. The Task Force shall submit an initial
report to the General Assembly no later than July 1, 2008, and
shall make annual reports to the General Assembly on or before
July 1 of each year through 2011 of the progress toward
implementing the plan.
(Source: P.A. 97-813, eff. 7-13-12; revised 9-8-16.)
(20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371)
Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to
appropriation, the Department of Public Health has the power to
make matching grants from the Heartsaver AED Fund, a special
fund created in the State treasury, to any school in the State,
public park district, forest preserve district, conservation
district, sheriff's office, municipal police department,
municipal recreation department, public library, college, or
university to assist in the purchase of an Automated External
Defibrillator. Applicants for AED grants must demonstrate that
they have funds to pay 50% of the cost of the AEDs for which
matching grant moneys are sought. Any school, public park
district, forest preserve district, conservation district,
sheriff's office, municipal police department, municipal
recreation department, public library, college, or university
applying for the grant shall not receive more than one grant
from the Heartsaver AED Fund each fiscal year. The State
Treasurer shall accept and deposit into the Fund all gifts,
grants, transfers, appropriations, and other amounts from any
legal source, public or private, that are designated for
deposit into the Fund.
(Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16;
revised 3-21-16.)
Section 140. The State Police Act is amended by changing
Section 7 and by setting forth and renumbering multiple
versions of Section 40 as follows:
(20 ILCS 2610/7) (from Ch. 121, par. 307.7)
Sec. 7. As soon as practicable after the members of the
Board have been appointed, they shall meet and shall organize
by electing a chairman and a secretary. The initial chairman
and secretary, and their successors, shall be elected by the
Board from among its members for a term of two years or for the
remainder of their term of office as a member of the Board,
whichever which ever is the shorter. Three members of the Board
shall constitute a quorum for the transaction of business. The
Board shall hold regular quarterly meetings and such other
meetings as may be called by the chairman.
(Source: P.A. 80-1305; revised 10-5-16.)
(20 ILCS 2610/38)
Sec. 38 40. Disposal of medications. The Department may by
rule authorize State Police officers to dispose of any unused
medications under Section 18 of the Safe Pharmaceutical
Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17; revised 10-4-16.)
(20 ILCS 2610/40)
Sec. 40. Training; administration of epinephrine.
(a) This Section, along with Section 10.19 of the Illinois
Police Training Act, may be referred to as the Annie LeGere
Law.
(b) For the purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of the Department.
(c) The Department may conduct or approve a training
program for State Police officers to recognize and respond to
anaphylaxis, including, but not limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Department.
(d) The Department may authorize a State Police officer who
has completed the training program under subsection (c) to
carry, administer, or assist with the administration of
epinephrine auto-injectors whenever he or she is performing
official duties.
(e) The Department must establish a written policy to
control the acquisition, storage, transportation,
administration, and disposal of epinephrine auto-injectors
before it allows any State Police officer to carry and
administer epinephrine auto-injectors.
(f) A physician, physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of the
Department to be maintained for use when necessary.
(g) When a State Police officer administers epinephrine
auto-injector in good faith, the officer and the Department,
and its employees and agents, incur no liability, except for
willful and wanton conduct, as a result of any injury or death
arising from the use of an epinephrine auto-injector.
(Source: P.A. 99-711, eff. 1-1-17.)
Section 145. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control
Act. For the purpose of this Section, "successful
completion" of an order of qualified probation under
Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act and Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act means that the
probation was terminated satisfactorily and the
judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent
solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697) this amendatory Act of
the 99th General Assembly, the law enforcement agency
issuing the citation shall automatically expunge, on or
before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the law
enforcement agency issuing the citation. Commencing 180
days after July 29, 2016 (the effective date of Public Act
99-697) this amendatory Act of the 99th General Assembly,
the clerk of the circuit court shall expunge, upon order of
the court, or in the absence of a court order on or before
January 1 and July 1 of each year, the court records of a
person found in the circuit court to have committed a civil
law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the clerk's
possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order
Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) offenses which are Class A misdemeanors
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) the sealing of the records of an arrest which
results in the petitioner being charged with a felony
offense or records of a charge not initiated by arrest
for a felony offense unless:
(i) the charge is amended to a misdemeanor and
is otherwise eligible to be sealed pursuant to
subsection (c);
(ii) the charge is brought along with another
charge as a part of one case and the charge results
in acquittal, dismissal, or conviction when the
conviction was reversed or vacated, and another
charge brought in the same case results in a
disposition for a misdemeanor offense that is
eligible to be sealed pursuant to subsection (c) or
a disposition listed in paragraph (i), (iii), or
(iv) of this subsection;
(iii) the charge results in first offender
probation as set forth in subsection (c)(2)(E);
(iv) the charge is for a felony offense listed
in subsection (c)(2)(F) or the charge is amended to
a felony offense listed in subsection (c)(2)(F);
(v) the charge results in acquittal,
dismissal, or the petitioner's release without
conviction; or
(vi) the charge results in a conviction, but
the conviction was reversed or vacated.
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known
or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until
further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions for the following
offenses:
(i) Class 4 felony convictions for:
Prostitution under Section 11-14 of the
Criminal Code of 1961 or the Criminal Code of
2012.
Possession of cannabis under Section 4 of
the Cannabis Control Act.
Possession of a controlled substance under
Section 402 of the Illinois Controlled
Substances Act.
Offenses under the Methamphetamine
Precursor Control Act.
Offenses under the Steroid Control Act.
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession of burglary tools under Section
19-2 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(ii) Class 3 felony convictions for:
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession with intent to manufacture or
deliver a controlled substance under Section
401 of the Illinois Controlled Substances Act.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)).
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test
of General Educational Development, during the period
of his or her sentence, aftercare release, or mandatory
supervised release. This subparagraph shall apply only
to a petitioner who has not completed the same
educational goal prior to the period of his or her
sentence, aftercare release, or mandatory supervised
release. If a petition for sealing eligible records
filed under this subparagraph is denied by the court,
the time periods under subparagraph (B) or (C) shall
apply to any subsequent petition for sealing filed by
the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. In a county of
3,000,000 or more inhabitants, no fee shall be required to
be paid by a petitioner if the records sought to be
expunged or sealed were arrests resulting in release
without charging or arrests or charges not initiated by
arrest resulting in acquittal, dismissal, or conviction
when the conviction was reversed or vacated, unless
excluded by subsection (a)(3)(B). The provisions of this
paragraph (1.5), other than this sentence, are inoperative
on and after January 1, 2018 or one year after January 1,
2017 (the effective date of Public Act 99-881) this
amendatory Act of the 99th General Assembly, whichever is
later.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records,
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department
shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August
5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
99-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.
7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
Section 150. The Illinois Uniform Conviction Information
Act is amended by changing Section 3 as follows:
(20 ILCS 2635/3) (from Ch. 38, par. 1603)
Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act, unless the context clearly indicates
otherwise:
(A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
(B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research), apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, data analysis
and research done by the sentencing commission, or the
collection, maintenance or dissemination of criminal history
record information.
(C) "The Authority" means the Illinois Criminal Justice
Information Authority.
(D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
(E) "Complete" means accurately reflecting all the
criminal history record information about an individual that is
required to be reported to the Department pursuant to Section
2.1 of the Criminal Identification Act.
(F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
For purposes of this Act, continuances to a date certain in
furtherance of an order of supervision granted under Section
5-6-1 of the Unified Code of Corrections or an order of
probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal Code of
2012, Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act, or Section 10 of the Steroid Control
Act shall not be deemed "conviction information".
(G) "Criminal history record information" means data
identifiable to an individual, including information collected
under Section 4.5 of the Criminal Identification Act, and
consisting of descriptions or notations of arrests,
detentions, indictments, informations, pretrial proceedings,
trials, or other formal events in the criminal justice system
or descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and the
nature of any disposition arising therefrom, including
sentencing, court or correctional supervision, rehabilitation
and release. The term does not apply to statistical records and
reports in which individuals individual are not identified and
from which their identities are not ascertainable, or to
information that is for criminal investigative or intelligence
purposes.
(H) "Criminal justice agency" means (1) a government agency
or any subunit thereof which is authorized to administer the
criminal laws and which allocates a substantial part of its
annual budget for that purpose, or (2) an agency supported by
public funds which is authorized as its principal function to
administer the criminal laws and which is officially designated
by the Department as a criminal justice agency for purposes of
this Act.
(I) "The Department" means the Illinois Department of State
Police.
(J) "Director" means the Director of the Illinois
Department of State Police.
(K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
(L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
(M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
(M-5) "Request" means the submission to the Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the Department to initiate a
search of its criminal history record information files.
(N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request pursuant
to this Act to obtain conviction information maintained in the
files of the Department of State Police regarding a particular
individual.
(O) "Statistical information" means data from which the
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of an
individual cannot be linked by the recipient of the
information.
(P) "Sentencing commission" means the Sentencing Policy
Advisory Council.
(Source: P.A. 98-528, eff. 1-1-15; 99-880, eff. 8-22-16;
revised 10-27-16.)
Section 155. The Department of Veterans Affairs Act is
amended by changing Section 20 as follows:
(20 ILCS 2805/20)
Sec. 20. Illinois Discharged Servicemember Task Force. The
Illinois Discharged Servicemember Task Force is hereby created
within the Department of Veterans' Veterans Affairs. The Task
Force shall investigate the re-entry process for service
members who return to civilian life after being engaged in an
active theater. The investigation shall include the effects of
post-traumatic stress disorder, homelessness, disabilities,
and other issues the Task Force finds relevant to the re-entry
process. For fiscal year 2012, the Task Force shall include the
availability of prosthetics in its investigation. For fiscal
year 2014, the Task Force shall include the needs of women
veterans with respect to issues including, but not limited to,
compensation, rehabilitation, outreach, health care, and
issues facing women veterans in the community, and to offer
recommendations on how best to alleviate these needs which
shall be included in the Task Force Annual Report for 2014. The
Task Force shall include the following members:
(a) a representative of the Department of Veterans'
Veterans Affairs, who shall chair the committee;
(b) a representative from the Department of Military
Affairs;
(c) a representative from the Office of the Illinois
Attorney General;
(d) a member of the General Assembly appointed by the
Speaker of the House;
(e) a member of the General Assembly appointed by the
House Minority Leader;
(f) a member of the General Assembly appointed by the
President of the Senate;
(g) a member of the General Assembly appointed by the
Senate Minority Leader;
(h) 4 members chosen by the Department of Veterans'
Veterans Affairs, who shall represent statewide veterans'
organizations or veterans' homeless shelters;
(i) one member appointed by the Lieutenant Governor;
and
(j) a representative of the United States Department of
Veterans Affairs shall be invited to participate.
Vacancies in the Task Force shall be filled by the initial
appointing authority. Task Force members shall serve without
compensation, but may be reimbursed for necessary expenses
incurred in performing duties associated with the Task Force.
By July 1, 2008 and by July 1 of each year thereafter, the
Task Force shall present an annual report of its findings to
the Governor, the Attorney General, the Director of Veterans'
Affairs, the Lieutenant Governor, and the Secretary of the
United States Department of Veterans Affairs.
If the Task Force becomes inactive because active theaters
cease, the Director of Veterans' Veterans Affairs may
reactivate the Task Force if active theaters are reestablished.
(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13;
revised 9-8-16.)
Section 160. The Illinois Finance Authority Act is amended
by changing Section 825-65 and the heading of Article 835 as
follows:
(20 ILCS 3501/825-65)
Sec. 825-65. Clean Coal, Coal, Energy Efficiency, and
Renewable Energy Project Financing.
(a) Findings and declaration of policy.
(i) It is hereby found and declared that Illinois has
abundant coal resources and, in some areas of Illinois, the
demand for power exceeds the generating capacity.
Incentives to encourage the construction of coal-fueled
electric generating plants in Illinois to ensure power
generating capacity into the future and to advance clean
coal technology and the use of Illinois coal are in the
best interests of all of the citizens of Illinois.
(ii) It is further found and declared that Illinois has
abundant potential and resources to develop renewable
energy resource projects and that there are many
opportunities to invest in cost-effective energy
efficiency projects throughout the State. The development
of those projects will create jobs and investment as well
as decrease environmental impacts and promote energy
independence in Illinois. Accordingly, the development of
those projects is in the best interests of all of the
citizens of Illinois.
(iii) The Authority is authorized to issue bonds to
help finance Clean Coal, Coal, Energy Efficiency, and
Renewable Energy projects pursuant to this Section.
(b) Definitions.
(i) "Clean Coal Project" means (A) "clean coal
facility", as defined in Section 1-10 of the Illinois Power
Agency Act; (B) "clean coal SNG facility", as defined in
Section 1-10 of the Illinois Power Agency Act; (C)
transmission lines and associated equipment that transfer
electricity from points of supply to points of delivery for
projects described in this subsection (b); (D) pipelines or
other methods to transfer carbon dioxide from the point of
production to the point of storage or sequestration for
projects described in this subsection (b); or (E) projects
to provide carbon abatement technology for existing
generating facilities.
(ii) "Coal Project" means new electric generating
facilities or new gasification facilities, as defined in
Section 605-332 of the Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of
Illinois, which may include mine-mouth power plants,
projects that employ the use of clean coal technology,
projects to provide scrubber technology for existing
energy generating plants, or projects to provide electric
transmission facilities or new gasification facilities.
(iii) "Energy Efficiency Project" means measures that
reduce the amount of electricity or natural gas required to
achieve a given end use, consistent with Section 1-10 of
the Illinois Power Agency Act. "Energy Efficiency Project"
also includes measures that reduce the total Btus of
electricity and natural gas needed to meet the end use or
uses consistent with Section 1-10 of the Illinois Power
Agency Act.
(iv) "Renewable Energy Project" means (A) a project
that uses renewable energy resources, as defined in Section
1-10 of the Illinois Power Agency Act; (B) a project that
uses environmentally preferable technologies and practices
that result in improvements to the production of renewable
fuels, including but not limited to, cellulosic
conversion, water and energy conservation, fractionation,
alternative feedstocks, or reduced greenhouse green house
gas emissions; (C) transmission lines and associated
equipment that transfer electricity from points of supply
to points of delivery for projects described in this
subsection (b); or (D) projects that use technology for the
storage of renewable energy, including, without
limitation, the use of battery or electrochemical storage
technology for mobile or stationary applications.
(c) Creation of reserve funds. The Authority may establish
and maintain one or more reserve funds to enhance bonds issued
by the Authority for a Clean Coal Project, a Coal Project, an
Energy Efficiency Project, or a Renewable Energy Project. There
may be one or more accounts in these reserve funds in which
there may be deposited:
(1) any proceeds of the bonds issued by the Authority
required to be deposited therein by the terms of any
contract between the Authority and its bondholders or any
resolution of the Authority;
(2) any other moneys or funds of the Authority that it
may determine to deposit therein from any other source; and
(3) any other moneys or funds made available to the
Authority. Subject to the terms of any pledge to the owners
of any bonds, moneys in any reserve fund may be held and
applied to the payment of principal, premium, if any, and
interest of such bonds.
(d) Powers and duties. The Authority has the power:
(1) To issue bonds in one or more series pursuant to
one or more resolutions of the Authority for any Clean Coal
Project, Coal Project, Energy Efficiency Project, or
Renewable Energy Project authorized under this Section,
within the authorization set forth in subsection (e).
(2) To provide for the funding of any reserves or other
funds or accounts deemed necessary by the Authority in
connection with any bonds issued by the Authority.
(3) To pledge any funds of the Authority or funds made
available to the Authority that may be applied to such
purpose as security for any bonds or any guarantees,
letters of credit, insurance contracts or similar credit
support or liquidity instruments securing the bonds.
(4) To enter into agreements or contracts with third
parties, whether public or private, including, without
limitation, the United States of America, the State or any
department or agency thereof, to obtain any
appropriations, grants, loans or guarantees that are
deemed necessary or desirable by the Authority. Any such
guarantee, agreement or contract may contain terms and
provisions necessary or desirable in connection with the
program, subject to the requirements established by the
Act.
(5) To exercise such other powers as are necessary or
incidental to the foregoing.
(e) Clean Coal Project, Coal Project, Energy Efficiency
Project, and Renewable Energy Project bond authorization and
financing limits. In addition to any other bonds authorized to
be issued under Sections 801-40(w), 825-60, 830-25 and 845-5,
the Authority may have outstanding, at any time, bonds for the
purpose enumerated in this Section 825-65 in an aggregate
principal amount that shall not exceed $3,000,000,000, subject
to the following limitations: (i) up to $300,000,000 may be
issued to finance projects, as described in clause (C) of
subsection (b)(i) and clause (C) of subsection (b)(iv) of this
Section 825-65; (ii) up to $500,000,000 may be issued to
finance projects, as described in clauses (D) and (E) of
subsection (b)(i) of this Section 825-65; (iii) up to
$2,000,000,000 may be issued to finance Clean Coal Projects, as
described in clauses (A) and (B) of subsection (b)(i) of this
Section 825-65 and Coal Projects, as described in subsection
(b)(ii) of this Section 825-65; and (iv) up to $2,000,000,000
may be issued to finance Energy Efficiency Projects, as
described in subsection (b)(iii) of this Section 825-65 and
Renewable Energy Projects, as described in clauses (A), (B),
and (D) of subsection (b)(iii) of this Section 825-65. An
application for a loan financed from bond proceeds from a
borrower or its affiliates for a Clean Coal Project, a Coal
Project, Energy Efficiency Project, or a Renewable Energy
Project may not be approved by the Authority for an amount in
excess of $450,000,000 for any borrower or its affiliates. A
Clean Coal Project or Coal Project must be located within the
State. An Energy Efficiency Project may be located within the
State or outside the State, provided that, if the Energy
Efficiency Project is located outside of the State, it must be
owned, operated, leased, or managed by an entity located within
the State or any entity affiliated with an entity located
within the State. These bonds shall not constitute an
indebtedness or obligation of the State of Illinois and it
shall be plainly stated on the face of each bond that it does
not constitute an indebtedness or obligation of the State of
Illinois, but is payable solely from the revenues, income or
other assets of the Authority pledged therefor.
(f) The bonding authority granted under this Section is in
addition to and not limited by the provisions of Section 845-5.
(Source: P.A. 98-90, eff. 7-15-13; revised 9-8-16.)
(20 ILCS 3501/Art. 835 heading)
ARTICLE 835 .
VETERANS ASSISTANCE
(Source: P.A. 99-509, eff. 6-24-16; revised 10-26-16.)
Section 165. The Alton Lake Heritage Parkway Corridor Law
is amended by changing Section 1005 as follows:
(20 ILCS 3905/1005) (from Ch. 105, par. 905)
Sec. 1005. Advisory Commission. The State of Illinois, in
carrying forward its duties to preserve or enhance the quality
of this Parkway Corridor, shall establish the Alton Lake
Heritage Parkway Advisory Commission. Beginning on January 1,
1994 (the effective date of Public Act 88-274) this amendatory
Act of 1993, the Commission shall be known as, and its name
shall be changed to, the Alton Lake Heritage Parkway Corridor
Advisory Commission.
The Commission shall consist of 10 members, one each from
Alton and Godfrey Townships in Madison County, one each from
Quarry and Elsah Townships in Jersey County, one each from the
cities of Alton, Elsah, and Grafton, one from the Village of
Godfrey, and one each from Madison and Jersey Counties. The
Supervisor of each Township, the Mayor of each municipality,
and the County Board Chairman of each county shall appoint the
members from their respective township, municipality, or
county. The Mississippi River Parkway Advisory Council shall
serve as a technical advisory body to the Commission.
The Commission will develop a land management plan that it
will recommend to the General Assembly by November 1, 1992.
The plan shall be subject to a public informational meeting
prior to it being sent to the General Assembly. Thereafter the
Commission is authorized to facilitate, coordinate, make
recommendations for implementing, and assist in implementing
the land management plan in the parkway corridor and its
viewshed, conservation, and open land-agricultural cores.
The Commission may raise, accept, and expend funds from
public and private sources for the purpose of developing,
facilitating and coordinating and making recommendations for
the implementation of, and assisting in the implementation of,
the land management plan in the parkway corridor.
Using funds that it receives as authorized by this Section,
the Commission may select and contract with a multidiscipline
design consultant to assist the Commission in the design and
development of the parkway corridor.
The Commission is authorized to cooperate with
not-for-profit corporations empowered to establish trusts to
acquire and hold title to scenic easements and other interests
in land for the purposes of this Article and implementation of
the land management plan in the parkway corridor.
(Source: P.A. 87-215; 87-867; 87-964; 88-45; 88-274; revised
9-19-16.)
Section 170. The Illinois Health Facilities Planning Act is
amended by changing Section 8.5 as follows:
(20 ILCS 3960/8.5)
(Section scheduled to be repealed on December 31, 2019)
Sec. 8.5. Certificate of exemption for change of ownership
of a health care facility; discontinuation of a health care
facility or category of service; public notice and public
hearing.
(a) Upon a finding that an application for a change of
ownership is complete, the State Board shall publish a legal
notice on one day in a newspaper of general circulation in the
area or community to be affected and afford the public an
opportunity to request a hearing. If the application is for a
facility located in a Metropolitan Statistical Area, an
additional legal notice shall be published in a newspaper of
limited circulation, if one exists, in the area in which the
facility is located. If the newspaper of limited circulation is
published on a daily basis, the additional legal notice shall
be published on one day. The applicant shall pay the cost
incurred by the Board in publishing the change of ownership
notice in newspapers as required under this subsection. The
legal notice shall also be posted on the Health Facilities and
Services Review Board's web site and sent to the State
Representative and State Senator of the district in which the
health care facility is located. An application for change of
ownership of a hospital shall not be deemed complete without a
signed certification that for a period of 2 years after the
change of ownership transaction is effective, the hospital will
not adopt a charity care policy that is more restrictive than
the policy in effect during the year prior to the transaction.
An application for a change of ownership need not contain
signed transaction documents so long as it includes the
following key terms of the transaction: names and background of
the parties; structure of the transaction; the person who will
be the licensed or certified entity after the transaction; the
ownership or membership interests in such licensed or certified
entity both prior to and after the transaction; fair market
value of assets to be transferred; and the purchase price or
other form of consideration to be provided for those assets.
The issuance of the certificate of exemption shall be
contingent upon the applicant submitting a statement to the
Board within 90 days after the closing date of the transaction,
or such longer period as provided by the Board, certifying that
the change of ownership has been completed in accordance with
the key terms contained in the application. If such key terms
of the transaction change, a new application shall be required.
Where a change of ownership is among related persons, and
there are no other changes being proposed at the health care
facility that would otherwise require a permit or exemption
under this Act, the applicant shall submit an application
consisting of a standard notice in a form set forth by the
Board briefly explaining the reasons for the proposed change of
ownership. Once such an application is submitted to the Board
and reviewed by the Board staff, the Board Chair shall take
action on an application for an exemption for a change of
ownership among related persons within 45 days after the
application has been deemed complete, provided the application
meets the applicable standards under this Section. If the Board
Chair has a conflict of interest or for other good cause, the
Chair may request review by the Board. Notwithstanding any
other provision of this Act, for purposes of this Section, a
change of ownership among related persons means a transaction
where the parties to the transaction are under common control
or ownership before and after the transaction is completed.
Nothing in this Act shall be construed as authorizing the
Board to impose any conditions, obligations, or limitations,
other than those required by this Section, with respect to the
issuance of an exemption for a change of ownership, including,
but not limited to, the time period before which a subsequent
change of ownership of the health care facility could be
sought, or the commitment to continue to offer for a specified
time period any services currently offered by the health care
facility.
(a-3) Upon a finding that an application to close a health
care facility is complete, the State Board shall publish a
legal notice on 3 consecutive days in a newspaper of general
circulation in the area or community to be affected and afford
the public an opportunity to request a hearing. If the
application is for a facility located in a Metropolitan
Statistical Area, an additional legal notice shall be published
in a newspaper of limited circulation, if one exists, in the
area in which the facility is located. If the newspaper of
limited circulation is published on a daily basis, the
additional legal notice shall be published on 3 consecutive
days. The legal notice shall also be posted on the Health
Facilities and Services Review Board's web site and sent to the
State Representative and State Senator of the district in which
the health care facility is located. In addition, the health
care facility shall provide notice of closure to the local
media that the health care facility would routinely notify
about facility events. No later than 90 days after a
discontinuation of a health facility, the applicant must submit
a statement to the State Board certifying that the
discontinuation is complete.
(a-5) Upon a finding that an application to discontinue a
category of service is complete and provides the requested
information, as specified by the State Board, an exemption
shall be issued. No later than 30 days after the issuance of
the exemption, the health care facility must give written
notice of the discontinuation of the category of service to the
State Senator and State Representative serving the legislative
district in which the health care facility is located. No later
than 90 days after a discontinuation of a category of service,
the applicant must submit a statement to the State Board
certifying that the discontinuation is complete.
(b) If a public hearing is requested, it shall be held at
least 15 days but no more than 30 days after the date of
publication of the legal notice in the community in which the
facility is located. The hearing shall be held in the affected
area or community in a place of reasonable size and
accessibility and a full and complete written transcript of the
proceedings shall be made. All interested persons attending the
hearing shall be given a reasonable opportunity to present
their positions in writing or orally. The applicant shall
provide a summary of the proposal for distribution at the
public hearing.
(c) For the purposes of this Section "newspaper of limited
circulation" means a newspaper intended to serve a particular
or defined population of a specific geographic area within a
Metropolitan Statistical Area such as a municipality, town,
village, township, or community area, but does not include
publications of professional and trade associations.
(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15;
99-527, eff. 1-1-17; 99-551, eff. 7-15-16; revised 9-13-16.)
Section 175. The Illinois Latino Family Commission Act is
amended by changing Section 5 as follows:
(20 ILCS 3983/5)
Sec. 5. Legislative findings Findings. It is the policy of
this State to promote family preservation and to strengthen
families.
Latinos are well represented among the families of
Illinois. The Illinois Latino population is the fifth largest
in the nation. Over 14% of the estimated 12,000,000 people that
live in Illinois are Latinos. According to the 2000 Census
figures, more than 1,750,000 Latinos make Illinois their home.
This figure represents a 69.2% increase from the 1990 Census
figures compared to about 3.5% for non-Latinos. The Latino
population explosion accounted for two-thirds of the total
population change in Illinois and it is visible throughout the
State.
In Cook County alone, the Latino population has increased
to about 1,071,740. In the 6 county region including Cook
County, nearly 69% of new residents were Hispanic. Roughly
23.7% of Kane County residents are Latino. In Lake County,
Latinos make up 14.4% of the total county population.
Latinos are not only the fastest growing ethnic group in
the State, they are also the youngest. The median age for
Latinos in Illinois is 25, compared to 36 for non-Latinos.
Despite unprecedented population growth, Latinos lag behind in
major indicators of well-being relative to education, health,
employment, and child welfare, as well as representation
throughout the State. Moreover, Latino children and families
present unique linguistic, cultural, and immigration issues
for the State.
Latinos have a well-established presence in the child
welfare system. Of the total 86,973 children that were reported
abused or neglected in Fiscal Year 2001, about 8,442 or 9.7%
were Hispanic children. About 25% of these hotline reports were
indicated, for a total of 2,155 Latino children in Fiscal Year
2001. As of August 2003, there were about 1,367 open Latino
child abuse cases in Illinois. This figure is only slightly
lower than the 1,491 open Latino child cases reported for the
previous fiscal year. Hispanic cases make up about 6% of all
open child cases (excluding adoption assistance and home of
parent living arrangement). Latino families receiving services
make up about 16% of all intact family cases. It is estimated
that between 60% and 80% of all Latino families involved with
the Illinois Department of Children Child and Family Services
(IDCFS) will need bilingual services at some point during the
time their case is open. However, IDCFS struggles to meet the
demand for bilingual services. There are similar examples
throughout the State demonstrating that Illinois lacks a
unified and comprehensive strategy for addressing the unique
needs of Latino families.
Latino families remain outside of the margins of
opportunities in the State. There are tremendous challenges
faced by Latino families and children in the State. Clearly,
the growing Latino presence demands that government, child and
family advocates, and other key stakeholders come together to
identify and implement policy strategies that can create an
infrastructure of support for Latino families in the State.
Building this needed infrastructure of policies must involve
multiple State agencies. The Illinois Latino Family Commission
shall lead the effort, advising the Governor and assisting
State agencies with this task.
(Source: P.A. 95-619, eff. 9-14-07; revised 9-16-16.)
Section 180. The Fair Practices in Contracting Task Force
Act is amended by changing Section 5 as follows:
(20 ILCS 5080/5)
(Section scheduled to be repealed on January 2, 2019)
Sec. 5. Purpose and members.
(a) There is created the Fair Practices in Contracting Task
Force to:
(1) thoroughly survey African-American-owned business
participation in State procurement;
(2) study African-American-owned subcontractors'
ability to be paid in a timely manner and the communication
processes between subcontractors and prime contractors and
the State;
(3) research solutions and methods to address the
disparity in procurement awards; and
(4) produce a final report summarizing the Task Force's
findings and detailing recommended statutory or
constitutional strategies to recognize best practices.
(b) The Task Force shall consist of the following members:
(1) One member of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(2) One member of the House of Representatives,
appointed by the Minority Leader of the House of
Representatives;
(3) One member of the Senate, appointed by the
President of the Senate;
(4) One member of the Senate, appointed by the Minority
Leader of the Senate;
(5) Four members appointed by the Governor, 3 of whom
must be from the Department of Central Management Services,
the Department of Transportation, or the Department of
Healthcare Health and Family Services, and one of whom must
be a member of the Illinois African-American Family
Commission; and
(6) Four members of the public, representing
minority-owned businesses, appointed by the Governor.
(c) Members shall serve without compensation.
(Source: P.A. 99-451, eff. 6-1-16; revised 9-12-16.)
Section 185. The Judicial Note Act is amended by changing
Section 2 as follows:
(25 ILCS 60/2) (from Ch. 63, par. 42.62)
Sec. 2. The sponsor of each bill referred to in Section 1,
shall present a copy of the bill, with his requirements for a
judicial note, to the Supreme Court. The judicial note shall be
prepared by the Supreme Court and furnished to the sponsor of
the bill within 5 calendar days thereafter; except that
whenever, because of the complexity of the measure, additional
time is required for the preparation of the judicial note the
Supreme Court may so inform the sponsor of the bill and he may
approve an extension of the time within which the note should
be furnished, not to extend, however, beyond June 15 the odd
numbered year following the date of request. Whenever any
measure by which a judicial note is requested affects effects
more than one county, circuit, or judicial district, such
effect must be set forth in the judicial note.
(Source: P.A. 84-1395; revised 9-6-16.)
Section 190. The Housing Affordability Impact Note Act is
amended by changing Section 10 as follows:
(25 ILCS 82/10)
Sec. 10. Preparation. The sponsor of each bill, or the
agency proposing a rule, to which Section Sec. 5 applies, shall
present a copy of the bill or proposed rule, with the request
for a housing affordability impact note, to the Illinois
Housing Development Authority. The housing affordability
impact note shall be prepared by the Illinois Housing
Development Authority and submitted to the sponsor of the bill
or the agency within 5 calendar days, except that whenever,
because of the complexity of the measure, additional time is
required for the preparation of the housing affordability
impact note, the Illinois Housing Development Authority may
inform the sponsor of the bill or the agency, and the sponsor
or agency may approve an extension of the time within which the
note is to be submitted, not to extend, however, beyond June
15, following the date of the request. The Illinois Housing
Development Authority may seek assistance from a Statewide
trade organization representing the real estate or home
building industry in the preparation of a housing affordability
impact note. If, in the opinion of the Illinois Housing
Development Authority, there is insufficient information to
prepare a reliable estimate of the anticipated impact, a
statement to that effect can be filed and shall meet the
requirements of this Act.
(Source: P.A. 87-1149; 88-61; revised 9-7-16.)
Section 195. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.595 and
5.875 and by changing Sections 6z-9 and 8g as follows:
(30 ILCS 105/5.595)
Sec. 5.595. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-576,
eff. 7-15-16.)
(30 ILCS 105/5.595a)
Sec. 5.595a 5.595. The Local Legacy Fund.
(Source: P.A. 93-328, eff. 1-1-04; revised 10-4-16.)
(30 ILCS 105/5.874)
Sec. 5.874 5.875. The Child Bereavement Fund.
(Source: P.A. 99-703, eff. 7-29-16; revised 10-4-16.)
(30 ILCS 105/5.875)
Sec. 5.875. The Roadside Monarch Habitat Fund.
(Source: P.A. 99-723, eff. 8-5-16.)
(30 ILCS 105/5.876)
Sec. 5.876 5.875. The State Military Justice Fund.
(Source: P.A. 99-796, eff. 1-1-17; revised 10-4-16.)
(30 ILCS 105/6z-9) (from Ch. 127, par. 142z-9)
Sec. 6z-9. (a) The Build Illinois Fund is created in the
State Treasury. All tax revenues and other moneys from whatever
source which by law are required to be deposited in the Build
Illinois Fund shall be paid into the Build Illinois Fund upon
their collection, payment or other receipt as provided by law,
including the pledge set forth in Section 12 of the Build
Illinois Bond Act. All tax revenues and other moneys paid into
the Build Illinois Fund shall be promptly invested by the State
Treasurer in accordance with law, and all interest or other
earnings accruing or received thereon shall be credited to and
paid into the Build Illinois Fund. No tax revenues or other
moneys, interest or earnings paid into the Build Illinois Fund
shall be transferred or allocated by the Comptroller or
Treasurer to any other fund, nor shall the Governor authorize
any such transfer or allocation, nor shall any tax revenues or
other moneys, interest or earnings paid into the Build Illinois
Fund be used, temporarily or otherwise, for interfund
borrowing, or be otherwise used or appropriated, except as
expressly authorized and provided in Section 8.25 of this Act
for the sole purposes and subject to the priorities,
limitations and conditions prescribed therein.
(b) The tax revenues and other moneys shall be paid into
the Build Illinois Fund pursuant to Section 6z-17 of this Act,
Section 28 of the "Illinois Horse Racing Act of 1975", as
amended, Section 9 of the "Use Tax Act", as amended, Section 9
of the "Service Use Tax Act", as amended, Section 9 of the
"Service Occupation Tax Act", as amended, Section 3 of the
"Retailers' Occupation Tax Act", as amended, Section 4.05 of
the "Chicago World's Fair - 1992 Authority Act", as amended,
and Sections 3 and 6 of the "The Hotel Operators' Occupation
Tax Act", as amended.
(Source: P.A. 91-51, eff. 6-30-99; revised 9-8-16.)
(30 ILCS 105/8g)
Sec. 8g. Fund transfers.
(a) In addition to any other transfers that may be provided
for by law, as soon as may be practical after June 9, 1999 (the
effective date of Public Act 91-25) this amendatory Act of the
91st General Assembly, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $10,000,000 from
the General Revenue Fund to the Motor Vehicle License Plate
Fund created by Public Act 91-37 Senate Bill 1028 of the 91st
General Assembly.
(b) In addition to any other transfers that may be provided
for by law, as soon as may be practical after June 9, 1999 (the
effective date of Public Act 91-25) this amendatory Act of the
91st General Assembly, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $25,000,000 from
the General Revenue Fund to the Fund for Illinois' Future
created by Public Act 91-38 Senate Bill 1066 of the 91st
General Assembly.
(c) In addition to any other transfers that may be provided
for by law, on August 30 of each fiscal year's license period,
the Illinois Liquor Control Commission shall direct and the
State Comptroller and State Treasurer shall transfer from the
General Revenue Fund to the Youth Alcoholism and Substance
Abuse Prevention Fund an amount equal to the number of retail
liquor licenses issued for that fiscal year multiplied by $50.
(d) The payments to programs required under subsection (d)
of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
be made, pursuant to appropriation, from the special funds
referred to in the statutes cited in that subsection, rather
than directly from the General Revenue Fund.
Beginning January 1, 2000, on the first day of each month,
or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall transfer
from the General Revenue Fund to each of the special funds from
which payments are to be made under Section 28.1(d) of the
Illinois Horse Racing Act of 1975 an amount equal to 1/12 of
the annual amount required for those payments from that special
fund, which annual amount shall not exceed the annual amount
for those payments from that special fund for the calendar year
1998. The special funds to which transfers shall be made under
this subsection (d) include, but are not necessarily limited
to, the Agricultural Premium Fund; the Metropolitan
Exposition, Auditorium and Office Building Fund; the Fair and
Exposition Fund; the Illinois Standardbred Breeders Fund; the
Illinois Thoroughbred Breeders Fund; and the Illinois
Veterans' Rehabilitation Fund.
(e) In addition to any other transfers that may be provided
for by law, as soon as may be practical after May 17, 2000 (the
effective date of Public Act 91-704) this amendatory Act of the
91st General Assembly, but in no event later than June 30,
2000, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $15,000,000 from the
General Revenue Fund to the Fund for Illinois' Future.
(f) In addition to any other transfers that may be provided
for by law, as soon as may be practical after May 17, 2000 (the
effective date of Public Act 91-704) this amendatory Act of the
91st General Assembly, but in no event later than June 30,
2000, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $70,000,000 from the
General Revenue Fund to the Long-Term Care Provider Fund.
(f-1) In fiscal year 2002, in addition to any other
transfers that may be provided for by law, at the direction of
and upon notification from the Governor, the State Comptroller
shall direct and the State Treasurer shall transfer amounts not
exceeding a total of $160,000,000 from the General Revenue Fund
to the Long-Term Care Provider Fund.
(g) In addition to any other transfers that may be provided
for by law, on July 1, 2001, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(h) In each of fiscal years 2002 through 2004, but not
thereafter, in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and the
State Treasurer shall transfer $5,000,000 from the General
Revenue Fund to the Tourism Promotion Fund.
(i) On or after July 1, 2001 and until May 1, 2002, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2002.
(i-1) On or after July 1, 2002 and until May 1, 2003, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2003.
(j) On or after July 1, 2001 and no later than June 30,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
From the General Revenue Fund.................$8,450,000
From the Public Utility Fund..................1,700,000
From the Transportation Regulatory Fund.......2,650,000
From the Title III Social Security and
Employment Fund..............................3,700,000
From the Professions Indirect Cost Fund.......4,050,000
From the Underground Storage Tank Fund........550,000
From the Agricultural Premium Fund............750,000
From the State Pensions Fund..................200,000
From the Road Fund............................2,000,000
From the Illinois Health Facilities
Planning Fund................................1,000,000
From the Savings and Residential Finance
Regulatory Fund..............................130,800
From the Appraisal Administration Fund........28,600
From the Pawnbroker Regulation Fund...........3,600
From the Auction Regulation
Administration Fund..........................35,800
From the Bank and Trust Company Fund..........634,800
From the Real Estate License
Administration Fund..........................313,600
(k) In addition to any other transfers that may be provided
for by law, as soon as may be practical after December 20, 2001
(the effective date of Public Act 92-505) this amendatory Act
of the 92nd General Assembly, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$2,000,000 from the General Revenue Fund to the Teachers Health
Insurance Security Fund.
(k-1) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-2) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-3) On or after July 1, 2002 and no later than June 30,
2003, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
Appraisal Administration Fund.................$150,000
General Revenue Fund..........................10,440,000
Savings and Residential Finance
Regulatory Fund...........................200,000
State Pensions Fund...........................100,000
Bank and Trust Company Fund...................100,000
Professions Indirect Cost Fund................3,400,000
Public Utility Fund...........................2,081,200
Real Estate License Administration Fund.......150,000
Title III Social Security and
Employment Fund...........................1,000,000
Transportation Regulatory Fund................3,052,100
Underground Storage Tank Fund.................50,000
(l) In addition to any other transfers that may be provided
for by law, on July 1, 2002, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(m) In addition to any other transfers that may be provided
for by law, on July 1, 2002 and on January 8, 2004 (the
effective date of Public Act 93-648) this amendatory Act of the
93rd General Assembly, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(n) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,800,000 from the General
Revenue Fund to the DHS Recoveries Trust Fund.
(o) On or after July 1, 2003, and no later than June 30,
2004, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Vehicle Inspection Fund:
From the Underground Storage Tank Fund .......$35,000,000.
(p) On or after July 1, 2003 and until May 1, 2004, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon notification
from the Governor, but in any event on or before June 30, 2004.
(q) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Illinois Military Family Relief Fund.
(r) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,922,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(s) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$4,800,000 from the Statewide Economic Development Fund to the
General Revenue Fund.
(t) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$50,000,000 from the General Revenue Fund to the Budget
Stabilization Fund.
(u) On or after July 1, 2004 and until May 1, 2005, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2005.
(v) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(w) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,445,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(x) In addition to any other transfers that may be provided
for by law, on January 15, 2005, or as soon thereafter as may
be practical, the State Comptroller shall direct and the State
Treasurer shall transfer to the General Revenue Fund the
following sums:
From the State Crime Laboratory Fund, $200,000;
From the State Police Wireless Service Emergency Fund,
$200,000;
From the State Offender DNA Identification System
Fund, $800,000; and
From the State Police Whistleblower Reward and
Protection Fund, $500,000.
(y) Notwithstanding any other provision of law to the
contrary, in addition to any other transfers that may be
provided for by law on June 30, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the remaining balance from
the designated funds into the General Revenue Fund and any
future deposits that would otherwise be made into these funds
must instead be made into the General Revenue Fund:
(1) the Keep Illinois Beautiful Fund;
(2) the Metropolitan Fair and Exposition Authority
Reconstruction Fund;
(3) the New Technology Recovery Fund;
(4) the Illinois Rural Bond Bank Trust Fund;
(5) the ISBE School Bus Driver Permit Fund;
(6) the Solid Waste Management Revolving Loan Fund;
(7) the State Postsecondary Review Program Fund;
(8) the Tourism Attraction Development Matching Grant
Fund;
(9) the Patent and Copyright Fund;
(10) the Credit Enhancement Development Fund;
(11) the Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust
Fund;
(12) the Nursing Home Grant Assistance Fund;
(13) the By-product Material Safety Fund;
(14) the Illinois Student Assistance Commission Higher
EdNet Fund;
(15) the DORS State Project Fund;
(16) the School Technology Revolving Fund;
(17) the Energy Assistance Contribution Fund;
(18) the Illinois Building Commission Revolving Fund;
(19) the Illinois Aquaculture Development Fund;
(20) the Homelessness Prevention Fund;
(21) the DCFS Refugee Assistance Fund;
(22) the Illinois Century Network Special Purposes
Fund; and
(23) the Build Illinois Purposes Fund.
(z) In addition to any other transfers that may be provided
for by law, on July 1, 2005, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(aa) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $9,000,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
(bb) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $6,803,600 from
the General Revenue Fund to the Securities Audit and
Enforcement Fund.
(cc) In addition to any other transfers that may be
provided for by law, on or after July 1, 2005 and until May 1,
2006, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2006.
(dd) In addition to any other transfers that may be
provided for by law, on April 1, 2005, or as soon thereafter as
may be practical, at the direction of the Director of Public
Aid (now Director of Healthcare and Family Services), the State
Comptroller shall direct and the State Treasurer shall transfer
from the Public Aid Recoveries Trust Fund amounts not to exceed
$14,000,000 to the Community Mental Health Medicaid Trust Fund.
(ee) Notwithstanding any other provision of law, on July 1,
2006, or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the Illinois Civic Center Bond Fund to
the Illinois Civic Center Bond Retirement and Interest Fund.
(ff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Director of the Governor's Office of Management and Budget, the
State Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $1,900,000 from the
General Revenue Fund to the Illinois Capital Revolving Loan
Fund.
(gg) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until May 1,
2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2007.
(hh) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.................$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ii) In addition to any other transfers that may be
provided for by law, on or before August 31, 2006, the Governor
and the State Comptroller may agree to transfer the surplus
cash balance from the General Revenue Fund to the Budget
Stabilization Fund and the Pension Stabilization Fund in equal
proportions. The determination of the amount of the surplus
cash balance shall be made by the Governor, with the
concurrence of the State Comptroller, after taking into account
the June 30, 2006 balances in the general funds and the actual
or estimated spending from the general funds during the lapse
period. Notwithstanding the foregoing, the maximum amount that
may be transferred under this subsection (ii) is $50,000,000.
(jj) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(kk) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(ll) In addition to any other transfers that may be
provided for by law, on the first day of each calendar quarter
of the fiscal year beginning July 1, 2006, or as soon
thereafter as practical, the State Comptroller shall direct and
the State Treasurer shall transfer from the General Revenue
Fund amounts equal to one-fourth of $20,000,000 to the
Renewable Energy Resources Trust Fund.
(mm) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
(nn) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
(oo) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts identified as net receipts
from the sale of all or part of the Illinois Student Assistance
Commission loan portfolio from the Student Loan Operating Fund
to the General Revenue Fund. The maximum amount that may be
transferred pursuant to this Section is $38,800,000. In
addition, no transfer may be made pursuant to this Section that
would have the effect of reducing the available balance in the
Student Loan Operating Fund to an amount less than the amount
remaining unexpended and unreserved from the total
appropriations from the Fund estimated to be expended for the
fiscal year. The State Treasurer and Comptroller shall transfer
the amounts designated under this Section as soon as may be
practical after receiving the direction to transfer from the
Governor.
(pp) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
(qq) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until May 1,
2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2008.
(rr) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until June
30, 2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.................$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ss) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(tt) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(uu) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
(vv) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
(ww) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,500,000 from the General
Revenue Fund to the Predatory Lending Database Program Fund.
(xx) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(yy) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Infrastructure
Fund.
(zz) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(aaa) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until May 1,
2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2009.
(bbb) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until June
30, 2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.............$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ccc) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(ddd) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(eee) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(fff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2009 and until May 1,
2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2010.
(ggg) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(hhh) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(iii) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
(jjj) In addition to any other transfers that may be
provided for by law, on and after July 1, 2009 and until June
30, 2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$17,000,000 from the General Revenue Fund to the DCFS
Children's Services Fund.
(lll) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
(mmm) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $9,700,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(nnn) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $565,000 from the FY09
Budget Relief Fund to the Horse Racing Fund.
(ooo) In addition to any other transfers that may be
provided by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $600,000 from the General
Revenue Fund to the Temporary Relocation Expenses Revolving
Fund.
(ppp) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(qqq) In addition to any other transfers that may be
provided for by law, on and after July 1, 2010 and until May 1,
2011, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2011.
(rrr) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,675,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(sss) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(ttt) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
(uuu) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
(vvv) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Illinois Capital Revolving Loan Fund.
(www) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $17,000,000 from the
General Revenue Fund to the DCFS Children's Services Fund.
(xxx) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the Digital
Divide Elimination Infrastructure Fund, of which $1,000,000
shall go to the Workforce, Technology, and Economic Development
Fund and $1,000,000 to the Public Utility Fund.
(yyy) In addition to any other transfers that may be
provided for by law, on and after July 1, 2011 and until May 1,
2012, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2012.
(zzz) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
(aaaa) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(bbbb) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(cccc) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $14,100,000 from the
General Revenue Fund to the State Garage Revolving Fund.
(dddd) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(eeee) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(Source: P.A. 96-45, eff. 7-15-09; 96-820, eff. 11-18-09;
96-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-641, eff. 12-19-11;
revised 9-8-16.)
Section 200. The Natural Heritage Fund Act is amended by
changing Section 5 as follows:
(30 ILCS 150/5) (from Ch. 105, par. 735)
Sec. 5. Interest proceeds Proceeds. The Governor shall
request and the General Assembly may annually appropriate from
the Natural Heritage Fund an amount not to exceed to the annual
investment income earned by the Trust Fund to the Department
and any portion of the investment income earned in preceding
years that was not transferred for the purposes set forth in
Section 4. Upon the Director's request, the Comptroller and the
State Treasurer shall transfer amounts not to exceed the actual
investment income earned from the Trust Fund to the Natural
Heritage Fund from time to time as needed for expenditures from
the Natural Heritage Fund in accordance with appropriations.
(Source: P.A. 87-1197; revised 9-7-16.)
Section 205. The Illinois Procurement Code is amended by
changing Sections 40-30 and 45-67 as follows:
(30 ILCS 500/40-30)
Sec. 40-30. Purchase option. Initial leases of all space in
entire, free-standing buildings shall include an option to
purchase exercisable exerciseable by the State, unless the
purchasing officer determines that inclusion of such purchase
option is not in the State's best interest and makes that
determination in writing along with the reasons for making that
determination and publishes the written determination in the
appropriate volume of the Illinois Procurement Bulletin.
Leases from governmental units and not-for-profit entities are
exempt from the requirements of this Section.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
9-9-16.)
(30 ILCS 500/45-67)
Sec. 45-67. Encouragement to hire qualified veterans. A
chief procurement officer may, as part of any solicitation,
encourage potential contractors to consider hiring qualified
veterans and to notify them of any available financial
incentives or other advantages associated with hiring such
persons. In establishing internal guidelines in furtherance of
this Section, the Department of Central Management Services may
work with an interagency advisory committee consisting of
representatives from the Department of Veterans' Veterans
Affairs, the Department of Employment Security, the Department
of Commerce and Economic Opportunity, and the Department of
Revenue and consisting of 8 members of the General Assembly, 2
of whom are appointed by the Speaker of the House of
Representatives, 2 of whom are appointed by the President of
the Senate, 2 of whom are appointed by the Minority Leader of
the House of Representatives, and 2 of whom are appointed by
the Minority Leader of the Senate.
For the purposes of this Section, "qualified veteran" means
an Illinois resident who: (i) was a member of the Armed Forces
of the United States, a member of the Illinois National Guard,
or a member of any reserve component of the Armed Forces of the
United States; (ii) served on active duty in connection with
Operation Desert Storm, Operation Enduring Freedom, or
Operation Iraqi Freedom; and (iii) was honorably discharged.
The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by chief procurement
officers and the Department of Central Management Services to
encourage potential contractors to consider hiring qualified
veterans. The report must include the number of vendors who
have hired qualified veterans.
(Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.)
Section 210. The Grant Accountability and Transparency Act
is amended by changing Section 75 as follows:
(30 ILCS 708/75)
(Section scheduled to be repealed on July 16, 2020)
Sec. 75. State program exceptions.
(a) With the exception of the audit requirements set forth
in 2 CFR 200.102, exceptions may be allowed for classes of
State or federal pass-through awards or non-federal entities
subject to the requirements of this Act when such exceptions
are not prohibited by State or federal law. However, in the
interest of maximum uniformity, exceptions from the
requirements of this Act shall be permitted only in unusual or
exceptional circumstances.
(b) The Governor's Office of Management and Budget, with
the advice and technical assistance of the Illinois Single
Audit Commission, shall adopt rules governing the criteria that
shall be used to determine when an exception may be issued. The
Governor's Office of Management and Budget shall publish any
allowed exceptions in the Catalog Catalogue of State Financial
Assistance within 30 days of the exception being allowed.
(Source: P.A. 98-706, eff. 7-16-14; revised 9-9-16.)
Section 215. The State Mandates Act is amended by changing
Sections 7 and 8.40 as follows:
(30 ILCS 805/7) (from Ch. 85, par. 2207)
Sec. 7. Review of existing mandates.
(a) Beginning with the 2019 catalog and every other year
thereafter, concurrently with, or within 3 months subsequent to
the publication of a catalog of State mandates as prescribed in
subsection (b) of Section 4, the Department shall submit to the
Governor and the General Assembly a review and report on
mandates enacted in the previous 2 years and remaining in
effect at the time of submittal of the report. The Department
may fulfill its responsibilities for compiling the report by
entering into a contract for service.
Beginning with the 2017 catalog and every 10 years
thereafter, concurrently with, or within 3 months subsequent to
the publication of a catalog of State mandates as prescribed in
subsection (b) of Section 4, the Department shall submit to the
Governor and the General Assembly a review and report on all
effective mandates at the time of submittal of the reports.
(b) The report shall include for each mandate the factual
information specified in subsection (b) of Section 4 for the
catalog. The report may also include the following: (1) extent
to which the enactment of the mandate was requested, supported,
encouraged or opposed by local governments or their respective
organization; (2) whether the mandate continues to meet a
Statewide policy objective or has achieved the initial policy
intent in whole or in part; (3) amendments if any are required
to make the mandate more effective; (4) whether the mandate
should be retained or rescinded; (5) whether State financial
participation in helping meet the identifiable increased local
costs arising from the mandate should be initiated, and if so,
recommended ratios and phasing-in schedules; and (6) any other
information or recommendations which the Department considers
pertinent; and (7) any comments about the mandate submitted by
affected units of government.
(c) The appropriate committee of each house of the General
Assembly shall review the report and shall initiate such
legislation or other action as it deems necessary.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader, the
Secretary of the Senate, the members of the committees required
to review the report under subsection (c) and the Legislative
Research Unit, as required by Section 3.1 of the General
Assembly Organization Act "An Act to revise the law in relation
to the General Assembly", approved February 25, 1874, as
amended, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
(Source: P.A. 99-789, eff. 8-12-16; revised 10-25-16.)
(30 ILCS 805/8.40)
Sec. 8.40. Exempt mandate.
(a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 99-683, 99-745, or 99-905
this amendatory Act of the 99th General Assembly.
(b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Section 40 of the State Police Act
and Section 10.19 of the Illinois Police Training Act.
(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;
99-745, eff. 8-5-16; 99-905, eff. 11-29-16; revised 12-7-16.)
Section 220. The Illinois Income Tax Act is amended by
changing Sections 304, 507GG, and 709.5 as follows:
(35 ILCS 5/304) (from Ch. 120, par. 3-304)
Sec. 304. Business income of persons other than residents.
(a) In general. The business income of a person other than
a resident shall be allocated to this State if such person's
business income is derived solely from this State. If a person
other than a resident derives business income from this State
and one or more other states, then, for tax years ending on or
before December 30, 1998, and except as otherwise provided by
this Section, such person's business income shall be
apportioned to this State by multiplying the income by a
fraction, the numerator of which is the sum of the property
factor (if any), the payroll factor (if any) and 200% of the
sales factor (if any), and the denominator of which is 4
reduced by the number of factors other than the sales factor
which have a denominator of zero and by an additional 2 if the
sales factor has a denominator of zero. For tax years ending on
or after December 31, 1998, and except as otherwise provided by
this Section, persons other than residents who derive business
income from this State and one or more other states shall
compute their apportionment factor by weighting their
property, payroll, and sales factors as provided in subsection
(h) of this Section.
(1) Property factor.
(A) The property factor is a fraction, the numerator of
which is the average value of the person's real and
tangible personal property owned or rented and used in the
trade or business in this State during the taxable year and
the denominator of which is the average value of all the
person's real and tangible personal property owned or
rented and used in the trade or business during the taxable
year.
(B) Property owned by the person is valued at its
original cost. Property rented by the person is valued at 8
times the net annual rental rate. Net annual rental rate is
the annual rental rate paid by the person less any annual
rental rate received by the person from sub-rentals.
(C) The average value of property shall be determined
by averaging the values at the beginning and ending of the
taxable year but the Director may require the averaging of
monthly values during the taxable year if reasonably
required to reflect properly the average value of the
person's property.
(2) Payroll factor.
(A) The payroll factor is a fraction, the numerator of
which is the total amount paid in this State during the
taxable year by the person for compensation, and the
denominator of which is the total compensation paid
everywhere during the taxable year.
(B) Compensation is paid in this State if:
(i) The individual's service is performed entirely
within this State;
(ii) The individual's service is performed both
within and without this State, but the service
performed without this State is incidental to the
individual's service performed within this State; or
(iii) Some of the service is performed within this
State and either the base of operations, or if there is
no base of operations, the place from which the service
is directed or controlled is within this State, or the
base of operations or the place from which the service
is directed or controlled is not in any state in which
some part of the service is performed, but the
individual's residence is in this State.
(iv) Compensation paid to nonresident professional
athletes.
(a) General. The Illinois source income of a
nonresident individual who is a member of a
professional athletic team includes the portion of the
individual's total compensation for services performed
as a member of a professional athletic team during the
taxable year which the number of duty days spent within
this State performing services for the team in any
manner during the taxable year bears to the total
number of duty days spent both within and without this
State during the taxable year.
(b) Travel days. Travel days that do not involve
either a game, practice, team meeting, or other similar
team event are not considered duty days spent in this
State. However, such travel days are considered in the
total duty days spent both within and without this
State.
(c) Definitions. For purposes of this subpart
(iv):
(1) The term "professional athletic team"
includes, but is not limited to, any professional
baseball, basketball, football, soccer, or hockey
team.
(2) The term "member of a professional
athletic team" includes those employees who are
active players, players on the disabled list, and
any other persons required to travel and who travel
with and perform services on behalf of a
professional athletic team on a regular basis.
This includes, but is not limited to, coaches,
managers, and trainers.
(3) Except as provided in items (C) and (D) of
this subpart (3), the term "duty days" means all
days during the taxable year from the beginning of
the professional athletic team's official
pre-season training period through the last game
in which the team competes or is scheduled to
compete. Duty days shall be counted for the year in
which they occur, including where a team's
official pre-season training period through the
last game in which the team competes or is
scheduled to compete, occurs during more than one
tax year.
(A) Duty days shall also include days on
which a member of a professional athletic team
performs service for a team on a date that does
not fall within the foregoing period (e.g.,
participation in instructional leagues, the
"All Star Game", or promotional "caravans").
Performing a service for a professional
athletic team includes conducting training and
rehabilitation activities, when such
activities are conducted at team facilities.
(B) Also included in duty days are game
days, practice days, days spent at team
meetings, promotional caravans, preseason
training camps, and days served with the team
through all post-season games in which the team
competes or is scheduled to compete.
(C) Duty days for any person who joins a
team during the period from the beginning of
the professional athletic team's official
pre-season training period through the last
game in which the team competes, or is
scheduled to compete, shall begin on the day
that person joins the team. Conversely, duty
days for any person who leaves a team during
this period shall end on the day that person
leaves the team. Where a person switches teams
during a taxable year, a separate duty-day
calculation shall be made for the period the
person was with each team.
(D) Days for which a member of a
professional athletic team is not compensated
and is not performing services for the team in
any manner, including days when such member of
a professional athletic team has been
suspended without pay and prohibited from
performing any services for the team, shall not
be treated as duty days.
(E) Days for which a member of a
professional athletic team is on the disabled
list and does not conduct rehabilitation
activities at facilities of the team, and is
not otherwise performing services for the team
in Illinois, shall not be considered duty days
spent in this State. All days on the disabled
list, however, are considered to be included in
total duty days spent both within and without
this State.
(4) The term "total compensation for services
performed as a member of a professional athletic
team" means the total compensation received during
the taxable year for services performed:
(A) from the beginning of the official
pre-season training period through the last
game in which the team competes or is scheduled
to compete during that taxable year; and
(B) during the taxable year on a date which
does not fall within the foregoing period
(e.g., participation in instructional leagues,
the "All Star Game", or promotional caravans).
This compensation shall include, but is not
limited to, salaries, wages, bonuses as described
in this subpart, and any other type of compensation
paid during the taxable year to a member of a
professional athletic team for services performed
in that year. This compensation does not include
strike benefits, severance pay, termination pay,
contract or option year buy-out payments,
expansion or relocation payments, or any other
payments not related to services performed for the
team.
For purposes of this subparagraph, "bonuses"
included in "total compensation for services
performed as a member of a professional athletic
team" subject to the allocation described in
Section 302(c)(1) are: bonuses earned as a result
of play (i.e., performance bonuses) during the
season, including bonuses paid for championship,
playoff or "bowl" games played by a team, or for
selection to all-star league or other honorary
positions; and bonuses paid for signing a
contract, unless the payment of the signing bonus
is not conditional upon the signee playing any
games for the team or performing any subsequent
services for the team or even making the team, the
signing bonus is payable separately from the
salary and any other compensation, and the signing
bonus is nonrefundable.
(3) Sales factor.
(A) The sales factor is a fraction, the numerator of
which is the total sales of the person in this State during
the taxable year, and the denominator of which is the total
sales of the person everywhere during the taxable year.
(B) Sales of tangible personal property are in this
State if:
(i) The property is delivered or shipped to a
purchaser, other than the United States government,
within this State regardless of the f. o. b. point or
other conditions of the sale; or
(ii) The property is shipped from an office, store,
warehouse, factory or other place of storage in this
State and either the purchaser is the United States
government or the person is not taxable in the state of
the purchaser; provided, however, that premises owned
or leased by a person who has independently contracted
with the seller for the printing of newspapers,
periodicals or books shall not be deemed to be an
office, store, warehouse, factory or other place of
storage for purposes of this Section. Sales of tangible
personal property are not in this State if the seller
and purchaser would be members of the same unitary
business group but for the fact that either the seller
or purchaser is a person with 80% or more of total
business activity outside of the United States and the
property is purchased for resale.
(B-1) Patents, copyrights, trademarks, and similar
items of intangible personal property.
(i) Gross receipts from the licensing, sale, or
other disposition of a patent, copyright, trademark,
or similar item of intangible personal property, other
than gross receipts governed by paragraph (B-7) of this
item (3), are in this State to the extent the item is
utilized in this State during the year the gross
receipts are included in gross income.
(ii) Place of utilization.
(I) A patent is utilized in a state to the
extent that it is employed in production,
fabrication, manufacturing, or other processing in
the state or to the extent that a patented product
is produced in the state. If a patent is utilized
in more than one state, the extent to which it is
utilized in any one state shall be a fraction equal
to the gross receipts of the licensee or purchaser
from sales or leases of items produced,
fabricated, manufactured, or processed within that
state using the patent and of patented items
produced within that state, divided by the total of
such gross receipts for all states in which the
patent is utilized.
(II) A copyright is utilized in a state to the
extent that printing or other publication
originates in the state. If a copyright is utilized
in more than one state, the extent to which it is
utilized in any one state shall be a fraction equal
to the gross receipts from sales or licenses of
materials printed or published in that state
divided by the total of such gross receipts for all
states in which the copyright is utilized.
(III) Trademarks and other items of intangible
personal property governed by this paragraph (B-1)
are utilized in the state in which the commercial
domicile of the licensee or purchaser is located.
(iii) If the state of utilization of an item of
property governed by this paragraph (B-1) cannot be
determined from the taxpayer's books and records or
from the books and records of any person related to the
taxpayer within the meaning of Section 267(b) of the
Internal Revenue Code, 26 U.S.C. 267, the gross
receipts attributable to that item shall be excluded
from both the numerator and the denominator of the
sales factor.
(B-2) Gross receipts from the license, sale, or other
disposition of patents, copyrights, trademarks, and
similar items of intangible personal property, other than
gross receipts governed by paragraph (B-7) of this item
(3), may be included in the numerator or denominator of the
sales factor only if gross receipts from licenses, sales,
or other disposition of such items comprise more than 50%
of the taxpayer's total gross receipts included in gross
income during the tax year and during each of the 2
immediately preceding tax years; provided that, when a
taxpayer is a member of a unitary business group, such
determination shall be made on the basis of the gross
receipts of the entire unitary business group.
(B-5) For taxable years ending on or after December 31,
2008, except as provided in subsections (ii) through (vii),
receipts from the sale of telecommunications service or
mobile telecommunications service are in this State if the
customer's service address is in this State.
(i) For purposes of this subparagraph (B-5), the
following terms have the following meanings:
"Ancillary services" means services that are
associated with or incidental to the provision of
"telecommunications services", including but not
limited to "detailed telecommunications billing",
"directory assistance", "vertical service", and "voice
mail services".
"Air-to-Ground Radiotelephone service" means a
radio service, as that term is defined in 47 CFR 22.99,
in which common carriers are authorized to offer and
provide radio telecommunications service for hire to
subscribers in aircraft.
"Call-by-call Basis" means any method of charging
for telecommunications services where the price is
measured by individual calls.
"Communications Channel" means a physical or
virtual path of communications over which signals are
transmitted between or among customer channel
termination points.
"Conference bridging service" means an "ancillary
service" that links two or more participants of an
audio or video conference call and may include the
provision of a telephone number. "Conference bridging
service" does not include the "telecommunications
services" used to reach the conference bridge.
"Customer Channel Termination Point" means the
location where the customer either inputs or receives
the communications.
"Detailed telecommunications billing service"
means an "ancillary service" of separately stating
information pertaining to individual calls on a
customer's billing statement.
"Directory assistance" means an "ancillary
service" of providing telephone number information,
and/or address information.
"Home service provider" means the facilities based
carrier or reseller with which the customer contracts
for the provision of mobile telecommunications
services.
"Mobile telecommunications service" means
commercial mobile radio service, as defined in Section
20.3 of Title 47 of the Code of Federal Regulations as
in effect on June 1, 1999.
"Place of primary use" means the street address
representative of where the customer's use of the
telecommunications service primarily occurs, which
must be the residential street address or the primary
business street address of the customer. In the case of
mobile telecommunications services, "place of primary
use" must be within the licensed service area of the
home service provider.
"Post-paid telecommunication service" means the
telecommunications service obtained by making a
payment on a call-by-call basis either through the use
of a credit card or payment mechanism such as a bank
card, travel card, credit card, or debit card, or by
charge made to a telephone number which is not
associated with the origination or termination of the
telecommunications service. A post-paid calling
service includes telecommunications service, except a
prepaid wireless calling service, that would be a
prepaid calling service except it is not exclusively a
telecommunication service.
"Prepaid telecommunication service" means the
right to access exclusively telecommunications
services, which must be paid for in advance and which
enables the origination of calls using an access number
or authorization code, whether manually or
electronically dialed, and that is sold in
predetermined units or dollars of which the number
declines with use in a known amount.
"Prepaid Mobile telecommunication service" means a
telecommunications service that provides the right to
utilize mobile wireless service as well as other
non-telecommunication services, including but not
limited to ancillary services, which must be paid for
in advance that is sold in predetermined units or
dollars of which the number declines with use in a
known amount.
"Private communication service" means a
telecommunication service that entitles the customer
to exclusive or priority use of a communications
channel or group of channels between or among
termination points, regardless of the manner in which
such channel or channels are connected, and includes
switching capacity, extension lines, stations, and any
other associated services that are provided in
connection with the use of such channel or channels.
"Service address" means:
(a) The location of the telecommunications
equipment to which a customer's call is charged and
from which the call originates or terminates,
regardless of where the call is billed or paid;
(b) If the location in line (a) is not known,
service address means the origination point of the
signal of the telecommunications services first
identified by either the seller's
telecommunications system or in information
received by the seller from its service provider
where the system used to transport such signals is
not that of the seller; and
(c) If the locations in line (a) and line (b)
are not known, the service address means the
location of the customer's place of primary use.
"Telecommunications service" means the electronic
transmission, conveyance, or routing of voice, data,
audio, video, or any other information or signals to a
point, or between or among points. The term
"telecommunications service" includes such
transmission, conveyance, or routing in which computer
processing applications are used to act on the form,
code or protocol of the content for purposes of
transmission, conveyance or routing without regard to
whether such service is referred to as voice over
Internet protocol services or is classified by the
Federal Communications Commission as enhanced or value
added. "Telecommunications service" does not include:
(a) Data processing and information services
that allow data to be generated, acquired, stored,
processed, or retrieved and delivered by an
electronic transmission to a purchaser when such
purchaser's primary purpose for the underlying
transaction is the processed data or information;
(b) Installation or maintenance of wiring or
equipment on a customer's premises;
(c) Tangible personal property;
(d) Advertising, including but not limited to
directory advertising; .
(e) Billing and collection services provided
to third parties;
(f) Internet access service;
(g) Radio and television audio and video
programming services, regardless of the medium,
including the furnishing of transmission,
conveyance and routing of such services by the
programming service provider. Radio and television
audio and video programming services shall include
but not be limited to cable service as defined in
47 USC 522(6) and audio and video programming
services delivered by commercial mobile radio
service providers, as defined in 47 CFR 20.3;
(h) "Ancillary services"; or
(i) Digital products "delivered
electronically", including but not limited to
software, music, video, reading materials or ring
tones.
"Vertical service" means an "ancillary service"
that is offered in connection with one or more
"telecommunications services", which offers advanced
calling features that allow customers to identify
callers and to manage multiple calls and call
connections, including "conference bridging services".
"Voice mail service" means an "ancillary service"
that enables the customer to store, send or receive
recorded messages. "Voice mail service" does not
include any "vertical services" that the customer may
be required to have in order to utilize the "voice mail
service".
(ii) Receipts from the sale of telecommunications
service sold on an individual call-by-call basis are in
this State if either of the following applies:
(a) The call both originates and terminates in
this State.
(b) The call either originates or terminates
in this State and the service address is located in
this State.
(iii) Receipts from the sale of postpaid
telecommunications service at retail are in this State
if the origination point of the telecommunication
signal, as first identified by the service provider's
telecommunication system or as identified by
information received by the seller from its service
provider if the system used to transport
telecommunication signals is not the seller's, is
located in this State.
(iv) Receipts from the sale of prepaid
telecommunications service or prepaid mobile
telecommunications service at retail are in this State
if the purchaser obtains the prepaid card or similar
means of conveyance at a location in this State.
Receipts from recharging a prepaid telecommunications
service or mobile telecommunications service is in
this State if the purchaser's billing information
indicates a location in this State.
(v) Receipts from the sale of private
communication services are in this State as follows:
(a) 100% of receipts from charges imposed at
each channel termination point in this State.
(b) 100% of receipts from charges for the total
channel mileage between each channel termination
point in this State.
(c) 50% of the total receipts from charges for
service segments when those segments are between 2
customer channel termination points, 1 of which is
located in this State and the other is located
outside of this State, which segments are
separately charged.
(d) The receipts from charges for service
segments with a channel termination point located
in this State and in two or more other states, and
which segments are not separately billed, are in
this State based on a percentage determined by
dividing the number of customer channel
termination points in this State by the total
number of customer channel termination points.
(vi) Receipts from charges for ancillary services
for telecommunications service sold to customers at
retail are in this State if the customer's primary
place of use of telecommunications services associated
with those ancillary services is in this State. If the
seller of those ancillary services cannot determine
where the associated telecommunications are located,
then the ancillary services shall be based on the
location of the purchaser.
(vii) Receipts to access a carrier's network or
from the sale of telecommunication services or
ancillary services for resale are in this State as
follows:
(a) 100% of the receipts from access fees
attributable to intrastate telecommunications
service that both originates and terminates in
this State.
(b) 50% of the receipts from access fees
attributable to interstate telecommunications
service if the interstate call either originates
or terminates in this State.
(c) 100% of the receipts from interstate end
user access line charges, if the customer's
service address is in this State. As used in this
subdivision, "interstate end user access line
charges" includes, but is not limited to, the
surcharge approved by the federal communications
commission and levied pursuant to 47 CFR 69.
(d) Gross receipts from sales of
telecommunication services or from ancillary
services for telecommunications services sold to
other telecommunication service providers for
resale shall be sourced to this State using the
apportionment concepts used for non-resale
receipts of telecommunications services if the
information is readily available to make that
determination. If the information is not readily
available, then the taxpayer may use any other
reasonable and consistent method.
(B-7) For taxable years ending on or after December 31,
2008, receipts from the sale of broadcasting services are
in this State if the broadcasting services are received in
this State. For purposes of this paragraph (B-7), the
following terms have the following meanings:
"Advertising revenue" means consideration received
by the taxpayer in exchange for broadcasting services
or allowing the broadcasting of commercials or
announcements in connection with the broadcasting of
film or radio programming, from sponsorships of the
programming, or from product placements in the
programming.
"Audience factor" means the ratio that the
audience or subscribers located in this State of a
station, a network, or a cable system bears to the
total audience or total subscribers for that station,
network, or cable system. The audience factor for film
or radio programming shall be determined by reference
to the books and records of the taxpayer or by
reference to published rating statistics provided the
method used by the taxpayer is consistently used from
year to year for this purpose and fairly represents the
taxpayer's activity in this State.
"Broadcast" or "broadcasting" or "broadcasting
services" means the transmission or provision of film
or radio programming, whether through the public
airwaves, by cable, by direct or indirect satellite
transmission, or by any other means of communication,
either through a station, a network, or a cable system.
"Film" or "film programming" means the broadcast
on television of any and all performances, events, or
productions, including but not limited to news,
sporting events, plays, stories, or other literary,
commercial, educational, or artistic works, either
live or through the use of video tape, disc, or any
other type of format or medium. Each episode of a
series of films produced for television shall
constitute separate "film" notwithstanding that the
series relates to the same principal subject and is
produced during one or more tax periods.
"Radio" or "radio programming" means the broadcast
on radio of any and all performances, events, or
productions, including but not limited to news,
sporting events, plays, stories, or other literary,
commercial, educational, or artistic works, either
live or through the use of an audio tape, disc, or any
other format or medium. Each episode in a series of
radio programming produced for radio broadcast shall
constitute a separate "radio programming"
notwithstanding that the series relates to the same
principal subject and is produced during one or more
tax periods.
(i) In the case of advertising revenue from
broadcasting, the customer is the advertiser and
the service is received in this State if the
commercial domicile of the advertiser is in this
State.
(ii) In the case where film or radio
programming is broadcast by a station, a network,
or a cable system for a fee or other remuneration
received from the recipient of the broadcast, the
portion of the service that is received in this
State is measured by the portion of the recipients
of the broadcast located in this State.
Accordingly, the fee or other remuneration for
such service that is included in the Illinois
numerator of the sales factor is the total of those
fees or other remuneration received from
recipients in Illinois. For purposes of this
paragraph, a taxpayer may determine the location
of the recipients of its broadcast using the
address of the recipient shown in its contracts
with the recipient or using the billing address of
the recipient in the taxpayer's records.
(iii) In the case where film or radio
programming is broadcast by a station, a network,
or a cable system for a fee or other remuneration
from the person providing the programming, the
portion of the broadcast service that is received
by such station, network, or cable system in this
State is measured by the portion of recipients of
the broadcast located in this State. Accordingly,
the amount of revenue related to such an
arrangement that is included in the Illinois
numerator of the sales factor is the total fee or
other total remuneration from the person providing
the programming related to that broadcast
multiplied by the Illinois audience factor for
that broadcast.
(iv) In the case where film or radio
programming is provided by a taxpayer that is a
network or station to a customer for broadcast in
exchange for a fee or other remuneration from that
customer the broadcasting service is received at
the location of the office of the customer from
which the services were ordered in the regular
course of the customer's trade or business.
Accordingly, in such a case the revenue derived by
the taxpayer that is included in the taxpayer's
Illinois numerator of the sales factor is the
revenue from such customers who receive the
broadcasting service in Illinois.
(v) In the case where film or radio programming
is provided by a taxpayer that is not a network or
station to another person for broadcasting in
exchange for a fee or other remuneration from that
person, the broadcasting service is received at
the location of the office of the customer from
which the services were ordered in the regular
course of the customer's trade or business.
Accordingly, in such a case the revenue derived by
the taxpayer that is included in the taxpayer's
Illinois numerator of the sales factor is the
revenue from such customers who receive the
broadcasting service in Illinois.
(B-8) Gross receipts from winnings under the Illinois
Lottery Law from the assignment of a prize under Section
13.1 of the Illinois Lottery Law are received in this
State. This paragraph (B-8) applies only to taxable years
ending on or after December 31, 2013.
(C) For taxable years ending before December 31, 2008,
sales, other than sales governed by paragraphs (B), (B-1),
(B-2), and (B-8) are in this State if:
(i) The income-producing activity is performed in
this State; or
(ii) The income-producing activity is performed
both within and without this State and a greater
proportion of the income-producing activity is
performed within this State than without this State,
based on performance costs.
(C-5) For taxable years ending on or after December 31,
2008, sales, other than sales governed by paragraphs (B),
(B-1), (B-2), (B-5), and (B-7), are in this State if any of
the following criteria are met:
(i) Sales from the sale or lease of real property
are in this State if the property is located in this
State.
(ii) Sales from the lease or rental of tangible
personal property are in this State if the property is
located in this State during the rental period. Sales
from the lease or rental of tangible personal property
that is characteristically moving property, including,
but not limited to, motor vehicles, rolling stock,
aircraft, vessels, or mobile equipment are in this
State to the extent that the property is used in this
State.
(iii) In the case of interest, net gains (but not
less than zero) and other items of income from
intangible personal property, the sale is in this State
if:
(a) in the case of a taxpayer who is a dealer
in the item of intangible personal property within
the meaning of Section 475 of the Internal Revenue
Code, the income or gain is received from a
customer in this State. For purposes of this
subparagraph, a customer is in this State if the
customer is an individual, trust or estate who is a
resident of this State and, for all other
customers, if the customer's commercial domicile
is in this State. Unless the dealer has actual
knowledge of the residence or commercial domicile
of a customer during a taxable year, the customer
shall be deemed to be a customer in this State if
the billing address of the customer, as shown in
the records of the dealer, is in this State; or
(b) in all other cases, if the
income-producing activity of the taxpayer is
performed in this State or, if the
income-producing activity of the taxpayer is
performed both within and without this State, if a
greater proportion of the income-producing
activity of the taxpayer is performed within this
State than in any other state, based on performance
costs.
(iv) Sales of services are in this State if the
services are received in this State. For the purposes
of this section, gross receipts from the performance of
services provided to a corporation, partnership, or
trust may only be attributed to a state where that
corporation, partnership, or trust has a fixed place of
business. If the state where the services are received
is not readily determinable or is a state where the
corporation, partnership, or trust receiving the
service does not have a fixed place of business, the
services shall be deemed to be received at the location
of the office of the customer from which the services
were ordered in the regular course of the customer's
trade or business. If the ordering office cannot be
determined, the services shall be deemed to be received
at the office of the customer to which the services are
billed. If the taxpayer is not taxable in the state in
which the services are received, the sale must be
excluded from both the numerator and the denominator of
the sales factor. The Department shall adopt rules
prescribing where specific types of service are
received, including, but not limited to, publishing,
and utility service.
(D) For taxable years ending on or after December 31,
1995, the following items of income shall not be included
in the numerator or denominator of the sales factor:
dividends; amounts included under Section 78 of the
Internal Revenue Code; and Subpart F income as defined in
Section 952 of the Internal Revenue Code. No inference
shall be drawn from the enactment of this paragraph (D) in
construing this Section for taxable years ending before
December 31, 1995.
(E) Paragraphs (B-1) and (B-2) shall apply to tax years
ending on or after December 31, 1999, provided that a
taxpayer may elect to apply the provisions of these
paragraphs to prior tax years. Such election shall be made
in the form and manner prescribed by the Department, shall
be irrevocable, and shall apply to all tax years; provided
that, if a taxpayer's Illinois income tax liability for any
tax year, as assessed under Section 903 prior to January 1,
1999, was computed in a manner contrary to the provisions
of paragraphs (B-1) or (B-2), no refund shall be payable to
the taxpayer for that tax year to the extent such refund is
the result of applying the provisions of paragraph (B-1) or
(B-2) retroactively. In the case of a unitary business
group, such election shall apply to all members of such
group for every tax year such group is in existence, but
shall not apply to any taxpayer for any period during which
that taxpayer is not a member of such group.
(b) Insurance companies.
(1) In general. Except as otherwise provided by
paragraph (2), business income of an insurance company for
a taxable year shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is the direct premiums written for insurance upon
property or risk in this State, and the denominator of
which is the direct premiums written for insurance upon
property or risk everywhere. For purposes of this
subsection, the term "direct premiums written" means the
total amount of direct premiums written, assessments and
annuity considerations as reported for the taxable year on
the annual statement filed by the company with the Illinois
Director of Insurance in the form approved by the National
Convention of Insurance Commissioners or such other form as
may be prescribed in lieu thereof.
(2) Reinsurance. If the principal source of premiums
written by an insurance company consists of premiums for
reinsurance accepted by it, the business income of such
company shall be apportioned to this State by multiplying
such income by a fraction, the numerator of which is the
sum of (i) direct premiums written for insurance upon
property or risk in this State, plus (ii) premiums written
for reinsurance accepted in respect of property or risk in
this State, and the denominator of which is the sum of
(iii) direct premiums written for insurance upon property
or risk everywhere, plus (iv) premiums written for
reinsurance accepted in respect of property or risk
everywhere. For purposes of this paragraph, premiums
written for reinsurance accepted in respect of property or
risk in this State, whether or not otherwise determinable,
may, at the election of the company, be determined on the
basis of the proportion which premiums written for
reinsurance accepted from companies commercially domiciled
in Illinois bears to premiums written for reinsurance
accepted from all sources, or, alternatively, in the
proportion which the sum of the direct premiums written for
insurance upon property or risk in this State by each
ceding company from which reinsurance is accepted bears to
the sum of the total direct premiums written by each such
ceding company for the taxable year. The election made by a
company under this paragraph for its first taxable year
ending on or after December 31, 2011, shall be binding for
that company for that taxable year and for all subsequent
taxable years, and may be altered only with the written
permission of the Department, which shall not be
unreasonably withheld.
(c) Financial organizations.
(1) In general. For taxable years ending before
December 31, 2008, business income of a financial
organization shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is its business income from sources within this
State, and the denominator of which is its business income
from all sources. For the purposes of this subsection, the
business income of a financial organization from sources
within this State is the sum of the amounts referred to in
subparagraphs (A) through (E) following, but excluding the
adjusted income of an international banking facility as
determined in paragraph (2):
(A) Fees, commissions or other compensation for
financial services rendered within this State;
(B) Gross profits from trading in stocks, bonds or
other securities managed within this State;
(C) Dividends, and interest from Illinois
customers, which are received within this State;
(D) Interest charged to customers at places of
business maintained within this State for carrying
debit balances of margin accounts, without deduction
of any costs incurred in carrying such accounts; and
(E) Any other gross income resulting from the
operation as a financial organization within this
State. In computing the amounts referred to in
paragraphs (A) through (E) of this subsection, any
amount received by a member of an affiliated group
(determined under Section 1504(a) of the Internal
Revenue Code but without reference to whether any such
corporation is an "includible corporation" under
Section 1504(b) of the Internal Revenue Code) from
another member of such group shall be included only to
the extent such amount exceeds expenses of the
recipient directly related thereto.
(2) International Banking Facility. For taxable years
ending before December 31, 2008:
(A) Adjusted Income. The adjusted income of an
international banking facility is its income reduced
by the amount of the floor amount.
(B) Floor Amount. The floor amount shall be the
amount, if any, determined by multiplying the income of
the international banking facility by a fraction, not
greater than one, which is determined as follows:
(i) The numerator shall be:
The average aggregate, determined on a
quarterly basis, of the financial organization's
loans to banks in foreign countries, to foreign
domiciled borrowers (except where secured
primarily by real estate) and to foreign
governments and other foreign official
institutions, as reported for its branches,
agencies and offices within the state on its
"Consolidated Report of Condition", Schedule A,
Lines 2.c., 5.b., and 7.a., which was filed with
the Federal Deposit Insurance Corporation and
other regulatory authorities, for the year 1980,
minus
The average aggregate, determined on a
quarterly basis, of such loans (other than loans of
an international banking facility), as reported by
the financial institution for its branches,
agencies and offices within the state, on the
corresponding Schedule and lines of the
Consolidated Report of Condition for the current
taxable year, provided, however, that in no case
shall the amount determined in this clause (the
subtrahend) exceed the amount determined in the
preceding clause (the minuend); and
(ii) the denominator shall be the average
aggregate, determined on a quarterly basis, of the
international banking facility's loans to banks in
foreign countries, to foreign domiciled borrowers
(except where secured primarily by real estate)
and to foreign governments and other foreign
official institutions, which were recorded in its
financial accounts for the current taxable year.
(C) Change to Consolidated Report of Condition and
in Qualification. In the event the Consolidated Report
of Condition which is filed with the Federal Deposit
Insurance Corporation and other regulatory authorities
is altered so that the information required for
determining the floor amount is not found on Schedule
A, lines 2.c., 5.b. and 7.a., the financial institution
shall notify the Department and the Department may, by
regulations or otherwise, prescribe or authorize the
use of an alternative source for such information. The
financial institution shall also notify the Department
should its international banking facility fail to
qualify as such, in whole or in part, or should there
be any amendment or change to the Consolidated Report
of Condition, as originally filed, to the extent such
amendment or change alters the information used in
determining the floor amount.
(3) For taxable years ending on or after December 31,
2008, the business income of a financial organization shall
be apportioned to this State by multiplying such income by
a fraction, the numerator of which is its gross receipts
from sources in this State or otherwise attributable to
this State's marketplace and the denominator of which is
its gross receipts everywhere during the taxable year.
"Gross receipts" for purposes of this subparagraph (3)
means gross income, including net taxable gain on
disposition of assets, including securities and money
market instruments, when derived from transactions and
activities in the regular course of the financial
organization's trade or business. The following examples
are illustrative:
(i) Receipts from the lease or rental of real or
tangible personal property are in this State if the
property is located in this State during the rental
period. Receipts from the lease or rental of tangible
personal property that is characteristically moving
property, including, but not limited to, motor
vehicles, rolling stock, aircraft, vessels, or mobile
equipment are from sources in this State to the extent
that the property is used in this State.
(ii) Interest income, commissions, fees, gains on
disposition, and other receipts from assets in the
nature of loans that are secured primarily by real
estate or tangible personal property are from sources
in this State if the security is located in this State.
(iii) Interest income, commissions, fees, gains on
disposition, and other receipts from consumer loans
that are not secured by real or tangible personal
property are from sources in this State if the debtor
is a resident of this State.
(iv) Interest income, commissions, fees, gains on
disposition, and other receipts from commercial loans
and installment obligations that are not secured by
real or tangible personal property are from sources in
this State if the proceeds of the loan are to be
applied in this State. If it cannot be determined where
the funds are to be applied, the income and receipts
are from sources in this State if the office of the
borrower from which the loan was negotiated in the
regular course of business is located in this State. If
the location of this office cannot be determined, the
income and receipts shall be excluded from the
numerator and denominator of the sales factor.
(v) Interest income, fees, gains on disposition,
service charges, merchant discount income, and other
receipts from credit card receivables are from sources
in this State if the card charges are regularly billed
to a customer in this State.
(vi) Receipts from the performance of services,
including, but not limited to, fiduciary, advisory,
and brokerage services, are in this State if the
services are received in this State within the meaning
of subparagraph (a)(3)(C-5)(iv) of this Section.
(vii) Receipts from the issuance of travelers
checks and money orders are from sources in this State
if the checks and money orders are issued from a
location within this State.
(viii) Receipts from investment assets and
activities and trading assets and activities are
included in the receipts factor as follows:
(1) Interest, dividends, net gains (but not
less than zero) and other income from investment
assets and activities from trading assets and
activities shall be included in the receipts
factor. Investment assets and activities and
trading assets and activities include but are not
limited to: investment securities; trading account
assets; federal funds; securities purchased and
sold under agreements to resell or repurchase;
options; futures contracts; forward contracts;
notional principal contracts such as swaps;
equities; and foreign currency transactions. With
respect to the investment and trading assets and
activities described in subparagraphs (A) and (B)
of this paragraph, the receipts factor shall
include the amounts described in such
subparagraphs.
(A) The receipts factor shall include the
amount by which interest from federal funds
sold and securities purchased under resale
agreements exceeds interest expense on federal
funds purchased and securities sold under
repurchase agreements.
(B) The receipts factor shall include the
amount by which interest, dividends, gains and
other income from trading assets and
activities, including but not limited to
assets and activities in the matched book, in
the arbitrage book, and foreign currency
transactions, exceed amounts paid in lieu of
interest, amounts paid in lieu of dividends,
and losses from such assets and activities.
(2) The numerator of the receipts factor
includes interest, dividends, net gains (but not
less than zero), and other income from investment
assets and activities and from trading assets and
activities described in paragraph (1) of this
subsection that are attributable to this State.
(A) The amount of interest, dividends, net
gains (but not less than zero), and other
income from investment assets and activities
in the investment account to be attributed to
this State and included in the numerator is
determined by multiplying all such income from
such assets and activities by a fraction, the
numerator of which is the gross income from
such assets and activities which are properly
assigned to a fixed place of business of the
taxpayer within this State and the denominator
of which is the gross income from all such
assets and activities.
(B) The amount of interest from federal
funds sold and purchased and from securities
purchased under resale agreements and
securities sold under repurchase agreements
attributable to this State and included in the
numerator is determined by multiplying the
amount described in subparagraph (A) of
paragraph (1) of this subsection from such
funds and such securities by a fraction, the
numerator of which is the gross income from
such funds and such securities which are
properly assigned to a fixed place of business
of the taxpayer within this State and the
denominator of which is the gross income from
all such funds and such securities.
(C) The amount of interest, dividends,
gains, and other income from trading assets and
activities, including but not limited to
assets and activities in the matched book, in
the arbitrage book and foreign currency
transactions (but excluding amounts described
in subparagraphs (A) or (B) of this paragraph),
attributable to this State and included in the
numerator is determined by multiplying the
amount described in subparagraph (B) of
paragraph (1) of this subsection by a fraction,
the numerator of which is the gross income from
such trading assets and activities which are
properly assigned to a fixed place of business
of the taxpayer within this State and the
denominator of which is the gross income from
all such assets and activities.
(D) Properly assigned, for purposes of
this paragraph (2) of this subsection, means
the investment or trading asset or activity is
assigned to the fixed place of business with
which it has a preponderance of substantive
contacts. An investment or trading asset or
activity assigned by the taxpayer to a fixed
place of business without the State shall be
presumed to have been properly assigned if:
(i) the taxpayer has assigned, in the
regular course of its business, such asset
or activity on its records to a fixed place
of business consistent with federal or
state regulatory requirements;
(ii) such assignment on its records is
based upon substantive contacts of the
asset or activity to such fixed place of
business; and
(iii) the taxpayer uses such records
reflecting assignment of such assets or
activities for the filing of all state and
local tax returns for which an assignment
of such assets or activities to a fixed
place of business is required.
(E) The presumption of proper assignment
of an investment or trading asset or activity
provided in subparagraph (D) of paragraph (2)
of this subsection may be rebutted upon a
showing by the Department, supported by a
preponderance of the evidence, that the
preponderance of substantive contacts
regarding such asset or activity did not occur
at the fixed place of business to which it was
assigned on the taxpayer's records. If the
fixed place of business that has a
preponderance of substantive contacts cannot
be determined for an investment or trading
asset or activity to which the presumption in
subparagraph (D) of paragraph (2) of this
subsection does not apply or with respect to
which that presumption has been rebutted, that
asset or activity is properly assigned to the
state in which the taxpayer's commercial
domicile is located. For purposes of this
subparagraph (E), it shall be presumed,
subject to rebuttal, that taxpayer's
commercial domicile is in the state of the
United States or the District of Columbia to
which the greatest number of employees are
regularly connected with the management of the
investment or trading income or out of which
they are working, irrespective of where the
services of such employees are performed, as of
the last day of the taxable year.
(4) (Blank).
(5) (Blank).
(c-1) Federally regulated exchanges. For taxable years
ending on or after December 31, 2012, business income of a
federally regulated exchange shall, at the option of the
federally regulated exchange, be apportioned to this State by
multiplying such income by a fraction, the numerator of which
is its business income from sources within this State, and the
denominator of which is its business income from all sources.
For purposes of this subsection, the business income within
this State of a federally regulated exchange is the sum of the
following:
(1) Receipts attributable to transactions executed on
a physical trading floor if that physical trading floor is
located in this State.
(2) Receipts attributable to all other matching,
execution, or clearing transactions, including without
limitation receipts from the provision of matching,
execution, or clearing services to another entity,
multiplied by (i) for taxable years ending on or after
December 31, 2012 but before December 31, 2013, 63.77%; and
(ii) for taxable years ending on or after December 31,
2013, 27.54%.
(3) All other receipts not governed by subparagraphs
(1) or (2) of this subsection (c-1), to the extent the
receipts would be characterized as "sales in this State"
under item (3) of subsection (a) of this Section.
"Federally regulated exchange" means (i) a "registered
entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),
or (C), (ii) an "exchange" or "clearing agency" within the
meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such
entities regulated under any successor regulatory structure to
the foregoing, and (iv) all taxpayers who are members of the
same unitary business group as a federally regulated exchange,
determined without regard to the prohibition in Section
1501(a)(27) of this Act against including in a unitary business
group taxpayers who are ordinarily required to apportion
business income under different subsections of this Section;
provided that this subparagraph (iv) shall apply only if 50% or
more of the business receipts of the unitary business group
determined by application of this subparagraph (iv) for the
taxable year are attributable to the matching, execution, or
clearing of transactions conducted by an entity described in
subparagraph (i), (ii), or (iii) of this paragraph.
In no event shall the Illinois apportionment percentage
computed in accordance with this subsection (c-1) for any
taxpayer for any tax year be less than the Illinois
apportionment percentage computed under this subsection (c-1)
for that taxpayer for the first full tax year ending on or
after December 31, 2013 for which this subsection (c-1) applied
to the taxpayer.
(d) Transportation services. For taxable years ending
before December 31, 2008, business income derived from
furnishing transportation services shall be apportioned to
this State in accordance with paragraphs (1) and (2):
(1) Such business income (other than that derived from
transportation by pipeline) shall be apportioned to this
State by multiplying such income by a fraction, the
numerator of which is the revenue miles of the person in
this State, and the denominator of which is the revenue
miles of the person everywhere. For purposes of this
paragraph, a revenue mile is the transportation of 1
passenger or 1 net ton of freight the distance of 1 mile
for a consideration. Where a person is engaged in the
transportation of both passengers and freight, the
fraction above referred to shall be determined by means of
an average of the passenger revenue mile fraction and the
freight revenue mile fraction, weighted to reflect the
person's
(A) relative railway operating income from total
passenger and total freight service, as reported to the
Interstate Commerce Commission, in the case of
transportation by railroad, and
(B) relative gross receipts from passenger and
freight transportation, in case of transportation
other than by railroad.
(2) Such business income derived from transportation
by pipeline shall be apportioned to this State by
multiplying such income by a fraction, the numerator of
which is the revenue miles of the person in this State, and
the denominator of which is the revenue miles of the person
everywhere. For the purposes of this paragraph, a revenue
mile is the transportation by pipeline of 1 barrel of oil,
1,000 cubic feet of gas, or of any specified quantity of
any other substance, the distance of 1 mile for a
consideration.
(3) For taxable years ending on or after December 31,
2008, business income derived from providing
transportation services other than airline services shall
be apportioned to this State by using a fraction, (a) the
numerator of which shall be (i) all receipts from any
movement or shipment of people, goods, mail, oil, gas, or
any other substance (other than by airline) that both
originates and terminates in this State, plus (ii) that
portion of the person's gross receipts from movements or
shipments of people, goods, mail, oil, gas, or any other
substance (other than by airline) that originates in one
state or jurisdiction and terminates in another state or
jurisdiction, that is determined by the ratio that the
miles traveled in this State bears to total miles
everywhere and (b) the denominator of which shall be all
revenue derived from the movement or shipment of people,
goods, mail, oil, gas, or any other substance (other than
by airline). Where a taxpayer is engaged in the
transportation of both passengers and freight, the
fraction above referred to shall first be determined
separately for passenger miles and freight miles. Then an
average of the passenger miles fraction and the freight
miles fraction shall be weighted to reflect the taxpayer's:
(A) relative railway operating income from total
passenger and total freight service, as reported to the
Surface Transportation Board, in the case of
transportation by railroad; and
(B) relative gross receipts from passenger and
freight transportation, in case of transportation
other than by railroad.
(4) For taxable years ending on or after December 31,
2008, business income derived from furnishing airline
transportation services shall be apportioned to this State
by multiplying such income by a fraction, the numerator of
which is the revenue miles of the person in this State, and
the denominator of which is the revenue miles of the person
everywhere. For purposes of this paragraph, a revenue mile
is the transportation of one passenger or one net ton of
freight the distance of one mile for a consideration. If a
person is engaged in the transportation of both passengers
and freight, the fraction above referred to shall be
determined by means of an average of the passenger revenue
mile fraction and the freight revenue mile fraction,
weighted to reflect the person's relative gross receipts
from passenger and freight airline transportation.
(e) Combined apportionment. Where 2 or more persons are
engaged in a unitary business as described in subsection
(a)(27) of Section 1501, a part of which is conducted in this
State by one or more members of the group, the business income
attributable to this State by any such member or members shall
be apportioned by means of the combined apportionment method.
(f) Alternative allocation. If the allocation and
apportionment provisions of subsections (a) through (e) and of
subsection (h) do not, for taxable years ending before December
31, 2008, fairly represent the extent of a person's business
activity in this State, or, for taxable years ending on or
after December 31, 2008, fairly represent the market for the
person's goods, services, or other sources of business income,
the person may petition for, or the Director may, without a
petition, permit or require, in respect of all or any part of
the person's business activity, if reasonable:
(1) Separate accounting;
(2) The exclusion of any one or more factors;
(3) The inclusion of one or more additional factors
which will fairly represent the person's business
activities or market in this State; or
(4) The employment of any other method to effectuate an
equitable allocation and apportionment of the person's
business income.
(g) Cross reference. For allocation of business income by
residents, see Section 301(a).
(h) For tax years ending on or after December 31, 1998, the
apportionment factor of persons who apportion their business
income to this State under subsection (a) shall be equal to:
(1) for tax years ending on or after December 31, 1998
and before December 31, 1999, 16 2/3% of the property
factor plus 16 2/3% of the payroll factor plus 66 2/3% of
the sales factor;
(2) for tax years ending on or after December 31, 1999
and before December 31, 2000, 8 1/3% of the property factor
plus 8 1/3% of the payroll factor plus 83 1/3% of the sales
factor;
(3) for tax years ending on or after December 31, 2000,
the sales factor.
If, in any tax year ending on or after December 31, 1998 and
before December 31, 2000, the denominator of the payroll,
property, or sales factor is zero, the apportionment factor
computed in paragraph (1) or (2) of this subsection for that
year shall be divided by an amount equal to 100% minus the
percentage weight given to each factor whose denominator is
equal to zero.
(Source: P.A. 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-642, eff. 7-28-16; revised 11-14-16.)
(35 ILCS 5/507GG)
Sec. 507GG. Diabetes Research Checkoff Fund checkoff. For
taxable years ending on or after December 31, 2005, the
Department must print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Diabetes Research Checkoff Fund, as
authorized by Public Act 94-107, he or she may do so by stating
the amount of the contribution (not less than $1) on the return
and that the contribution will reduce the taxpayer's refund or
increase the amount of payment to accompany the return. Failure
to remit any amount of increased payment shall reduce the
contribution accordingly. This Section does not apply to any
amended return.
(Source: P.A. 94-107, eff. 7-1-05; 95-331, eff. 8-21-07;
revised 9-9-16.)
(35 ILCS 5/709.5)
Sec. 709.5. Withholding by partnerships, Subchapter S
corporations, and trusts.
(a) In general. For each taxable year ending on or after
December 31, 2008, every partnership (other than a publicly
traded partnership under Section 7704 of the Internal Revenue
Code or investment partnership), Subchapter S corporation, and
trust must withhold from each nonresident partner,
shareholder, or beneficiary (other than a partner,
shareholder, or beneficiary who is exempt from tax under
Section 501(a) of the Internal Revenue Code or under Section
205 of this Act, who is included on a composite return filed by
the partnership or Subchapter S corporation for the taxable
year under subsection (f) of Section 502 of this Act), or who
is a retired partner, to the extent that partner's
distributions are exempt from tax under Section 203(a)(2)(F) of
this Act) an amount equal to the sum of (i) the share of
business income of the partnership, Subchapter S corporation,
or trust apportionable to Illinois plus (ii) for taxable years
ending on or after December 31, 2014, the share of nonbusiness
income of the partnership, Subchapter S corporation, or trust
allocated to Illinois under Section 303 of this Act (other than
an amount allocated to the commercial domicile of the taxpayer
under Section 303 of this Act) that is distributable to that
partner, shareholder, or beneficiary under Sections 702 and 704
and Subchapter S of the Internal Revenue Code, whether or not
distributed, (iii) multiplied by the applicable rates of tax
for that partner, shareholder, or beneficiary under
subsections (a) through (d) of Section 201 of this Act, and
(iv) net of the share of any credit under Article 2 of this Act
that is distributable by the partnership, Subchapter S
corporation, or trust and allowable against the tax liability
of that partner, shareholder, or beneficiary for a taxable year
ending on or after December 31, 2014.
(b) Credit for taxes withheld. Any amount withheld under
subsection (a) of this Section and paid to the Department shall
be treated as a payment of the estimated tax liability or of
the liability for withholding under this Section of the
partner, shareholder, or beneficiary to whom the income is
distributable for the taxable year in which that person
incurred a liability under this Act with respect to that
income. The Department shall adopt rules pursuant to which a
partner, shareholder, or beneficiary may claim a credit against
its obligation for withholding under this Section for amounts
withheld under this Section with respect to income
distributable to it by a partnership, Subchapter S corporation,
or trust and allowing its partners, shareholders, or
beneficiaries to claim a credit under this subsection (b) for
those withheld amounts.
(c) Exemption from withholding.
(1) A partnership, Subchapter S corporation, or trust
shall not be required to withhold tax under subsection (a)
of this Section with respect to any nonresident partner,
shareholder, or beneficiary (other than an individual)
from whom the partnership, S corporation, or trust has
received a certificate, completed in the form and manner
prescribed by the Department, stating that such
nonresident partner, shareholder, or beneficiary shall:
(A) file all returns that the partner,
shareholder, or beneficiary is required to file under
Section 502 of this Act and make timely payment of all
taxes imposed under Section 201 of this Act or under
this Section on the partner, shareholder, or
beneficiary with respect to income of the partnership,
S corporation, or trust; and
(B) be subject to personal jurisdiction in this
State for purposes of the collection of income taxes,
together with related interest and penalties, imposed
on the partner, shareholder, or beneficiary with
respect to the income of the partnership, S
corporation, or trust.
(2) The Department may revoke the exemption provided by
this subsection (c) at any time that it determines that the
nonresident partner, shareholder, or beneficiary is not
abiding by the terms of the certificate. The Department
shall notify the partnership, S corporation, or trust that
it has revoked a certificate by notice left at the usual
place of business of the partnership, S corporation, or
trust or by mail to the last known address of the
partnership, S corporation, or trust.
(3) A partnership, S corporation, or trust that
receives a certificate under this subsection (c) properly
completed by a nonresident partner, shareholder, or
beneficiary shall not be required to withhold any amount
from that partner, shareholder, or beneficiary, the
payment of which would be due under Section 711(a-5) of
this Act after the receipt of the certificate and no
earlier than 60 days after the Department has notified the
partnership, S corporation, or trust that the certificate
has been revoked.
(4) Certificates received by a the partnership, S
corporation, or trust under this subsection (c) must be
retained by the partnership, S corporation, or trust and a
record of such certificates must be provided to the
Department, in a format in which the record is available
for review by the Department, upon request by the
Department. The Department may, by rule, require the record
of certificates to be maintained and provided to the
Department electronically.
(Source: P.A. 97-507, eff. 8-23-11; 98-478, eff. 1-1-14;
revised 9-9-16.)
Section 225. The Tobacco Products Tax Act of 1995 is
amended by changing Section 10-50 as follows:
(35 ILCS 143/10-50)
Sec. 10-50. Violations and penalties. When the amount due
is under $300, any distributor who fails to file a return,
willfully fails or refuses to make any payment to the
Department of the tax imposed by this Act, or files a
fraudulent return, or any officer or agent of a corporation
engaged in the business of distributing tobacco products to
retailers and consumers located in this State who signs a
fraudulent return filed on behalf of the corporation, or any
accountant or other agent who knowingly enters false
information on the return of any taxpayer under this Act is
guilty of a Class 4 felony.
Any person who violates any provision of Section Sections
10-20, 10-21, or 10-22 of this Act, fails to keep books and
records as required under this Act, or willfully violates a
rule or regulation of the Department for the administration and
enforcement of this Act is guilty of a Class 4 felony. A person
commits a separate offense on each day that he or she engages
in business in violation of Section Sections 10-20, 10-21, or
10-22 of this Act.
When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit the
payment to the Department when due, is guilty of a Class 4
felony.
Any person who violates any provision of Sections 10-20,
10-21 and 10-22 of this Act, fails to keep books and records as
required under this Act, or willfully violates a rule or
regulation of the Department for the administration and
enforcement of this Act is guilty of a business offense and may
be fined up to $5,000. A person commits a separate offense on
each day that he or she engages in business in violation of
Sections 10-20, 10-21 and 10-22 of this Act.
When the amount due is $300 or more, any distributor who
files, or causes to be filed, a fraudulent return, or any
officer or agent of a corporation engaged in the business of
distributing tobacco products to retailers and consumers
located in this State who files or causes to be filed or signs
or causes to be signed a fraudulent return filed on behalf of
the corporation, or any accountant or other agent who knowingly
enters false information on the return of any taxpayer under
this Act is guilty of a Class 3 felony.
When the amount due is $300 or more, any person engaged in
the business of distributing tobacco products to retailers and
consumers located in this State who fails to file a return,
willfully fails or refuses to make any payment to the
Department of the tax imposed by this Act, or accepts money
that is due to the Department under this Act from a taxpayer
for the purpose of acting as the taxpayer's agent to make
payment to the Department but fails to remit such payment to
the Department when due is guilty of a Class 3 felony.
When the amount due is under $300, any retailer who fails
to file a return, willfully fails or refuses to make any
payment to the Department of the tax imposed by this Act, or
files a fraudulent return, or any officer or agent of a
corporation engaged in the retail business of selling tobacco
products to purchasers of tobacco products for use and
consumption located in this State who signs a fraudulent return
filed on behalf of the corporation, or any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act is guilty of a Class A misdemeanor
for a first offense and a Class 4 felony for each subsequent
offense.
When the amount due is $300 or more, any retailer who fails
to file a return, willfully fails or refuses to make any
payment to the Department of the tax imposed by this Act, or
files a fraudulent return, or any officer or agent of a
corporation engaged in the retail business of selling tobacco
products to purchasers of tobacco products for use and
consumption located in this State who signs a fraudulent return
filed on behalf of the corporation, or any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act is guilty of a Class 4 felony.
Any person whose principal place of business is in this
State and who is charged with a violation under this Section
shall be tried in the county where his or her principal place
of business is located unless he or she asserts a right to be
tried in another venue. If the taxpayer does not have his or
her principal place of business in this State, however, the
hearing must be held in Sangamon County unless the taxpayer
asserts a right to be tried in another venue.
Any taxpayer or agent of a taxpayer who with the intent to
defraud purports to make a payment due to the Department by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, is guilty of a deceptive
practice in violation of Section 17-1 of the Criminal Code of
2012.
A prosecution for a violation described in this Section may
be commenced within 3 years after the commission of the act
constituting the violation.
(Source: P.A. 97-1150, eff. 1-25-13; 98-1055, eff. 1-1-16;
revised 9-12-16.)
Section 230. The Property Tax Code is amended by changing
Sections 11-25, 12-35, 15-176, 21-380, and 31-45 as follows:
(35 ILCS 200/11-25)
Sec. 11-25. Certification procedure. Application for a
pollution control facility certificate shall be filed with the
Pollution Control Board in a manner and form prescribed in
regulations issued by that board. The application shall contain
appropriate and available descriptive information concerning
anything claimed to be entitled in whole or in part to tax
treatment as a pollution control facility. If it is found that
the claimed facility or relevant portion thereof is a pollution
control facility as defined in Section 11-10, the Pollution
Control Board, acting through its Chairman or his or her
specifically authorized delegate, shall enter a finding and
issue a certificate to that effect. The certificate shall
require tax treatment as a pollution control facility, but only
for the portion certified if only a portion is certified. The
effective date of a certificate shall be the date of
application for the certificate or the date of the construction
of the facility, whichever which ever is later.
(Source: P.A. 76-2451; 88-455; revised 9-13-16.)
(35 ILCS 200/12-35)
Sec. 12-35. Notice sent to address of mortgage lender.
Whenever a notice is to be mailed as provided in Section
Sections 12-30, and the address that appears on the assessor's
records is the address of a mortgage lender, or in any event
whenever the notice is mailed by the township assessor or chief
county assessment officer to a taxpayer at or in care of the
address of a mortgage lender, the mortgage lender, within 15
days of the mortgage lender's receipt of the notice, shall mail
a copy of the notice to each mortgagor of the property referred
to in the notice at the last known address of each mortgagor as
shown on the records of the mortgage lender.
(Source: P.A. 86-415; 86-1481; 87-1189; 88-455; revised
9-12-16.)
(35 ILCS 200/15-176)
Sec. 15-176. Alternative general homestead exemption.
(a) For the assessment years as determined under subsection
(j), in any county that has elected, by an ordinance in
accordance with subsection (k), to be subject to the provisions
of this Section in lieu of the provisions of Section 15-175,
homestead property is entitled to an annual homestead exemption
equal to a reduction in the property's equalized assessed value
calculated as provided in this Section.
(b) As used in this Section:
(1) "Assessor" means the supervisor of assessments or
the chief county assessment officer of each county.
(2) "Adjusted homestead value" means the lesser of the
following values:
(A) The property's base homestead value increased
by 7% for each tax year after the base year through and
including the current tax year, or, if the property is
sold or ownership is otherwise transferred, the
property's base homestead value increased by 7% for
each tax year after the year of the sale or transfer
through and including the current tax year. The
increase by 7% each year is an increase by 7% over the
prior year.
(B) The property's equalized assessed value for
the current tax year minus: (i) $4,500 in Cook County
or $3,500 in all other counties in tax year 2003; (ii)
$5,000 in all counties in tax years 2004 and 2005; and
(iii) the lesser of the amount of the general homestead
exemption under Section 15-175 or an amount equal to
the increase in the equalized assessed value for the
current tax year above the equalized assessed value for
1977 in tax year 2006 and thereafter.
(3) "Base homestead value".
(A) Except as provided in subdivision (b)(3)(A-5)
or (b)(3)(B), "base homestead value" means the
equalized assessed value of the property for the base
year prior to exemptions, minus (i) $4,500 in Cook
County or $3,500 in all other counties in tax year
2003, (ii) $5,000 in all counties in tax years 2004 and
2005, or (iii) the lesser of the amount of the general
homestead exemption under Section 15-175 or an amount
equal to the increase in the equalized assessed value
for the current tax year above the equalized assessed
value for 1977 in tax year 2006 and thereafter,
provided that it was assessed for that year as
residential property qualified for any of the
homestead exemptions under Sections 15-170 through
15-175 of this Code, then in force, and further
provided that the property's assessment was not based
on a reduced assessed value resulting from a temporary
irregularity in the property for that year. Except as
provided in subdivision (b)(3)(B), if the property did
not have a residential equalized assessed value for the
base year, then "base homestead value" means the base
homestead value established by the assessor under
subsection (c).
(A-5) On or before September 1, 2007, in Cook
County, the base homestead value, as set forth under
subdivision (b)(3)(A) and except as provided under
subdivision (b) (3) (B), must be recalculated as the
equalized assessed value of the property for the base
year, prior to exemptions, minus:
(1) if the general assessment year for the
property was 2003, the lesser of (i) $4,500 or (ii)
the amount equal to the increase in equalized
assessed value for the 2002 tax year above the
equalized assessed value for 1977;
(2) if the general assessment year for the
property was 2004, the lesser of (i) $4,500 or (ii)
the amount equal to the increase in equalized
assessed value for the 2003 tax year above the
equalized assessed value for 1977;
(3) if the general assessment year for the
property was 2005, the lesser of (i) $5,000 or (ii)
the amount equal to the increase in equalized
assessed value for the 2004 tax year above the
equalized assessed value for 1977.
(B) If the property is sold or ownership is
otherwise transferred, other than sales or transfers
between spouses or between a parent and a child, "base
homestead value" means the equalized assessed value of
the property at the time of the sale or transfer prior
to exemptions, minus: (i) $4,500 in Cook County or
$3,500 in all other counties in tax year 2003; (ii)
$5,000 in all counties in tax years 2004 and 2005; and
(iii) the lesser of the amount of the general homestead
exemption under Section 15-175 or an amount equal to
the increase in the equalized assessed value for the
current tax year above the equalized assessed value for
1977 in tax year 2006 and thereafter, provided that it
was assessed as residential property qualified for any
of the homestead exemptions under Sections 15-170
through 15-175 of this Code, then in force, and further
provided that the property's assessment was not based
on a reduced assessed value resulting from a temporary
irregularity in the property.
(3.5) "Base year" means (i) tax year 2002 in Cook
County or (ii) tax year 2008 or 2009 in all other counties
in accordance with the designation made by the county as
provided in subsection (k).
(4) "Current tax year" means the tax year for which the
exemption under this Section is being applied.
(5) "Equalized assessed value" means the property's
assessed value as equalized by the Department.
(6) "Homestead" or "homestead property" means:
(A) Residential property that as of January 1 of
the tax year is occupied by its owner or owners as his,
her, or their principal dwelling place, or that is a
leasehold interest on which a single family residence
is situated, that is occupied as a residence by a
person who has a legal or equitable interest therein
evidenced by a written instrument, as an owner or as a
lessee, and on which the person is liable for the
payment of property taxes. Residential units in an
apartment building owned and operated as a
cooperative, or as a life care facility, which are
occupied by persons who hold a legal or equitable
interest in the cooperative apartment building or life
care facility as owners or lessees, and who are liable
by contract for the payment of property taxes, shall be
included within this definition of homestead property.
(B) A homestead includes the dwelling place,
appurtenant structures, and so much of the surrounding
land constituting the parcel on which the dwelling
place is situated as is used for residential purposes.
If the assessor has established a specific legal
description for a portion of property constituting the
homestead, then the homestead shall be limited to the
property within that description.
(7) "Life care facility" means a facility as defined in
Section 2 of the Life Care Facilities Act.
(c) If the property did not have a residential equalized
assessed value for the base year as provided in subdivision
(b)(3)(A) of this Section, then the assessor shall first
determine an initial value for the property by comparison with
assessed values for the base year of other properties having
physical and economic characteristics similar to those of the
subject property, so that the initial value is uniform in
relation to assessed values of those other properties for the
base year. The product of the initial value multiplied by the
equalized factor for the base year for homestead properties in
that county, less: (i) $4,500 in Cook County or $3,500 in all
other counties in tax year years 2003; (ii) $5,000 in all
counties in tax years year 2004 and 2005; and (iii) the lesser
of the amount of the general homestead exemption under Section
15-175 or an amount equal to the increase in the equalized
assessed value for the current tax year above the equalized
assessed value for 1977 in tax year 2006 and thereafter, is the
base homestead value.
For any tax year for which the assessor determines or
adjusts an initial value and hence a base homestead value under
this subsection (c), the initial value shall be subject to
review by the same procedures applicable to assessed values
established under this Code for that tax year.
(d) The base homestead value shall remain constant, except
that the assessor may revise it under the following
circumstances:
(1) If the equalized assessed value of a homestead
property for the current tax year is less than the previous
base homestead value for that property, then the current
equalized assessed value (provided it is not based on a
reduced assessed value resulting from a temporary
irregularity in the property) shall become the base
homestead value in subsequent tax years.
(2) For any year in which new buildings, structures, or
other improvements are constructed on the homestead
property that would increase its assessed value, the
assessor shall adjust the base homestead value as provided
in subsection (c) of this Section with due regard to the
value added by the new improvements.
(3) If the property is sold or ownership is otherwise
transferred, the base homestead value of the property shall
be adjusted as provided in subdivision (b)(3)(B). This item
(3) does not apply to sales or transfers between spouses or
between a parent and a child.
(4) the recalculation required in Cook County under
subdivision (b)(3)(A-5).
(e) The amount of the exemption under this Section is the
equalized assessed value of the homestead property for the
current tax year, minus the adjusted homestead value, with the
following exceptions:
(1) In Cook County, the exemption under this Section
shall not exceed $20,000 for any taxable year through tax
year:
(i) 2005, if the general assessment year for the
property is 2003;
(ii) 2006, if the general assessment year for the
property is 2004; or
(iii) 2007, if the general assessment year for the
property is 2005.
(1.1) Thereafter, in Cook County, and in all other
counties, the exemption is as follows:
(i) if the general assessment year for the property
is 2006, then the exemption may not exceed: $33,000 for
taxable year 2006; $26,000 for taxable year 2007;
$20,000 for taxable years 2008 and 2009; $16,000 for
taxable year 2010; and $12,000 for taxable year 2011;
(ii) if the general assessment year for the
property is 2007, then the exemption may not exceed:
$33,000 for taxable year 2007; $26,000 for taxable year
2008; $20,000 for taxable years 2009 and 2010; $16,000
for taxable year 2011; and $12,000 for taxable year
2012; and
(iii) if the general assessment year for the
property is 2008, then the exemption may not exceed:
$33,000 for taxable year 2008; $26,000 for taxable year
2009; $20,000 for taxable years 2010 and 2011; $16,000
for taxable year 2012; and $12,000 for taxable year
2013.
(1.5) In Cook County, for the 2006 taxable year only, the
maximum amount of the exemption set forth under subsection
(e)(1.1)(i) of this Section may be increased: (i) by $7,000 if
the equalized assessed value of the property in that taxable
year exceeds the equalized assessed value of that property in
2002 by 100% or more; or (ii) by $2,000 if the equalized
assessed value of the property in that taxable year exceeds the
equalized assessed value of that property in 2002 by more than
80% but less than 100%.
(2) In the case of homestead property that also
qualifies for the exemption under Section 15-172, the
property is entitled to the exemption under this Section,
limited to the amount of (i) $4,500 in Cook County or
$3,500 in all other counties in tax year 2003, (ii) $5,000
in all counties in tax years 2004 and 2005, or (iii) the
lesser of the amount of the general homestead exemption
under Section 15-175 or an amount equal to the increase in
the equalized assessed value for the current tax year above
the equalized assessed value for 1977 in tax year 2006 and
thereafter.
(f) In the case of an apartment building owned and operated
as a cooperative, or as a life care facility, that contains
residential units that qualify as homestead property under this
Section, the maximum cumulative exemption amount attributed to
the entire building or facility shall not exceed the sum of the
exemptions calculated for each qualified residential unit. The
cooperative association, management firm, or other person or
entity that manages or controls the cooperative apartment
building or life care facility shall credit the exemption
attributable to each residential unit only to the apportioned
tax liability of the owner or other person responsible for
payment of taxes as to that unit. Any person who willfully
refuses to so credit the exemption is guilty of a Class B
misdemeanor.
(g) When married persons maintain separate residences, the
exemption provided under this Section shall be claimed by only
one such person and for only one residence.
(h) In the event of a sale or other transfer in ownership
of the homestead property, the exemption under this Section
shall remain in effect for the remainder of the tax year and be
calculated using the same base homestead value in which the
sale or transfer occurs, but (other than for sales or transfers
between spouses or between a parent and a child) shall be
calculated for any subsequent tax year using the new base
homestead value as provided in subdivision (b)(3)(B). The
assessor may require the new owner of the property to apply for
the exemption in the following year.
(i) The assessor may determine whether property qualifies
as a homestead under this Section by application, visual
inspection, questionnaire, or other reasonable methods. Each
year, at the time the assessment books are certified to the
county clerk by the board of review, the assessor shall furnish
to the county clerk a list of the properties qualified for the
homestead exemption under this Section. The list shall note the
base homestead value of each property to be used in the
calculation of the exemption for the current tax year.
(j) In counties with 3,000,000 or more inhabitants, the
provisions of this Section apply as follows:
(1) If the general assessment year for the property is
2003, this Section applies for assessment years 2003
through 2011. Thereafter, the provisions of Section 15-175
apply.
(2) If the general assessment year for the property is
2004, this Section applies for assessment years 2004
through 2012. Thereafter, the provisions of Section 15-175
apply.
(3) If the general assessment year for the property is
2005, this Section applies for assessment years 2005
through 2013. Thereafter, the provisions of Section 15-175
apply.
In counties with less than 3,000,000 inhabitants, this
Section applies for assessment years (i) 2009, 2010, 2011, and
2012 if tax year 2008 is the designated base year or (ii) 2010,
2011, 2012, and 2013 if tax year 2009 is the designated base
year. Thereafter, the provisions of Section 15-175 apply.
(k) To be subject to the provisions of this Section in lieu
of Section 15-175, a county must adopt an ordinance to subject
itself to the provisions of this Section within 6 months after
August 2, 2010 (the effective date of Public Act 96-1418) this
amendatory Act of the 96th General Assembly. In a county other
than Cook County, the ordinance must designate either tax year
2008 or tax year 2009 as the base year.
(l) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff 10-12-07; 96-1418, eff. 8-2-10;
revised 9-13-16.)
(35 ILCS 200/21-380)
Sec. 21-380. Redemption under protest. Any person
redeeming under this Section at a time subsequent to the filing
of a petition under Section 22-30 or 21-445, who desires to
preserve his or her right to defend against the petition for a
tax deed, shall accompany the deposit for redemption with a
writing substantially in the following form:
Redemption Under Protest
Tax Deed Case No. ...........................................
Vol. No. ....................................................
Property Index No.
or Legal Description. ...................................
Original Amount of Tax $. ...................................
Amount Deposited for Redemption $. ..........................
Name of Petitioner. .........................................
Tax Year Included in Judgment. ..............................
Date of Sale. ...............................................
Expiration Date of the Period of Redemption. ................
To the county clerk of ........ County:
This redemption is made under protest for the following
reasons: (here set forth and specify the grounds relied upon
for the objection)
Name of party redeeming. ....................................
Address. ....................................................
Any grounds for the objection not specified at the time of
the redemption under protest shall not be considered by the
court. The specified grounds for the objections shall be
limited to those defenses as would provide sufficient basis to
deny entry of an order for issuance of a tax deed. Nothing in
this Section shall be construed to authorize or revive any
objection to the tax sale or underlying taxes which was
estopped by entry of the order for sale as set forth in Section
22-75.
The person protesting shall present to the county clerk 3
copies of the written protest signed by himself or herself. The
clerk shall write or stamp the date of receipt upon the copies
and sign them. He or she shall retain one of the copies,
another he or she shall deliver to the person making the
redemption, who shall file the copy with the clerk of the court
in which the tax deed petition is pending, and the third he or
she shall forward to the petitioner named therein.
The county clerk shall enter the redemption as provided in
Section 21-230 and shall note the redemption under protest. The
redemption money so deposited shall not be distributed to the
holder of the certificate of purchase but shall be retained by
the county clerk pending disposition of the petition filed
under Section 22-30.
Redemption under protest constitutes the appearance of the
person protesting in the proceedings under Sections Section
22-30 through 22-55 and that person shall present a defense to
the petition for tax deed at the time which the court directs.
Failure to appear and defend shall constitute a waiver of the
protest and the court shall order the redemption money
distributed to the holder of the certificate of purchase upon
surrender of that certificate and shall dismiss the
proceedings.
When the party redeeming appears and presents a defense,
the court shall hear and determine the matter. If the defense
is not sustained, the court shall order the protest stricken
and direct the county clerk to distribute the redemption money
upon surrender of the certificate of purchase and shall order
the party redeeming to pay the petitioner reasonable expenses,
actually incurred, including the cost of withheld redemption
money, together with a reasonable attorneys fee. Upon a finding
sustaining the protest in whole or in part, the court may
declare the sale to be a sale in error under Section 21-310 or
Section 22-45, and shall direct the county clerk to return all
or part of the redemption money or deposit to the party
redeeming.
(Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;
86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189;
88-455; revised 9-14-16.)
(35 ILCS 200/31-45)
Sec. 31-45. Exemptions. The following deeds or trust
documents shall be exempt from the provisions of this Article
except as provided in this Section:
(a) Deeds representing real estate transfers made
before January 1, 1968, but recorded after that date and
trust documents executed before January 1, 1986, but
recorded after that date.
(b) Deeds to or trust documents relating to (1)
property acquired by any governmental body or from any
governmental body, (2) property or interests transferred
between governmental bodies, or (3) property acquired by or
from any corporation, society, association, foundation or
institution organized and operated exclusively for
charitable, religious or educational purposes. However,
deeds or trust documents, other than those in which the
Administrator of Veterans Veterans' Affairs of the United
States is the grantee pursuant to a foreclosure proceeding,
shall not be exempt from filing the declaration.
(c) Deeds or trust documents that secure debt or other
obligation.
(d) Deeds or trust documents that, without additional
consideration, confirm, correct, modify, or supplement a
deed or trust document previously recorded.
(e) Deeds or trust documents where the actual
consideration is less than $100.
(f) Tax deeds.
(g) Deeds or trust documents that release property that
is security for a debt or other obligation.
(h) Deeds of partition.
(i) Deeds or trust documents made pursuant to mergers,
consolidations or transfers or sales of substantially all
of the assets of corporations under plans of reorganization
under the Federal Internal Revenue Code or Title 11 of the
Federal Bankruptcy Act.
(j) Deeds or trust documents made by a subsidiary
corporation to its parent corporation for no consideration
other than the cancellation or surrender of the
subsidiary's stock.
(k) Deeds when there is an actual exchange of real
estate and trust documents when there is an actual exchange
of beneficial interests, except that that money difference
or money's worth paid from one to the other is not exempt
from the tax. These deeds or trust documents, however,
shall not be exempt from filing the declaration.
(l) Deeds issued to a holder of a mortgage, as defined
in Section 15-103 of the Code of Civil Procedure, pursuant
to a mortgage foreclosure proceeding or pursuant to a
transfer in lieu of foreclosure.
(m) A deed or trust document related to the purchase of
a principal residence by a participant in the program
authorized by the Home Ownership Made Easy Act, except that
those deeds and trust documents shall not be exempt from
filing the declaration.
(Source: P.A. 91-555, eff. 1-1-00; revised 9-14-16.)
Section 235. The Local Tax Collection Act is amended by
changing Section 1 as follows:
(35 ILCS 720/1) (from Ch. 120, par. 1901)
Sec. 1. (a) The Department of Revenue and any unit of local
government may agree to the Department's collecting, and
transmitting back to the unit of local government, any tax
lawfully imposed by that unit of local government, the subject
of which is similar to that of a tax imposed by the State and
collected by the Department of Revenue, unless the General
Assembly has specifically required a different method of
collection for such tax. However, the Department may not enter
into a contract with any unit of local government pursuant to
this Act for the collection of any tax based on the sale or use
of tangible personal property generally, not including taxes
based only on the sale or use of specifically limited kinds of
tangible personal property, unless the ordinance adopted by the
unit of local government imposes a sales or use tax which is
substantively identical to and which contains the same
exemptions as the taxes imposed by the unit of local
government's ordinances authorized by the Home Rule or Non-Home
Rule Municipal or County Retailers' Occupation Tax Act, the
Home Rule or Non-Home Rule Municipal or County Use Tax, or any
other Retailers' Occupation Tax Act or Law that is administered
by the Department of Revenue, as interpreted by the Department
through its regulations as those Acts and as those regulations
may from time to time be amended.
(b) Regarding the collection of a tax pursuant to this
Section, the Department and any person subject to a tax
collected by the Department pursuant to this Section shall, as
much as practicable, have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
definitions of terms and procedures, as those set forth in the
Act imposing the State tax, the subject of which is similar to
the tax being collected by the Department pursuant to this
Section. The Department and unit of local government shall
specifically agree in writing to such rights, remedies,
privileges, immunities, powers, duties, conditions,
restrictions, limitations, penalties, definitions of terms and
procedures, as well as any other terms deemed necessary or
advisable. All terms so agreed upon shall be incorporated into
an ordinance of such unit of local government, and the
Department shall not collect the tax pursuant to this Section
until such ordinance takes effect.
(c) (1) The Department shall forthwith pay over to the
State Treasurer, ex officio, as trustee, all taxes and
penalties collected hereunder. On or before the 25th day of
each calendar month, the Department shall prepare and certify
to the Comptroller the disbursement of stated sums of money to
named units of local government from which retailers or other
taxpayers have paid taxes or penalties hereunder to the
Department during the second preceding calendar month.
(i) The amount to be paid to each unit of local government
shall equal the taxes and penalties collected by the Department
for the unit of local government pursuant to this Section
during the second preceding calendar month (not including
credit memoranda), plus an amount the Department determines is
necessary to offset any amounts which were erroneously paid to
a different taxing body, and not including (i) an amount equal
to the amount of refunds made during the second preceding
calendar month by the Department of behalf of such county or
municipality and (ii) any amount which the Department
determines is necessary to offset any amounts which are payable
to a different taxing body but were erroneously paid to the
municipality or county, less 2% of the balance, or any greater
amount of the balance as provided in the agreement between the
Department and the unit of local government required under this
Section, which sum shall be retained by the State Treasurer.
(ii) With respect to the amount to be retained by the State
Treasurer pursuant to subparagraph (i), the Department, at the
time of each monthly disbursement to the units of local
government, shall prepare and certify to the Comptroller the
amount so retained by the State Treasurer, which shall be
transferred into the Tax Compliance and Administration Fund and
used by the Department, subject to appropriation, to cover the
costs incurred by the Department in collecting taxes and
penalties.
(2) Within 10 days after receiving the certifications
described in paragraph (1), the Comptroller shall issue orders
for payment of the amounts specified in subparagraph (i) of
paragraph (1).
(d) Any unit of local government which imposes a tax
collected by the Department pursuant to this Section must file
a certified copy of the ordinance imposing the tax with the
Department within 10 days after its passage. Beginning on June
30, 2016 (the effective date of Public Act 99-517) this
amendatory Act of the 99th General Assembly, an ordinance or
resolution imposing or discontinuing a tax collected by the
Department under this Section or effecting a change in the rate
thereof shall either (i) be adopted and a certified copy
thereof filed with the Department on or before the first day of
April, whereupon the Department shall proceed to administer and
enforce the tax imposition, discontinuance, or rate change as
of the first day of July next following the adoption and
filing; or (ii) be adopted and certified copy thereof filed
with the Department on or before the first day of October,
whereupon the Department shall proceed to administer and
enforce the tax imposition, discontinuance, or rate change as
of the first day of January next following the adoption and
filing.
(e) It is declared to be the law of this State, pursuant to
paragraph (g) of Section 6 of Article VII of the Illinois
Constitution, that Public Act 85-1215 this amendatory Act of
1988 is a denial of the power of a home rule unit to fail to
comply with the requirements of subsection paragraphs (d) and
(e) of this Section.
(Source: P.A. 99-517, eff. 6-30-16; revised 10-31-16.)
Section 240. The Illinois Pension Code is amended by
changing Sections 1-113, 1-113.4, 1-160, 4-106.1, 4-121,
8-107.2, 8-114, 9-121.6, 11-116, 11-125.5, 18-125, and 22A-111
as follows:
(40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
Sec. 1-113. Investment authority of certain pension funds,
not including those established under Article 3 or 4. The
investment authority of a board of trustees of a retirement
system or pension fund established under this Code shall, if so
provided in the Article establishing such retirement system or
pension fund, embrace the following investments:
(1) Bonds, notes and other direct obligations of the
United States Government; bonds, notes and other
obligations of any United States Government agency or
instrumentality, whether or not guaranteed; and
obligations the principal and interest of which are
guaranteed unconditionally by the United States Government
or by an agency or instrumentality thereof.
(2) Obligations of the Inter-American Development
Bank, the International Bank for Reconstruction and
Development, the African Development Bank, the
International Finance Corporation, and the Asian
Development Bank.
(3) Obligations of any state, or of any political
subdivision in Illinois, or of any county or city in any
other state having a population as shown by the last
federal census of not less than 30,000 inhabitants provided
that such political subdivision is not permitted by law to
become indebted in excess of 10% of the assessed valuation
of property therein and has not defaulted for a period
longer than 30 days in the payment of interest and
principal on any of its general obligations or indebtedness
during a period of 10 calendar years immediately preceding
such investment.
(4) Nonconvertible bonds, debentures, notes and other
corporate obligations of any corporation created or
existing under the laws of the United States or any state,
district or territory thereof, provided there has been no
default on the obligations of the corporation or its
predecessor(s) during the 5 calendar years immediately
preceding the purchase. Up to 5% of the assets of a pension
fund established under Article 9 of this Code may be
invested in nonconvertible bonds, debentures, notes, and
other corporate obligations of corporations created or
existing under the laws of a foreign country, provided
there has been no default on the obligations of the
corporation or its predecessors during the 5 calendar years
immediately preceding the date of purchase.
(5) Obligations guaranteed by the Government of
Canada, or by any Province of Canada, or by any Canadian
city with a population of not less than 150,000
inhabitants, provided (a) they are payable in United States
currency and are exempt from any Canadian withholding tax;
(b) the investment in any one issue of bonds shall not
exceed 10% of the amount outstanding; and (c) the total
investments at book value in Canadian securities shall be
limited to 5% of the total investment account of the board
at book value.
(5.1) Direct obligations of the State of Israel for the
payment of money, or obligations for the payment of money
which are guaranteed as to the payment of principal and
interest by the State of Israel, or common or preferred
stock or notes issued by a bank owned or controlled in
whole or in part by the State of Israel, on the following
conditions:
(a) The total investments in such obligations
shall not exceed 5% of the book value of the aggregate
investments owned by the board;
(b) The State of Israel shall not be in default in
the payment of principal or interest on any of its
direct general obligations on the date of such
investment;
(c) The bonds, stock or notes, and interest thereon
shall be payable in currency of the United States;
(d) The bonds shall (1) contain an option for the
redemption thereof after 90 days from date of purchase
or (2) either become due 5 years from the date of their
purchase or be subject to redemption 120 days after the
date of notice for redemption;
(e) The investment in these obligations has been
approved in writing by investment counsel employed by
the board, which counsel shall be a national or state
bank or trust company authorized to do a trust business
in the State of Illinois, or an investment advisor
qualified under the federal Federal Investment
Advisers Advisors Act of 1940 and registered under the
Illinois Securities Law Act of 1953;
(f) The fund or system making the investment shall
have at least $5,000,000 of net present assets.
(6) Notes secured by mortgages under Sections 203, 207,
220 and 221 of the National Housing Act which are insured
by the Federal Housing Commissioner, or his successor
assigns, or debentures issued by such Commissioner, which
are guaranteed as to principal and interest by the Federal
Housing Administration, or agency of the United States
Government, provided the aggregate investment shall not
exceed 20% of the total investment account of the board at
book value, and provided further that the investment in
such notes under Sections 220 and 221 shall in no event
exceed one-half of the maximum investment in notes under
this paragraph.
(7) Loans to veterans guaranteed in whole or part by
the United States Government pursuant to Title III of the
Act of Congress known as the "Servicemen's Readjustment Act
of 1944," 58 Stat. 284, 38 U.S.C. 693, as amended or
supplemented from time to time, provided such guaranteed
loans are liens upon real estate.
(8) Common and preferred stocks and convertible debt
securities authorized for investment of trust funds under
the laws of the State of Illinois, provided:
(a) the common stocks, except as provided in
subparagraph (g), are listed on a national securities
exchange or board of trade, as defined in the federal
Securities Exchange Act of 1934, or quoted in the
National Association of Securities Dealers Automated
Quotation System (NASDAQ);
(b) the securities are of a corporation created or
existing under the laws of the United States or any
state, district or territory thereof, except that up to
5% of the assets of a pension fund established under
Article 9 of this Code may be invested in securities
issued by corporations created or existing under the
laws of a foreign country, if those securities are
otherwise in conformance with this paragraph (8);
(c) the corporation is not in arrears on payment of
dividends on its preferred stock;
(d) the total book value of all stocks and
convertible debt owned by any pension fund or
retirement system shall not exceed 40% of the aggregate
book value of all investments of such pension fund or
retirement system, except for a pension fund or
retirement system governed by Article 9 or 17, where
the total of all stocks and convertible debt shall not
exceed 50% of the aggregate book value of all fund
investments, and except for a pension fund or
retirement system governed by Article 13, where the
total market value of all stocks and convertible debt
shall not exceed 65% of the aggregate market value of
all fund investments;
(e) the book value of stock and convertible debt
investments in any one corporation shall not exceed 5%
of the total investment account at book value in which
such securities are held, determined as of the date of
the investment, and the investments in the stock of any
one corporation shall not exceed 5% of the total
outstanding stock of such corporation, and the
investments in the convertible debt of any one
corporation shall not exceed 5% of the total amount of
such debt that may be outstanding;
(f) the straight preferred stocks or convertible
preferred stocks and convertible debt securities are
issued or guaranteed by a corporation whose common
stock qualifies for investment by the board; and
(g) that any common stocks not listed or quoted as
provided in subdivision (8)(a) 8(a) above be limited to
the following types of institutions: (a) any bank which
is a member of the Federal Deposit Insurance
Corporation having capital funds represented by
capital stock, surplus and undivided profits of at
least $20,000,000; (b) any life insurance company
having capital funds represented by capital stock,
special surplus funds and unassigned surplus totalling
at least $50,000,000; and (c) any fire or casualty
insurance company, or a combination thereof, having
capital funds represented by capital stock, net
surplus and voluntary reserves of at least
$50,000,000.
(9) Withdrawable accounts of State chartered and
federal chartered savings and loan associations insured by
the Federal Savings and Loan Insurance Corporation;
deposits or certificates of deposit in State and national
banks insured by the Federal Deposit Insurance
Corporation; and share accounts or share certificate
accounts in a State or federal credit union, the accounts
of which are insured as required by the Illinois Credit
Union Act or the Federal Credit Union Act, as applicable.
No bank or savings and loan association shall receive
investment funds as permitted by this subsection (9),
unless it has complied with the requirements established
pursuant to Section 6 of the Public Funds Investment Act.
(10) Trading, purchase or sale of listed options on
underlying securities owned by the board.
(11) Contracts and agreements supplemental thereto
providing for investments in the general account of a life
insurance company authorized to do business in Illinois.
(12) Conventional mortgage pass-through securities
which are evidenced by interests in Illinois
owner-occupied residential mortgages, having not less than
an "A" rating from at least one national securities rating
service. Such mortgages may have loan-to-value ratios up to
95%, provided that any amount over 80% is insured by
private mortgage insurance. The pool of such mortgages
shall be insured by mortgage guaranty or equivalent
insurance, in accordance with industry standards.
(13) Pooled or commingled funds managed by a national
or State bank which is authorized to do a trust business in
the State of Illinois, shares of registered investment
companies as defined in the federal Investment Company Act
of 1940 which are registered under that Act, and separate
accounts of a life insurance company authorized to do
business in Illinois, where such pooled or commingled
funds, shares, or separate accounts are comprised of common
or preferred stocks, bonds, or money market instruments.
(14) Pooled or commingled funds managed by a national
or state bank which is authorized to do a trust business in
the State of Illinois, separate accounts managed by a life
insurance company authorized to do business in Illinois,
and commingled group trusts managed by an investment
adviser registered under the federal Investment Advisers
Advisors Act of 1940 (15 U.S.C. 80b-1 et seq.) and under
the Illinois Securities Law of 1953, where such pooled or
commingled funds, separate accounts or commingled group
trusts are comprised of real estate or loans upon real
estate secured by first or second mortgages. The total
investment in such pooled or commingled funds, commingled
group trusts and separate accounts shall not exceed 10% of
the aggregate book value of all investments owned by the
fund.
(15) Investment companies which (a) are registered as
such under the Investment Company Act of 1940, (b) are
diversified, open-end management investment companies and
(c) invest only in money market instruments.
(16) Up to 10% of the assets of the fund may be
invested in investments not included in paragraphs (1)
through (15) of this Section, provided that such
investments comply with the requirements and restrictions
set forth in Sections 1-109, 1-109.1, 1-109.2, 1-110, and
1-111 of this Code.
The board shall have the authority to enter into such
agreements and to execute such documents as it determines to be
necessary to complete any investment transaction.
Any limitations herein set forth shall be applicable only
at the time of purchase and shall not require the liquidation
of any investment at any time.
All investments shall be clearly held and accounted for to
indicate ownership by such board. Such board may direct the
registration of securities in its own name or in the name of a
nominee created for the express purpose of registration of
securities by a national or state bank or trust company
authorized to conduct a trust business in the State of
Illinois.
Investments shall be carried at cost or at a value
determined in accordance with generally accepted accounting
principles and accounting procedures approved by such board.
(Source: P.A. 92-53, eff. 7-12-01; revised 9-2-16.)
(40 ILCS 5/1-113.4)
Sec. 1-113.4. List of additional permitted investments for
pension funds with net assets of $5,000,000 or more.
(a) In addition to the items in Sections 1-113.2 and
1-113.3, a pension fund established under Article 3 or 4 that
has net assets of at least $5,000,000 and has appointed an
investment adviser under Section 1-113.5 may, through that
investment adviser, invest a portion of its assets in common
and preferred stocks authorized for investments of trust funds
under the laws of the State of Illinois. The stocks must meet
all of the following requirements:
(1) The common stocks are listed on a national
securities exchange or board of trade (as defined in the
federal Securities Exchange Act of 1934 and set forth in
subdivision G of Section 3 Section 3.G of the Illinois
Securities Law of 1953) or quoted in the National
Association of Securities Dealers Automated Quotation
System National Market System (NASDAQ NMS).
(2) The securities are of a corporation created or
existing under the laws of the United States or any state,
district, or territory thereof and the corporation has been
in existence for at least 5 years.
(3) The corporation has not been in arrears on payment
of dividends on its preferred stock during the preceding 5
years.
(4) The market value of stock in any one corporation
does not exceed 5% of the cash and invested assets of the
pension fund, and the investments in the stock of any one
corporation do not exceed 5% of the total outstanding stock
of that corporation.
(5) The straight preferred stocks or convertible
preferred stocks are issued or guaranteed by a corporation
whose common stock qualifies for investment by the board.
(6) The issuer of the stocks has been subject to the
requirements of Section 12 of the federal Securities
Exchange Act of 1934 and has been current with the filing
requirements of Sections 13 and 14 of that Act during the
preceding 3 years.
(b) A pension fund's total investment in the items
authorized under this Section and Section 1-113.3 shall not
exceed 35% of the market value of the pension fund's net
present assets stated in its most recent annual report on file
with the Illinois Department of Insurance.
(c) A pension fund that invests funds under this Section
shall electronically file with the Division any reports of its
investment activities that the Division may require, at the
times and in the format required by the Division.
(Source: P.A. 90-507, eff. 8-22-97; revised 10-25-16.)
(40 ILCS 5/1-160)
(Text of Section WITH the changes made by P.A. 98-641,
which has been held unconstitutional)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
15 or 18 of this Code, notwithstanding any other provision of
this Code to the contrary, but do not apply to any self-managed
plan established under this Code, to any person with respect to
service as a sheriff's law enforcement employee under Article
7, or to any participant of the retirement plan established
under Section 22-101. Notwithstanding anything to the contrary
in this Section, for purposes of this Section, a person who
participated in a retirement system under Article 15 prior to
January 1, 2011 shall be deemed a person who first became a
member or participant prior to January 1, 2011 under any
retirement system or pension fund subject to this Section. The
changes made to this Section by Public Act 98-596 are a
clarification of existing law and are intended to be
retroactive to the effective date of Public Act 96-889,
notwithstanding the provisions of Section 1-103.1 of this Code.
(b) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the 96 consecutive months (or 8
consecutive years) of service within the last 120 months (or 10
years) of service in which the total salary or earnings
calculated under the applicable Article was the highest by the
number of months (or years) of service in that period. For the
purposes of a person who first becomes a member or participant
of any retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) In Article 7 (except for service as sheriff's law
enforcement employees), "final rate of earnings".
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by him
at the date of retirement or discharge".
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall
be determined by the Public Pension Division of the Department
of Insurance and made available to the boards of the retirement
systems and pension funds by November 1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (beginning January 1, 2015, age 65 with respect to service
under Article 8, 11, or 12 of this Code that is subject to this
Section) and has at least 10 years of service credit and is
otherwise eligible under the requirements of the applicable
Article.
A member or participant who has attained age 62 (beginning
January 1, 2015, age 60 with respect to service under Article
8, 11, or 12 of this Code that is subject to this Section) and
has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article may
elect to receive the lower retirement annuity provided in
subsection (d) of this Section.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (beginning January 1, 2015,
age 60 with respect to service under Article 8, 11, or 12 of
this Code that is subject to this Section) with at least 10
years of service credit shall be reduced by one-half of 1% for
each full month that the member's age is under age 67
(beginning January 1, 2015, age 65 with respect to service
under Article 8, 11, or 12 of this Code that is subject to this
Section).
(e) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the January 1 occurring either
on or after the attainment of age 67 (beginning January 1,
2015, age 65 with respect to service under Article 8, 11, or 12
of this Code that is subject to this Section) or the first
anniversary (the second anniversary with respect to service
under Article 8 or 11) of the annuity start date, whichever is
later. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted retirement annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
Notwithstanding any provision of this Section to the
contrary, with respect to service under Article 8 or 11 of this
Code that is subject to this Section, no annual increase under
this subsection shall be paid or accrue to any person in year
2025. In all other years, the Fund shall continue to pay annual
increases as provided in this Section.
Notwithstanding Section 1-103.1 of this Code, the changes
in this amendatory Act of the 98th General Assembly are
applicable without regard to whether the employee was in active
service on or after the effective date of this amendatory Act
of the 98th General Assembly.
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the annuity
if the deceased member died while receiving a retirement
annuity or (2) in other cases, on each January 1 occurring
after the first anniversary of the commencement of the annuity.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted survivor's annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(g) The benefits in Section 14-110 apply only if the person
is a State policeman, a fire fighter in the fire protection
service of a department, or a security employee of the
Department of Corrections or the Department of Juvenile
Justice, as those terms are defined in subsection (b) of
Section 14-110. A person who meets the requirements of this
Section is entitled to an annuity calculated under the
provisions of Section 14-110, in lieu of the regular or minimum
retirement annuity, only if the person has withdrawn from
service with not less than 20 years of eligible creditable
service and has attained age 60, regardless of whether the
attainment of age 60 occurs while the person is still in
service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created by
this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then that
person's annuity or retirement pension earned as an active
employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
eff. 11-19-13; 98-622, eff. 6-1-14; 98-641, eff. 6-9-14.)
(Text of Section WITHOUT the changes made by P.A. 98-641,
which has been held unconstitutional)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
15 or 18 of this Code, notwithstanding any other provision of
this Code to the contrary, but do not apply to any self-managed
plan established under this Code, to any person with respect to
service as a sheriff's law enforcement employee under Article
7, or to any participant of the retirement plan established
under Section 22-101. Notwithstanding anything to the contrary
in this Section, for purposes of this Section, a person who
participated in a retirement system under Article 15 prior to
January 1, 2011 shall be deemed a person who first became a
member or participant prior to January 1, 2011 under any
retirement system or pension fund subject to this Section. The
changes made to this Section by Public Act 98-596 this
amendatory Act of the 98th General Assembly are a clarification
of existing law and are intended to be retroactive to January
1, 2011 (the effective date of Public Act 96-889),
notwithstanding the provisions of Section 1-103.1 of this Code.
(b) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the 96 consecutive months (or 8
consecutive years) of service within the last 120 months (or 10
years) of service in which the total salary or earnings
calculated under the applicable Article was the highest by the
number of months (or years) of service in that period. For the
purposes of a person who first becomes a member or participant
of any retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) In Article 7 (except for service as sheriff's law
enforcement employees), "final rate of earnings".
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by him
at the date of retirement or discharge".
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall
be determined by the Public Pension Division of the Department
of Insurance and made available to the boards of the retirement
systems and pension funds by November 1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (beginning January 1, 2015, age 65 with respect to service
under Article 12 of this Code that is subject to this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
A member or participant who has attained age 62 (beginning
January 1, 2015, age 60 with respect to service under Article
12 of this Code that is subject to this Section) and has at
least 10 years of service credit and is otherwise eligible
under the requirements of the applicable Article may elect to
receive the lower retirement annuity provided in subsection (d)
of this Section.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (beginning January 1, 2015,
age 60 with respect to service under Article 12 of this Code
that is subject to this Section) with at least 10 years of
service credit shall be reduced by one-half of 1% for each full
month that the member's age is under age 67 (beginning January
1, 2015, age 65 with respect to service under Article 12 of
this Code that is subject to this Section).
(e) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the January 1 occurring either
on or after the attainment of age 67 (beginning January 1,
2015, age 65 with respect to service under Article 12 of this
Code that is subject to this Section) or the first anniversary
of the annuity start date, whichever is later. Each annual
increase shall be calculated at 3% or one-half the annual
unadjusted percentage increase (but not less than zero) in the
consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted retirement annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the annuity
if the deceased member died while receiving a retirement
annuity or (2) in other cases, on each January 1 occurring
after the first anniversary of the commencement of the annuity.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted survivor's annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(g) The benefits in Section 14-110 apply only if the person
is a State policeman, a fire fighter in the fire protection
service of a department, or a security employee of the
Department of Corrections or the Department of Juvenile
Justice, as those terms are defined in subsection (b) of
Section 14-110. A person who meets the requirements of this
Section is entitled to an annuity calculated under the
provisions of Section 14-110, in lieu of the regular or minimum
retirement annuity, only if the person has withdrawn from
service with not less than 20 years of eligible creditable
service and has attained age 60, regardless of whether the
attainment of age 60 occurs while the person is still in
service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created by
this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then that
person's annuity or retirement pension earned as an active
employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
(40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1)
Sec. 4-106.1. Discontinuation of fire protection district;
annexation to fire protection district; dissolution and
reestablishment of inactive firefighters' pension funds.
(a) Whenever a fire protection district which has
established a pension fund under this Article is discontinued
under the Fire Protection District Act "An Act in Relation to
Fire Protection Districts", and the municipality assuming the
obligations of the district is required to and has established
a Firefighters' Pension Fund under this Article, the assets of
the fund established by the district shall be transferred to
the "Board of Trustees of the Firefighters' Firefighters
Pension Fund" of the municipality. The Firefighters'
Firefighter's Pension Fund of the municipality shall assume all
accrued liabilities of the district's pension fund, and all
accrued rights, benefits and future expectancies of the
members, retired employees and beneficiaries of the district's
fund shall remain unimpaired.
(b) If a municipal fire department for which a pension fund
has been established under this Article is discontinued and the
affected territory is annexed by a fire protection district,
and the fire protection district is required to and has
established a firefighters' pension fund under this Article,
then the assets of the firefighters' pension fund established
by the municipality shall be transferred to the board of
trustees of the pension fund of the fire protection district.
The firefighters' pension fund of the fire protection district
shall assume all liabilities of the municipality's
firefighters' pension fund, and all of the accrued rights,
benefits, and future expectancies of the members, retired
employees, and beneficiaries of the municipality's
firefighters' pension fund shall remain unimpaired.
(c) The corporate authorities of a municipality for which a
pension fund has been established under this Article may, by
resolution or ordinance, dissolve the fund if an independent
auditor has certified to the authorities that the fund has no
liabilities, participants, or beneficiaries entitled to
benefits, and the authorities shall reestablish the fund if a
firefighter of the municipality seeks to establish service
credit in the fund or if reestablishment of the fund is
required upon a former firefighter's reinstatement of
creditable service under subsection (g) of Section 4-109.3 of
this Code.
The Public Pension Division of the Department of Insurance
shall adopt rules regarding the process and procedures for (i)
dissolving a pension fund under this Section and (ii)
redistributing assets and reestablishing the fund if
reestablishment of the fund is necessary.
(Source: P.A. 97-99, eff. 1-1-12; revised 9-2-16.)
(40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
Sec. 4-121. Board created. There is created in each
municipality or fire protection district a board of trustees to
be known as the "Board of Trustees of the Firefighters' Pension
Fund". The membership of the board for each municipality shall
be, respectively, as follows: in cities, the treasurer, clerk,
marshal, or chief officer of the fire department, and the
comptroller if there is one, or if not, the mayor; in each
township, village or incorporated town, the president of the
municipality's board of trustees, the village or town clerk,
village or town attorney, village or town treasurer, and the
chief officer of the fire department; and in each fire
protection district, the president and other 2 members of its
board of trustees and the marshal or chief of its fire
department or service, as the case may be; and in all the
municipalities above designated 3 additional persons chosen
from their active firefighters and one other person who has
retired under the "Firemen's Pension Fund Act of 1919", or this
Article. Notwithstanding any provision of this Section to the
contrary, the term of office of each member of a board
established on or before the 3rd Monday in April, 2006 shall
terminate on the 3rd Monday in April, 2006, but all incumbent
members shall continue to exercise all of the powers and be
subject to all of the duties of a member of the board until all
the new members of the board take office.
Beginning on the 3rd Monday in April, 2006, the board for
each municipality or fire protection district shall consist of
5 members. Two members of the board shall be appointed by the
mayor or president of the board of trustees of the municipality
or fire protection district involved. Two members of the board
shall be active participants of the pension fund who are
elected from the active participants of the fund. One member of
the board shall be a person who is retired under the Firemen's
Pension Fund Act of 1919 or this Article who is elected from
persons retired under the Firemen's Pension Fund Act of 1919 or
this Article.
For the purposes of this Section, a firefighter receiving a
disability pension shall be considered a retired firefighter.
In the event that there are no retired firefighters under the
Fund or if none is willing to serve on the board, then an
additional active firefighter shall be elected to the board in
lieu of the retired firefighter that would otherwise be
elected.
If the regularly constituted fire department of a
municipality is dissolved and Section 4-106.1 is not
applicable, the board shall continue to exist and administer
the Fund so long as there continues to be any annuitant or
deferred pensioner in the Fund. In such cases, elections shall
continue to be held as specified in this Section, except that:
(1) deferred pensioners shall be deemed to be active members
for the purposes of such elections; (2) any otherwise
unfillable positions on the board, including ex officio
positions, shall be filled by election from the remaining
firefighters and deferred pensioners of the Fund, to the extent
possible; and (3) if the membership of the board falls below 3
persons, the Illinois Director of Insurance or his designee
shall be deemed a member of the board, ex officio.
The members chosen from the active and retired firefighters
shall be elected by ballot at elections to be held on the 3rd
Monday in April of the applicable years under the Australian
ballot system, at such place or places, in the municipality,
and under such regulations as shall be prescribed by the board.
No person shall cast more than one vote for each candidate
for whom he or she is eligible to vote. In the elections for
board members to be chosen from the active firefighters, all
active firefighters and no others may vote. In the elections
for board members to be chosen from retired firefighters, the
retired firefighters and no others may vote.
Each member of the board so elected shall hold office for a
term of 3 years and until his or her successor has been duly
elected and qualified.
The board shall canvass the ballots and declare which
persons have been elected and for what term or terms
respectively. In case of a tie vote between 2 or more
candidates, the board shall determine by lot which candidate or
candidates have been elected and for what term or terms
respectively. In the event of the failure, resignation, or
inability to act of any board member, a successor shall be
elected for the unexpired term at a special election called by
the board and conducted in the same manner as a regular
election.
The board shall elect annually from its members a president
and secretary.
Board members shall not receive or have any right to
receive any salary from a pension fund for services performed
as board members.
(Source: P.A. 96-1000, eff. 7-2-10; revised 9-20-16.)
(40 ILCS 5/8-107.2) (from Ch. 108 1/2, par. 8-107.2)
Sec. 8-107.2. House of Correction Employees' Pension Act.
"House of Correction Employees' Pension Act": "An Act to
provide for the setting apart, formation and disbursement of a
house of correction employees pension fund in cities having a
population exceeding 150,000 inhabitants", approved June 10,
1911, as amended, and as continued in, or superseded by the
"Illinois Pension Code", approved March 18, 1963, under Article
19, Division 1, Sections Secs. 19-101 to 19-119, both
inclusive, as amended.
(Source: P.A. 81-1509; revised 9-2-16.)
(40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)
Sec. 8-114. Present employee. "Present employee":
(a) Any employee of an employer, or the board, on the day
before the effective date.
(b) Any person who becomes an employee of the Board of
Education on the day before the effective date and who on June
30, 1923, was a contributor to any municipal pension fund in
operation in the city on that date under the Public School
Employees' Pension Act of 1903. Any such employee shall be
considered a municipal employee during the entire time he has
been in the service of the employer.
(c) Any person who becomes an employee of the municipal
court or law department or Board of Election Commissioners on
the day before the effective date, and who on December 31,
1959, was a participant in either of the funds in operation in
the city on December 31, 1959, created under the Court and Law
Department Employees' Annuity Act or the Board of Election
Commissioners Employees' Annuity Act. Any such employee shall
be considered a municipal employee during the entire time he
has been in the service of the municipal court or law
department or Board of Election Commissioners.
(d) Any person who becomes an a employee of the Public
Library on the day before the effective date, and who on
December 31, 1965 was a contributor and participant in the fund
created under the Public Library Employes' Pension Act, in
operation in the city on December 31, 1965. Any such employee
shall be considered a municipal employee during the entire time
he has been in the service of the Public Library.
(Source: P.A. 91-357, eff. 7-29-99; revised 9-2-16.)
(40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
Sec. 9-121.6. Alternative annuity for county officers.
(a) Any county officer elected by vote of the people may
elect to establish alternative credits for an alternative
annuity by electing in writing to make additional optional
contributions in accordance with this Section and procedures
established by the board. Such elected county officer may
discontinue making the additional optional contributions by
notifying the Fund in writing in accordance with this Section
and procedures established by the board.
Additional optional contributions for the alternative
annuity shall be as follows:
(1) For service after the option is elected, an
additional contribution of 3% of salary shall be
contributed to the Fund on the same basis and under the
same conditions as contributions required under Sections
9-170 and 9-176.
(2) For service before the option is elected, an
additional contribution of 3% of the salary for the
applicable period of service, plus interest at the
effective rate from the date of service to the date of
payment. All payments for past service must be paid in full
before credit is given. No additional optional
contributions may be made for any period of service for
which credit has been previously forfeited by acceptance of
a refund, unless the refund is repaid in full with interest
at the effective rate from the date of refund to the date
of repayment.
(b) In lieu of the retirement annuity otherwise payable
under this Article, any county officer elected by vote of the
people who (1) has elected to participate in the Fund and make
additional optional contributions in accordance with this
Section, and (2) has attained age 60 with at least 10 years of
service credit, or has attained age 65 with at least 8 years of
service credit, may elect to have his retirement annuity
computed as follows: 3% of the participant's salary at the time
of termination of service for each of the first 8 years of
service credit, plus 4% of such salary for each of the next 4
years of service credit, plus 5% of such salary for each year
of service credit in excess of 12 years, subject to a maximum
of 80% of such salary. To the extent such elected county
officer has made additional optional contributions with
respect to only a portion of his years of service credit, his
retirement annuity will first be determined in accordance with
this Section to the extent such additional optional
contributions were made, and then in accordance with the
remaining Sections of this Article to the extent of years of
service credit with respect to which additional optional
contributions were not made.
(c) In lieu of the disability benefits otherwise payable
under this Article, any county officer elected by vote of the
people who (1) has elected to participate in the Fund, and (2)
has become permanently disabled and as a consequence is unable
to perform the duties of his office, and (3) was making
optional contributions in accordance with this Section at the
time the disability was incurred, may elect to receive a
disability annuity calculated in accordance with the formula in
subsection (b). For the purposes of this subsection, such
elected county officer shall be considered permanently
disabled only if: (i) disability occurs while in service as an
elected county officer and is of such a nature as to prevent
him from reasonably performing the duties of his office at the
time; and (ii) the board has received a written certification
by at least 2 licensed physicians appointed by it stating that
such officer is disabled and that the disability is likely to
be permanent.
(d) Refunds of additional optional contributions shall be
made on the same basis and under the same conditions as
provided under Sections Section 9-164, 9-166, and 9-167.
Interest shall be credited at the effective rate on the same
basis and under the same conditions as for other contributions.
Optional contributions under this Section shall be included in
the amount of employee contributions used to compute the tax
levy under Section 9-169.
(e) The effective date of this plan of optional alternative
benefits and contributions shall be January 1, 1988, or the
date upon which approval is received from the U.S. Internal
Revenue Service, whichever is later. The plan of optional
alternative benefits and contributions shall not be available
to any former county officer or employee receiving an annuity
from the Fund on the effective date of the plan, unless he
re-enters service as an elected county officer and renders at
least 3 years of additional service after the date of re-entry.
(f) Any elected county officer who was entitled to receive
a stipend from the State on or after July 1, 2009 and on or
before June 30, 2010 may establish earnings credit for the
amount of stipend not received, if the elected county official
applies in writing to the fund within 6 months after July 2,
2010 (the effective date of Public Act 96-961) this amendatory
Act of the 96th General Assembly and pays to the fund an amount
equal to (i) employee contributions on the amount of stipend
not received, (ii) employer contributions determined by the
Board equal to the employer's normal cost of the benefit on the
amount of stipend not received, plus (iii) interest on items
(i) and (ii) at the actuarially assumed rate.
(g) The plan of optional alternative benefits and
contributions authorized under this Section applies only to
county officers elected by vote of the people on or before
January 1, 2008 (the effective date of Public Act 95-654).
(Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08;
95-876, eff. 8-21-08; 96-961, eff. 7-2-10; revised 9-2-16.)
(40 ILCS 5/11-116) (from Ch. 108 1/2, par. 11-116)
Sec. 11-116. Salary. "Salary": Annual salary of an employee
as follows:
(a) Beginning on the effective date and prior to July 1,
1947, $3,000 shall be the maximum amount of annual salary of
any employee to be considered for the purposes of this Article;
and beginning on July 1, 1947 and prior to July 1, 1953 said
maximum amount shall be $4,800; and beginning on July 1, 1953
and prior to July 8, 1957, said maximum amount shall be $6,000;
and beginning on July 8, 1957, if appropriated, fixed or
arranged on an annual basis, the actual sum payable during the
year if the employee worked the full normal working time in his
position, at the rate of compensation, exclusive of overtime
and final vacation, appropriated or fixed as salary or wages
for service in the position;
(b) If appropriated, fixed or arranged on other than an
annual basis, beginning July 8, 1957, the applicable schedules
specified in Section 11-217 shall be used for conversion of the
salary to an annual basis;
(c) Beginning July 1, 1951, if the city provides lodging
for an employee without charge, his salary shall be considered
to be $120 a year more than the amount payable as salary for
the year. The salary of an employee for whom daily meals are
provided by the city shall be considered to be $120 a year more
for each such daily meal than the amount payable as his salary
for the year; .
(d) Beginning September 1, 1981, the salary of a person who
was or is an employee of a Board of Education on or after that
date shall include the amount of employee contributions, if
any, picked up by the employer for that employee under Section
11-170.1.
(Source: P.A. 85-964; revised 9-2-16.)
(40 ILCS 5/11-125.5) (from Ch. 108 1/2, par. 11-125.5)
Sec. 11-125.5. Transfer of creditable service to Article 8,
9, or 13 Fund.
(a) Any city officer as defined in Section 8-243.2 of this
Code, any county officer elected by vote of the people (and
until March 1, 1993 any other person in accordance with Section
9-121.11) who is a participant in the pension fund established
under Article 9 of this Code, and any elected sanitary district
commissioner who is a participant in a pension fund established
under Article 13 of this Code, may apply for transfer of his
credits and creditable service accumulated under this Fund to
such Article 8, 9, or 13 fund. Such creditable service shall be
transferred forthwith. Payments by this Fund to the Article 8,
9, or 13 fund shall be made at the same time and shall consist
of:
(1) the amounts accumulated to the credit of the
applicant, including interest, on the books of the Fund on
the date of transfer, but excluding any additional or
optional credits, which credits shall be refunded to the
applicant; and
(2) municipality credits computed and credited under
this Article, including interest, on the books of the Fund
on the date the applicant terminated service under the
Fund.
Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer, or
sanitary district commissioner who has credits and creditable
service under the Fund may establish additional credits and
creditable service for periods during which he could have
elected to participate participant but did not so elect.
Credits and creditable service may be established by payment to
the Fund of an amount equal to the contributions he would have
made if he had elected to participate, plus interest to the
date of payment.
(c) Any such elected city officer, county officer, or
sanitary district commissioner may reinstate credits and
creditable service terminated upon receipt of a separation
benefit, by payment to the Fund of the amount of the separation
benefit plus interest thereon to the date of payment.
(Source: P.A. 86-1488; 87-1265; revised 9-9-16.)
(40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
Sec. 18-125. Retirement annuity amount.
(a) The annual retirement annuity for a participant who
terminated service as a judge prior to July 1, 1971 shall be
based on the law in effect at the time of termination of
service.
(b) Except as provided in subsection (b-5), effective July
1, 1971, the retirement annuity for any participant in service
on or after such date shall be 3 1/2% of final average salary,
as defined in this Section, for each of the first 10 years of
service, and 5% of such final average salary for each year of
service in on excess of 10.
For purposes of this Section, final average salary for a
participant who first serves as a judge before August 10, 2009
(the effective date of Public Act 96-207) shall be:
(1) the average salary for the last 4 years of credited
service as a judge for a participant who terminates service
before July 1, 1975.
(2) for a participant who terminates service after June
30, 1975 and before July 1, 1982, the salary on the last
day of employment as a judge.
(3) for any participant who terminates service after
June 30, 1982 and before January 1, 1990, the average
salary for the final year of service as a judge.
(4) for a participant who terminates service on or
after January 1, 1990 but before July 14, 1995 (the
effective date of Public Act 89-136) this amendatory Act of
1995, the salary on the last day of employment as a judge.
(5) for a participant who terminates service on or
after July 14, 1995 (the effective date of Public Act
89-136) this amendatory Act of 1995, the salary on the last
day of employment as a judge, or the highest salary
received by the participant for employment as a judge in a
position held by the participant for at least 4 consecutive
years, whichever is greater.
However, in the case of a participant who elects to
discontinue contributions as provided in subdivision (a)(2) of
Section 18-133, the time of such election shall be considered
the last day of employment in the determination of final
average salary under this subsection.
For a participant who first serves as a judge on or after
August 10, 2009 (the effective date of Public Act 96-207) and
before January 1, 2011 (the effective date of Public Act
96-889), final average salary shall be the average monthly
salary obtained by dividing the total salary of the participant
during the period of: (1) the 48 consecutive months of service
within the last 120 months of service in which the total
compensation was the highest, or (2) the total period of
service, if less than 48 months, by the number of months of
service in that period.
The maximum retirement annuity for any participant shall be
85% of final average salary.
(b-5) Notwithstanding any other provision of this Article,
for a participant who first serves as a judge on or after
January 1, 2011 (the effective date of Public Act 96-889), the
annual retirement annuity is 3% of the participant's final
average salary for each year of service. The maximum retirement
annuity payable shall be 60% of the participant's final average
salary.
For a participant who first serves as a judge on or after
January 1, 2011 (the effective date of Public Act 96-889),
final average salary shall be the average monthly salary
obtained by dividing the total salary of the judge during the
96 consecutive months of service within the last 120 months of
service in which the total salary was the highest by the number
of months of service in that period; however, beginning January
1, 2011, the annual salary may not exceed $106,800, except that
that amount shall annually thereafter be increased by the
lesser of (i) 3% of that amount, including all previous
adjustments, or (ii) the annual unadjusted percentage increase
(but not less than zero) in the consumer price index-u for the
12 months ending with the September preceding each November 1.
"Consumer price index-u" means the index published by the
Bureau of Labor Statistics of the United States Department of
Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city
average, all items, 1982-84 = 100. The new amount resulting
from each annual adjustment shall be determined by the Public
Pension Division of the Department of Insurance and made
available to the Board by November 1st of each year.
(c) The retirement annuity for a participant who retires
prior to age 60 with less than 28 years of service in the
System shall be reduced 1/2 of 1% for each month that the
participant's age is under 60 years at the time the annuity
commences. However, for a participant who retires on or after
December 10, 1999 (the effective date of Public Act 91-653)
this amendatory Act of the 91st General Assembly, the
percentage reduction in retirement annuity imposed under this
subsection shall be reduced by 5/12 of 1% for every month of
service in this System in excess of 20 years, and therefore a
participant with at least 26 years of service in this System
may retire at age 55 without any reduction in annuity.
The reduction in retirement annuity imposed by this
subsection shall not apply in the case of retirement on account
of disability.
(d) Notwithstanding any other provision of this Article,
for a participant who first serves as a judge on or after
January 1, 2011 (the effective date of Public Act 96-889) and
who is retiring after attaining age 62, the retirement annuity
shall be reduced by 1/2 of 1% for each month that the
participant's age is under age 67 at the time the annuity
commences.
(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;
96-1000, eff. 7-2-10; 96-1490, eff. 1-1-11; revised 9-9-16.)
(40 ILCS 5/22A-111) (from Ch. 108 1/2, par. 22A-111)
Sec. 22A-111. The Board shall manage the investments of any
pension fund, retirement system, or education fund for the
purpose of obtaining a total return on investments for the long
term. It also shall perform such other functions as may be
assigned or directed by the General Assembly.
The authority of the board to manage pension fund
investments and the liability shall begin when there has been a
physical transfer of the pension fund investments to the board
and placed in the custody of the board's custodian.
The authority of the board to manage monies from the
education fund for investment and the liability of the board
shall begin when there has been a physical transfer of
education fund investments to the board and placed in the
custody of the board's custodian.
The board may not delegate its management functions, but it
may, but is not required to, arrange to compensate for
personalized investment advisory service for any or all
investments under its control with any national or state bank
or trust company authorized to do a trust business and
domiciled in Illinois, other financial institution organized
under the laws of Illinois, or an investment advisor who is
qualified under the Federal Investment Advisers Advisors Act of
1940 and is registered under the Illinois Securities Law of
1953. Nothing contained herein shall prevent the Board from
subscribing to general investment research services available
for purchase or use by others. The Board shall also have the
authority to compensate for accounting services.
This Section shall not be construed to prohibit the
Illinois State Board of Investment from directly investing
pension assets in public market investments, private
investments, real estate investments, or other investments
authorized by this Code.
(Source: P.A. 99-708, eff. 7-29-16; revised 10-27-16.)
Section 245. The Public Building Commission Act is amended
by changing Section 20.5 as follows:
(50 ILCS 20/20.5)
(Section scheduled to be repealed on June 1, 2018)
Sec. 20.5. Procedures for design-build selection.
(a) The Commission must use a two-phase procedure for the
selection of the successful design-build entity. Phase I of the
procedure will evaluate and shortlist the design-build
entities based on qualifications, and Phase II will evaluate
the technical and cost proposals.
(b) The Commission shall include in the request for
proposal the evaluating factors to be used in Phase I. These
factors are in addition to any prequalification requirements of
design-build entities that the Commission has set forth. Each
request for proposal shall establish the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
The Commission shall include the following criteria in
every Phase I evaluation of design-build entities: (1)
experience of personnel; (2) successful experience with
similar project types; (3) financial capability; (4)
timeliness of past performance; (5) experience with similarly
sized projects; (6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of the
project and qualifications of the entity's consultants; and (8)
ability or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for minority and women
business enterprises established by the corporate authorities
of the Commission and in complying with Section 2-105 of the
Illinois Human Rights Act. The Commission may include any
additional relevant criteria in Phase I that it deems necessary
for a proper qualification review. The Commission may include
any additional relevant criteria in Phase I that it deems
necessary for a proper qualification review.
The Commission may not consider any design-build entity for
evaluation or award if the entity has any pecuniary interest in
the project or has other relationships or circumstances,
including but not limited to, long-term leasehold, mutual
performance, or development contracts with the Commission,
that may give the design-build entity a financial or tangible
advantage over other design-build entities in the preparation,
evaluation, or performance of the design-build contract or that
create the appearance of impropriety. No design-build proposal
shall be considered that does not include an entity's plan to
comply with the requirements established in the minority and
women business enterprises and economically disadvantaged
firms established by the corporate authorities of the
Commission and with Section 2-105 of the Illinois Human Rights
Act.
Upon completion of the qualifications evaluation, the
Commission shall create a shortlist of the most highly
qualified design-build entities. The Commission, in its
discretion, is not required to shortlist the maximum number of
entities as identified for Phase II evaluation, provided
however, no less than 2 design-build entities nor more than 6
are selected to submit Phase II proposals.
The Commission shall notify the entities selected for the
shortlist in writing. This notification shall commence the
period for the preparation of the Phase II technical and cost
evaluations. The Commission must allow sufficient time for the
shortlist entities to prepare their Phase II submittals
considering the scope and detail requested by the Commission.
(c) The Commission shall include in the request for
proposal the evaluating factors to be used in the technical and
cost submission components of Phase II. Each request for
proposal shall establish, for both the technical and cost
submission components of Phase II, the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Commission. The
Commission must maintain a record of the evaluation scoring to
be disclosed in event of a protest regarding the solicitation.
The Commission shall include the following criteria in
every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project; (2) compliance
of proposed services to the request for proposal requirements;
(3) quality of products or materials proposed; (4) quality of
design parameters; (5) design concepts; (6) innovation in
meeting the scope and performance criteria; and (7)
constructability of the proposed project. The Commission may
include any additional relevant technical evaluation factors
it deems necessary for proper selection.
The Commission shall include the following criteria in
every Phase II cost evaluation: the guaranteed maximum project
cost and the time of completion. The Commission may include any
additional relevant technical evaluation factors it deems
necessary for proper selection. The guaranteed maximum project
cost criteria weighing factor shall not exceed 30%.
The Commission shall directly employ or retain a licensed
design professional to evaluate the technical and cost
submissions to determine if the technical submissions are in
accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost
submissions evaluation, the Commission may award the
design-build contract to the highest overall ranked entity.
(d) This Section is repealed on June 1, 2018; provided that
any design-build contracts entered into before such date or any
procurement of a project under this Act commenced before such
date, and the contracts resulting from those procurements,
shall remain effective.
(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,
eff. 1-7-14; revised 9-20-16.)
Section 250. The Public Officer Prohibited Activities Act
is amended by changing Section 3 as follows:
(50 ILCS 105/3) (from Ch. 102, par. 3)
Sec. 3. Prohibited interest in contracts.
(a) No person holding any office, either by election or
appointment under the laws or Constitution of this State, may
be in any manner financially interested directly in his own
name or indirectly in the name of any other person,
association, trust, or corporation, in any contract or the
performance of any work in the making or letting of which such
officer may be called upon to act or vote. No such officer may
represent, either as agent or otherwise, any person,
association, trust, or corporation, with respect to any
application or bid for any contract or work in regard to which
such officer may be called upon to vote. Nor may any such
officer take or receive, or offer to take or receive, either
directly or indirectly, any money or other thing of value as a
gift or bribe or means of influencing his vote or action in his
official character. Any contract made and procured in violation
hereof is void. This Section shall not apply to any person
serving on an advisory panel or commission, to any director
serving on a hospital district board as provided under
subsection (a-5) of Section 13 of the Hospital District Law, or
to any person serving as both a contractual employee and as a
member of a public hospital board as provided under Article 11
of the Illinois Municipal Code in a municipality with a
population between 13,000 and 16,000 that is located in a
county with a population between 50,000 and 70,000.
(b) However, any elected or appointed member of the
governing body may provide materials, merchandise, property,
services, or labor, subject to the following provisions under
either paragraph (1) or (2):
(1) If:
A. the contract is with a person, firm,
partnership, association, corporation, or cooperative
association in which such interested member of the
governing body of the municipality has less than a 7
1/2% share in the ownership; and
B. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
C. such interested member abstains from voting on
the award of the contract, though he shall be
considered present for the purposes of establishing a
quorum; and
D. such contract is approved by a majority vote of
those members presently holding office; and
E. the contract is awarded after sealed bids to the
lowest responsible bidder if the amount of the contract
exceeds $1500, or awarded without bidding if the amount
of the contract is less than $1500; and
F. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to
the same person, firm, association, partnership,
corporation, or cooperative association in the same
fiscal year to exceed $25,000.
(2) If:
A. the award of the contract is approved by a
majority vote of the governing body of the municipality
provided that any such interested member shall abstain
from voting; and
B. the amount of the contract does not exceed
$2,000; and
C. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to
the same person, firm, association, partnership,
corporation, or cooperative association in the same
fiscal year to exceed $4,000; and
D. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
E. such interested member abstains from voting on
the award of the contract, though he shall be
considered present for the purposes of establishing a
quorum.
(b-5) In addition to the above exemptions, any elected or
appointed member of the governing body may provide materials,
merchandise, property, services, or labor if:
A. the contract is with a person, firm, partnership,
association, corporation, or cooperative association in
which the interested member of the governing body of the
municipality, advisory panel, or commission has less than a
1% share in the ownership; and
B. the award of the contract is approved by a majority
vote of the governing body of the municipality provided
that any such interested member shall abstain from voting;
and
C. such interested member publicly discloses the
nature and extent of his interest before or during
deliberations concerning the proposed award of the
contract; and
D. such interested member abstains from voting on the
award of the contract, though he shall be considered
present for the purposes of establishing a quorum.
(c) A contract for the procurement of public utility
services by a public entity with a public utility company is
not barred by this Section by one or more members of the
governing body of the public entity being an officer or
employee of the public utility company or holding an ownership
interest of no more than 7 1/2% in the public utility company,
or holding an ownership interest of any size if the public
entity is a municipality with a population of less than 7,500
and the public utility's rates are approved by the Illinois
Commerce Commission. An elected or appointed member of the
governing body of the public entity having such an interest
shall be deemed not to have a prohibited interest under this
Section.
(d) Notwithstanding any other provision of this Section or
any other law to the contrary, until January 1, 1994, a member
of the city council of a municipality with a population under
20,000 may purchase real estate from the municipality, at a
price of not less than 100% of the value of the real estate as
determined by a written MAI certified appraisal or by a written
certified appraisal of a State certified or licensed real
estate appraiser, if the purchase is approved by a unanimous
vote of the city council members then holding office (except
for the member desiring to purchase the real estate, who shall
not vote on the question).
(e) For the purposes of this Section only, a municipal
officer shall not be deemed interested if the officer is an
employee of a company or owns or holds an interest of 1% or
less in the municipal officer's individual name in a company,
or both, that company is involved in the transaction of
business with the municipality, and that company's stock is
traded on a nationally recognized securities market, provided
the interested member: (i) publicly discloses the fact that he
or she is an employee or holds an interest of 1% or less in a
company before deliberation of the proposed award of the
contract; (ii) refrains from evaluating, recommending,
approving, deliberating, or otherwise participating in
negotiation, approval, or both, of the contract, work, or
business; (iii) abstains from voting on the award of the
contract though he or she shall be considered present for
purposes of establishing a quorum; and (iv) the contract is
approved by a majority vote of those members currently holding
office.
A municipal officer shall not be deemed interested if the
officer owns or holds an interest of 1% or less, not in the
officer's individual name but through a mutual fund or
exchange-traded fund, in a company, that company is involved in
the transaction of business with the municipality, and that
company's stock is traded on a nationally recognized securities
market.
(f) Under either of the following circumstances, a
municipal or county officer may hold a position on the board of
a not-for-profit corporation that is interested in a contract,
work, or business of the municipality or county:
(1) If the municipal or county officer is appointed by
the governing body of the municipality or county to
represent the interests of the municipality or county on a
not-for-profit corporation's board, then the municipal or
county officer may actively vote on matters involving
either that board or the municipality or county, at any
time, so long as the membership on the not-for-profit board
is not a paid position, except that the municipal or county
officer may be reimbursed by the not-for-profit
non-for-profit board for expenses incurred as the result of
membership on the not-for-profit non-for-profit board.
(2) If the municipal or county officer is not appointed
to the governing body of a not-for-profit corporation by
the governing body of the municipality or county, then the
municipal or county officer may continue to serve; however,
the municipal or county officer shall abstain from voting
on any proposition before the municipal or county governing
body directly involving the not-for-profit corporation
and, for those matters, shall not be counted as present for
the purposes of a quorum of the municipal or county
governing body.
(Source: P.A. 97-520, eff. 8-23-11; 98-1083, eff. 1-1-15;
revised 9-22-16.)
Section 255. The Local Government Travel Expense Control
Act is amended by changing Sections 10 and 15 as follows:
(50 ILCS 150/10)
Sec. 10. Regulation of travel expenses. All local public
agencies shall, by resolution or ordinance, regulate the
reimbursement of all travel, meal, and lodging expenses of
officers and employees, including, but not limited to: (1) the
types of official business for which travel, meal, and lodging
expenses are allowed; (2) maximum allowable reimbursement for
travel, meal, and lodging expenses; and (3) a standardized form
for submission of travel, meal, and lodging expenses supported
by the minimum documentation required under Section 20 of this
Act. The regulations may allow for approval of expenses that
exceed the maximum allowable travel, meal, or lodging expenses
because of emergency or other extraordinary circumstances. On
and after 180 days after January 1, 2017 (the effective date of
this Act) of the 99th General Assembly, no travel, meal, or
lodging expense shall be approved or paid by a local public
agency unless regulations have been adopted under this Section.
(Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)
(50 ILCS 150/15)
Sec. 15. Approval of expenses. On or after 60 days after
January 1, 2017 (the effective date of this Act) of the 99th
General Assembly, expenses for travel, meals, and lodging of:
(1) any officer or employee that exceeds the maximum allowed
under the regulations adopted under Section 10 of this Act; or
(2) any member of the governing board or corporate authorities
of the local public agency, may only be approved by roll call
vote at an open meeting of the governing board or corporate
authorities of the local public agency.
(Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)
Section 260. The Local Records Act is amended by changing
Section 6 as follows:
(50 ILCS 205/6) (from Ch. 116, par. 43.106)
Sec. 6. For those agencies comprising counties of 3,000,000
or more inhabitants or located in or coterminous co-terminous
with any such county or a majority of whose inhabitants reside
in any such county, this Act shall be administered by a Local
Records Commission consisting of the president of the county
board of the county wherein the records are kept, the mayor of
the most populous city in such county, the State's attorney of
such county, the County comptroller, the State archivist, and
the State historian. The president of the county board shall be
the chairman of the Commission.
For all other agencies, this Act shall be administered by a
Local Records Commission consisting of a chairman of a county
board, who shall be chairman of the Commission, a mayor or
president of a city, village or incorporated town, a county
auditor, and a State's attorney, all of whom shall be appointed
by the Governor, the State archivist, and the State historian.
A member of either Commission may designate a substitute.
Either Commission may employ such technical, professional
and clerical assistants as are necessary.
Either Commission shall meet upon call of its chairman.
(Source: Laws 1961, p. 3503; revised 9-20-16.)
Section 265. The Illinois Police Training Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 10.19 as follows:
(50 ILCS 705/10.19)
Sec. 10.19. Training; administration of epinephrine.
(a) This Section, along with Section 40 of the State Police
Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of a local governmental agency.
(c) The Board shall conduct or approve an optional advanced
training program for police officers to recognize and respond
to anaphylaxis, including the administration of an epinephrine
auto-injector. The training must include, but is not limited
to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
(d) A local governmental agency may authorize a police
officer who has completed an optional advanced training program
under subsection (c) to carry, administer, or assist with the
administration of epinephrine auto-injectors provided by the
local governmental agency whenever he or she is performing
official duties.
(e) A local governmental agency that authorizes its
officers to carry and administer epinephrine auto-injectors
under subsection (d) must establish a policy to control the
acquisition, storage, transportation, administration, and
disposal of epinephrine auto-injectors and to provide
continued training in the administration of epinephrine
auto-injectors.
(f) A physician, physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of a
local governmental agency to be maintained for use when
necessary.
(g) When a police officer administers an epinephrine
auto-injector in good faith, the police officer and local
governmental agency, and its employees and agents, incur no
liability, except for willful and wanton conduct, as a result
of any injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 99-711, eff. 1-1-17.)
(50 ILCS 705/10.20)
Sec. 10.20 10.19. Disposal of medications. The Board shall
develop rules and minimum standards for local governmental
agencies that authorize police officers to dispose of unused
medications under Section 18 of the Safe Pharmaceutical
Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17; revised 10-21-16.)
(50 ILCS 705/10.21)
Sec. 10.21 10.19. Training; sexual assault and sexual
abuse.
(a) The Illinois Law Enforcement Training Standards Board
shall conduct or approve training programs in trauma-informed
responses and investigations of sexual assault and sexual
abuse, which include, but is not limited to, the following:
(1) recognizing the symptoms of trauma;
(2) understanding the role trauma has played in a
victim's life;
(3) responding to the needs and concerns of a victim;
(4) delivering services in a compassionate, sensitive,
and nonjudgmental manner;
(5) interviewing techniques in accordance with the
curriculum standards in subsection (f) of this Section;
(6) understanding cultural perceptions and common
myths of sexual assault and sexual abuse; and
(7) report writing techniques in accordance with the
curriculum standards in subsection (f) of this Section.
(b) This training must be presented in all full and
part-time basic law enforcement academies on or before July 1,
2018.
(c) Agencies employing law enforcement officers must
present this training to all law enforcement officers within 3
years after January 1, 2017 (the effective date of Public Act
99-801) this amendatory Act of the 99th General Assembly and
must present in-service training on sexual assault and sexual
abuse response and report writing training requirements every 3
years.
(d) Agencies employing law enforcement officers who
conduct sexual assault and sexual abuse investigations must
provide specialized training to these officers on sexual
assault and sexual abuse investigations within 2 years after
January 1, 2017 (the effective date of Public Act 99-801) this
amendatory Act of the 99th General Assembly and must present
in-service training on sexual assault and sexual abuse
investigations to these officers every 3 years.
(e) Instructors providing this training shall have
successfully completed training on evidence-based,
trauma-informed, victim-centered response to cases of sexual
assault and sexual abuse and have experience responding to
sexual assault and sexual abuse cases.
(f) The Board shall adopt rules, in consultation with the
Office of the Illinois Attorney General and the Department of
State Police, to determine the specific training requirements
for these courses, including, but not limited to, the
following:
(1) evidence-based curriculum standards for report
writing and immediate response to sexual assault and sexual
abuse, including trauma-informed, victim-centered
interview techniques, which have been demonstrated to
minimize retraumatization, for probationary police
officers and all law enforcement officers; and
(2) evidence-based curriculum standards for
trauma-informed, victim-centered investigation and
interviewing techniques, which have been demonstrated to
minimize retraumatization, for cases of sexual assault and
sexual abuse for law enforcement officers who conduct
sexual assault and sexual abuse investigations.
(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
Section 270. The Regional Fire Protection Agency Act is
amended by changing Section 25 as follows:
(50 ILCS 741/25)
Sec. 25. Creation of an Agency by petition and referendum.
(a) Petition. A Regional Fire Protection Agency may
exclusively be formed upon petition signed by the lesser of:
(i) at least 8% of the total votes cast for candidates for
Governor in the preceding gubernatorial election in each of the
units of local government governments included in the Regional
Fire Protection Agency; or (ii) at least 500 legal voters in
each of the units of local government to be included in the
Regional Fire Protection Agency. The petition shall be filed in
the circuit court of the county in which the greater part of
the land of the proposed Regional Fire Protection Agency shall
be situated. The petition shall set forth the names of the
units of local government proposed to be included, the name of
the proposed Regional Fire Protection Agency, the benefits of
consolidating the units of local government within a Regional
Fire Protection Agency, the names of the representatives of the
petitioners from each unit of local government who shall be
authorized to serve on the Joint Committee, and up to 3
alternate representatives from each unit of local government in
the event a designated representative ceases to be an elector
of their jurisdiction or resigns from the Joint Committee. Upon
its filing, the petition shall be presented to the court, and
the court shall fix the date and hour for a hearing.
(b) Notice of Hearing. Upon the filing of the petition, the
court shall set a hearing date that is at least 4 weeks, but
not more than 8 weeks, after the date the petition is filed.
The court, clerk, petitioner's counsel, or sheriff shall, upon
order of the court, give notice 21 days before the hearing in
one or more daily or weekly newspapers of general circulation
in each county where an affected unit of local government is
organized. The notice must describe the units of local
government to be included and shall state that if the
conditions required by this Section are met, then the
proposition for the creation of the Agency shall be submitted
to the voters of the units of local government in the proposed
Agency by order of the court.
(c) Hearing and referendum. At the hearing, the court shall
first determine whether the petition is supported by the
required number of valid signatures of legal voters within the
contiguous units of local government. If the petition is
proper, then the court shall remand the matter to a Special
Mediator who shall mediate the negotiations regarding the terms
of an intergovernmental agreement by the members of the Joint
Committee as provided in subsection (d) of this Section. The
Special Mediator shall be a member of the bar of the State of
Illinois or a member of the faculty of an accredited law
school. The Special Mediator shall have practiced law for at
least 7 years and be knowledgeable about municipal, labor,
employment, and election law. The Special Mediator shall be
free of any conflicts of interest. The Special Mediator shall
have strong mediation skills and the temperament and training
to listen well, facilitate communication, and assist with
negotiations. Special Mediators shall have sufficient
experience and familiarity with municipal, labor, employment,
and election law to provide a credible evaluation and
assessment of relative positions. The Special Mediator
assigned to mediate the Joint Committee's negotiations shall be
selected by the members of the Joint Committee from a panel of
7 individuals provided by the Joint Labor Management Committee,
as it is defined in Section 50 of the Fire Department Promotion
Act. The panel shall be randomly selected by the Joint Labor
Management Committee from a master list maintained by the Joint
Labor Management Committee consisting of at least 14 qualified
Special Mediators. If the members fail to agree, the court
shall appoint the Special Mediator. The Joint Committee may
elect to conduct negotiations without the assistance of the
Special Mediator upon a majority vote of the Joint Committee.
To certify a question for referendum, the court must find that:
(i) based upon a preponderance of the evidence, at least 2 of
the 3 Joint Committee representatives appointed by the court
for each unit of local government included in the proposed
Agency have executed an intergovernmental agreement that
includes terms that are in compliance with the requirements
under subsection (d) of this Section; (ii) the terms of an
agreed-upon intergovernmental agreement have been approved by
the requisite governing bodies of each of the units of local
government; and (iii) should the terms of an agreed-upon
intergovernmental agreement change the terms of the collective
bargaining agreement for a bargaining unit of employees of any
local unit of government of the proposed Regional Fire
Protection Agency, any affected collective bargaining units
must also approve all such changes in the terms of the
collective bargaining agreement.
(d) Joint Committee. The court shall allow appointments to
the Joint Committee as follows:
(1) A representative of each unit of local government
included within the proposed service area of the proposed
Agency.
(2) A representative of each collective bargaining
unit that is a party to a collective bargaining agreement
with a unit of local government to provide fire suppression
or emergency medical services, or both, included within the
proposed Agency.
(3) A representative for the petitioners from each unit
of local government included within the proposed Agency, as
designated by the petition, or, if none are designated or
willing to serve, then chosen by the court from among the
legal voters that signed the petition.
(e) Joint Committee Negotiations. After remand, the
Special Mediator shall schedule a meeting of the Joint
Committee and facilitate the members in negotiating the terms
of an intergovernmental agreement. The first order of business
shall be to establish a financial baseline for the current
costs of fire and emergency medical services provided by the
units of local government party to the Joint Committee. To this
end, each unit of local government party to the Joint Committee
shall disclose to the Joint Committee the total aggregate
expenditures it allocates for providing all fire, rescue, and
emergency medical services. These expenditures shall include,
but are not limited to, the following cost factors: (i) all
expenses from the corporate fund and other operational funds
related to fire protection services, whether direct or
indirect, for the current fiscal year; and (ii) all costs,
whether direct or indirect, paid from other funds, including,
but not limited to, capital or building funds, pension funds,
workers' compensation funds, health insurance funds,
enterprise funds, administrative funds, and all other funds
from which money is, or may be, paid or transferred to pay for
the administration and compensation or benefits for employees
or persons assigned to provide fire or emergency medical
services or related services, equipment, and buildings and
their maintenance or operation and debt service for any
expenditures related to these or related cost factors.
The Special Mediator or the court, or both if necessary,
shall facilitate the computation and production of this
financial baseline unless the Joint Committee elects to conduct
negotiations without the assistance of the Special Mediator.
The financial baseline shall serve as the predicate to: (i) the
annual contributions to be made by each unit of local
government to the costs of providing fire and emergency medical
services to the service area established for the proposed
Regional Fire Protection Agency; and (ii) for the court's
findings pursuant to subsection (f) of this Section.
The Joint Committee may take note or give due consideration
to available resources, studies, and plans that may facilitate
the resolution of issues relating to the terms of an agreement.
Negotiations may continue for a period of 90 days or, if the
court determines that additional time will facilitate
agreement, longer.
If no agreement is reached, the court shall dismiss the
petition. If an agreement is reached, the court shall schedule
an evidentiary hearing with notice to determine if the terms of
the agreement are in compliance with the requirements of
subsection (f) of this Section. The expenses of the Special
Mediator shall be apportioned equally among the included units
of local government unless the parties agree otherwise in the
intergovernmental agreement.
If the intergovernmental agreement has been approved by the
governing bodies of at least 2 units of local government
included in the original petition, then the petition may
proceed, provided that the agreement is also executed by at
least 2 of 3 Joint Committee representatives from each affected
unit of local government included in the original petition. The
units of local government that did not consent to inclusion
shall be dismissed, and an amended petition on behalf of the
consenting units of local government shall be scheduled for an
evidentiary hearing.
The persons or entities, or their duly authorized
representatives, that shall have standing to present evidence
at the hearing are the petitioners, the units of local
government that sought to be included in the proposed Agency,
and the representatives of each collective bargaining unit that
is a party to a collective bargaining agreement with a fire
protection jurisdiction within a unit of local government
included within the proposed Agency.
If the court finds, by a preponderance of the evidence,
that the petition is supported by a proper intergovernmental
agreement, the court shall enter an order certifying the
proposition to the proper election officials, who shall submit
the question of the creation of the proposed Agency to the
legal voters of each included unit of local government at the
next election. Notice of the election shall be given and the
election conducted in the manner provided by the general
election law. The notice shall state the boundaries of the
proposed Agency.
The question shall be submitted in substantially the
following form:
Shall the service areas of (names of existing units of
local government to be combined) be combined to create the
(name of the Regional Fire Protection Agency)?
Responses shall be recorded as "Yes" or "No".
A written statement of the election results shall be filed
with the court. If, in each unit of local government included
within the boundaries of the Regional Fire Protection Agency, a
majority of the voters voting on the question favor the
proposition, then the court shall issue an order stating that
the Agency has been approved.
(f) Intergovernmental agreement; minimum standards of
service. The terms of the intergovernmental agreement shall
ensure that all of the following standards of service are met:
(1) The formation of the Agency shall result in no net
increase in the cost of fire protection services and
emergency medical services to the units of local government
in the proposed Agency due to the reduction or elimination
of duplicative administrative costs, operational costs,
equipment costs, or capital expenditures unless members of
the Joint Committee can demonstrate that an increase in the
cost to a participating unit of local government is
justified by a corresponding increase in the level of
services provided under the terms of the intergovernmental
agreement.
(2) The formation of the Agency shall not increase the
average response times in any included unit of local
government.
(3) Agencies shall have no independent ability to levy
taxes and shall rely on the fiscal support and
contributions from component fire protection
jurisdictions, as required under the terms of the
intergovernmental agreement.
(Source: P.A. 98-1095, eff. 8-26-14; revised 9-20-16.)
Section 275. The Counties Code is amended by changing
Sections 3-6012.1, 4-2002.1, 4-11001.5, 5-25013, and 5-43035
as follows:
(55 ILCS 5/3-6012.1)
Sec. 3-6012.1. Court security officers. The sheriff of any
county in Illinois with less than 3,000,000 inhabitants may
hire court security officers in such number as the county board
shall from time to time deem necessary. Court security officers
may be designated by the Sheriff to attend courts and perform
the functions set forth in Section 3-6023. Court security
officers shall have the authority to arrest; however, such
arrest powers shall be limited to performance of their official
duties as court security officers. Court security officers may
carry weapons, upon which they have been trained and qualified
as permitted by law, at their place of employment and to and
from their place of employment with the consent of the Sheriff.
The court security officers shall be sworn officers of the
Sheriff and shall be primarily responsible for the security of
the courthouse and its courtrooms. The court security officers
shall be under the sole control of the sheriff of the county in
which they are hired. No court security officer shall be
subject to the jurisdiction of a Sheriff's Merit Commission
unless the officer was hired through the Sheriff's Merit
Commission's certified applicant process under Section 3-8010
of the Counties Code. They are not regular appointed deputies
under Section 3-6008. The position of court security officer
shall not be considered a rank when seeking initial appointment
as deputy sheriff under Section 3-8011.
Every court security officer hired on or after June 1, 1997
(the effective date of Public Act 89-685) this amendatory Act
of 1996 shall serve a probationary period of 12 months during
which time they may be discharged at the will of the Sheriff.
(Source: P.A. 99-10, eff. 1-1-16; revised 9-20-16.)
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
Sec. 4-2002.1. State's attorney fees in counties of
3,000,000 or more population. This Section applies only to
counties with 3,000,000 or more inhabitants.
(a) State's attorneys shall be entitled to the following
fees:
For each conviction in prosecutions on indictments for
first degree murder, second degree murder, involuntary
manslaughter, criminal sexual assault, aggravated criminal
sexual assault, aggravated criminal sexual abuse, kidnapping,
arson and forgery, $60. All other cases punishable by
imprisonment in the penitentiary, $60.
For each conviction in other cases tried before judges of
the circuit court, $30; except that if the conviction is in a
case which may be assigned to an associate judge, whether or
not it is in fact assigned to an associate judge, the fee shall
be $20.
For preliminary examinations for each defendant held to
bail or recognizance, $20.
For each examination of a party bound over to keep the
peace, $20.
For each defendant held to answer in a circuit court on a
charge of paternity, $20.
For each trial on a charge of paternity, $60.
For each case of appeal taken from his county or from the
county to which a change of venue is taken to his county to the
Supreme or Appellate Court when prosecuted or defended by him,
$100.
For each day actually employed in the trial of a case, $50;
in which case the court before whom the case is tried shall
make an order specifying the number of days for which a per
diem shall be allowed.
For each day actually employed in the trial of cases of
felony arising in their respective counties and taken by change
of venue to another county, $50; and the court before whom the
case is tried shall make an order specifying the number of days
for which said per diem shall be allowed; and it is hereby made
the duty of each State's attorney to prepare and try each case
of felony arising when so taken by change of venue.
For assisting in a trial of each case on an indictment for
felony brought by change of venue to their respective counties,
the same fees they would be entitled to if such indictment had
been found for an offense committed in his county, and it shall
be the duty of the State's attorney of the county to which such
cause is taken by change of venue to assist in the trial
thereof.
For each case of forfeited recognizance where the
forfeiture is set aside at the instance of the defense, in
addition to the ordinary costs, $20 for each defendant.
For each proceeding in a circuit court to inquire into the
alleged mental illness of any person, $20 for each defendant.
For each proceeding in a circuit court to inquire into the
alleged dependency or delinquency of any child, $20.
For each day actually employed in the hearing of a case of
habeas corpus in which the people are interested, $50.
All the foregoing fees shall be taxed as costs to be
collected from the defendant, if possible, upon conviction. But
in cases of inquiry into the mental illness of any person
alleged to be mentally ill, in cases on a charge of paternity
and in cases of appeal in the Supreme or Appellate Court, where
judgment is in favor of the accused, the fees allowed the
State's attorney therein shall be retained out of the fines and
forfeitures collected by them in other cases.
Ten per cent of all moneys except revenue, collected by
them and paid over to the authorities entitled thereto, which
per cent together with the fees provided for herein that are
not collected from the parties tried or examined, shall be paid
out of any fines and forfeited recognizances collected by them,
provided however, that in proceedings to foreclose the lien of
delinquent real estate taxes State's attorneys shall receive a
fee, to be credited to the earnings of their office, of 10% of
the total amount realized from the sale of real estate sold in
such proceedings. Such fees shall be paid from the total amount
realized from the sale of the real estate sold in such
proceedings.
State's attorneys shall have a lien for their fees on all
judgments for fines or forfeitures procured by them and on
moneys except revenue received by them until such fees and
earnings are fully paid.
No fees shall be charged on more than 10 counts in any one
indictment or information on trial and conviction; nor on more
than 10 counts against any one defendant on pleas of guilty.
The Circuit Court may direct that of all monies received,
by restitution or otherwise, which monies are ordered paid to
the Department of Healthcare and Family Services (formerly
Department of Public Aid) or the Department of Human Services
(acting as successor to the Department of Public Aid under the
Department of Human Services Act) as a direct result of the
efforts of the State's attorney and which payments arise from
Civil or Criminal prosecutions involving the Illinois Public
Aid Code or the Criminal Code, the following amounts shall be
paid quarterly by the Department of Healthcare and Family
Services or the Department of Human Services to the General
Corporate Fund of the County in which the prosecution or cause
of action took place:
(1) where the monies result from child support
obligations, not less than 25% of the federal share of the
monies received,
(2) where the monies result from other than child
support obligations, not less than 25% of the State's share
of the monies received.
In addition to any other amounts to which State's Attorneys
are entitled under this Section, State's Attorneys are entitled
to $10 of the fine that is imposed under Section 5-9-1.17 of
the Unified Code of Corrections, as set forth in that Section.
(b) A municipality shall be entitled to a $25 prosecution
fee for each conviction for a violation of the Illinois Vehicle
Code prosecuted by the municipal attorney pursuant to Section
16-102 of that Code which is tried before a circuit or
associate judge and shall be entitled to a $25 prosecution fee
for each conviction for a violation of a municipal vehicle
ordinance prosecuted by the municipal attorney which is tried
before a circuit or associate judge. Such fee shall be taxed as
costs to be collected from the defendant, if possible, upon
conviction. A municipality shall have a lien for such
prosecution fees on all judgments or fines procured by the
municipal attorney from prosecutions for violations of the
Illinois Vehicle Code and municipal vehicle ordinances.
For the purposes of this subsection (b), "municipal vehicle
ordinance" means any ordinance enacted pursuant to Sections
11-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
Municipal Code or any ordinance enacted by a municipality which
is similar to a provision of Chapter 11 of the Illinois Vehicle
Code.
(c) State's attorneys shall be entitled to a $2 fee to be
paid by the defendant on a judgment of guilty or a grant of
supervision for a violation of any provision of the Illinois
Vehicle Code or any felony, misdemeanor, or petty offense to
discharge the expenses of the State's Attorney's office for
establishing and maintaining automated record keeping systems.
The fee shall be remitted monthly to the county treasurer, to
be deposited by him or her into a special fund designated as
the State's Attorney Records Automation Fund. Expenditures
from this fund may be made by the State's Attorney for
hardware, software, research, and development costs and
personnel related thereto.
For the purposes of this subsection (b), "municipal vehicle
ordinance" means any ordinance enacted pursuant to Sections
11-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois
Municipal Code or any ordinance enacted by a municipality which
is similar to a provision of Chapter 11 of the Illinois Vehicle
Code.
(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;
97-673, eff. 6-1-12; revised 10-31-16.)
(55 ILCS 5/4-11001.5)
(Section scheduled to be repealed on December 31, 2019)
Sec. 4-11001.5. Lake County Children's Advocacy Center
Pilot Program.
(a) The Lake County Children's Advocacy Center Pilot
Program is established. Under the Pilot Program, any grand
juror or petit juror in Lake County may elect to have his or
her juror fees earned under Section 4-11001 of this Code to be
donated to the Lake County Children's Advocacy Center, a
division of the Lake County State's Attorney's office.
(b) On or before January 1, 2017, the Lake County board
shall adopt, by ordinance or resolution, rules and policies
governing and effectuating the ability of jurors to donate
their juror fees to the Lake County Children's Advocacy Center
beginning January 1, 2017 and ending December 31, 2018. At a
minimum, the rules and policies must provide:
(1) for a form that a juror may fill out to elect to
donate his or her their juror fees. The form must contain a
statement, in at least 14-point bold type, that donation of
juror fees is optional;
(2) that all monies donated by jurors shall be
transferred by the county to the Lake County Children's
Advocacy Center at the same time a juror is paid under
Section 4-11001 of this Code who did not elect to donate
his or her their juror fees; and
(3) that all juror fees donated under this Section
shall be used exclusively for the operation of Lake County
Children's Advocacy Center.
(c) The following information shall be reported to the
General Assembly and the Governor by the Lake County board
after each calendar year of the Pilot Program on or before
March 31, 2018 and March 31, 2019:
(1) the number of grand and petit jurors who earned
fees under Section 4-11001 of this Code during the previous
calendar year;
(2) the number of grand and petit jurors who donated
fees under this Section during the previous calendar year;
(3) the amount of donated fees under this Section
during the previous calendar year;
(4) how the monies donated in the previous calendar
year were used by the Lake County Children's Advocacy
Center; and
(5) how much cost there was incurred by Lake County and
the Lake County State's Attorney's office in the previous
calendar year in implementing the Pilot Program.
(d) This Section is repealed on December 31, 2019.
(Source: P.A. 99-583, eff. 7-15-16; revised 9-1-16.)
(55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
Sec. 5-25013. Organization of board; powers and duties.
(A) The board of health of each county or multiple-county
health department shall, immediately after appointment, meet
and organize, by the election of one of its number as president
and one as secretary, and either from its number or otherwise,
a treasurer and such other officers as it may deem necessary. A
board of health may make and adopt such rules for its own
guidance and for the government of the health department as may
be deemed necessary to protect and improve public health not
inconsistent with this Division. It shall:
1. Hold a meeting prior to the end of each operating
fiscal year, at which meeting officers shall be elected for
the ensuing operating fiscal year.
2. Hold meetings at least quarterly.
3. Hold special meetings upon a written request signed
by two members and filed with the Secretary or on request
of the medical health officer or public health
administrator.
4. Provide, equip and maintain suitable offices,
facilities and appliances for the health department.
5. Publish annually, within 90 days after the end of
the county's operating fiscal year, in pamphlet form, for
free distribution, an annual report showing the condition
of its trust on the last day of the most recently completed
operating fiscal year, the sums of money received from all
sources, giving the name of any donor, how all moneys have
been expended and for what purpose, and such other
statistics and information in regard to the work of the
health department as it may deem of general interest.
6. Within its jurisdiction, and professional and
technical competence, enforce and observe all State laws
pertaining to the preservation of health, and all county
and municipal ordinances except as otherwise provided in
this Division.
7. Within its jurisdiction, and professional and
technical competence, investigate the existence of any
contagious or infectious disease and adopt measures, not
inconsistent with the regulations of the State Department
of Public Health, to arrest the progress of the same.
8. Within its jurisdiction, and professional and
technical competence, make all necessary sanitary and
health investigations and inspections.
9. Upon request, give professional advice and
information to all city, village, incorporated town and
school authorities, within its jurisdiction, in all
matters pertaining to sanitation and public health.
10. Appoint a medical health officer as the executive
officer for the department, who shall be a citizen of the
United States and shall possess such qualifications as may
be prescribed by the State Department of Public Health; or
appoint a public health administrator who shall possess
such qualifications as may be prescribed by the State
Department of Public Health as the executive officer for
the department, provided that the board of health shall
make available medical supervision which is considered
adequate by the Director of Public Health.
10.5. 10 1/2. Appoint such professional employees as
may be approved by the executive officer who meet the
qualification requirements of the State Department of
Public Health for their respective positions provided,
that in those health departments temporarily without a
medical health officer or public health administrator
approval by the State Department of Public Health shall
suffice.
11. Appoint such other officers and employees as may be
necessary.
12. Prescribe the powers and duties of all officers and
employees, fix their compensation, and authorize payment
of the same and all other department expenses from the
County Health Fund of the county or counties concerned.
13. Submit an annual budget to the county board or
boards.
14. Submit an annual report to the county board or
boards, explaining all of its activities and expenditures.
15. Establish and carry out programs and services in
mental health, including intellectual disabilities and
alcoholism and substance abuse, not inconsistent with the
regulations of the Department of Human Services.
16. Consult with all other private and public health
agencies in the county in the development of local plans
for the most efficient delivery of health services.
(B) The board of health of each county or multiple-county
health department may:
1. Initiate and carry out programs and activities of
all kinds, not inconsistent with law, that may be deemed
necessary or desirable in the promotion and protection of
health and in the control of disease including
tuberculosis.
2. Receive contributions of real and personal
property.
3. Recommend to the county board or boards the adoption
of such ordinances and of such rules and regulations as may
be deemed necessary or desirable for the promotion and
protection of health and control of disease.
4. Appoint a medical and dental advisory committee and
a non-medical advisory committee to the health department.
5. Enter into contracts with the State,
municipalities, other political subdivisions and
non-official agencies for the purchase, sale or exchange of
health services.
6. Set fees it deems reasonable and necessary (i) to
provide services or perform regulatory activities, (ii)
when required by State or federal grant award conditions,
(iii) to support activities delegated to the board of
health by the Illinois Department of Public Health, or (iv)
when required by an agreement between the board of health
and other private or governmental organizations, unless
the fee has been established as a part of a regulatory
ordinance adopted by the county board, in which case the
board of health shall make recommendations to the county
board concerning those fees. Revenue generated under this
Section shall be deposited into the County Health Fund or
to the account of the multiple-county health department.
7. Enter into multiple year employment contracts with
the medical health officer or public health administrator
as may be necessary for the recruitment and retention of
personnel and the proper functioning of the health
department.
8. Enter into contracts with municipal health
departments, county health departments, other boards of
health, private or public hospitals, and not for profit
entities to provide public health services outside of a
board of health's own jurisdiction in order to protect the
public health in an effective manner.
(C) The board of health of a multiple-county health
department may hire attorneys to represent and advise the
department concerning matters that are not within the exclusive
jurisdiction of the State's Attorney of one of the counties
that created the department.
(Source: P.A. 99-730, eff. 8-5-16; revised 10-27-16.)
(55 ILCS 5/5-43035)
Sec. 5-43035. Enforcement of judgment.
(a) Any fine, other sanction, or costs imposed, or part of
any fine, other sanction, or costs imposed, remaining unpaid
after the exhaustion of or the failure to exhaust judicial
review procedures under the Illinois Administrative Review Law
are a debt due and owing the county for a violation of a county
ordinance, or the participating unit of local government for a
violation of a participating unit of local government's
ordinance, and may be collected in accordance with applicable
law.
(b) After expiration of the period in which judicial review
under the Illinois Administrative Review Law may be sought for
a final determination of a code violation, unless stayed by a
court of competent jurisdiction, the findings, decision, and
order of the hearing officer may be enforced in the same manner
as a judgment entered by a court of competent jurisdiction.
(c) In any case in which a defendant has failed to comply
with a judgment ordering a defendant to correct a code
violation or imposing any fine or other sanction as a result of
a code violation, any expenses incurred by a county for a
violation of a county ordinance, or the participating unit of
local government for a violation of a participating unit of
local government's ordinance, to enforce the judgment,
including, but not limited to, attorney's fees, court costs,
and costs related to property demolition or foreclosure, after
they are fixed by a court of competent jurisdiction or a
hearing officer, shall be a debt due and owing the county for a
violation of a county ordinance, or the participating unit of
local government for a violation of a participating unit of
local government's ordinance, and the findings, decision, and
order of the hearing officer may be enforced in the same manner
as a judgment entered by a court. Prior to any expenses being
fixed by a hearing officer pursuant to this subsection (c), the
county for a violation of a county ordinance, or the
participating unit of local government for a violation of a
participating unit of local government's ordinance, shall
provide notice to the defendant that states that the defendant
shall appear at a hearing before the administrative hearing
officer to determine whether the defendant has failed to comply
with the judgment. The notice shall set the date for the
hearing, which shall not be less than 7 days after the date
that notice is served. If notice is served by mail, the 7-day
period shall begin to run on the date that the notice was
deposited in the mail.
(c-5) A default in the payment of a fine or penalty or any
installment of a fine or penalty may be collected by any means
authorized for the collection of monetary judgments. The
state's attorney of the county in which the fine or penalty was
imposed may retain attorneys and private collection agents for
the purpose of collecting any default in payment of any fine or
penalty or installment of that fine or penalty. Any fees or
costs incurred by the county or participating unit of local
government with respect to attorneys or private collection
agents retained by the state's attorney under this Section
shall be charged to the offender.
(d) Upon being recorded in the manner required by Article
XII of the Code of Civil Procedure or by the Uniform Commercial
Code, a lien shall be imposed on the real estate or personal
estate, or both, of the defendant in the amount of any debt due
and owing the county for a violation of a county ordinance, or
the participating unit of local government for a violation of a
participating unit of local government's ordinance, under this
Section. The lien may be enforced in the same manner as a
judgment lien pursuant to a judgment of a court of competent
jurisdiction.
(e) A hearing officer may set aside any judgment entered by
default and set a new hearing date, upon a petition filed
within 21 days after the issuance of the order of default, if
the hearing officer determines that the petitioner's failure to
appear at the hearing was for good cause or at any time if the
petitioner establishes that the county for a violation of a
county ordinance, or the participating unit of local government
for a violation of a participating unit of local government's
ordinance, did not provide proper service of process. If any
judgment is set aside pursuant to this subsection (e), the
hearing officer shall have authority to enter an order
extinguishing any lien that has been recorded for any debt due
and owing the county for a violation of a county ordinance, or
the participating unit of local government for a violation of a
participating unit of local government's ordinance, as a result
of the vacated default judgment.
(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754,
eff. 1-1-17; revised 9-21-16.)
Section 280. The Illinois Municipal Code is amended by
changing Sections 3.1-50-15, 8-11-1.8, 8-11-2, 11-6-10,
11-74.4-3, 11-74.4-3.5, 11-74.4-6, 11-74.4-8a, and 11-102-2 as
follows:
(65 ILCS 5/3.1-50-15) (from Ch. 24, par. 3.1-50-15)
Sec. 3.1-50-15. Compensation of members of corporate
authorities.
(a) The ordinance fixing compensation for members of the
corporate authorities shall specify whether those members are
to be compensated (i) at an annual rate or, (ii) for each
meeting of the corporate authorities actually attended if
public notice of the meeting was given.
(b) Each member of the corporate authorities may receive
reimbursement from the municipality for expenses incurred by
the member in attending committee meetings of the corporate
authorities or for other expenses incurred by the member in the
course of performing official duties.
(Source: P.A. 91-208, eff. 1-1-00; revised 9-20-16.)
(65 ILCS 5/8-11-1.8)
Sec. 8-11-1.8. Non-home rule municipal tax rescission
recision. Whenever the corporate authorities of a non-home rule
municipality with a population of more than 20,000 but less
than 25,000 have imposed a municipal retailers occupation tax
under Sec. 8-11-1.6 and a municipal service occupation tax
under Section 8-11-1.7, the question of discontinuing the tax
imposed under those Sections shall be submitted to the voters
of the municipality at the next regularly scheduled election in
accordance with the general election law upon a petition signed
by not fewer than 10% of the registered voters in the
municipality. The petition shall be filed with the clerk, of
the municipality within one year of the passage of the
ordinance imposing the tax; provided, the petition shall be
filed not less than 60 days prior to the election at which the
question is to be submitted to the voters of the municipality,
and its validity shall be determined as provided by the general
election law. The municipal clerk shall certify the question to
the proper election officials, who shall submit the question to
the voters.
Notice shall be given in the manner provided for in the
general election law.
Referenda initiated under this Section shall be subject to
the provisions and limitations of the general election law.
The proposition shall be in substantially the following
form:
Shall the additional Municipal Service Occupation Tax
and Municipal Retailers' Occupation Tax imposed within the
municipal limits of (name of municipality) by Ordinance No.
(state number) adopted on (date of adoption) be
discontinued?
The votes shall be recorded as "Yes" or "No".
If a majority of all ballots cast on the proposition shall
be in favor of discontinuing the tax, within one month after
approval of the referendum discontinuing the tax the corporate
authorities shall certify the results of the referenda to the
Department of Revenue and shall also file with the Department a
certified copy of an ordinance discontinuing the tax.
Thereupon, the Department shall discontinue collection of tax
as of the first day of January next following the referendum.
Except as herein otherwise provided, the referenda
authorized by the terms of this Section shall be conducted in
all respects in the manner provided by the general election
law.
This Section shall apply only to taxes that have been
previously imposed under the provisions of Sections 8-11-1.6
and 8-11-1.7.
(Source: P.A. 88-334; 89-399, eff. 8-20-95; revised 9-20-16.)
(65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
Sec. 8-11-2. The corporate authorities of any municipality
may tax any or all of the following occupations or privileges:
1. (Blank).
2. Persons engaged in the business of distributing,
supplying, furnishing, or selling gas for use or
consumption within the corporate limits of a municipality
of 500,000 or fewer population, and not for resale, at a
rate not to exceed 5% of the gross receipts therefrom.
2a. Persons engaged in the business of distributing,
supplying, furnishing, or selling gas for use or
consumption within the corporate limits of a municipality
of over 500,000 population, and not for resale, at a rate
not to exceed 8% of the gross receipts therefrom. If
imposed, this tax shall be paid in monthly payments.
3. The privilege of using or consuming electricity
acquired in a purchase at retail and used or consumed
within the corporate limits of the municipality at rates
not to exceed the following maximum rates, calculated on a
monthly basis for each purchaser:
(i) For the first 2,000 kilowatt-hours used or
consumed in a month; 0.61 cents per kilowatt-hour;
(ii) For the next 48,000 kilowatt-hours used or
consumed in a month; 0.40 cents per kilowatt-hour;
(iii) For the next 50,000 kilowatt-hours used or
consumed in a month; 0.36 cents per kilowatt-hour;
(iv) For the next 400,000 kilowatt-hours used or
consumed in a month; 0.35 cents per kilowatt-hour;
(v) For the next 500,000 kilowatt-hours used or
consumed in a month; 0.34 cents per kilowatt-hour;
(vi) For the next 2,000,000 kilowatt-hours used or
consumed in a month; 0.32 cents per kilowatt-hour;
(vii) For the next 2,000,000 kilowatt-hours used
or consumed in a month; 0.315 cents per kilowatt-hour;
(viii) For the next 5,000,000 kilowatt-hours used
or consumed in a month; 0.31 cents per kilowatt-hour;
(ix) For the next 10,000,000 kilowatt-hours used
or consumed in a month; 0.305 cents per kilowatt-hour;
and
(x) For all electricity used or consumed in excess
of 20,000,000 kilowatt-hours in a month, 0.30 cents per
kilowatt-hour.
If a municipality imposes a tax at rates lower than
either the maximum rates specified in this Section or the
alternative maximum rates promulgated by the Illinois
Commerce Commission, as provided below, the tax rates shall
be imposed upon the kilowatt hour categories set forth
above with the same proportional relationship as that which
exists among such maximum rates. Notwithstanding the
foregoing, until December 31, 2008, no municipality shall
establish rates that are in excess of rates reasonably
calculated to produce revenues that equal the maximum total
revenues such municipality could have received under the
tax authorized by this subparagraph in the last full
calendar year prior to August 1, 1998 (the effective date
of Section 65 of Public Act 90-561) this amendatory Act of
1997; provided that this shall not be a limitation on the
amount of tax revenues actually collected by such
municipality.
Upon the request of the corporate authorities of a
municipality, the Illinois Commerce Commission shall,
within 90 days after receipt of such request, promulgate
alternative rates for each of these kilowatt-hour
categories that will reflect, as closely as reasonably
practical for that municipality, the distribution of the
tax among classes of purchasers as if the tax were based on
a uniform percentage of the purchase price of electricity.
A municipality that has adopted an ordinance imposing a tax
pursuant to subparagraph 3 as it existed prior to August 1,
1998 (the effective date of Section 65 of Public Act
90-561) this amendatory Act of 1997 may, rather than
imposing the tax permitted by Public Act 90-561 this
amendatory Act of 1997, continue to impose the tax pursuant
to that ordinance with respect to gross receipts received
from residential customers through July 31, 1999, and with
respect to gross receipts from any non-residential
customer until the first bill issued to such customer for
delivery services in accordance with Section 16-104 of the
Public Utilities Act but in no case later than the last
bill issued to such customer before December 31, 2000. No
ordinance imposing the tax permitted by Public Act 90-561
this amendatory Act of 1997 shall be applicable to any
non-residential customer until the first bill issued to
such customer for delivery services in accordance with
Section 16-104 of the Public Utilities Act but in no case
later than the last bill issued to such non-residential
customer before December 31, 2000.
4. Persons engaged in the business of distributing,
supplying, furnishing, or selling water for use or
consumption within the corporate limits of the
municipality, and not for resale, at a rate not to exceed
5% of the gross receipts therefrom.
None of the taxes authorized by this Section may be imposed
with respect to any transaction in interstate commerce or
otherwise to the extent to which the business or privilege may
not, under the constitution and statutes of the United States,
be made the subject of taxation by this State or any political
sub-division thereof; nor shall any persons engaged in the
business of distributing, supplying, furnishing, selling or
transmitting gas, water, or electricity, or using or consuming
electricity acquired in a purchase at retail, be subject to
taxation under the provisions of this Section for those
transactions that are or may become subject to taxation under
the provisions of the "Municipal Retailers' Occupation Tax Act"
authorized by Section 8-11-1; nor shall any tax authorized by
this Section be imposed upon any person engaged in a business
or on any privilege unless the tax is imposed in like manner
and at the same rate upon all persons engaged in businesses of
the same class in the municipality, whether privately or
municipally owned or operated, or exercising the same privilege
within the municipality.
Any of the taxes enumerated in this Section may be in
addition to the payment of money, or value of products or
services furnished to the municipality by the taxpayer as
compensation for the use of its streets, alleys, or other
public places, or installation and maintenance therein,
thereon or thereunder of poles, wires, pipes, or other
equipment used in the operation of the taxpayer's business.
(a) If the corporate authorities of any home rule
municipality have adopted an ordinance that imposed a tax on
public utility customers, between July 1, 1971, and October 1,
1981, on the good faith belief that they were exercising
authority pursuant to Section 6 of Article VII of the 1970
Illinois Constitution, that action of the corporate
authorities shall be declared legal and valid, notwithstanding
a later decision of a judicial tribunal declaring the ordinance
invalid. No municipality shall be required to rebate, refund,
or issue credits for any taxes described in this paragraph, and
those taxes shall be deemed to have been levied and collected
in accordance with the Constitution and laws of this State.
(b) In any case in which (i) prior to October 19, 1979, the
corporate authorities of any municipality have adopted an
ordinance imposing a tax authorized by this Section (or by the
predecessor provision of the "Revised Cities and Villages Act")
and have explicitly or in practice interpreted gross receipts
to include either charges added to customers' bills pursuant to
the provision of paragraph (a) of Section 36 of the Public
Utilities Act or charges added to customers' bills by taxpayers
who are not subject to rate regulation by the Illinois Commerce
Commission for the purpose of recovering any of the tax
liabilities or other amounts specified in such paragraph (a) of
Section 36 of that Act, and (ii) on or after October 19, 1979,
a judicial tribunal has construed gross receipts to exclude all
or part of those charges, then neither that those municipality
nor any taxpayer who paid the tax shall be required to rebate,
refund, or issue credits for any tax imposed or charge
collected from customers pursuant to the municipality's
interpretation prior to October 19, 1979. This paragraph
reflects a legislative finding that it would be contrary to the
public interest to require a municipality or its taxpayers to
refund taxes or charges attributable to the municipality's more
inclusive interpretation of gross receipts prior to October 19,
1979, and is not intended to prescribe or limit judicial
construction of this Section. The legislative finding set forth
in this subsection does not apply to taxes imposed after
January 1, 1996 (the effective date of Public Act 89-325) this
amendatory Act of 1995.
(c) The tax authorized by subparagraph 3 shall be collected
from the purchaser by the person maintaining a place of
business in this State who delivers the electricity to the
purchaser. This tax shall constitute a debt of the purchaser to
the person who delivers the electricity to the purchaser and if
unpaid, is recoverable in the same manner as the original
charge for delivering the electricity. Any tax required to be
collected pursuant to an ordinance authorized by subparagraph 3
and any such tax collected by a person delivering electricity
shall constitute a debt owed to the municipality by such person
delivering the electricity, provided, that the person
delivering electricity shall be allowed credit for such tax
related to deliveries of electricity the charges for which are
written off as uncollectible, and provided further, that if
such charges are thereafter collected, the delivering supplier
shall be obligated to remit such tax. For purposes of this
subsection (c), any partial payment not specifically
identified by the purchaser shall be deemed to be for the
delivery of electricity. Persons delivering electricity shall
collect the tax from the purchaser by adding such tax to the
gross charge for delivering the electricity, in the manner
prescribed by the municipality. Persons delivering electricity
shall also be authorized to add to such gross charge an amount
equal to 3% of the tax to reimburse the person delivering
electricity for the expenses incurred in keeping records,
billing customers, preparing and filing returns, remitting the
tax and supplying data to the municipality upon request. If the
person delivering electricity fails to collect the tax from the
purchaser, then the purchaser shall be required to pay the tax
directly to the municipality in the manner prescribed by the
municipality. Persons delivering electricity who file returns
pursuant to this paragraph (c) shall, at the time of filing
such return, pay the municipality the amount of the tax
collected pursuant to subparagraph 3.
(d) For the purpose of the taxes enumerated in this
Section:
"Gross receipts" means the consideration received for
distributing, supplying, furnishing or selling gas for use or
consumption and not for resale, and the consideration received
for distributing, supplying, furnishing or selling water for
use or consumption and not for resale, and for all services
rendered in connection therewith valued in money, whether
received in money or otherwise, including cash, credit,
services and property of every kind and material and for all
services rendered therewith, and shall be determined without
any deduction on account of the cost of the service, product or
commodity supplied, the cost of materials used, labor or
service cost, or any other expenses whatsoever. "Gross
receipts" shall not include that portion of the consideration
received for distributing, supplying, furnishing, or selling
gas or water to business enterprises described in paragraph (e)
of this Section to the extent and during the period in which
the exemption authorized by paragraph (e) is in effect or for
school districts or units of local government described in
paragraph (f) during the period in which the exemption
authorized in paragraph (f) is in effect.
For utility bills issued on or after May 1, 1996, but
before May 1, 1997, and for receipts from those utility bills,
"gross receipts" does not include one-third of (i) amounts
added to customers' bills under Section 9-222 of the Public
Utilities Act, or (ii) amounts added to customers' bills by
taxpayers who are not subject to rate regulation by the
Illinois Commerce Commission for the purpose of recovering any
of the tax liabilities described in Section 9-222 of the Public
Utilities Act. For utility bills issued on or after May 1,
1997, but before May 1, 1998, and for receipts from those
utility bills, "gross receipts" does not include two-thirds of
(i) amounts added to customers' bills under Section 9-222 of
the Public Utilities Act, or (ii) amount added to customers'
bills by taxpayers who are not subject to rate regulation by
the Illinois Commerce Commission for the purpose of recovering
any of the tax liabilities described in Section 9-222 of the
Public Utilities Act. For utility bills issued on or after May
1, 1998, and for receipts from those utility bills, "gross
receipts" does not include (i) amounts added to customers'
bills under Section 9-222 of the Public Utilities Act, or (ii)
amounts added to customers' bills by taxpayers who are not
subject to rate regulation by the Illinois Commerce Commission
for the purpose of recovering any of the tax liabilities
described in Section 9-222 of the Public Utilities Act.
For purposes of this Section "gross receipts" shall not
include amounts added to customers' bills under Section 9-221
of the Public Utilities Act. This paragraph is not intended to
nor does it make any change in the meaning of "gross receipts"
for the purposes of this Section, but is intended to remove
possible ambiguities, thereby confirming the existing meaning
of "gross receipts" prior to January 1, 1996 (the effective
date of Public Act 89-325) this amendatory Act of 1995.
"Person" as used in this Section means any natural
individual, firm, trust, estate, partnership, association,
joint stock company, joint adventure, corporation, limited
liability company, municipal corporation, the State or any of
its political subdivisions, any State university created by
statute, or a receiver, trustee, guardian or other
representative appointed by order of any court.
"Person maintaining a place of business in this State"
shall mean any person having or maintaining within this State,
directly or by a subsidiary or other affiliate, an office,
generation facility, distribution facility, transmission
facility, sales office or other place of business, or any
employee, agent, or other representative operating within this
State under the authority of the person or its subsidiary or
other affiliate, irrespective of whether such place of business
or agent or other representative is located in this State
permanently or temporarily, or whether such person, subsidiary
or other affiliate is licensed or qualified to do business in
this State.
"Public utility" shall have the meaning ascribed to it in
Section 3-105 of the Public Utilities Act and shall include
alternative retail electric suppliers as defined in Section
16-102 of that Act.
"Purchase at retail" shall mean any acquisition of
electricity by a purchaser for purposes of use or consumption,
and not for resale, but shall not include the use of
electricity by a public utility directly in the generation,
production, transmission, delivery or sale of electricity.
"Purchaser" shall mean any person who uses or consumes,
within the corporate limits of the municipality, electricity
acquired in a purchase at retail.
(e) Any municipality that imposes taxes upon public
utilities or upon the privilege of using or consuming
electricity pursuant to this Section whose territory includes
any part of an enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone may, by a majority vote of its corporate
authorities, exempt from those taxes for a period not exceeding
20 years any specified percentage of gross receipts of public
utilities received from, or electricity used or consumed by,
business enterprises that:
(1) either (i) make investments that cause the creation
of a minimum of 200 full-time equivalent jobs in Illinois,
(ii) make investments of at least $175,000,000 that cause
the creation of a minimum of 150 full-time equivalent jobs
in Illinois, or (iii) make investments that cause the
retention of a minimum of 1,000 full-time jobs in Illinois;
and
(2) are either (i) located in an Enterprise Zone
established pursuant to the Illinois Enterprise Zone Act or
(ii) Department of Commerce and Economic Opportunity
designated High Impact Businesses located in a federally
designated Foreign Trade Zone or Sub-Zone; and
(3) are certified by the Department of Commerce and
Economic Opportunity as complying with the requirements
specified in clauses (1) and (2) of this paragraph (e).
Upon adoption of the ordinance authorizing the exemption,
the municipal clerk shall transmit a copy of that ordinance to
the Department of Commerce and Economic Opportunity. The
Department of Commerce and Economic Opportunity shall
determine whether the business enterprises located in the
municipality meet the criteria prescribed in this paragraph. If
the Department of Commerce and Economic Opportunity determines
that the business enterprises meet the criteria, it shall grant
certification. The Department of Commerce and Economic
Opportunity shall act upon certification requests within 30
days after receipt of the ordinance.
Upon certification of the business enterprise by the
Department of Commerce and Economic Opportunity, the
Department of Commerce and Economic Opportunity shall notify
the Department of Revenue of the certification. The Department
of Revenue shall notify the public utilities of the exemption
status of the gross receipts received from, and the electricity
used or consumed by, the certified business enterprises. Such
exemption status shall be effective within 3 months after
certification.
(f) A municipality that imposes taxes upon public utilities
or upon the privilege of using or consuming electricity under
this Section and whose territory includes part of another unit
of local government or a school district may by ordinance
exempt the other unit of local government or school district
from those taxes.
(g) The amendment of this Section by Public Act 84-127
shall take precedence over any other amendment of this Section
by any other amendatory Act passed by the 84th General Assembly
before August 1, 1985 (the effective date of Public Act
84-127).
(h) In any case in which, before July 1, 1992, a person
engaged in the business of transmitting messages through the
use of mobile equipment, such as cellular phones and paging
systems, has determined the municipality within which the gross
receipts from the business originated by reference to the
location of its transmitting or switching equipment, then (i)
neither the municipality to which tax was paid on that basis
nor the taxpayer that paid tax on that basis shall be required
to rebate, refund, or issue credits for any such tax or charge
collected from customers to reimburse the taxpayer for the tax
and (ii) no municipality to which tax would have been paid with
respect to those gross receipts if the provisions of Public Act
87-773 this amendatory Act of 1991 had been in effect before
July 1, 1992, shall have any claim against the taxpayer for any
amount of the tax.
(Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)
(65 ILCS 5/11-6-10)
Sec. 11-6-10. Reimbursement of volunteer fire protection
assistance.
(a) Municipalities may fix, charge, and collect fees not
exceeding the reasonable cost of the service for all services
rendered by a volunteer municipal fire department or a
volunteer firefighter of any municipal fire department for
persons, businesses, and other entities who are not residents
of the municipality.
(b) The charge for any fees under subsection (a) shall be
computed at a rate not to exceed $250 per hour and not to
exceed $70 per hour per firefighter responding to a call for
assistance. An additional charge may be levied to reimburse the
district for extraordinary expenses of materials used in
rendering such services. No charge shall be made for services
for which the total amount would be less than $50.
(c) All revenue from the fees assessed pursuant to this
Section shall be deposited into to the general fund of the
municipality.
(d) Nothing in this Section shall allow a fee to be fixed,
charged, or collected that is not allowed under any contract
that a fire department has entered into with another entity,
including, but not limited to, a fire protection district.
(Source: P.A. 99-770, eff. 8-12-16; revised 10-31-16.)
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms, wherever
used or referred to in this Division 74.4 shall have the
following respective meanings, unless in any case a different
meaning clearly appears from the context.
(a) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "blighted area" shall have the meaning set forth in
this Section prior to that date.
On and after November 1, 1999, "blighted area" means any
improved or vacant area within the boundaries of a
redevelopment project area located within the territorial
limits of the municipality where:
(1) If improved, industrial, commercial, and
residential buildings or improvements are detrimental to
the public safety, health, or welfare because of a
combination of 5 or more of the following factors, each of
which is (i) present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) reasonably distributed throughout the
improved part of the redevelopment project area:
(A) Dilapidation. An advanced state of disrepair
or neglect of necessary repairs to the primary
structural components of buildings or improvements in
such a combination that a documented building
condition analysis determines that major repair is
required or the defects are so serious and so extensive
that the buildings must be removed.
(B) Obsolescence. The condition or process of
falling into disuse. Structures have become ill-suited
for the original use.
(C) Deterioration. With respect to buildings,
defects including, but not limited to, major defects in
the secondary building components such as doors,
windows, porches, gutters and downspouts, and fascia.
With respect to surface improvements, that the
condition of roadways, alleys, curbs, gutters,
sidewalks, off-street parking, and surface storage
areas evidence deterioration, including, but not
limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds
protruding through paved surfaces.
(D) Presence of structures below minimum code
standards. All structures that do not meet the
standards of zoning, subdivision, building, fire, and
other governmental codes applicable to property, but
not including housing and property maintenance codes.
(E) Illegal use of individual structures. The use
of structures in violation of applicable federal,
State, or local laws, exclusive of those applicable to
the presence of structures below minimum code
standards.
(F) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that
represent an adverse influence on the area because of
the frequency, extent, or duration of the vacancies.
(G) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for
light or air circulation in spaces or rooms without
windows, or that require the removal of dust, odor,
gas, smoke, or other noxious airborne materials.
Inadequate natural light and ventilation means the
absence of skylights or windows for interior spaces or
rooms and improper window sizes and amounts by room
area to window area ratios. Inadequate sanitary
facilities refers to the absence or inadequacy of
garbage storage and enclosure, bathroom facilities,
hot water and kitchens, and structural inadequacies
preventing ingress and egress to and from all rooms and
units within a building.
(H) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated,
antiquated, obsolete, or in disrepair, or (iii)
lacking within the redevelopment project area.
(I) Excessive land coverage and overcrowding of
structures and community facilities. The
over-intensive use of property and the crowding of
buildings and accessory facilities onto a site.
Examples of problem conditions warranting the
designation of an area as one exhibiting excessive land
coverage are: (i) the presence of buildings either
improperly situated on parcels or located on parcels of
inadequate size and shape in relation to present-day
standards of development for health and safety and (ii)
the presence of multiple buildings on a single parcel.
For there to be a finding of excessive land coverage,
these parcels must exhibit one or more of the following
conditions: insufficient provision for light and air
within or around buildings, increased threat of spread
of fire due to the close proximity of buildings, lack
of adequate or proper access to a public right-of-way,
lack of reasonably required off-street parking, or
inadequate provision for loading and service.
(J) Deleterious land use or layout. The existence
of incompatible land-use relationships, buildings
occupied by inappropriate mixed-uses, or uses
considered to be noxious, offensive, or unsuitable for
the surrounding area.
(K) Environmental clean-up. The proposed
redevelopment project area has incurred Illinois
Environmental Protection Agency or United States
Environmental Protection Agency remediation costs for,
or a study conducted by an independent consultant
recognized as having expertise in environmental
remediation has determined a need for, the clean-up of
hazardous waste, hazardous substances, or underground
storage tanks required by State or federal law,
provided that the remediation costs constitute a
material impediment to the development or
redevelopment of the redevelopment project area.
(L) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan.
This means that the development occurred prior to the
adoption by the municipality of a comprehensive or
other community plan or that the plan was not followed
at the time of the area's development. This factor must
be documented by evidence of adverse or incompatible
land-use relationships, inadequate street layout,
improper subdivision, parcels of inadequate shape and
size to meet contemporary development standards, or
other evidence demonstrating an absence of effective
community planning.
(M) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.
(2) If vacant, the sound growth of the redevelopment
project area is impaired by a combination of 2 or more of
the following factors, each of which is (i) present, with
that presence documented, to a meaningful extent so that a
municipality may reasonably find that the factor is clearly
present within the intent of the Act and (ii) reasonably
distributed throughout the vacant part of the
redevelopment project area to which it pertains:
(A) Obsolete platting of vacant land that results
in parcels of limited or narrow size or configurations
of parcels of irregular size or shape that would be
difficult to develop on a planned basis and in a manner
compatible with contemporary standards and
requirements, or platting that failed to create
rights-of-ways for streets or alleys or that created
inadequate right-of-way widths for streets, alleys, or
other public rights-of-way or that omitted easements
for public utilities.
(B) Diversity of ownership of parcels of vacant
land sufficient in number to retard or impede the
ability to assemble the land for development.
(C) Tax and special assessment delinquencies exist
or the property has been the subject of tax sales under
the Property Tax Code within the last 5 years.
(D) Deterioration of structures or site
improvements in neighboring areas adjacent to the
vacant land.
(E) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous waste,
hazardous substances, or underground storage tanks
required by State or federal law, provided that the
remediation costs constitute a material impediment to
the development or redevelopment of the redevelopment
project area.
(F) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.
(3) If vacant, the sound growth of the redevelopment
project area is impaired by one of the following factors
that (i) is present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) is reasonably distributed throughout
the vacant part of the redevelopment project area to which
it pertains:
(A) The area consists of one or more unused
quarries, mines, or strip mine ponds.
(B) The area consists of unused rail yards, rail
tracks, or railroad rights-of-way.
(C) The area, prior to its designation, is subject
to (i) chronic flooding that adversely impacts on real
property in the area as certified by a registered
professional engineer or appropriate regulatory agency
or (ii) surface water that discharges from all or a
part of the area and contributes to flooding within the
same watershed, but only if the redevelopment project
provides for facilities or improvements to contribute
to the alleviation of all or part of the flooding.
(D) The area consists of an unused or illegal
disposal site containing earth, stone, building
debris, or similar materials that were removed from
construction, demolition, excavation, or dredge sites.
(E) Prior to November 1, 1999, the area is not less
than 50 nor more than 100 acres and 75% of which is
vacant (notwithstanding that the area has been used for
commercial agricultural purposes within 5 years prior
to the designation of the redevelopment project area),
and the area meets at least one of the factors itemized
in paragraph (1) of this subsection, the area has been
designated as a town or village center by ordinance or
comprehensive plan adopted prior to January 1, 1982,
and the area has not been developed for that designated
purpose.
(F) The area qualified as a blighted improved area
immediately prior to becoming vacant, unless there has
been substantial private investment in the immediately
surrounding area.
(b) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
On and after November 1, 1999, "conservation area" means
any improved area within the boundaries of a redevelopment
project area located within the territorial limits of the
municipality in which 50% or more of the structures in the area
have an age of 35 years or more. Such an area is not yet a
blighted area but because of a combination of 3 or more of the
following factors is detrimental to the public safety, health,
morals or welfare and such an area may become a blighted area:
(1) Dilapidation. An advanced state of disrepair or
neglect of necessary repairs to the primary structural
components of buildings or improvements in such a
combination that a documented building condition analysis
determines that major repair is required or the defects are
so serious and so extensive that the buildings must be
removed.
(2) Obsolescence. The condition or process of falling
into disuse. Structures have become ill-suited for the
original use.
(3) Deterioration. With respect to buildings, defects
including, but not limited to, major defects in the
secondary building components such as doors, windows,
porches, gutters and downspouts, and fascia. With respect
to surface improvements, that the condition of roadways,
alleys, curbs, gutters, sidewalks, off-street parking, and
surface storage areas evidence deterioration, including,
but not limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds protruding
through paved surfaces.
(4) Presence of structures below minimum code
standards. All structures that do not meet the standards of
zoning, subdivision, building, fire, and other
governmental codes applicable to property, but not
including housing and property maintenance codes.
(5) Illegal use of individual structures. The use of
structures in violation of applicable federal, State, or
local laws, exclusive of those applicable to the presence
of structures below minimum code standards.
(6) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that represent an
adverse influence on the area because of the frequency,
extent, or duration of the vacancies.
(7) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for light
or air circulation in spaces or rooms without windows, or
that require the removal of dust, odor, gas, smoke, or
other noxious airborne materials. Inadequate natural light
and ventilation means the absence or inadequacy of
skylights or windows for interior spaces or rooms and
improper window sizes and amounts by room area to window
area ratios. Inadequate sanitary facilities refers to the
absence or inadequacy of garbage storage and enclosure,
bathroom facilities, hot water and kitchens, and
structural inadequacies preventing ingress and egress to
and from all rooms and units within a building.
(8) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage, sanitary
sewers, water lines, and gas, telephone, and electrical
services that are shown to be inadequate. Inadequate
utilities are those that are: (i) of insufficient capacity
to serve the uses in the redevelopment project area, (ii)
deteriorated, antiquated, obsolete, or in disrepair, or
(iii) lacking within the redevelopment project area.
(9) Excessive land coverage and overcrowding of
structures and community facilities. The over-intensive
use of property and the crowding of buildings and accessory
facilities onto a site. Examples of problem conditions
warranting the designation of an area as one exhibiting
excessive land coverage are: the presence of buildings
either improperly situated on parcels or located on parcels
of inadequate size and shape in relation to present-day
standards of development for health and safety and the
presence of multiple buildings on a single parcel. For
there to be a finding of excessive land coverage, these
parcels must exhibit one or more of the following
conditions: insufficient provision for light and air
within or around buildings, increased threat of spread of
fire due to the close proximity of buildings, lack of
adequate or proper access to a public right-of-way, lack of
reasonably required off-street parking, or inadequate
provision for loading and service.
(10) Deleterious land use or layout. The existence of
incompatible land-use relationships, buildings occupied by
inappropriate mixed-uses, or uses considered to be
noxious, offensive, or unsuitable for the surrounding
area.
(11) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan. This
means that the development occurred prior to the adoption
by the municipality of a comprehensive or other community
plan or that the plan was not followed at the time of the
area's development. This factor must be documented by
evidence of adverse or incompatible land-use
relationships, inadequate street layout, improper
subdivision, parcels of inadequate shape and size to meet
contemporary development standards, or other evidence
demonstrating an absence of effective community planning.
(12) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous waste,
hazardous substances, or underground storage tanks
required by State or federal law, provided that the
remediation costs constitute a material impediment to the
development or redevelopment of the redevelopment project
area.
(13) The total equalized assessed value of the proposed
redevelopment project area has declined for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the balance
of the municipality for 3 of the last 5 calendar years for
which information is available or is increasing at an
annual rate that is less than the Consumer Price Index for
All Urban Consumers published by the United States
Department of Labor or successor agency for 3 of the last 5
calendar years for which information is available.
(c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing,
industrial, research or transportation enterprise, of
facilities to include but not be limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers,
warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad
facilities.
(d) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the territorial limits of a municipality that is a labor
surplus municipality or within 1 1/2 miles of the territorial
limits of a municipality that is a labor surplus municipality
if the area is annexed to the municipality; which area is zoned
as industrial no later than at the time the municipality by
ordinance designates the redevelopment project area, and which
area includes both vacant land suitable for use as an
industrial park and a blighted area or conservation area
contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in
which, at any time during the 6 months before the municipality
by ordinance designates an industrial park conservation area,
the unemployment rate was over 6% and was also 100% or more of
the national average unemployment rate for that same time as
published in the United States Department of Labor Bureau of
Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of
this subsection, if unemployment rate statistics for the
municipality are not available, the unemployment rate in the
municipality shall be deemed to be the same as the unemployment
rate in the principal county in which the municipality is
located.
(f) "Municipality" shall mean a city, village,
incorporated town, or a township that is located in the
unincorporated portion of a county with 3 million or more
inhabitants, if the county adopted an ordinance that approved
the township's redevelopment plan.
(g) "Initial Sales Tax Amounts" means the amount of taxes
paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located in a State Sales Tax Boundary
during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the amount
of taxes paid under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax
Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
(h) "Municipal Sales Tax Increment" means an amount equal
to the increase in the aggregate amount of taxes paid to a
municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen within the redevelopment
project area or State Sales Tax Boundary, as the case may be,
for as long as the redevelopment project area or State Sales
Tax Boundary, as the case may be, exist over and above the
aggregate amount of taxes as certified by the Illinois
Department of Revenue and paid under the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax Act
by retailers and servicemen, on transactions at places of
business located in the redevelopment project area or State
Sales Tax Boundary, as the case may be, during the base year
which shall be the calendar year immediately prior to the year
in which the municipality adopted tax increment allocation
financing. For purposes of computing the aggregate amount of
such taxes for base years occurring prior to 1985, the
Department of Revenue shall determine the Initial Sales Tax
Amounts for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction
of 12%. The amount so determined shall be known as the
"Adjusted Initial Sales Tax Amounts". For purposes of
determining the Municipal Sales Tax Increment, the Department
of Revenue shall for each period subtract from the amount paid
to the municipality from the Local Government Tax Fund arising
from sales by retailers and servicemen on transactions located
in the redevelopment project area or the State Sales Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act. For the State Fiscal Year 1989, this calculation shall be
made by utilizing the calendar year 1987 to determine the tax
amounts received. For the State Fiscal Year 1990, this
calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax amounts
received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the
Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For the State Fiscal Year 1991,
this calculation shall be made by utilizing the period from
October 1, 1988, to June 30, 1989, to determine the tax amounts
received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, the Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts, as the
case may be.
(i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax
Increment annually generated within a State Sales Tax Boundary;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of State Sales Tax Increment annually generated within
a State Sales Tax Boundary; and (c) 40% of all amounts in
excess of $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary. If, however, a
municipality established a tax increment financing district in
a county with a population in excess of 3,000,000 before
January 1, 1986, and the municipality entered into a contract
or issued bonds after January 1, 1986, but before December 31,
1986, to finance redevelopment project costs within a State
Sales Tax Boundary, then the Net State Sales Tax Increment
means, for the fiscal years beginning July 1, 1990, and July 1,
1991, 100% of the State Sales Tax Increment annually generated
within a State Sales Tax Boundary; and notwithstanding any
other provision of this Act, for those fiscal years the
Department of Revenue shall distribute to those municipalities
100% of their Net State Sales Tax Increment before any
distribution to any other municipality and regardless of
whether or not those other municipalities will receive 100% of
their Net State Sales Tax Increment. For Fiscal Year 1999, and
every year thereafter until the year 2007, for any municipality
that has not entered into a contract or has not issued bonds
prior to June 1, 1988 to finance redevelopment project costs
within a State Sales Tax Boundary, the Net State Sales Tax
Increment shall be calculated as follows: By multiplying the
Net State Sales Tax Increment by 90% in the State Fiscal Year
1999; 80% in the State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
in the State Fiscal Year 2005; 20% in the State Fiscal Year
2006; and 10% in the State Fiscal Year 2007. No payment shall
be made for State Fiscal Year 2008 and thereafter.
Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on
which the redevelopment project is completed or terminated. If,
however, a municipality that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991 retires the
bonds prior to June 30, 2007 or a municipality that entered
into contracts in connection with a redevelopment project in a
redevelopment project area before June 1, 1988 completes the
contracts prior to June 30, 2007, then so long as the
redevelopment project is not completed or is not terminated,
the Net State Sales Tax Increment shall be calculated,
beginning on the date on which the bonds are retired or the
contracts are completed, as follows: By multiplying the Net
State Sales Tax Increment by 60% in the State Fiscal Year 2002;
50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
2004; 30% in the State Fiscal Year 2005; 20% in the State
Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
payment shall be made for State Fiscal Year 2008 and
thereafter. Refunding of any bonds issued prior to July 29,
1991, shall not alter the Net State Sales Tax Increment.
(j) "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers, of properties located within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified by
the Department of Revenue and paid by owners and tenants, other
than residential customers, of properties within the
redevelopment project area during the base year, which shall be
the calendar year immediately prior to the year of the adoption
of the ordinance authorizing tax increment allocation
financing.
(k) "Net State Utility Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Utility Tax
Increment annually generated by a redevelopment project area;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of the State Utility Tax Increment annually generated
by a redevelopment project area; and (c) 40% of all amounts in
excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State Fiscal
Year 1999, and every year thereafter until the year 2007, for
any municipality that has not entered into a contract or has
not issued bonds prior to June 1, 1988 to finance redevelopment
project costs within a redevelopment project area, the Net
State Utility Tax Increment shall be calculated as follows: By
multiplying the Net State Utility Tax Increment by 90% in the
State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
in the State Fiscal Year 2001; 60% in the State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% in the State
Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
No payment shall be made for the State Fiscal Year 2008 and
thereafter.
Municipalities that issue bonds in connection with the
redevelopment project during the period from June 1, 1988 until
3 years after the effective date of this Amendatory Act of 1988
shall receive the Net State Utility Tax Increment, subject to
appropriation, for 15 State Fiscal Years after the issuance of
such bonds. For the 16th through the 20th State Fiscal Years
after issuance of the bonds, the Net State Utility Tax
Increment shall be calculated as follows: By multiplying the
Net State Utility Tax Increment by 90% in year 16; 80% in year
17; 70% in year 18; 60% in year 19; and 50% in year 20.
Refunding of any bonds issued prior to June 1, 1988, shall not
alter the revised Net State Utility Tax Increment payments set
forth above.
(l) "Obligations" mean bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.
(m) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality which according to the redevelopment project or
plan is to be used for a private use which taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
which would result from levies made after the time of the
adoption of tax increment allocation financing to the time the
current equalized value of real property in the redevelopment
project area exceeds the total initial equalized value of real
property in said area.
(n) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate those conditions the existence of which qualified the
redevelopment project area as a "blighted area" or
"conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of the
taxing districts which extend into the redevelopment project
area, provided that, with respect to redevelopment project
areas described in subsections (p-1) and (p-2), "redevelopment
plan" means the comprehensive program of the affected
municipality for the development of qualifying transit
facilities. On and after November 1, 1999 (the effective date
of Public Act 91-478), no redevelopment plan may be approved or
amended that includes the development of vacant land (i) with a
golf course and related clubhouse and other facilities or (ii)
designated by federal, State, county, or municipal government
as public land for outdoor recreational activities or for
nature preserves and used for that purpose within 5 years prior
to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean
camping and hunting. Each redevelopment plan shall set forth in
writing the program to be undertaken to accomplish the
objectives and shall include but not be limited to:
(A) an itemized list of estimated redevelopment
project costs;
(B) evidence indicating that the redevelopment project
area on the whole has not been subject to growth and
development through investment by private enterprise,
provided that such evidence shall not be required for any
redevelopment project area located within a transit
facility improvement area established pursuant to Section
11-74.4-3.3;
(C) an assessment of any financial impact of the
redevelopment project area on or any increased demand for
services from any taxing district affected by the plan and
any program to address such financial impact or increased
demand;
(D) the sources of funds to pay costs;
(E) the nature and term of the obligations to be
issued;
(F) the most recent equalized assessed valuation of the
redevelopment project area;
(G) an estimate as to the equalized assessed valuation
after redevelopment and the general land uses to apply in
the redevelopment project area;
(H) a commitment to fair employment practices and an
affirmative action plan;
(I) if it concerns an industrial park conservation
area, the plan shall also include a general description of
any proposed developer, user and tenant of any property, a
description of the type, structure and general character of
the facilities to be developed, a description of the type,
class and number of new employees to be employed in the
operation of the facilities to be developed; and
(J) if property is to be annexed to the municipality,
the plan shall include the terms of the annexation
agreement.
The provisions of items (B) and (C) of this subsection (n)
shall not apply to a municipality that before March 14, 1994
(the effective date of Public Act 88-537) had fixed, either by
its corporate authorities or by a commission designated under
subsection (k) of Section 11-74.4-4, a time and place for a
public hearing as required by subsection (a) of Section
11-74.4-5. No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:
(1) The municipality finds that the redevelopment
project area on the whole has not been subject to growth
and development through investment by private enterprise
and would not reasonably be anticipated to be developed
without the adoption of the redevelopment plan, provided,
however, that such a finding shall not be required with
respect to any redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3.
(2) The municipality finds that the redevelopment plan
and project conform to the comprehensive plan for the
development of the municipality as a whole, or, for
municipalities with a population of 100,000 or more,
regardless of when the redevelopment plan and project was
adopted, the redevelopment plan and project either: (i)
conforms to the strategic economic development or
redevelopment plan issued by the designated planning
authority of the municipality, or (ii) includes land uses
that have been approved by the planning commission of the
municipality.
(3) The redevelopment plan establishes the estimated
dates of completion of the redevelopment project and
retirement of obligations issued to finance redevelopment
project costs. Those dates may not be later than the dates
set forth under Section 11-74.4-3.5.
A municipality may by municipal ordinance amend an
existing redevelopment plan to conform to this paragraph
(3) as amended by Public Act 91-478, which municipal
ordinance may be adopted without further hearing or notice
and without complying with the procedures provided in this
Act pertaining to an amendment to or the initial approval
of a redevelopment plan and project and designation of a
redevelopment project area.
(3.5) The municipality finds, in the case of an
industrial park conservation area, also that the
municipality is a labor surplus municipality and that the
implementation of the redevelopment plan will reduce
unemployment, create new jobs and by the provision of new
facilities enhance the tax base of the taxing districts
that extend into the redevelopment project area.
(4) If any incremental revenues are being utilized
under Section 8(a)(1) or 8(a)(2) of this Act in
redevelopment project areas approved by ordinance after
January 1, 1986, the municipality finds: (a) that the
redevelopment project area would not reasonably be
developed without the use of such incremental revenues, and
(b) that such incremental revenues will be exclusively
utilized for the development of the redevelopment project
area.
(5) If: (a) the redevelopment plan will not result in
displacement of residents from 10 or more inhabited
residential units, and the municipality certifies in the
plan that such displacement will not result from the plan;
or (b) the redevelopment plan is for a redevelopment
project area located within a transit facility improvement
area established pursuant to Section 11-74.4-3.3, and the
applicable project is subject to the process for evaluation
of environmental effects under the National Environmental
Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a
housing impact study need not be performed. If, however,
the redevelopment plan would result in the displacement of
residents from 10 or more inhabited residential units, or
if the redevelopment project area contains 75 or more
inhabited residential units and no certification is made,
then the municipality shall prepare, as part of the
separate feasibility report required by subsection (a) of
Section 11-74.4-5, a housing impact study.
Part I of the housing impact study shall include (i)
data as to whether the residential units are single family
or multi-family units, (ii) the number and type of rooms
within the units, if that information is available, (iii)
whether the units are inhabited or uninhabited, as
determined not less than 45 days before the date that the
ordinance or resolution required by subsection (a) of
Section 11-74.4-5 is passed, and (iv) data as to the racial
and ethnic composition of the residents in the inhabited
residential units. The data requirement as to the racial
and ethnic composition of the residents in the inhabited
residential units shall be deemed to be fully satisfied by
data from the most recent federal census.
Part II of the housing impact study shall identify the
inhabited residential units in the proposed redevelopment
project area that are to be or may be removed. If inhabited
residential units are to be removed, then the housing
impact study shall identify (i) the number and location of
those units that will or may be removed, (ii) the
municipality's plans for relocation assistance for those
residents in the proposed redevelopment project area whose
residences are to be removed, (iii) the availability of
replacement housing for those residents whose residences
are to be removed, and shall identify the type, location,
and cost of the housing, and (iv) the type and extent of
relocation assistance to be provided.
(6) On and after November 1, 1999, the housing impact
study required by paragraph (5) shall be incorporated in
the redevelopment plan for the redevelopment project area.
(7) On and after November 1, 1999, no redevelopment
plan shall be adopted, nor an existing plan amended, nor
shall residential housing that is occupied by households of
low-income and very low-income persons in currently
existing redevelopment project areas be removed after
November 1, 1999 unless the redevelopment plan provides,
with respect to inhabited housing units that are to be
removed for households of low-income and very low-income
persons, affordable housing and relocation assistance not
less than that which would be provided under the federal
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and the regulations under
that Act, including the eligibility criteria. Affordable
housing may be either existing or newly constructed
housing. For purposes of this paragraph (7), "low-income
households", "very low-income households", and "affordable
housing" have the meanings set forth in the Illinois
Affordable Housing Act. The municipality shall make a good
faith effort to ensure that this affordable housing is
located in or near the redevelopment project area within
the municipality.
(8) On and after November 1, 1999, if, after the
adoption of the redevelopment plan for the redevelopment
project area, any municipality desires to amend its
redevelopment plan to remove more inhabited residential
units than specified in its original redevelopment plan,
that change shall be made in accordance with the procedures
in subsection (c) of Section 11-74.4-5.
(9) For redevelopment project areas designated prior
to November 1, 1999, the redevelopment plan may be amended
without further joint review board meeting or hearing,
provided that the municipality shall give notice of any
such changes by mail to each affected taxing district and
registrant on the interested party registry, to authorize
the municipality to expend tax increment revenues for
redevelopment project costs defined by paragraphs (5) and
(7.5), subparagraphs (E) and (F) of paragraph (11), and
paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
long as the changes do not increase the total estimated
redevelopment project costs set out in the redevelopment
plan by more than 5% after adjustment for inflation from
the date the plan was adopted.
(o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan may
be approved or amended that includes the development of vacant
land (i) with a golf course and related clubhouse and other
facilities or (ii) designated by federal, State, county, or
municipal government as public land for outdoor recreational
activities or for nature preserves and used for that purpose
within 5 years prior to the adoption of the redevelopment plan.
For the purpose of this subsection, "recreational activities"
is limited to mean camping and hunting.
(p) "Redevelopment project area" means an area designated
by the municipality, which is not less in the aggregate than 1
1/2 acres and in respect to which the municipality has made a
finding that there exist conditions which cause the area to be
classified as an industrial park conservation area or a
blighted area or a conservation area, or a combination of both
blighted areas and conservation areas.
(p-1) Notwithstanding any provision of this Act to the
contrary, on and after August 25, 2009 (the effective date of
Public Act 96-680), a redevelopment project area may include
areas within a one-half mile radius of an existing or proposed
Regional Transportation Authority Suburban Transit Access
Route (STAR Line) station without a finding that the area is
classified as an industrial park conservation area, a blighted
area, a conservation area, or a combination thereof, but only
if the municipality receives unanimous consent from the joint
review board created to review the proposed redevelopment
project area.
(p-2) Notwithstanding any provision of this Act to the
contrary, on and after the effective date of this amendatory
Act of the 99th General Assembly, a redevelopment project area
may include areas within a transit facility improvement area
that has been established pursuant to Section 11-74.4-3.3
without a finding that the area is classified as an industrial
park conservation area, a blighted area, a conservation area,
or any combination thereof.
(q) "Redevelopment project costs", except for
redevelopment project areas created pursuant to subsection
subsections (p-1) or (p-2), means and includes the sum total of
all reasonable or necessary costs incurred or estimated to be
incurred, and any such costs incidental to a redevelopment plan
and a redevelopment project. Such costs include, without
limitation, the following:
(1) Costs of studies, surveys, development of plans,
and specifications, implementation and administration of
the redevelopment plan including but not limited to staff
and professional service costs for architectural,
engineering, legal, financial, planning or other services,
provided however that no charges for professional services
may be based on a percentage of the tax increment
collected; except that on and after November 1, 1999 (the
effective date of Public Act 91-478), no contracts for
professional services, excluding architectural and
engineering services, may be entered into if the terms of
the contract extend beyond a period of 3 years. In
addition, "redevelopment project costs" shall not include
lobbying expenses. After consultation with the
municipality, each tax increment consultant or advisor to a
municipality that plans to designate or has designated a
redevelopment project area shall inform the municipality
in writing of any contracts that the consultant or advisor
has entered into with entities or individuals that have
received, or are receiving, payments financed by tax
increment revenues produced by the redevelopment project
area with respect to which the consultant or advisor has
performed, or will be performing, service for the
municipality. This requirement shall be satisfied by the
consultant or advisor before the commencement of services
for the municipality and thereafter whenever any other
contracts with those individuals or entities are executed
by the consultant or advisor;
(1.5) After July 1, 1999, annual administrative costs
shall not include general overhead or administrative costs
of the municipality that would still have been incurred by
the municipality if the municipality had not designated a
redevelopment project area or approved a redevelopment
plan;
(1.6) The cost of marketing sites within the
redevelopment project area to prospective businesses,
developers, and investors;
(2) Property assembly costs, including but not limited
to acquisition of land and other property, real or
personal, or rights or interests therein, demolition of
buildings, site preparation, site improvements that serve
as an engineered barrier addressing ground level or below
ground environmental contamination, including, but not
limited to parking lots and other concrete or asphalt
barriers, and the clearing and grading of land;
(3) Costs of rehabilitation, reconstruction or repair
or remodeling of existing public or private buildings,
fixtures, and leasehold improvements; and the cost of
replacing an existing public building if pursuant to the
implementation of a redevelopment project the existing
public building is to be demolished to use the site for
private investment or devoted to a different use requiring
private investment; including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification;
(4) Costs of the construction of public works or
improvements, including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification, except that on and after November 1, 1999,
redevelopment project costs shall not include the cost of
constructing a new municipal public building principally
used to provide offices, storage space, or conference
facilities or vehicle storage, maintenance, or repair for
administrative, public safety, or public works personnel
and that is not intended to replace an existing public
building as provided under paragraph (3) of subsection (q)
of Section 11-74.4-3 unless either (i) the construction of
the new municipal building implements a redevelopment
project that was included in a redevelopment plan that was
adopted by the municipality prior to November 1, 1999, (ii)
the municipality makes a reasonable determination in the
redevelopment plan, supported by information that provides
the basis for that determination, that the new municipal
building is required to meet an increase in the need for
public safety purposes anticipated to result from the
implementation of the redevelopment plan, or (iii) the new
municipal public building is for the storage, maintenance,
or repair of transit vehicles and is located in a transit
facility improvement area that has been established
pursuant to Section 11-74.4-3.3;
(5) Costs of job training and retraining projects,
including the cost of "welfare to work" programs
implemented by businesses located within the redevelopment
project area;
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance
of obligations and which may include payment of interest on
any obligations issued hereunder including interest
accruing during the estimated period of construction of any
redevelopment project for which such obligations are
issued and for not exceeding 36 months thereafter and
including reasonable reserves related thereto;
(7) To the extent the municipality by written agreement
accepts and approves the same, all or a portion of a taxing
district's capital costs resulting from the redevelopment
project necessarily incurred or to be incurred within a
taxing district in furtherance of the objectives of the
redevelopment plan and project; .
(7.5) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after November 1, 1999, an elementary, secondary, or
unit school district's increased costs attributable to
assisted housing units located within the redevelopment
project area for which the developer or redeveloper
receives financial assistance through an agreement with
the municipality or because the municipality incurs the
cost of necessary infrastructure improvements within the
boundaries of the assisted housing sites necessary for the
completion of that housing as authorized by this Act, and
which costs shall be paid by the municipality from the
Special Tax Allocation Fund when the tax increment revenue
is received as a result of the assisted housing units and
shall be calculated annually as follows:
(A) for foundation districts, excluding any school
district in a municipality with a population in excess
of 1,000,000, by multiplying the district's increase
in attendance resulting from the net increase in new
students enrolled in that school district who reside in
housing units within the redevelopment project area
that have received financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary
infrastructure improvements within the boundaries of
the housing sites necessary for the completion of that
housing as authorized by this Act since the designation
of the redevelopment project area by the most recently
available per capita tuition cost as defined in Section
10-20.12a of the School Code less any increase in
general State aid as defined in Section 18-8.05 of the
School Code attributable to these added new students
subject to the following annual limitations:
(i) for unit school districts with a district
average 1995-96 Per Capita Tuition Charge of less
than $5,900, no more than 25% of the total amount
of property tax increment revenue produced by
those housing units that have received tax
increment finance assistance under this Act;
(ii) for elementary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 17% of the total
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act; and
(iii) for secondary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 8% of the total
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act.
(B) For alternate method districts, flat grant
districts, and foundation districts with a district
average 1995-96 Per Capita Tuition Charge equal to or
more than $5,900, excluding any school district with a
population in excess of 1,000,000, by multiplying the
district's increase in attendance resulting from the
net increase in new students enrolled in that school
district who reside in housing units within the
redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the
cost of necessary infrastructure improvements within
the boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act
since the designation of the redevelopment project
area by the most recently available per capita tuition
cost as defined in Section 10-20.12a of the School Code
less any increase in general state aid as defined in
Section 18-8.05 of the School Code attributable to
these added new students subject to the following
annual limitations:
(i) for unit school districts, no more than 40%
of the total amount of property tax increment
revenue produced by those housing units that have
received tax increment finance assistance under
this Act;
(ii) for elementary school districts, no more
than 27% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act; and
(iii) for secondary school districts, no more
than 13% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act.
(C) For any school district in a municipality with
a population in excess of 1,000,000, the following
restrictions shall apply to the reimbursement of
increased costs under this paragraph (7.5):
(i) no increased costs shall be reimbursed
unless the school district certifies that each of
the schools affected by the assisted housing
project is at or over its student capacity;
(ii) the amount reimbursable shall be reduced
by the value of any land donated to the school
district by the municipality or developer, and by
the value of any physical improvements made to the
schools by the municipality or developer; and
(iii) the amount reimbursed may not affect
amounts otherwise obligated by the terms of any
bonds, notes, or other funding instruments, or the
terms of any redevelopment agreement.
Any school district seeking payment under this
paragraph (7.5) shall, after July 1 and before
September 30 of each year, provide the municipality
with reasonable evidence to support its claim for
reimbursement before the municipality shall be
required to approve or make the payment to the school
district. If the school district fails to provide the
information during this period in any year, it shall
forfeit any claim to reimbursement for that year.
School districts may adopt a resolution waiving the
right to all or a portion of the reimbursement
otherwise required by this paragraph (7.5). By
acceptance of this reimbursement the school district
waives the right to directly or indirectly set aside,
modify, or contest in any manner the establishment of
the redevelopment project area or projects;
(7.7) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after January 1, 2005 (the effective date of Public
Act 93-961), a public library district's increased costs
attributable to assisted housing units located within the
redevelopment project area for which the developer or
redeveloper receives financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary infrastructure
improvements within the boundaries of the assisted housing
sites necessary for the completion of that housing as
authorized by this Act shall be paid to the library
district by the municipality from the Special Tax
Allocation Fund when the tax increment revenue is received
as a result of the assisted housing units. This paragraph
(7.7) applies only if (i) the library district is located
in a county that is subject to the Property Tax Extension
Limitation Law or (ii) the library district is not located
in a county that is subject to the Property Tax Extension
Limitation Law but the district is prohibited by any other
law from increasing its tax levy rate without a prior voter
referendum.
The amount paid to a library district under this
paragraph (7.7) shall be calculated by multiplying (i) the
net increase in the number of persons eligible to obtain a
library card in that district who reside in housing units
within the redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the cost of
necessary infrastructure improvements within the
boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act since
the designation of the redevelopment project area by (ii)
the per-patron cost of providing library services so long
as it does not exceed $120. The per-patron cost shall be
the Total Operating Expenditures Per Capita for the library
in the previous fiscal year. The municipality may deduct
from the amount that it must pay to a library district
under this paragraph any amount that it has voluntarily
paid to the library district from the tax increment
revenue. The amount paid to a library district under this
paragraph (7.7) shall be no more than 2% of the amount
produced by the assisted housing units and deposited into
the Special Tax Allocation Fund.
A library district is not eligible for any payment
under this paragraph (7.7) unless the library district has
experienced an increase in the number of patrons from the
municipality that created the tax-increment-financing
district since the designation of the redevelopment
project area.
Any library district seeking payment under this
paragraph (7.7) shall, after July 1 and before September 30
of each year, provide the municipality with convincing
evidence to support its claim for reimbursement before the
municipality shall be required to approve or make the
payment to the library district. If the library district
fails to provide the information during this period in any
year, it shall forfeit any claim to reimbursement for that
year. Library districts may adopt a resolution waiving the
right to all or a portion of the reimbursement otherwise
required by this paragraph (7.7). By acceptance of such
reimbursement, the library district shall forfeit any
right to directly or indirectly set aside, modify, or
contest in any manner whatsoever the establishment of the
redevelopment project area or projects;
(8) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is
required to make payment of relocation costs by federal or
State law or in order to satisfy subparagraph (7) of
subsection (n);
(9) Payment in lieu of taxes;
(10) Costs of job training, retraining, advanced
vocational education or career education, including but
not limited to courses in occupational, semi-technical or
technical fields leading directly to employment, incurred
by one or more taxing districts, provided that such costs
(i) are related to the establishment and maintenance of
additional job training, advanced vocational education or
career education programs for persons employed or to be
employed by employers located in a redevelopment project
area; and (ii) when incurred by a taxing district or taxing
districts other than the municipality, are set forth in a
written agreement by or among the municipality and the
taxing district or taxing districts, which agreement
describes the program to be undertaken, including but not
limited to the number of employees to be trained, a
description of the training and services to be provided,
the number and type of positions available or to be
available, itemized costs of the program and sources of
funds to pay for the same, and the term of the agreement.
Such costs include, specifically, the payment by community
college districts of costs pursuant to Sections 3-37, 3-38,
3-40 and 3-40.1 of the Public Community College Act and by
school districts of costs pursuant to Sections 10-22.20a
and 10-23.3a of the The School Code;
(11) Interest cost incurred by a redeveloper related to
the construction, renovation or rehabilitation of a
redevelopment project provided that:
(A) such costs are to be paid directly from the
special tax allocation fund established pursuant to
this Act;
(B) such payments in any one year may not exceed
30% of the annual interest costs incurred by the
redeveloper with regard to the redevelopment project
during that year;
(C) if there are not sufficient funds available in
the special tax allocation fund to make the payment
pursuant to this paragraph (11) then the amounts so due
shall accrue and be payable when sufficient funds are
available in the special tax allocation fund;
(D) the total of such interest payments paid
pursuant to this Act may not exceed 30% of the total
(i) cost paid or incurred by the redeveloper for the
redevelopment project plus (ii) redevelopment project
costs excluding any property assembly costs and any
relocation costs incurred by a municipality pursuant
to this Act; and
(E) the cost limits set forth in subparagraphs (B)
and (D) of paragraph (11) shall be modified for the
financing of rehabilitated or new housing units for
low-income households and very low-income households,
as defined in Section 3 of the Illinois Affordable
Housing Act. The percentage of 75% shall be substituted
for 30% in subparagraphs (B) and (D) of paragraph (11);
and .
(F) instead Instead of the eligible costs provided
by subparagraphs (B) and (D) of paragraph (11), as
modified by this subparagraph, and notwithstanding any
other provisions of this Act to the contrary, the
municipality may pay from tax increment revenues up to
50% of the cost of construction of new housing units to
be occupied by low-income households and very
low-income households as defined in Section 3 of the
Illinois Affordable Housing Act. The cost of
construction of those units may be derived from the
proceeds of bonds issued by the municipality under this
Act or other constitutional or statutory authority or
from other sources of municipal revenue that may be
reimbursed from tax increment revenues or the proceeds
of bonds issued to finance the construction of that
housing.
The eligible costs provided under this
subparagraph (F) of paragraph (11) shall be an eligible
cost for the construction, renovation, and
rehabilitation of all low and very low-income housing
units, as defined in Section 3 of the Illinois
Affordable Housing Act, within the redevelopment
project area. If the low and very low-income units are
part of a residential redevelopment project that
includes units not affordable to low and very
low-income households, only the low and very
low-income units shall be eligible for benefits under
this subparagraph (F) of paragraph (11). The standards
for maintaining the occupancy by low-income households
and very low-income households, as defined in Section 3
of the Illinois Affordable Housing Act, of those units
constructed with eligible costs made available under
the provisions of this subparagraph (F) of paragraph
(11) shall be established by guidelines adopted by the
municipality. The responsibility for annually
documenting the initial occupancy of the units by
low-income households and very low-income households,
as defined in Section 3 of the Illinois Affordable
Housing Act, shall be that of the then current owner of
the property. For ownership units, the guidelines will
provide, at a minimum, for a reasonable recapture of
funds, or other appropriate methods designed to
preserve the original affordability of the ownership
units. For rental units, the guidelines will provide,
at a minimum, for the affordability of rent to low and
very low-income households. As units become available,
they shall be rented to income-eligible tenants. The
municipality may modify these guidelines from time to
time; the guidelines, however, shall be in effect for
as long as tax increment revenue is being used to pay
for costs associated with the units or for the
retirement of bonds issued to finance the units or for
the life of the redevelopment project area, whichever
is later; .
(11.5) If the redevelopment project area is located
within a municipality with a population of more than
100,000, the cost of day care services for children of
employees from low-income families working for businesses
located within the redevelopment project area and all or a
portion of the cost of operation of day care centers
established by redevelopment project area businesses to
serve employees from low-income families working in
businesses located in the redevelopment project area. For
the purposes of this paragraph, "low-income families"
means families whose annual income does not exceed 80% of
the municipal, county, or regional median income, adjusted
for family size, as the annual income and municipal,
county, or regional median income are determined from time
to time by the United States Department of Housing and
Urban Development.
(12) Unless explicitly stated herein the cost of
construction of new privately-owned buildings shall not be an
eligible redevelopment project cost.
(13) After November 1, 1999 (the effective date of Public
Act 91-478), none of the redevelopment project costs enumerated
in this subsection shall be eligible redevelopment project
costs if those costs would provide direct financial support to
a retail entity initiating operations in the redevelopment
project area while terminating operations at another Illinois
location within 10 miles of the redevelopment project area but
outside the boundaries of the redevelopment project area
municipality. For purposes of this paragraph, termination
means a closing of a retail operation that is directly related
to the opening of the same operation or like retail entity
owned or operated by more than 50% of the original ownership in
a redevelopment project area, but it does not mean closing an
operation for reasons beyond the control of the retail entity,
as documented by the retail entity, subject to a reasonable
finding by the municipality that the current location contained
inadequate space, had become economically obsolete, or was no
longer a viable location for the retailer or serviceman.
(14) No cost shall be a redevelopment project cost in a
redevelopment project area if used to demolish, remove, or
substantially modify a historic resource, after August 26, 2008
(the effective date of Public Act 95-934), unless no prudent
and feasible alternative exists. "Historic resource" for the
purpose of this paragraph item (14) means (i) a place or
structure that is included or eligible for inclusion on the
National Register of Historic Places or (ii) a contributing
structure in a district on the National Register of Historic
Places. This paragraph item (14) does not apply to a place or
structure for which demolition, removal, or modification is
subject to review by the preservation agency of a Certified
Local Government designated as such by the National Park
Service of the United States Department of the Interior.
If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax
Law, then any tax increment revenues derived from the tax
imposed pursuant to the Special Service Area Tax Act or Special
Service Area Tax Law may be used within the redevelopment
project area for the purposes permitted by that Act or Law as
well as the purposes permitted by this Act.
(q-1) For redevelopment project areas created pursuant to
subsection (p-1), redevelopment project costs are limited to
those costs in paragraph (q) that are related to the existing
or proposed Regional Transportation Authority Suburban Transit
Access Route (STAR Line) station.
(q-2) For a redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3, redevelopment project costs means those
costs described in subsection (q) that are related to the
construction, reconstruction, rehabilitation, remodeling, or
repair of any existing or proposed transit facility.
(r) "State Sales Tax Boundary" means the redevelopment
project area or the amended redevelopment project area
boundaries which are determined pursuant to subsection (9) of
Section 11-74.4-8a of this Act. The Department of Revenue shall
certify pursuant to subsection (9) of Section 11-74.4-8a the
appropriate boundaries eligible for the determination of State
Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to
the increase in the aggregate amount of taxes paid by retailers
and servicemen, other than retailers and servicemen subject to
the Public Utilities Act, on transactions at places of business
located within a State Sales Tax Boundary pursuant to the
Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
Tax Act, and the Service Occupation Tax Act, except such
portion of such increase that is paid into the State and Local
Sales Tax Reform Fund, the Local Government Distributive Fund,
the Local Government Tax Fund and the County and Mass Transit
District Fund, for as long as State participation exists, over
and above the Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts for such
taxes as certified by the Department of Revenue and paid under
those Acts by retailers and servicemen on transactions at
places of business located within the State Sales Tax Boundary
during the base year which shall be the calendar year
immediately prior to the year in which the municipality adopted
tax increment allocation financing, less 3.0% of such amounts
generated under the Retailers' Occupation Tax Act, Use Tax Act
and Service Use Tax Act and the Service Occupation Tax Act,
which sum shall be appropriated to the Department of Revenue to
cover its costs of administering and enforcing this Section.
For purposes of computing the aggregate amount of such taxes
for base years occurring prior to 1985, the Department of
Revenue shall compute the Initial Sales Tax Amount for such
taxes and deduct therefrom an amount equal to 4% of the
aggregate amount of taxes per year for each year the base year
is prior to 1985, but not to exceed a total deduction of 12%.
The amount so determined shall be known as the "Adjusted
Initial Sales Tax Amount". For purposes of determining the
State Sales Tax Increment the Department of Revenue shall for
each period subtract from the tax amounts received from
retailers and servicemen on transactions located in the State
Sales Tax Boundary, the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act and the Service Occupation Tax Act. For
the State Fiscal Year 1989 this calculation shall be made by
utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation
shall be made by utilizing the period from January 1, 1988,
until September 30, 1988, to determine the tax amounts received
from retailers and servicemen, which shall have deducted
therefrom nine-twelfths of the certified Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts as appropriate. For the State Fiscal
Year 1991, this calculation shall be made by utilizing the
period from October 1, 1988, until June 30, 1989, to determine
the tax amounts received from retailers and servicemen, which
shall have deducted therefrom nine-twelfths of the certified
Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as
appropriate. For every State Fiscal Year thereafter, the
applicable period shall be the 12 months beginning July 1 and
ending on June 30, to determine the tax amounts received which
shall have deducted therefrom the certified Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts. Municipalities intending to receive
a distribution of State Sales Tax Increment must report a list
of retailers to the Department of Revenue by October 31, 1988
and by July 31, of each year thereafter.
(t) "Taxing districts" means counties, townships, cities
and incorporated towns and villages, school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy, tuberculosis sanitarium
and any other municipal corporations or districts with the
power to levy taxes.
(u) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by the
municipal corporate authorities to be necessary and directly
result from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant land" means any parcel or combination of parcels
of real property without industrial, commercial, and
residential buildings which has not been used for commercial
agricultural purposes within 5 years prior to the designation
of the redevelopment project area, unless the parcel is
included in an industrial park conservation area or the parcel
has been subdivided; provided that if the parcel was part of a
larger tract that has been divided into 3 or more smaller
tracts that were accepted for recording during the period from
1950 to 1990, then the parcel shall be deemed to have been
subdivided, and all proceedings and actions of the municipality
taken in that connection with respect to any previously
approved or designated redevelopment project area or amended
redevelopment project area are hereby validated and hereby
declared to be legally sufficient for all purposes of this Act.
For purposes of this Section and only for land subject to the
subdivision requirements of the Plat Act, land is subdivided
when the original plat of the proposed Redevelopment Project
Area or relevant portion thereof has been properly certified,
acknowledged, approved, and recorded or filed in accordance
with the Plat Act and a preliminary plat, if any, for any
subsequent phases of the proposed Redevelopment Project Area or
relevant portion thereof has been properly approved and filed
in accordance with the applicable ordinance of the
municipality.
(w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each
municipality's annual Net Utility Tax Increment. The ratio of
the Annual Total Increment of each municipality to the Annual
Total Increment for all municipalities, as most recently
calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
(x) "LEED certified" means any certification level of
construction elements by a qualified Leadership in Energy and
Environmental Design Accredited Professional as determined by
the U.S. Green Building Council.
(y) "Green Globes certified" means any certification level
of construction elements by a qualified Green Globes
Professional as determined by the Green Building Initiative.
(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
(65 ILCS 5/11-74.4-3.5)
Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
(a) Unless otherwise stated in this Section, the estimated
dates of completion of the redevelopment project and retirement
of obligations issued to finance redevelopment project costs
(including refunding bonds under Section 11-74.4-7) may not be
later than December 31 of the year in which the payment to the
municipal treasurer, as provided in subsection (b) of Section
11-74.4-8 of this Act, is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which
the ordinance approving the redevelopment project area was
adopted if the ordinance was adopted on or after January 15,
1981.
(a-5) If the redevelopment project area is located within a
transit facility improvement area established pursuant to
Section 11-74.4-3, the estimated dates of completion of the
redevelopment project and retirement of obligations issued to
finance redevelopment project costs (including refunding bonds
under Section 11-74.4-7) may not be later than December 31 of
the year in which the payment to the municipal treasurer, as
provided in subsection (b) of Section 11-74.4-8 of this Act
amendatory Act of the 99th General Assembly, is to be made with
respect to ad valorem taxes levied in the 35th calendar year
after the year in which the ordinance approving the
redevelopment project area was adopted.
(a-7) A municipality may adopt tax increment financing for
a redevelopment project area located in a transit facility
improvement area that also includes real property located
within an existing redevelopment project area established
prior to August 12, 2016 (the effective date of Public Act
99-792) this amendatory Act of 99th General Assembly. In such
case: (i) the provisions of this Division shall apply with
respect to the previously established redevelopment project
area until the municipality adopts, as required in accordance
with applicable provisions of this Division, an ordinance
dissolving the special tax allocation fund for such
redevelopment project area and terminating the designation of
such redevelopment project area as a redevelopment project
area; and (ii) after the effective date of the ordinance
described in (i), the provisions of this Division shall apply
with respect to the subsequently established redevelopment
project area located in a transit facility improvement area.
(b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on September 9, 1999 by the Village of Downs.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on May 20, 1985 by the Village of Wheeling.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 28th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on October 12, 1989 by the City of Lawrenceville.
(c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:
(1) If the ordinance was adopted before January 15,
1981.
(2) If the ordinance was adopted in December 1983,
April 1984, July 1985, or December 1989.
(3) If the ordinance was adopted in December 1987 and
the redevelopment project is located within one mile of
Midway Airport.
(4) If the ordinance was adopted before January 1, 1987
by a municipality in Mason County.
(5) If the municipality is subject to the Local
Government Financial Planning and Supervision Act or the
Financially Distressed City Law.
(6) If the ordinance was adopted in December 1984 by
the Village of Rosemont.
(7) If the ordinance was adopted on December 31, 1986
by a municipality located in Clinton County for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997, or if the ordinance was adopted on December
31, 1986 by a municipality with a population in 1990 of
less than 3,600 that is located in a county with a
population in 1990 of less than 34,000 and for which at
least $250,000 of tax increment bonds were authorized on
June 17, 1997.
(8) If the ordinance was adopted on October 5, 1982 by
the City of Kankakee, or if the ordinance was adopted on
December 29, 1986 by East St. Louis.
(9) If the ordinance was adopted on November 12, 1991
by the Village of Sauget.
(10) If the ordinance was adopted on February 11, 1985
by the City of Rock Island.
(11) If the ordinance was adopted before December 18,
1986 by the City of Moline.
(12) If the ordinance was adopted in September 1988 by
Sauk Village.
(13) If the ordinance was adopted in October 1993 by
Sauk Village.
(14) If the ordinance was adopted on December 29, 1986
by the City of Galva.
(15) If the ordinance was adopted in March 1991 by the
City of Centreville.
(16) If the ordinance was adopted on January 23, 1991
by the City of East St. Louis.
(17) If the ordinance was adopted on December 22, 1986
by the City of Aledo.
(18) If the ordinance was adopted on February 5, 1990
by the City of Clinton.
(19) If the ordinance was adopted on September 6, 1994
by the City of Freeport.
(20) If the ordinance was adopted on December 22, 1986
by the City of Tuscola.
(21) If the ordinance was adopted on December 23, 1986
by the City of Sparta.
(22) If the ordinance was adopted on December 23, 1986
by the City of Beardstown.
(23) If the ordinance was adopted on April 27, 1981,
October 21, 1985, or December 30, 1986 by the City of
Belleville.
(24) If the ordinance was adopted on December 29, 1986
by the City of Collinsville.
(25) If the ordinance was adopted on September 14, 1994
by the City of Alton.
(26) If the ordinance was adopted on November 11, 1996
by the City of Lexington.
(27) If the ordinance was adopted on November 5, 1984
by the City of LeRoy.
(28) If the ordinance was adopted on April 3, 1991 or
June 3, 1992 by the City of Markham.
(29) If the ordinance was adopted on November 11, 1986
by the City of Pekin.
(30) If the ordinance was adopted on December 15, 1981
by the City of Champaign.
(31) If the ordinance was adopted on December 15, 1986
by the City of Urbana.
(32) If the ordinance was adopted on December 15, 1986
by the Village of Heyworth.
(33) If the ordinance was adopted on February 24, 1992
by the Village of Heyworth.
(34) If the ordinance was adopted on March 16, 1995 by
the Village of Heyworth.
(35) If the ordinance was adopted on December 23, 1986
by the Town of Cicero.
(36) If the ordinance was adopted on December 30, 1986
by the City of Effingham.
(37) If the ordinance was adopted on May 9, 1991 by the
Village of Tilton.
(38) If the ordinance was adopted on October 20, 1986
by the City of Elmhurst.
(39) If the ordinance was adopted on January 19, 1988
by the City of Waukegan.
(40) If the ordinance was adopted on September 21, 1998
by the City of Waukegan.
(41) If the ordinance was adopted on December 31, 1986
by the City of Sullivan.
(42) If the ordinance was adopted on December 23, 1991
by the City of Sullivan.
(43) If the ordinance was adopted on December 31, 1986
by the City of Oglesby.
(44) If the ordinance was adopted on July 28, 1987 by
the City of Marion.
(45) If the ordinance was adopted on April 23, 1990 by
the City of Marion.
(46) If the ordinance was adopted on August 20, 1985 by
the Village of Mount Prospect.
(47) If the ordinance was adopted on February 2, 1998
by the Village of Woodhull.
(48) If the ordinance was adopted on April 20, 1993 by
the Village of Princeville.
(49) If the ordinance was adopted on July 1, 1986 by
the City of Granite City.
(50) If the ordinance was adopted on February 2, 1989
by the Village of Lombard.
(51) If the ordinance was adopted on December 29, 1986
by the Village of Gardner.
(52) If the ordinance was adopted on July 14, 1999 by
the Village of Paw Paw.
(53) If the ordinance was adopted on November 17, 1986
by the Village of Franklin Park.
(54) If the ordinance was adopted on November 20, 1989
by the Village of South Holland.
(55) If the ordinance was adopted on July 14, 1992 by
the Village of Riverdale.
(56) If the ordinance was adopted on December 29, 1986
by the City of Galesburg.
(57) If the ordinance was adopted on April 1, 1985 by
the City of Galesburg.
(58) If the ordinance was adopted on May 21, 1990 by
the City of West Chicago.
(59) If the ordinance was adopted on December 16, 1986
by the City of Oak Forest.
(60) If the ordinance was adopted in 1999 by the City
of Villa Grove.
(61) If the ordinance was adopted on January 13, 1987
by the Village of Mt. Zion.
(62) If the ordinance was adopted on December 30, 1986
by the Village of Manteno.
(63) If the ordinance was adopted on April 3, 1989 by
the City of Chicago Heights.
(64) If the ordinance was adopted on January 6, 1999 by
the Village of Rosemont.
(65) If the ordinance was adopted on December 19, 2000
by the Village of Stone Park.
(66) If the ordinance was adopted on December 22, 1986
by the City of DeKalb.
(67) If the ordinance was adopted on December 2, 1986
by the City of Aurora.
(68) If the ordinance was adopted on December 31, 1986
by the Village of Milan.
(69) If the ordinance was adopted on September 8, 1994
by the City of West Frankfort.
(70) If the ordinance was adopted on December 23, 1986
by the Village of Libertyville.
(71) If the ordinance was adopted on December 22, 1986
by the Village of Hoffman Estates.
(72) If the ordinance was adopted on September 17, 1986
by the Village of Sherman.
(73) If the ordinance was adopted on December 16, 1986
by the City of Macomb.
(74) If the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the West Washington
Street TIF.
(75) If the ordinance was adopted on June 11, 2002 by
the City of East Peoria to create the Camp Street TIF.
(76) If the ordinance was adopted on August 7, 2000 by
the City of Des Plaines.
(77) If the ordinance was adopted on December 22, 1986
by the City of Washington to create the Washington Square
TIF #2.
(78) If the ordinance was adopted on December 29, 1986
by the City of Morris.
(79) If the ordinance was adopted on July 6, 1998 by
the Village of Steeleville.
(80) If the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF I (the Main St TIF).
(81) If the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF II (the Interstate
TIF).
(82) If the ordinance was adopted on November 6, 2002
by the City of Chicago to create the Madden/Wells TIF
District.
(83) If the ordinance was adopted on November 4, 1998
by the City of Chicago to create the Roosevelt/Racine TIF
District.
(84) If the ordinance was adopted on June 10, 1998 by
the City of Chicago to create the Stony Island
Commercial/Burnside Industrial Corridors TIF District.
(85) If the ordinance was adopted on November 29, 1989
by the City of Chicago to create the Englewood Mall TIF
District.
(86) If the ordinance was adopted on December 27, 1986
by the City of Mendota.
(87) If the ordinance was adopted on December 31, 1986
by the Village of Cahokia.
(88) If the ordinance was adopted on September 20, 1999
by the City of Belleville.
(89) If the ordinance was adopted on December 30, 1986
by the Village of Bellevue to create the Bellevue TIF
District 1.
(90) If the ordinance was adopted on December 13, 1993
by the Village of Crete.
(91) If the ordinance was adopted on February 12, 2001
by the Village of Crete.
(92) If the ordinance was adopted on April 23, 2001 by
the Village of Crete.
(93) If the ordinance was adopted on December 16, 1986
by the City of Champaign.
(94) If the ordinance was adopted on December 20, 1986
by the City of Charleston.
(95) If the ordinance was adopted on June 6, 1989 by
the Village of Romeoville.
(96) If the ordinance was adopted on October 14, 1993
and amended on August 2, 2010 by the City of Venice.
(97) If the ordinance was adopted on June 1, 1994 by
the City of Markham.
(98) If the ordinance was adopted on May 19, 1998 by
the Village of Bensenville.
(99) If the ordinance was adopted on November 12, 1987
by the City of Dixon.
(100) If the ordinance was adopted on December 20, 1988
by the Village of Lansing.
(101) If the ordinance was adopted on October 27, 1998
by the City of Moline.
(102) If the ordinance was adopted on May 21, 1991 by
the Village of Glenwood.
(103) If the ordinance was adopted on January 28, 1992
by the City of East Peoria.
(104) If the ordinance was adopted on December 14, 1998
by the City of Carlyle.
(105) If the ordinance was adopted on May 17, 2000, as
subsequently amended, by the City of Chicago to create the
Midwest Redevelopment TIF District.
(106) If the ordinance was adopted on September 13,
1989 by the City of Chicago to create the Michigan/Cermak
Area TIF District.
(107) If the ordinance was adopted on March 30, 1992 by
the Village of Ohio.
(108) If the ordinance was adopted on July 6, 1998 by
the Village of Orangeville.
(109) If the ordinance was adopted on December 16, 1997
by the Village of Germantown.
(110) If the ordinance was adopted on April 28, 2003 by
Gibson City.
(111) If the ordinance was adopted on December 18, 1990
by the Village of Washington Park, but only after the
Village of Washington Park becomes compliant with the
reporting requirements under subsection (d) of Section
11-74.4-5, and after the State Comptroller's certification
of such compliance.
(112) If the ordinance was adopted on February 28, 2000
by the City of Harvey.
(113) If the ordinance was adopted on January 11, 1991
by the City of Chicago to create the Read/Dunning TIF
District.
(114) If the ordinance was adopted on July 24, 1991 by
the City of Chicago to create the Sanitary and Ship Canal
TIF District.
(115) If the ordinance was adopted on December 4, 2007
by the City of Naperville.
(116) If the ordinance was adopted on July 1, 2002 by
the Village of Arlington Heights.
(117) If the ordinance was adopted on February 11, 1991
by the Village of Machesney Park.
(118) If the ordinance was adopted on December 29, 1993
by the City of Ottawa.
(119) If the ordinance was adopted on June 4, 1991 by
the Village of Lansing.
(120) If the ordinance was adopted on February 10, 2004
by the Village of Fox Lake.
(121) If the ordinance was adopted on December 22, 1992
by the City of Fairfield.
(122) If the ordinance was adopted on February 10, 1992
by the City of Mt. Sterling.
(123) If the ordinance was adopted on March 15, 2004 by
the City of Batavia.
(124) If the ordinance was adopted on March 18, 2002 by
the Village of Lake Zurich.
(125) If the ordinance was adopted on September 23,
1997 by the City of Granite City.
(126) If the ordinance was adopted on May 8, 2013 by
the Village of Rosemont to create the Higgins Road/River
Road TIF District No. 6.
(127) If the ordinance was adopted on November 22, 1993
by the City of Arcola.
(128) If the ordinance was adopted on September 7, 2004
by the City of Arcola.
(129) If the ordinance was adopted on November 29, 1999
by the City of Paris.
(130) If the ordinance was adopted on September 20,
1994 by the City of Ottawa to create the U.S. Route 6 East
Ottawa TIF.
(131) If the ordinance was adopted on May 2, 2002 by
the Village of Crestwood.
(132) If the ordinance was adopted on October 27, 1992
by the City of Blue Island.
(133) If the ordinance was adopted on December 23, 1993
by the City of Lacon.
(134) If the ordinance was adopted on May 4, 1998 by
the Village of Bradford.
(135) If the ordinance was adopted on June 11, 2002 by
the City of Oak Forest.
(136) If the ordinance was adopted on November 16, 1992
by the City of Pinckneyville.
(137) If the ordinance was adopted on March 1, 2001 by
the Village of South Jacksonville.
(138) If the ordinance was adopted on February 26, 1992
by the City of Chicago to create the Stockyards Southeast
Quadrant TIF District.
(139) If the ordinance was adopted on January 25, 1993
by the City of LaSalle.
(140) If the ordinance was adopted on December 23, 1997
by the Village of Dieterich.
(141) If the ordinance was adopted on February 10, 2016
by the Village of Rosemont to create the Balmoral/Pearl TIF
No. 8 Tax Increment Financing Redevelopment Project Area.
(142) (132) If the ordinance was adopted on June 11,
2002 by the City of Oak Forest.
(d) For redevelopment project areas for which bonds were
issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may be extended by municipal ordinance to
December 31, 2013. The termination procedures of subsection (b)
of Section 11-74.4-8 are not required for these redevelopment
project areas in 2009 but are required in 2013. The extension
allowed by Public Act 87-1272 shall not apply to real property
tax increment allocation financing under Section 11-74.4-8.
(e) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were adopted on or after December 16, 1986 and for
which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment project
area, before the adoption of the ordinance.
(f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were established on or after December 1, 1981 but
before January 1, 1982 and for which at least $1,500,000 worth
of tax increment revenue bonds were authorized on or after
September 30, 1990 but before July 1, 1991; provided that the
municipality elects to extend the life of the redevelopment
project area to 35 years by the adoption of an ordinance after
at least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint review
board for the redevelopment project area, before the adoption
of the ordinance.
(f-5) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 47 years for redevelopment project
areas that were established on December 29, 1981 by the City of
Springfield; provided that (i) the City city of Springfield
adopts an ordinance extending the life of the redevelopment
project area to 47 years and (ii) the City of Springfield
provides notice to the taxing bodies that would otherwise
constitute the joint review board for the redevelopment project
area not more than 30 and not less than 14 days prior to the
adoption of that ordinance.
(g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the General Assembly to make any
substantive change in the law, except for the extension of the
completion dates for the City of Aurora, the Village of Milan,
the City of West Frankfort, the Village of Libertyville, and
the Village of Hoffman Estates set forth under items (67),
(68), (69), (70), and (71) of subsection (c) of this Section.
(Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13;
98-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff.
12-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893,
eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14;
98-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff.
1-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff.
8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff.
12-17-15; 99-508, eff. 6-24-16; 99-792, eff. 8-12-16; revised
9-22-16.)
(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
Sec. 11-74.4-6. (a) Except as provided herein, notice of
the public hearing shall be given by publication and mailing;
provided, however, that no notice by mailing shall be required
under this subsection (a) with respect to any redevelopment
project area located within a transit facility improvement area
established pursuant to Section 11-74.4-3.3. Notice by
publication shall be given by publication at least twice, the
first publication to be not more than 30 nor less than 10 days
prior to the hearing in a newspaper of general circulation
within the taxing districts having property in the proposed
redevelopment project area. Notice by mailing shall be given by
depositing such notice in the United States mails by certified
mail addressed to the person or persons in whose name the
general taxes for the last preceding year were paid on each
lot, block, tract, or parcel of land lying within the project
redevelopment area. Said notice shall be mailed not less than
10 days prior to the date set for the public hearing. In the
event taxes for the last preceding year were not paid, the
notice shall also be sent to the persons last listed on the tax
rolls within the preceding 3 years as the owners of such
property. For redevelopment project areas with redevelopment
plans or proposed redevelopment plans that would require
removal of 10 or more inhabited residential units or that
contain 75 or more inhabited residential units, the
municipality shall make a good faith effort to notify by mail
all residents of the redevelopment project area. At a minimum,
the municipality shall mail a notice to each residential
address located within the redevelopment project area. The
municipality shall endeavor to ensure that all such notices are
effectively communicated and shall include (in addition to
notice in English) notice in the predominant language other
than English when appropriate.
(b) The notices issued pursuant to this Section shall
include the following:
(1) The time and place of public hearing.
(2) The boundaries of the proposed redevelopment
project area by legal description and by street location
where possible.
(3) A notification that all interested persons will be
given an opportunity to be heard at the public hearing.
(4) A description of the redevelopment plan or
redevelopment project for the proposed redevelopment
project area if a plan or project is the subject matter of
the hearing.
(5) Such other matters as the municipality may deem
appropriate.
(c) Not less than 45 days prior to the date set for
hearing, the municipality shall give notice by mail as provided
in subsection (a) to all taxing districts of which taxable
property is included in the redevelopment project area, project
or plan and to the Department of Commerce and Economic
Opportunity, and in addition to the other requirements under
subsection (b) the notice shall include an invitation to the
Department of Commerce and Economic Opportunity and each taxing
district to submit comments to the municipality concerning the
subject matter of the hearing prior to the date of hearing.
(d) In the event that any municipality has by ordinance
adopted tax increment financing prior to 1987, and has complied
with the notice requirements of this Section, except that the
notice has not included the requirements of subsection (b),
paragraphs (2), (3) and (4), and within 90 days of December 16,
1991 (the effective date of Public Act 87-813) this amendatory
Act of 1991, that municipality passes an ordinance which
contains findings that: (1) all taxing districts prior to the
time of the hearing required by Section 11-74.4-5 were
furnished with copies of a map incorporated into the
redevelopment plan and project substantially showing the legal
boundaries of the redevelopment project area; (2) the
redevelopment plan and project, or a draft thereof, contained a
map substantially showing the legal boundaries of the
redevelopment project area and was available to the public at
the time of the hearing; and (3) since the adoption of any form
of tax increment financing authorized by this Act, and prior to
June 1, 1991, no objection or challenge has been made in
writing to the municipality in respect to the notices required
by this Section, then the municipality shall be deemed to have
met the notice requirements of this Act and all actions of the
municipality taken in connection with such notices as were
given are hereby validated and hereby declared to be legally
sufficient for all purposes of this Act.
(e) If a municipality desires to propose a redevelopment
plan for a redevelopment project area that would result in the
displacement of residents from 10 or more inhabited residential
units or for a redevelopment project area that contains 75 or
more inhabited residential units, the municipality shall hold a
public meeting before the mailing of the notices of public
hearing as provided in subsection (c) of this Section. However,
such a meeting shall be required for any redevelopment plan for
a redevelopment project area located within a transit facility
improvement area established pursuant to Section 11-74.4-3.3
if the applicable project is subject to the process for
evaluation of environmental effects under the National
Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. The
meeting shall be for the purpose of enabling the municipality
to advise the public, taxing districts having real property in
the redevelopment project area, taxpayers who own property in
the proposed redevelopment project area, and residents in the
area as to the municipality's possible intent to prepare a
redevelopment plan and designate a redevelopment project area
and to receive public comment. The time and place for the
meeting shall be set by the head of the municipality's
Department of Planning or other department official designated
by the mayor or city or village manager without the necessity
of a resolution or ordinance of the municipality and may be
held by a member of the staff of the Department of Planning of
the municipality or by any other person, body, or commission
designated by the corporate authorities. The meeting shall be
held at least 14 business days before the mailing of the notice
of public hearing provided for in subsection (c) of this
Section.
Notice of the public meeting shall be given by mail. Notice
by mail shall be not less than 15 days before the date of the
meeting and shall be sent by certified mail to all taxing
districts having real property in the proposed redevelopment
project area and to all entities requesting that information
that have registered with a person and department designated by
the municipality in accordance with registration guidelines
established by the municipality pursuant to Section
11-74.4-4.2. The municipality shall make a good faith effort to
notify all residents and the last known persons who paid
property taxes on real estate in a redevelopment project area.
This requirement shall be deemed to be satisfied if the
municipality mails, by regular mail, a notice to each
residential address and the person or persons in whose name
property taxes were paid on real property for the last
preceding year located within the redevelopment project area.
Notice shall be in languages other than English when
appropriate. The notices issued under this subsection shall
include the following:
(1) The time and place of the meeting.
(2) The boundaries of the area to be studied for
possible designation as a redevelopment project area by
street and location.
(3) The purpose or purposes of establishing a
redevelopment project area.
(4) A brief description of tax increment financing.
(5) The name, telephone number, and address of the
person who can be contacted for additional information
about the proposed redevelopment project area and who
should receive all comments and suggestions regarding the
development of the area to be studied.
(6) Notification that all interested persons will be
given an opportunity to be heard at the public meeting.
(7) Such other matters as the municipality deems
appropriate.
At the public meeting, any interested person or
representative of an affected taxing district may be heard
orally and may file, with the person conducting the meeting,
statements that pertain to the subject matter of the meeting.
(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)
(65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality
which has adopted tax increment allocation financing prior to
January 1, 1987, may by ordinance (1) authorize the Department
of Revenue, subject to appropriation, to annually certify and
cause to be paid from the Illinois Tax Increment Fund to such
municipality for deposit in the municipality's special tax
allocation fund an amount equal to the Net State Sales Tax
Increment and (2) authorize the Department of Revenue to
annually notify the municipality of the amount of the Municipal
Sales Tax Increment which shall be deposited by the
municipality in the municipality's special tax allocation
fund. Provided that for purposes of this Section no amendments
adding additional area to the redevelopment project area which
has been certified as the State Sales Tax Boundary shall be
taken into account if such amendments are adopted by the
municipality after January 1, 1987. If an amendment is adopted
which decreases the area of a State Sales Tax Boundary, the
municipality shall update the list required by subsection
(3)(a) of this Section. The Retailers' Occupation Tax
liability, Use Tax liability, Service Occupation Tax liability
and Service Use Tax liability for retailers and servicemen
located within the disconnected area shall be excluded from the
base from which tax increments are calculated and the revenue
from any such retailer or serviceman shall not be included in
calculating incremental revenue payable to the municipality. A
municipality adopting an ordinance under this subsection (1) of
this Section for a redevelopment project area which is
certified as a State Sales Tax Boundary shall not be entitled
to payments of State taxes authorized under subsection (2) of
this Section for the same redevelopment project area. Nothing
herein shall be construed to prevent a municipality from
receiving payment of State taxes authorized under subsection
(2) of this Section for a separate redevelopment project area
that does not overlap in any way with the State Sales Tax
Boundary receiving payments of State taxes pursuant to
subsection (1) of this Section.
A certified copy of such ordinance shall be submitted by
the municipality to the Department of Commerce and Economic
Opportunity and the Department of Revenue not later than 30
days after the effective date of the ordinance. Upon submission
of the ordinances, and the information required pursuant to
subsection 3 of this Section, the Department of Revenue shall
promptly determine the amount of such taxes paid under the
Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax
Act, the Service Occupation Tax Act, the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax Act
by retailers and servicemen on transactions at places located
in the redevelopment project area during the base year, and
shall certify all the foregoing "initial sales tax amounts" to
the municipality within 60 days of submission of the list
required of subsection (3)(a) of this Section.
If a retailer or serviceman with a place of business
located within a redevelopment project area also has one or
more other places of business within the municipality but
outside the redevelopment project area, the retailer or
serviceman shall, upon request of the Department of Revenue,
certify to the Department of Revenue the amount of taxes paid
pursuant to the Retailers' Occupation Tax Act, the Municipal
Retailers' Occupation Tax Act, the Service Occupation Tax Act
and the Municipal Service Occupation Tax Act at each place of
business which is located within the redevelopment project area
in the manner and for the periods of time requested by the
Department of Revenue.
When the municipality determines that a portion of an
increase in the aggregate amount of taxes paid by retailers and
servicemen under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, or the Service Occupation Tax Act is
the result of a retailer or serviceman initiating retail or
service operations in the redevelopment project area by such
retailer or serviceman with a resulting termination of retail
or service operations by such retailer or serviceman at another
location in Illinois in the standard metropolitan statistical
area of such municipality, the Department of Revenue shall be
notified that the retailers occupation tax liability, use tax
liability, service occupation tax liability, or service use tax
liability from such retailer's or serviceman's terminated
operation shall be included in the base Initial Sales Tax
Amounts from which the State Sales Tax Increment is calculated
for purposes of State payments to the affected municipality;
provided, however, for purposes of this paragraph
"termination" shall mean a closing of a retail or service
operation which is directly related to the opening of the same
retail or service operation in a redevelopment project area
which is included within a State Sales Tax Boundary, but it
shall not include retail or service operations closed for
reasons beyond the control of the retailer or serviceman, as
determined by the Department.
If the municipality makes the determination referred to in
the prior paragraph and notifies the Department and if the
relocation is from a location within the municipality, the
Department, at the request of the municipality, shall adjust
the certified aggregate amount of taxes that constitute the
Municipal Sales Tax Increment paid by retailers and servicemen
on transactions at places of business located within the State
Sales Tax Boundary during the base year using the same
procedures as are employed to make the adjustment referred to
in the prior paragraph. The adjusted Municipal Sales Tax
Increment calculated by the Department shall be sufficient to
satisfy the requirements of subsection (1) of this Section.
When a municipality which has adopted tax increment
allocation financing in 1986 determines that a portion of the
aggregate amount of taxes paid by retailers and servicemen
under the Retailers Occupation Tax Act, Use Tax Act, Service
Use Tax Act, or Service Occupation Tax Act, the Municipal
Retailers' Occupation Tax Act and the Municipal Service
Occupation Tax Act, includes revenue of a retailer or
serviceman which terminated retailer or service operations in
1986, prior to the adoption of tax increment allocation
financing, the Department of Revenue shall be notified by such
municipality that the retailers' occupation tax liability, use
tax liability, service occupation tax liability or service use
tax liability, from such retailer's or serviceman's terminated
operations shall be excluded from the Initial Sales Tax Amounts
for such taxes. The revenue from any such retailer or
serviceman which is excluded from the base year under this
paragraph, shall not be included in calculating incremental
revenues if such retailer or serviceman reestablishes such
business in the redevelopment project area.
For State fiscal year 1992, the Department of Revenue shall
budget, and the Illinois General Assembly shall appropriate
from the Illinois Tax Increment Fund in the State treasury, an
amount not to exceed $18,000,000 to pay to each eligible
municipality the Net State Sales Tax Increment to which such
municipality is entitled.
Beginning on January 1, 1993, each municipality's
proportional share of the Illinois Tax Increment Fund shall be
determined by adding the annual Net State Sales Tax Increment
and the annual Net Utility Tax Increment to determine the
Annual Total Increment. The ratio of the Annual Total Increment
of each municipality to the Annual Total Increment for all
municipalities, as most recently calculated by the Department,
shall determine the proportional shares of the Illinois Tax
Increment Fund to be distributed to each municipality.
Beginning in October, 1993, and each January, April, July
and October thereafter, the Department of Revenue shall certify
to the Treasurer and the Comptroller the amounts payable
quarter annually during the fiscal year to each municipality
under this Section. The Comptroller shall promptly then draw
warrants, ordering the State Treasurer to pay such amounts from
the Illinois Tax Increment Fund in the State treasury.
The Department of Revenue shall utilize the same periods
established for determining State Sales Tax Increment to
determine the Municipal Sales Tax Increment for the area within
a State Sales Tax Boundary and certify such amounts to such
municipal treasurer who shall transfer such amounts to the
special tax allocation fund.
The provisions of this subsection (1) do not apply to
additional municipal retailers' occupation or service
occupation taxes imposed by municipalities using their home
rule powers or imposed pursuant to Sections 8-11-1.3, 8-11-1.4
and 8-11-1.5 of this Act. A municipality shall not receive from
the State any share of the Illinois Tax Increment Fund unless
such municipality deposits all its Municipal Sales Tax
Increment and the local incremental real property tax revenues,
as provided herein, into the appropriate special tax allocation
fund. If, however, a municipality has extended the estimated
dates of completion of the redevelopment project and retirement
of obligations to finance redevelopment project costs by
municipal ordinance to December 31, 2013 under subsection (n)
of Section 11-74.4-3, then that municipality shall continue to
receive from the State a share of the Illinois Tax Increment
Fund so long as the municipality deposits, from any funds
available, excluding funds in the special tax allocation fund,
an amount equal to the municipal share of the real property tax
increment revenues into the special tax allocation fund during
the extension period. The amount to be deposited by the
municipality in each of the tax years affected by the extension
to December 31, 2013 shall be equal to the municipal share of
the property tax increment deposited into the special tax
allocation fund by the municipality for the most recent year
that the property tax increment was distributed. A municipality
located within an economic development project area created
under the County Economic Development Project Area Property Tax
Allocation Act which has abated any portion of its property
taxes which otherwise would have been deposited in its special
tax allocation fund shall not receive from the State the Net
Sales Tax Increment.
(2) A municipality which has adopted tax increment
allocation financing with regard to an industrial park or
industrial park conservation area, prior to January 1, 1988,
may by ordinance authorize the Department of Revenue to
annually certify and pay from the Illinois Tax Increment Fund
to such municipality for deposit in the municipality's special
tax allocation fund an amount equal to the Net State Utility
Tax Increment. Provided that for purposes of this Section no
amendments adding additional area to the redevelopment project
area shall be taken into account if such amendments are adopted
by the municipality after January 1, 1988. Municipalities
adopting an ordinance under this subsection (2) of this Section
for a redevelopment project area shall not be entitled to
payment of State taxes authorized under subsection (1) of this
Section for the same redevelopment project area which is within
a State Sales Tax Boundary. Nothing herein shall be construed
to prevent a municipality from receiving payment of State taxes
authorized under subsection (1) of this Section for a separate
redevelopment project area within a State Sales Tax Boundary
that does not overlap in any way with the redevelopment project
area receiving payments of State taxes pursuant to subsection
(2) of this Section.
A certified copy of such ordinance shall be submitted to
the Department of Commerce and Economic Opportunity and the
Department of Revenue not later than 30 days after the
effective date of the ordinance.
When a municipality determines that a portion of an
increase in the aggregate amount of taxes paid by industrial or
commercial facilities under the Public Utilities Act, is the
result of an industrial or commercial facility initiating
operations in the redevelopment project area with a resulting
termination of such operations by such industrial or commercial
facility at another location in Illinois, the Department of
Revenue shall be notified by such municipality that such
industrial or commercial facility's liability under the Public
Utility Tax Act shall be included in the base from which tax
increments are calculated for purposes of State payments to the
affected municipality.
After receipt of the calculations by the public utility as
required by subsection (4) of this Section, the Department of
Revenue shall annually budget and the Illinois General Assembly
shall annually appropriate from the General Revenue Fund
through State Fiscal Year 1989, and thereafter from the
Illinois Tax Increment Fund, an amount sufficient to pay to
each eligible municipality the amount of incremental revenue
attributable to State electric and gas taxes as reflected by
the charges imposed on persons in the project area to which
such municipality is entitled by comparing the preceding
calendar year with the base year as determined by this Section.
Beginning on January 1, 1993, each municipality's proportional
share of the Illinois Tax Increment Fund shall be determined by
adding the annual Net State Utility Tax Increment and the
annual Net Utility Tax Increment to determine the Annual Total
Increment. The ratio of the Annual Total Increment of each
municipality to the Annual Total Increment for all
municipalities, as most recently calculated by the Department,
shall determine the proportional shares of the Illinois Tax
Increment Fund to be distributed to each municipality.
A municipality shall not receive any share of the Illinois
Tax Increment Fund from the State unless such municipality
imposes the maximum municipal charges authorized pursuant to
Section 9-221 of the Public Utilities Act and deposits all
municipal utility tax incremental revenues as certified by the
public utilities, and all local real estate tax increments into
such municipality's special tax allocation fund.
(3) Within 30 days after the adoption of the ordinance
required by either subsection (1) or subsection (2) of this
Section, the municipality shall transmit to the Department of
Commerce and Economic Opportunity and the Department of Revenue
the following:
(a) if applicable, a certified copy of the ordinance
required by subsection (1) accompanied by a complete list
of street names and the range of street numbers of each
street located within the redevelopment project area for
which payments are to be made under this Section in both
the base year and in the year preceding the payment year;
and the addresses of persons registered with the Department
of Revenue; and, the name under which each such retailer or
serviceman conducts business at that address, if different
from the corporate name; and the Illinois Business Tax
Number of each such person (The municipality shall update
this list in the event of a revision of the redevelopment
project area, or the opening or closing or name change of
any street or part thereof in the redevelopment project
area, or if the Department of Revenue informs the
municipality of an addition or deletion pursuant to the
monthly updates given by the Department.);
(b) if applicable, a certified copy of the ordinance
required by subsection (2) accompanied by a complete list
of street names and range of street numbers of each street
located within the redevelopment project area, the utility
customers in the project area, and the utilities serving
the redevelopment project areas;
(c) certified copies of the ordinances approving the
redevelopment plan and designating the redevelopment
project area;
(d) a copy of the redevelopment plan as approved by the
municipality;
(e) an opinion of legal counsel that the municipality
had complied with the requirements of this Act; and
(f) a certification by the chief executive officer of
the municipality that with regard to a redevelopment
project area: (1) the municipality has committed all of the
municipal tax increment created pursuant to this Act for
deposit in the special tax allocation fund, (2) the
redevelopment projects described in the redevelopment plan
would not be completed without the use of State incremental
revenues pursuant to this Act, (3) the municipality will
pursue the implementation of the redevelopment plan in an
expeditious manner, (4) the incremental revenues created
pursuant to this Section will be exclusively utilized for
the development of the redevelopment project area, and (5)
the increased revenue created pursuant to this Section
shall be used exclusively to pay redevelopment project
costs as defined in this Act.
(4) The Department of Revenue upon receipt of the
information set forth in paragraph (b) of subsection (3) shall
immediately forward such information to each public utility
furnishing natural gas or electricity to buildings within the
redevelopment project area. Upon receipt of such information,
each public utility shall promptly:
(a) provide to the Department of Revenue and the
municipality separate lists of the names and addresses of
persons within the redevelopment project area receiving
natural gas or electricity from such public utility. Such
list shall be updated as necessary by the public utility.
Each month thereafter the public utility shall furnish the
Department of Revenue and the municipality with an itemized
listing of charges imposed pursuant to Sections 9-221 and
9-222 of the Public Utilities Act on persons within the
redevelopment project area.
(b) determine the amount of charges imposed pursuant to
Sections 9-221 and 9-222 of the Public Utilities Act on
persons in the redevelopment project area during the base
year, both as a result of municipal taxes on electricity
and gas and as a result of State taxes on electricity and
gas and certify such amounts both to the municipality and
the Department of Revenue; and
(c) determine the amount of charges imposed pursuant to
Sections 9-221 and 9-222 of the Public Utilities Act on
persons in the redevelopment project area on a monthly
basis during the base year, both as a result of State and
municipal taxes on electricity and gas and certify such
separate amounts both to the municipality and the
Department of Revenue.
After the determinations are made in paragraphs (b) and
(c), the public utility shall monthly during the existence of
the redevelopment project area notify the Department of Revenue
and the municipality of any increase in charges over the base
year determinations made pursuant to paragraphs (b) and (c).
(5) The payments authorized under this Section shall be
deposited by the municipal treasurer in the special tax
allocation fund of the municipality, which for accounting
purposes shall identify the sources of each payment as:
municipal receipts from the State retailers occupation,
service occupation, use and service use taxes; and municipal
public utility taxes charged to customers under the Public
Utilities Act and State public utility taxes charged to
customers under the Public Utilities Act.
(6) Before the effective date of this amendatory Act of the
91st General Assembly, any municipality receiving payments
authorized under this Section for any redevelopment project
area or area within a State Sales Tax Boundary within the
municipality shall submit to the Department of Revenue and to
the taxing districts which are sent the notice required by
Section 6 of this Act annually within 180 days after the close
of each municipal fiscal year the following information for the
immediately preceding fiscal year:
(a) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax
Boundary.
(b) Audited financial statements of the special tax
allocation fund.
(c) Certification of the Chief Executive Officer of the
municipality that the municipality has complied with all of
the requirements of this Act during the preceding fiscal
year.
(d) An opinion of legal counsel that the municipality
is in compliance with this Act.
(e) An analysis of the special tax allocation fund
which sets forth:
(1) the balance in the special tax allocation fund
at the beginning of the fiscal year;
(2) all amounts deposited in the special tax
allocation fund by source;
(3) all expenditures from the special tax
allocation fund by category of permissible
redevelopment project cost; and
(4) the balance in the special tax allocation fund
at the end of the fiscal year including a breakdown of
that balance by source. Such ending balance shall be
designated as surplus if it is not required for
anticipated redevelopment project costs or to pay debt
service on bonds issued to finance redevelopment
project costs, as set forth in Section 11-74.4-7
hereof.
(f) A description of all property purchased by the
municipality within the redevelopment project area
including:
1. Street address
2. Approximate size or description of property
3. Purchase price
4. Seller of property.
(g) A statement setting forth all activities
undertaken in furtherance of the objectives of the
redevelopment plan, including:
1. Any project implemented in the preceding fiscal
year
2. A description of the redevelopment activities
undertaken
3. A description of any agreements entered into by
the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area or the area within the State Sales Tax
Boundary.
(h) With regard to any obligations issued by the
municipality:
1. copies of bond ordinances or resolutions
2. copies of any official statements
3. an analysis prepared by financial advisor or
underwriter setting forth: (a) nature and term of
obligation; and (b) projected debt service including
required reserves and debt coverage.
(i) A certified audit report reviewing compliance with
this statute performed by an independent public accountant
certified and licensed by the authority of the State of
Illinois. The financial portion of the audit must be
conducted in accordance with Standards for Audits of
Governmental Organizations, Programs, Activities, and
Functions adopted by the Comptroller General of the United
States (1981), as amended. The audit report shall contain a
letter from the independent certified public accountant
indicating compliance or noncompliance with the
requirements of subsection (q) of Section 11-74.4-3. If the
audit indicates that expenditures are not in compliance
with the law, the Department of Revenue shall withhold
State sales and utility tax increment payments to the
municipality until compliance has been reached, and an
amount equal to the ineligible expenditures has been
returned to the Special Tax Allocation Fund.
(6.1) After July 29, 1988 and before the effective date of
this amendatory Act of the 91st General Assembly, any funds
which have not been designated for use in a specific
development project in the annual report shall be designated as
surplus. No funds may be held in the Special Tax Allocation
Fund for more than 36 months from the date of receipt unless
the money is required for payment of contractual obligations
for specific development project costs. If held for more than
36 months in violation of the preceding sentence, such funds
shall be designated as surplus. Any funds designated as surplus
must first be used for early redemption of any bond
obligations. Any funds designated as surplus which are not
disposed of as otherwise provided in this paragraph, shall be
distributed as surplus as provided in Section 11-74.4-7.
(7) Any appropriation made pursuant to this Section for the
1987 State fiscal year shall not exceed the amount of $7
million and for the 1988 State fiscal year the amount of $10
million. The amount which shall be distributed to each
municipality shall be the incremental revenue to which each
municipality is entitled as calculated by the Department of
Revenue, unless the requests of the municipality exceed the
appropriation, then the amount to which each municipality shall
be entitled shall be prorated among the municipalities in the
same proportion as the increment to which the municipality
would be entitled bears to the total increment which all
municipalities would receive in the absence of this limitation,
provided that no municipality may receive an amount in excess
of 15% of the appropriation. For the 1987 Net State Sales Tax
Increment payable in Fiscal Year 1989, no municipality shall
receive more than 7.5% of the total appropriation; provided,
however, that any of the appropriation remaining after such
distribution shall be prorated among municipalities on the
basis of their pro rata share of the total increment. Beginning
on January 1, 1993, each municipality's proportional share of
the Illinois Tax Increment Fund shall be determined by adding
the annual Net State Sales Tax Increment and the annual Net
Utility Tax Increment to determine the Annual Total Increment.
The ratio of the Annual Total Increment of each municipality to
the Annual Total Increment for all municipalities, as most
recently calculated by the Department, shall determine the
proportional shares of the Illinois Tax Increment Fund to be
distributed to each municipality.
(7.1) No distribution of Net State Sales Tax Increment to a
municipality for an area within a State Sales Tax Boundary
shall exceed in any State Fiscal Year an amount equal to 3
times the sum of the Municipal Sales Tax Increment, the real
property tax increment and deposits of funds from other
sources, excluding state and federal funds, as certified by the
city treasurer to the Department of Revenue for an area within
a State Sales Tax Boundary. After July 29, 1988, for those
municipalities which issue bonds between June 1, 1988 and 3
years from July 29, 1988 to finance redevelopment projects
within the area in a State Sales Tax Boundary, the distribution
of Net State Sales Tax Increment during the 16th through 20th
years from the date of issuance of the bonds shall not exceed
in any State Fiscal Year an amount equal to 2 times the sum of
the Municipal Sales Tax Increment, the real property tax
increment and deposits of funds from other sources, excluding
State and federal funds.
(8) Any person who knowingly files or causes to be filed
false information for the purpose of increasing the amount of
any State tax incremental revenue commits a Class A
misdemeanor.
(9) The following procedures shall be followed to determine
whether municipalities have complied with the Act for the
purpose of receiving distributions after July 1, 1989 pursuant
to subsection (1) of this Section 11-74.4-8a.
(a) The Department of Revenue shall conduct a
preliminary review of the redevelopment project areas and
redevelopment plans pertaining to those municipalities
receiving payments from the State pursuant to subsection
(1) of Section 8a of this Act for the purpose of
determining compliance with the following standards:
(1) For any municipality with a population of more
than 12,000 as determined by the 1980 U.S. Census: (a)
the redevelopment project area, or in the case of a
municipality which has more than one redevelopment
project area, each such area, must be contiguous and
the total of all such areas shall not comprise more
than 25% of the area within the municipal boundaries
nor more than 20% of the equalized assessed value of
the municipality; (b) the aggregate amount of 1985
taxes in the redevelopment project area, or in the case
of a municipality which has more than one redevelopment
project area, the total of all such areas, shall be not
more than 25% of the total base year taxes paid by
retailers and servicemen on transactions at places of
business located within the municipality under the
Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, and the Service Occupation Tax
Act. Redevelopment project areas created prior to 1986
are not subject to the above standards if their
boundaries were not amended in 1986.
(2) For any municipality with a population of
12,000 or less as determined by the 1980 U.S. Census:
(a) the redevelopment project area, or in the case of a
municipality which has more than one redevelopment
project area, each such area, must be contiguous and
the total of all such areas shall not comprise more
than 35% of the area within the municipal boundaries
nor more than 30% of the equalized assessed value of
the municipality; (b) the aggregate amount of 1985
taxes in the redevelopment project area, or in the case
of a municipality which has more than one redevelopment
project area, the total of all such areas, shall not be
more than 35% of the total base year taxes paid by
retailers and servicemen on transactions at places of
business located within the municipality under the
Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, and the Service Occupation Tax
Act. Redevelopment project areas created prior to 1986
are not subject to the above standards if their
boundaries were not amended in 1986.
(3) Such preliminary review of the redevelopment
project areas applying the above standards shall be
completed by November 1, 1988, and on or before
November 1, 1988, the Department shall notify each
municipality by certified mail, return receipt
requested that either (1) the Department requires
additional time in which to complete its preliminary
review; or (2) the Department is issuing either (a) a
Certificate of Eligibility or (b) a Notice of Review.
If the Department notifies a municipality that it
requires additional time to complete its preliminary
investigation, it shall complete its preliminary
investigation no later than February 1, 1989, and by
February 1, 1989 shall issue to each municipality
either (a) a Certificate of Eligibility or (b) a Notice
of Review. A redevelopment project area for which a
Certificate of Eligibility has been issued shall be
deemed a "State Sales Tax Boundary."
(4) The Department of Revenue shall also issue a
Notice of Review if the Department has received a
request by November 1, 1988 to conduct such a review
from taxpayers in the municipality, local taxing
districts located in the municipality or the State of
Illinois, or if the redevelopment project area has more
than 5 retailers and has had growth in State sales tax
revenue of more than 15% from calendar year 1985 to
1986.
(b) For those municipalities receiving a Notice of
Review, the Department will conduct a secondary review
consisting of: (i) application of the above standards
contained in subsection (9)(a)(1)(a) and (b) or
(9)(a)(2)(a) and (b), and (ii) the definitions of blighted
and conservation area provided for in Section 11-74.4-3.
Such secondary review shall be completed by July 1, 1989.
Upon completion of the secondary review, the
Department will issue (a) a Certificate of Eligibility or
(b) a Preliminary Notice of Deficiency. Any municipality
receiving a Preliminary Notice of Deficiency may amend its
redevelopment project area to meet the standards and
definitions set forth in this paragraph (b). This amended
redevelopment project area shall become the "State Sales
Tax Boundary" for purposes of determining the State Sales
Tax Increment.
(c) If the municipality advises the Department of its
intent to comply with the requirements of paragraph (b) of
this subsection outlined in the Preliminary Notice of
Deficiency, within 120 days of receiving such notice from
the Department, the municipality shall submit
documentation to the Department of the actions it has taken
to cure any deficiencies. Thereafter, within 30 days of the
receipt of the documentation, the Department shall either
issue a Certificate of Eligibility or a Final Notice of
Deficiency. If the municipality fails to advise the
Department of its intent to comply or fails to submit
adequate documentation of such cure of deficiencies the
Department shall issue a Final Notice of Deficiency that
provides that the municipality is ineligible for payment of
the Net State Sales Tax Increment.
(d) If the Department issues a final determination of
ineligibility, the municipality shall have 30 days from the
receipt of determination to protest and request a hearing.
Such hearing shall be conducted in accordance with Sections
10-25, 10-35, 10-40, and 10-50 of the Illinois
Administrative Procedure Act. The decision following the
hearing shall be subject to review under the Administrative
Review Law.
(e) Any Certificate of Eligibility issued pursuant to
this subsection 9 shall be binding only on the State for
the purposes of establishing municipal eligibility to
receive revenue pursuant to subsection (1) of this Section
11-74.4-8a.
(f) It is the intent of this subsection that the
periods of time to cure deficiencies shall be in addition
to all other periods of time permitted by this Section,
regardless of the date by which plans were originally
required to be adopted. To cure said deficiencies, however,
the municipality shall be required to follow the procedures
and requirements pertaining to amendments, as provided in
Sections 11-74.4-5 and 11-74.4-6 of this Act.
(10) If a municipality adopts a State Sales Tax Boundary in
accordance with the provisions of subsection (9) of this
Section, such boundaries shall subsequently be utilized to
determine Revised Initial Sales Tax Amounts and the Net State
Sales Tax Increment; provided, however, that such revised State
Sales Tax Boundary shall not have any effect upon the boundary
of the redevelopment project area established for the purposes
of determining the ad valorem taxes on real property pursuant
to Sections 11-74.4-7 and 11-74.4-8 of this Act nor upon the
municipality's authority to implement the redevelopment plan
for that redevelopment project area. For any redevelopment
project area with a smaller State Sales Tax Boundary within its
area, the municipality may annually elect to deposit the
Municipal Sales Tax Increment for the redevelopment project
area in the special tax allocation fund and shall certify the
amount to the Department prior to receipt of the Net State
Sales Tax Increment. Any municipality required by subsection
(9) to establish a State Sales Tax Boundary for one or more of
its redevelopment project areas shall submit all necessary
information required by the Department concerning such
boundary and the retailers therein, by October 1, 1989, after
complying with the procedures for amendment set forth in
Sections 11-74.4-5 and 11-74.4-6 of this Act. Net State Sales
Tax Increment produced within the State Sales Tax Boundary
shall be spent only within that area. However expenditures of
all municipal property tax increment and municipal sales tax
increment in a redevelopment project area are not required to
be spent within the smaller State Sales Tax Boundary within
such redevelopment project area.
(11) The Department of Revenue shall have the authority to
issue rules and regulations for purposes of this Section. and
regulations for purposes of this Section.
(12) If, under Section 5.4.1 of the Illinois Enterprise
Zone Act, a municipality determines that property that lies
within a State Sales Tax Boundary has an improvement,
rehabilitation, or renovation that is entitled to a property
tax abatement, then that property along with any improvements,
rehabilitation, or renovations shall be immediately removed
from any State Sales Tax Boundary. The municipality that made
the determination shall notify the Department of Revenue within
30 days after the determination. Once a property is removed
from the State Sales Tax Boundary because of the existence of a
property tax abatement resulting from an enterprise zone, then
that property shall not be permitted to be amended into a State
Sales Tax Boundary.
(Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)
(65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
Sec. 11-102-2. Every municipality specified in Section
11-102-1 may purchase, construct, reconstruct, expand and
improve landing fields, landing strips, landing floats,
hangars hangers, terminal buildings and other structures
relating thereto and may provide terminal facilities for public
airports; may construct, reconstruct and improve causeways,
roadways, and bridges for approaches to or connections with the
landing fields, landing strips and landing floats; and may
construct and maintain breakwaters for the protection of such
airports with a water front. Before any work of construction is
commenced in, over or upon any public waters of the state, the
plans and specifications therefor shall be submitted to and
approved by the Department of Transportation of the state.
Submission to and approval by the Department of Transportation
is not required for any work or construction undertaken as part
of the O'Hare Modernization Program as defined in Section 10 of
the O'Hare Modernization Act.
(Source: P.A. 93-450, eff. 8-6-03; revised 10-26-16.)
Section 285. The Fire Protection District Act is amended by
renumbering Section 11l as follows:
(70 ILCS 705/11m)
Sec. 11m 11l. Enforcement of the Fire Investigation Act.
(a) The fire chief has the authority to enforce the
provisions of any rules adopted by the State Fire Marshal under
the provisions of the Fire Investigation Act or to carry out
the duties imposed on local officers under Section 9 of the
Fire Investigation Act as provided in this Section.
(b) In the event that a fire chief determines that a
dangerous condition or fire hazard is found to exist contrary
to the rules referred to in Section 9 of the Fire Investigation
Act, or if a dangerous condition or fire hazard is found to
exist as specified in the first paragraph of Section 9 of the
Fire Investigation Act, the fire chief shall order the
dangerous condition or fire hazard removed or remedied and
shall so notify the owner, occupant, or other interested person
in the premises. Service of the notice upon the owner,
occupant, or other interested person may be made in person or
by registered or certified mail. If the owner, occupant, or
other interested person cannot be located by the fire chief,
the fire chief may post the order upon the premises where the
dangerous condition or fire hazard exists.
(c) In the event that a fire chief determines that the
dangerous condition or fire hazard which has been found to
exist places persons occupying or present in the premises at
risk of imminent bodily injury or serious harm, the fire chief
may, as part of the order issued under subsection (b), order
that the premises where such condition or fire hazard exists be
immediately vacated and not be occupied until the fire chief
inspects the premises and issues a notice that the dangerous
condition or fire hazard is no longer present and that the
premises may be occupied. An order under this subsection (c)
shall be effective immediately and notice of the order may be
given by the fire chief by posting the order at premises where
the dangerous condition or fire hazard exists.
(d) In the event an owner, occupant, or other interested
person fails to comply with an order issued by a fire chief
under subsections (b) or (c), the fire chief may refer the
order to the State's Attorney. The State's Attorney may apply
to the circuit court for enforcement of the order of the fire
chief, as issued by the fire chief or as modified by the
circuit court, under the provisions of Article XI of the Code
of Civil Procedure by temporary restraining order, preliminary
injunction or permanent injunction, provided, however, that no
bond shall be required by the court under Section 11-103 of the
Code of Civil Procedure and no damages may be assessed by the
court under Section 11-110 of the Code of Civil Procedure.
(e) The provisions of this Section are supplementary to the
provisions of the Fire Investigation Act and do not limit the
authority of any fire chief or other local officers charged
with the responsibility of investigating fires under Section 9
of the Fire Investigation Act or any other law or limit the
authority of the State Fire Marshal under the Fire
Investigation Act or any other law.
(Source: P.A. 99-811, eff. 8-15-16; revised 10-19-16.)
Section 290. The Park District Code is amended by changing
Section 9-2c as follows:
(70 ILCS 1205/9-2c) (from Ch. 105, par. 9-2c)
Sec. 9-2c. Whenever the proposition is submitted to the
voters of any park district to levy a tax for the purpose of
acquiring, constructing, maintaining, and operating airports
and landing fields for aircraft as provided in Section 9-2b,
and a majority of the votes cast upon the proposition is in
favor of the levy of such tax, the board of any such park
district may provide that bonds of such park district be issued
for the purpose of acquiring and constructing airports and
landing fields for aircraft, or for the purpose of improving
and extending such facilities when constructed. The bonds shall
be authorized by ordinance of the board, shall mature serially
in not to exceed 20 years from their date, and bear such rate
of interest as the board may determine, not, however, to exceed
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
semi-annually, and shall be sold by the board as it may
determine but for not less than the par value thereof and
accrued interest. The bonds shall be signed by the president
(or such official as the board may designate) and secretary and
countersigned by the treasurer with the corporate seal of the
district affixed. The bonds shall be authorized by the board of
the district by ordinance which shall fix all the details of
the bonds and provide for a levy of a tax sufficient to pay the
principal of and interest on the bonds as they mature. A
certified copy of the ordinance shall be filed in the office of
the clerk of the county wherein the park district is situated,
and the county clerk shall extend a tax sufficient to pay the
principal of and interest on the bonds as they mature without
limitation as to rate or amount, and the county clerk shall
reduce the tax rate levied by the district pursuant to Section
9-2b by the amount of the rate extended for payment of
principal and interest of the bonds. The clerk shall extend the
tax as provided in Section 6-6. If the rate necessary to be
extended for the payment of principal and interest of the bonds
exceeds the rate authorized to be levied by the district,
pursuant to Section 9-2b, then the rate of tax for the payment
of bonds and interest only shall be extended. Where the
district is situated in more than one county the tax shall be
certified, apportioned and levied as provided in Section 5-4.
Notwithstanding the foregoing, after July 28, 1969, any park
district may issue bonds under this Section for the purpose of
maintaining, improving or replacing its existing airport
facilities or landing fields to the extent required to conform
to the standards of the Department of Transportation or of any
appropriate federal agency relating to a State or of federal
airports plan or airways system. If such bonds are issued the
tax levied for the payment of principal and interest of the
bonds as they mature shall be in addition to that levied by the
district under Section 9-2b and the county clerk shall extend
both taxes accordingly. The aggregate principal amount of bonds
issued under this Section that may be outstanding at any time
may not exceed 1/2 of 1% of the aggregate valuation of all
taxable property within the district, as equalized or assessed
by the Department of Revenue. No bond ordinance may take effect
nor may bonds be issued thereunder if the amount of bonds taken
with the outstanding principal indebtedness under this Section
exceeds the 1/2 of 1% limit unless the question of whether such
additional bonds shall be issued is submitted to the legal
voters of the district, in the manner provided by Section 6-4,
and a majority of those voting on the proposition vote in favor
thereof. In no event may the principal aggregate amount of any
bonds issued under such ordinance exceed, together with the
principal amount of bonds previously issued under this Section
and then outstanding, 1 1/4% of the aggregate valuation of all
taxable property within the district, as equalized or assessed
by the Department of Revenue.
Bonds issued under this Section are not a part of the
existing indebtedness of a park district for purposes of
Article 6 of this Code.
With respect to instruments for the payment of money issued
under this Section either before, on, or after June 6, 1989
(the effective date of Public Act 86-4) this amendatory Act of
1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have
been supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the supplementary
authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-494; revised 10-26-16.)
Section 295. The Chicago Park District Act is amended by
changing Section 26.10-8 as follows:
(70 ILCS 1505/26.10-8)
Sec. 26.10-8. Procedures for design-build selection.
(a) The Chicago Park District must use a two-phase
procedure for the selection of the successful design-build
entity. Phase I of the procedure will evaluate and shortlist
the design-build entities based on qualifications, and Phase II
will evaluate the technical and cost proposals.
(b) The Chicago Park District shall include in the request
for proposal the evaluating factors to be used in Phase I.
These factors are in addition to any prequalification
requirements of design-build entities that the Chicago Park
District has set forth. Each request for proposal shall
establish the relative importance assigned to each evaluation
factor and subfactor, including any weighting of criteria to be
employed by the Chicago Park District. The Chicago Park
District must maintain a record of the evaluation scoring to be
disclosed in event of a protest regarding the solicitation.
The Chicago Park District shall include the following
criteria in every Phase I evaluation of design-build entities:
(1) experience of personnel; (2) successful experience with
similar project types; (3) financial capability; (4)
timeliness of past performance; (5) experience with similarly
sized projects; (6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration of the
project and qualifications of the entity's consultants; and (8)
ability or past performance in meeting or exhausting good faith
efforts to meet the utilization goals for minority and women
business enterprises established by the corporate authorities
of the Chicago Park District and in complying with Section
2-105 of the Illinois Human Rights Act. The Chicago Park
District may include any additional relevant criteria in Phase
I that it deems necessary for a proper qualification review.
The Chicago Park District may include any additional relevant
criteria in Phase I that it deems necessary for a proper
qualification review.
The Chicago Park District may not consider any design-build
entity for evaluation or award if the entity has any pecuniary
interest in the project or has other relationships or
circumstances, including but not limited to, long-term
leasehold, mutual performance, or development contracts with
the Chicago Park District, that may give the design-build
entity a financial or tangible advantage over other
design-build entities in the preparation, evaluation, or
performance of the design-build contract or that create the
appearance of impropriety. No design-build proposal shall be
considered that does not include an entity's plan to comply
with the requirements established in the minority and women
business enterprises and economically disadvantaged firms
established by the corporate authorities of the Chicago Park
District and with Section 2-105 of the Illinois Human Rights
Act.
Upon completion of the qualifications evaluation, the
Chicago Park District shall create a shortlist of the most
highly qualified design-build entities. The Chicago Park
District, in its discretion, is not required to shortlist the
maximum number of entities as identified for Phase II
evaluation, provided however, no less than 2 design-build
entities nor more than 6 are selected to submit Phase II
proposals.
The Chicago Park District shall notify the entities
selected for the shortlist in writing. This notification shall
commence the period for the preparation of the Phase II
technical and cost evaluations. The Chicago Park District must
allow sufficient time for the shortlist entities to prepare
their Phase II submittals considering the scope and detail
requested by the Chicago Park District.
(c) The Chicago Park District shall include in the request
for proposal the evaluating factors to be used in the technical
and cost submission components of Phase II. Each request for
proposal shall establish, for both the technical and cost
submission components of Phase II, the relative importance
assigned to each evaluation factor and subfactor, including any
weighting of criteria to be employed by the Chicago Park
District. The Chicago Park District must maintain a record of
the evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The Chicago Park District shall include the following
criteria in every Phase II technical evaluation of design-build
entities: (1) compliance with objectives of the project; (2)
compliance of proposed services to the request for proposal
requirements; (3) quality of products or materials proposed;
(4) quality of design parameters; (5) design concepts; (6)
innovation in meeting the scope and performance criteria; and
(7) constructability of the proposed project. The Chicago Park
District may include any additional relevant technical
evaluation factors it deems necessary for proper selection.
The Chicago Park District shall include the following
criteria in every Phase II cost evaluation: the guaranteed
maximum project cost and the time of completion. The Chicago
Park District may include any additional relevant technical
evaluation factors it deems necessary for proper selection. The
guaranteed maximum project cost criteria weighing factor shall
not exceed 30%.
The Chicago Park District shall directly employ or retain a
licensed design professional or landscape architect design
professional, as appropriate, to evaluate the technical and
cost submissions to determine if the technical submissions are
in accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost
submissions evaluation, the Chicago Park District may award the
design-build contract to the highest overall ranked entity.
(Source: P.A. 96-777, eff. 8-28-09; revised 9-21-16.)
Section 300. The Sanitary District Act of 1907 is amended
by changing Sections 14.4 and 24 as follows:
(70 ILCS 2205/14.4) (from Ch. 42, par. 260.4)
Sec. 14.4. The board of trustees of any sanitary district
organized under this Act may require that, before any person or
municipal corporation connects to the sewage system of the
district, the district be permitted to inspect the drainage
lines of the person or municipal corporation to determine
whether they are adequate and suitable for connection to its
sewage system. In addition to the other charges provided for in
this Act, the sanitary district may collect a reasonable charge
for this inspection service. Funds collected as inspection
charges shall be used by the sanitary district for its general
corporate purposes after payment of the costs of making the
inspections.
(Source: Laws 1967, p. 3287; revised 9-21-16.)
(70 ILCS 2205/24) (from Ch. 42, par. 270)
Sec. 24. In case any sanitary district organized hereunder,
shall include within its limits, in whole or in part, any
drainage district or districts organized under the laws of this
state having levees, drains or ditches which are conducive to
sanitary purposes, such drainage district or districts shall
have paid and reimbursed re-imbursed to it or them, upon such
terms as may be agreed upon by its or their corporate
authorities and the board of trustees of said sanitary
district, the reasonable cost or value of such levee, drains or
ditches, which valuation shall in no case be fixed at less than
any unpaid indebtedness incurred by such district or districts
in contracting the same. Upon such payment being made, the
sanitary district shall have the right to appropriate and use
such levees, drains or ditches, or any part thereof, as it may
desire, for or in connection with any improvements authorized
by this act, and for or in connection with the purposes for
which said sanitary district is organized; Provided, no such
levee, drain or ditch shall be destroyed, removed or otherwise
so used as to impair its usefulness for the purposes for which
the same was constructed, without the consent of the corporate
authorities of such drainage district. In case the board of
trustees of said sanitary district and the corporate
authorities of any such drainage district shall be unable to
agree upon the compensation to be paid or reimbursed
re-imbursed to such drainage district, the same may be
ascertained and enforced by any proper proceeding in the
circuit court.
(Source: P.A. 79-1360; revised 9-21-16.)
Section 305. The North Shore Water Reclamation District Act
is amended by changing Section 8 as follows:
(70 ILCS 2305/8) (from Ch. 42, par. 284)
Sec. 8. Such sanitary district may acquire by purchase,
condemnation, or otherwise any and all real and personal
property, right of way and privilege, either within or without
its corporate limits that may be required for its corporate
purposes; and in case any district formed hereunder shall be
unable to agree with any other sanitary district upon the terms
under which it shall be permitted to use the drains, channels
or ditches of such other sanitary district, the right to use
the same may be required by condemnation in the circuit court
by proceedings in the manner, as near as may be, as is provided
in Section 4-17 of the "Illinois Drainage Code", approved June
29, 1955, as amended. The compensation to be paid for such use
may be a gross sum, or it may be in the form of an annual
rental, to be paid in yearly installments as and in the manner
provided by the judgment of the court wherein such proceedings
may be had. Provided, all moneys for the purchase and
condemnation of any property shall be paid before possession is
taken, or any work done on the premises damaged by the
construction of such channel or outlet, and in case of an
appeal from the Circuit Court taken by either party whereby the
amount of damages is not finally determined, then possession
may be taken, provided that the amount of judgment in such
court shall be deposited at some bank or savings and loan
association to be designated by the judge thereof subject to
the payment of such damages on orders signed by such judge,
whenever the amount of damages is finally determined; and when
no not longer required for such purposes, to sell, convey,
vacate and release the same.
(Source: P.A. 83-1362; revised 9-8-16.)
Section 310. The Sanitary District Act of 1936 is amended
by changing Sections 32a.5, 33, 37.1, 44, and 45 as follows:
(70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5)
Sec. 32a.5. Any contiguous territory located within the
boundaries of any sanitary district organized under this Act,
and upon the border of such district, may become disconnected
from such district in the manner provided in this Section. Ten
per cent or more of the legal voters resident in the territory
sought to be disconnected from such district, may petition the
circuit court for the county in which the original petition for
the organization of the district was filed, to cause the
question of such disconnection to be submitted to the legal
voters of such territory whether the territory shall be
disconnected. The petition shall be addressed to the court and
shall contain a definite description of the boundaries of such
territory and recite as a fact, that as of the date the
petition is filed there is no bonded indebtedness of the
sanitary district outstanding and that no special assessments
for local improvements were levied upon or assessed against any
of the lands within such territory or if so levied or assessed,
that all of such assessments have been fully paid and
discharged and that such territory is not, at the time of the
filing of such petition, and will not be, either benefited or
served by any work or improvements either then existing or then
authorized by the sanitary district. Upon filing such petition
in the office of the circuit clerk of the county in which the
original petition for the formation of such sanitary district
has been filed it is the duty of the court to consider the
boundaries of such territory and the facts upon which the
petition is founded. The court may alter the boundaries of such
territory and shall deny the prayer of the petition, if the
material allegations therein contained are not founded in fact.
The decision of the court is appealable as in other civil
cases.
Notice shall be given by the court of the time and place
when and where all persons interested will be heard
substantially as provided in and by Section 1 of this Act. The
conduct of the hearing on the question whether such territory
shall become disconnected shall be, as nearly as possible, in
accordance with Section 1 of this Act. ; The court shall certify
the question to the proper election officials who shall submit
the question at an election in accordance with the general
election law. The question shall be in substantially the
following form:
-------------------------------------------------------------
For disconnection from sanitary district.
-------------------------------------------------------------
Against disconnection from sanitary district.
-------------------------------------------------------------
If a majority of the votes cast on the question shall be in
favor of disconnection, and if the trustees of such sanitary
district shall, by ordinance, disconnect such territory,
thereupon the court shall enter an appropriate order of record
in the court and thereafter such territory shall be deemed
disconnected from such sanitary district.
(Source: P.A. 83-343; revised 9-8-16.)
(70 ILCS 2805/33) (from Ch. 42, par. 444)
Sec. 33. Any sanitary district created under this Act which
does not have outstanding and unpaid any revenue bonds issued
under the provisions of this Act may be dissolved as follows:
(a) Any 50 electors residing within the area of any
sanitary district may file with the circuit clerk of the county
in which the area is situated, a petition addressed to the
circuit court to cause submission of the question whether the
sanitary district shall be dissolved. Upon the filing of the
petition with the clerk, the court shall certify the question
to the proper election officials who shall submit the question
at an election in accordance with the general election law, and
give notice of the election in the manner provided by the
general election law.
The question shall be in substantially the following form:
-------------------------------------------------------------
"Shall the sanitary YES
district of .... be ----------------------------
dissolved?"? NO
-------------------------------------------------------------
If a majority of the votes cast on this question are in
favor of dissolution of the sanitary district, then such
organization shall cease, and the sanitary district is
dissolved, and the court shall direct the sanitary district to
discharge all outstanding obligations.
(b) The County of Lake may dissolve the Fox Lake Hills
Sanitary District, thereby acquiring all of the District's
assets and responsibilities, upon adopting a resolution
stating: (1) the reasons for dissolving the District; (2) that
there are no outstanding debts of the District or that the
County has sufficient funds on hand or available to satisfy
such debts; (3) that no federal or State permit or grant will
be impaired by dissolution of the District; and (4) that the
County assumes all assets and responsibilities of the District.
Upon dissolution of the District, the statutory powers of the
former District shall be exercised by the county board of the
Lake County. Within 60 days after the effective date of such
resolution, the County of Lake shall notify the Illinois
Environmental Protection Agency regarding the dissolution of
the Fox Hills Sanitary District.
(Source: P.A. 99-783, eff. 8-12-16; revised 10-26-16.)
(70 ILCS 2805/37.1)
Sec. 37.1. Dissolution of district with no employees and no
bond indebtedness; winding up sanitary district business; tax
by acquiring municipalities.
(a) Any sanitary district created under this Act which is
located in a county having a population of 3,000,000 or more,
which is wholly included in 3 three or more municipalities,
which no part is included in any unincorporated area, which has
no employees, and which has no revenue bond indebtedness shall,
upon July 10, 2015 (the effective date of Public Act 99-14)
this amendatory Act of the 99th General Assembly, be dissolved
by operation of law. Each of the municipalities within the
territory of a dissolved sanitary district shall be responsible
for providing sewers for collecting and disposing of sewage.
(b) The officers of any dissolved sanitary district
immediately preceding July 10, 2015 (the effective date of
Public Act 99-14) this amendatory Act of the 99th General
Assembly shall close up the business affairs of the sanitary
district by conveying title of a dissolved sanitary district's
property to the municipalities collecting and disposing of
sewage and by liquidating any remaining personal property of a
dissolved sanitary district. After all the debts and
obligations of the dissolved sanitary district have been
satisfied, any remaining monies shall be distributed to the
municipalities collecting and disposing of sewage in
proportion to the percentage of territory located within the
boundaries of each affected municipality.
(c) The corporate authorities of any municipality required
to provide sewer service under this Section after the
dissolution of a sanitary district is hereby authorized to levy
and collect a tax for the purpose of maintaining, constructing
or replacing sewers, upon the taxable property within that
municipality, the aggregate amount of which for each year may
not exceed 0.25% of the value of such property as equalized or
assessed by the Department of Revenue and that tax shall be in
addition to any taxes that may otherwise be authorized to be
levied for the general corporate purposes of the municipality
as currently provided in Section 37 of this Act. Any
outstanding obligations of the dissolved sanitary district
shall be paid from the taxes levied and collected pursuant to
this subsection.
If any tax has been levied for sewer or water purposes
prior to July 10, 2015 (the effective date of Public Act 99-14)
this amendatory Act of the 99th General Assembly by a
municipality that who would also have the power to levy such a
tax under this subsection, that tax is expressly validated.
(Source: P.A. 99-14, eff. 7-10-15; revised 9-8-16.)
(70 ILCS 2805/44) (from Ch. 42, par. 447.8)
Sec. 44. Public hearing and second resolution. At the time
and place fixed in the specified notice for the public hearing,
the committee of local improvements shall meet and hear the
representations of any person desiring to be heard on the
subject of the necessity for the proposed improvement, the
nature thereof or the cost as estimated. The district's
engineer may revise the plans, specifications or estimate of
cost at any time prior to the committee's adoption of a
resolution recommending passage of an ordinance as hereinafter
set forth. The committee may adopt a second or further
resolution abandoning the proposed scheme or adhering thereto,
or changing, altering or modifying the extent, nature, kind,
character and estimated cost, provided the change does not
increase the estimated cost of the improvement to exceed 20% of
the estimate set forth in the mailed notice of the public
hearing without a further public hearing pursuant to a new
mailed notice given in like manner as the first. Thereupon, if
the proposed improvement is not abandoned, the committee shall
have an ordinance prepared therefor to be submitted to the
board. This ordinance shall prescribe the nature, character,
locality and description of the improvement and shall provide
whether the improvement shall be made wholly or in part by
special assessment or special taxation of benefited property
and may provide that plans and specifications for the proposed
improvement be made part of the ordinance by reference to plans
and specifications specification on file in the office of the
district's engineer or to plans and specifications adopted or
published by the State of Illinois or any political subdivision
or agency thereof. If the improvement is to be paid in part
only by special assessment or special taxation, the ordinance
shall so state. If the improvement requires the taking or
damaging of property, the ordinance shall so state, and the
proceedings for making just compensation therefor shall be as
described in Sections 9-2-14 through 9-2-37 of the Illinois
Municipal Code, as now or hereafter amended.
(Source: P.A. 85-1137; revised 9-8-16.)
(70 ILCS 2805/45) (from Ch. 42, par. 447.9)
Sec. 45. Recommendation by committee. Accompanying any
ordinance for a local improvement presented by the committee of
local improvements to the board shall be a recommendation of
such improvement by the committee signed by at a least a
majority of the members thereof, together with an estimate of
the cost of the improvement, including the cost of engineering
services, as originally contemplated or as changed, altered or
modified at the public hearing, itemized so far as the
committee deems necessary and signed by the board's engineer.
The recommendation by the committee shall be prima facie
evidence that all the preliminary requirements of the law have
been complied with. If a variance is shown on the proceedings
in the court, it shall not affect the validity of the
proceeding unless the court deems the variance willful and
substantial.
In the event the improvement is to be constructed with
assistance from any agency of the federal government or other
governmental agency, the estimate of cost shall state this fact
and shall set forth the estimated amount that is to be provided
by the agency of the federal government or other governmental
agency.
The person appointed to make the assessments as provided
hereinafter shall make a true and impartial assessment upon the
petitioning district and the property benefited by such
improvement of that portion of the estimated cost that is
within the benefits exclusive of the amount to be provided by
the agency of the federal government or other governmental
agency.
(Source: P.A. 85-1137; revised 9-7-16.)
Section 315. The Surface Water Protection District Act is
amended by changing Section 21 as follows:
(70 ILCS 3405/21) (from Ch. 42, par. 468)
Sec. 21. The board of trustees may levy and collect other
taxes for all corporate purposes, including, without limiting
the generality of the foregoing, the payment of all obligations
incurred in taking over the surface water protection facilities
of any city, village, or incorporated town located within the
boundaries of any such district, exclusive of taxes to pay
bonded indebtedness upon all the taxable property within the
territorial limits of such surface water protection district,
the aggregate amount of which shall not exceed .125% of the
value, as equalized or assessed by the Department of Revenue
except as provided in this Section.
If the board of trustees desires desire to levy such taxes
at a rate in excess of .125% but not in excess of .25% of the
value of all taxable property within the district as equalized
or assessed by the Department of Revenue, the board of trustees
they shall certify the question to the proper election
officials who shall submit the question at an a election in
accordance with the general election law. The result of the
referendum shall be entered upon the records of the district.
If a majority of the votes on the proposition are in favor of
the proposition, the board of trustees may levy such taxes at a
rate not to exceed .25% of the value of all taxable property
within the district, as equalized or assessed by the Department
of Revenue. The proposition shall be in substantially the
following form:
-------------------------------------------------------------
Shall the maximum allowable
tax rate for .... Surface Water YES
Protection District be increased
to .25% of the value of all taxable -------------------
property within the District as
equalized or assessed by the NO
Department of Revenue?
-------------------------------------------------------------
In any surface water protection district organized under
Section 4a, the board of trustees may levy such taxes at a rate
in excess of .125% but not in excess of .25% of the value of all
taxable property in the district as equalized or assessed by
the Department of Revenue without an election provided such tax
rate increase is authorized by the owners of all the property
within the district.
(Source: P.A. 81-1550; revised 9-7-16.)
Section 320. The Metropolitan Transit Authority Act is
amended by changing Section 12a as follows:
(70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)
Sec. 12a. (a) In addition to other powers provided in
Section 12b, the Authority may issue its notes from time to
time, in anticipation of tax receipts of the Regional
Transportation Authority allocated to the Authority or of other
revenues or receipts of the Authority, in order to provide
money for the Authority to cover any cash flow deficit which
the Authority anticipates incurring. Provided, however, that
no such notes may be issued unless the annual cost thereof is
incorporated in a budget or revised budget of the Authority
which has been approved by the Regional Transportation
Authority. Any such notes are referred to as "Working Cash
Notes". Provided further that, the board shall not issue and
have outstanding or demand and direct that the Board of the
Regional Transportation Authority issue and have outstanding
more than an aggregate of $40,000,000 in Working Cash Notes. No
Working Cash Notes shall be issued for a term of longer than 18
months. Proceeds of Working Cash Notes may be used to pay day
to day operating expenses of the Authority, consisting of
wages, salaries and fringe benefits, professional and
technical services (including legal, audit, engineering and
other consulting services), office rental, furniture, fixtures
and equipment, insurance premiums, claims for self-insured
amounts under insurance policies, public utility obligations
for telephone, light, heat and similar items, travel expenses,
office supplies, postage, dues, subscriptions, public hearings
and information expenses, fuel purchases, and payments of
grants and payments under purchase of service agreements for
operations of transportation agencies, prior to the receipt by
the Authority from time to time of funds for paying such
expenses. Proceeds of the Working Cash Notes shall not be used
(i) to increase or provide a debt service reserve fund for any
bonds or notes other than Working Cash Notes of the same
Series, or (ii) to pay principal of or interest or redemption
premium on any capital bonds or notes, whether as such amounts
become due or by earlier redemption, issued by the Authority or
a transportation agency to construct or acquire public
transportation facilities, or to provide funds to purchase such
capital bonds or notes.
(b) The ordinance providing for the issuance of any such
notes shall fix the date or dates of maturity, the dates on
which interest is payable, any sinking fund account or reserve
fund account provisions and all other details of such notes and
may provide for such covenants or agreements necessary or
desirable with regard to the issue, sale and security of such
notes. The Authority shall determine and fix the rate or rates
of interest of its notes issued under this Act in an ordinance
adopted by the Board prior to the issuance thereof, none of
which rates of interest shall exceed that permitted in the Bond
Authorization Act "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set
forth therein", approved May 26, 1970, as now or hereafter
amended. Interest may be payable annually or semi-annually, or
at such other times as determined by the Board. Notes issued
under this Section may be issued as serial or term obligations,
shall be of such denomination or denominations and form,
including interest coupons to be attached thereto, be executed
in such manner, shall be payable at such place or places and
bear such date as the Board shall fix by the ordinance
authorizing such note and shall mature at such time or times,
within a period not to exceed 18 months from the date of issue,
and may be redeemable prior to maturity with or without
premium, at the option of the Board, upon such terms and
conditions as the Board shall fix by the ordinance authorizing
the issuance of such notes. The Board may provide for the
registration of notes in the name of the owner as to the
principal alone or as to both principal and interest, upon such
terms and conditions as the Board may determine. The ordinance
authorizing notes may provide for the exchange of such notes
which are fully registered, as to both principal and interest,
with notes which are registerable as to principal only. All
notes issued under this Section by the Board shall be sold at a
price which may be at a premium or discount but such that the
interest cost (excluding any redemption premium) to the Board
of the proceeds of an issue of such notes, computed to stated
maturity according to standard tables of bond values, shall not
exceed that permitted in the Bond Authorization Act "An Act to
authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May 26,
1970, as now or hereafter amended. Such notes shall be sold at
such time or times as the Board shall determine. The notes may
be sold either upon competitive bidding or by negotiated sale
(without any requirement of publication of intention to
negotiate the sale of such notes), as the Board shall determine
by ordinance adopted with the affirmative votes of at least 4
Directors. In case any officer whose signature appears on any
notes or coupons authorized pursuant to this Section shall
cease to be such officer before delivery of such notes, such
signature shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office
until such delivery. Neither the Directors of the Regional
Transportation Authority, the Directors of the Authority nor
any person executing any bonds or notes thereof shall be liable
personally on any such bonds or notes or coupons by reason of
the issuance thereof.
(c) All notes of the Authority issued pursuant to this
Section shall be general obligations of the Authority to which
shall be pledged the full faith and credit of the Authority, as
provided in this Section. Such notes shall be secured as
provided in the authorizing ordinance, which may,
notwithstanding any other provision of this Act, include in
addition to any other security, a specific pledge or assignment
of and lien on or security interest in any or all tax receipts
of the Regional Transportation Authority allocated to the
Authority and on any or all other revenues or moneys of the
Authority from whatever source which may by law be utilized for
debt service purposes and a specific pledge or assignment of
and lien on or security interest in any funds or accounts
established or provided for by the ordinance of the Board
authorizing the issuance of such notes. Any such pledge,
assignment, lien or security interest for the benefit of
holders of notes of the Authority shall be valid and binding
from the time the notes are issued without any physical
delivery or further act, and shall be valid and binding as
against and prior to the claims of all other parties having
claims of any kind against the Authority or any other person
irrespective of whether such other parties have notice of such
pledge, assignment, lien or security interest. The obligations
of the Authority incurred pursuant to this Section shall be
superior to and have priority over any other obligations of the
Authority except for obligations under Section 12. The Board
may provide in the ordinance authorizing the issuance of any
notes issued pursuant to this Section for the creation of,
deposits in, and regulation and disposition of sinking fund or
reserve accounts relating to such notes. The ordinance
authorizing the issuance of any notes pursuant to this Section
may contain provisions as part of the contract with the holders
of the notes, for the creation of a separate fund to provide
for the payment of principal and interest on such notes and for
the deposit in such fund from any or all the tax receipts of
the Regional Transportation Authority allocated to the
Authority and from any or all such other moneys or revenues of
the Authority from whatever source which may by law be utilized
for debt service purposes, all as provided in such ordinance,
of amounts to meet the debt service requirements on such notes,
including principal and interest, and any sinking fund or
reserve fund account requirements as may be provided by such
ordinance, and all expenses incident to or in connection with
such fund and accounts or the payment of such notes. Such
ordinance may also provide limitations on the issuance of
additional notes of the Authority. No such notes of the
Authority shall constitute a debt of the State of Illinois.
(d) The ordinance of the Board authorizing the issuance of
any notes may provide additional security for such notes by
providing for appointment of a corporate trustee (which may be
any trust company or bank having the powers of a trust company
within the State) with respect to such notes. The ordinance
shall prescribe the rights, duties and powers of the trustee to
be exercised for the benefit of the Authority and the
protection of the holders of such notes. The ordinance may
provide for the trustee to hold in trust, invest and use
amounts in funds and accounts created as provided by the
ordinance with respect to the notes. The ordinance shall
provide that amounts so paid to the trustee which are not
required to be deposited, held or invested in funds and
accounts created by the ordinance with respect to notes or used
for paying notes to be paid by the trustee to the Authority.
(e) Any notes of the Authority issued pursuant to this
Section shall constitute a contract between the Authority and
the holders from time to time of such notes. In issuing any
note, the Board may include in the ordinance authorizing such
issue a covenant as part of the contract with the holders of
the notes, that as long as such obligations are outstanding, it
shall make such deposits, as provided in paragraph (c) of this
Section. A certified copy of the ordinance authorizing the
issuance of any such obligations shall be filed at or prior to
the issuance of such obligations with the Regional
Transportation Authority, Comptroller of the State of Illinois
and the Illinois Department of Revenue.
(f) The State of Illinois pledges to and agrees with the
holders of the notes of the Authority issued pursuant to this
Section that the State will not limit or alter the rights and
powers vested in the Authority by this Act or in the Regional
Transportation Authority by the "Regional Transportation
Authority Act" so as to impair the terms of any contract made
by the Authority with such holders or in any way impair the
rights and remedies of such holders until such notes, together
with interest thereon, with interest on any unpaid installments
of interest, and all costs and expenses in connection with any
action or proceedings by or on behalf of such holders, are
fully met and discharged. In addition, the State pledges to and
agrees with the holders of the notes of the Authority issued
pursuant to this Section that the State will not limit or alter
the basis on which State funds are to be paid to the Authority
as provided in the Regional Transportation Authority Act, or
the use of such funds, so as to impair the terms of any such
contract. The Board is authorized to include these pledges and
agreements of the State in any contract with the holders of
bonds or notes issued pursuant to this Section.
(g) The Board shall not at any time issue, sell or deliver
any Interim Financing Notes pursuant to this Section which will
cause it to have issued and outstanding at any time in excess
of $40,000,000 of Working Cash Notes. Notes which are being
paid or retired by such issuance, sale or delivery of notes,
and notes for which sufficient funds have been deposited with
the paying agency of such notes to provide for payment of
principal and interest thereon or to provide for the redemption
thereof, all pursuant to the ordinance authorizing the issuance
of such notes, shall not be considered to be outstanding for
the purposes of this paragraph.
(h) The Board, subject to the terms of any agreements with
noteholders as may then exist, shall have power, out of any
funds available therefor, to purchase notes of the Authority
which shall thereupon be cancelled.
(i) In addition to any other authority granted by law, the
State Treasurer may, with the approval of the Governor, invest
or reinvest, at a price not to exceed par, any State money in
the State Treasury which is not needed for current expenditures
due or about to become due in Interim Financing Notes.
(Source: P.A. 96-328, eff. 8-11-09; revised 9-22-16.)
Section 325. The Public Transit Employee Training Programs
Act is amended by changing Section 3 as follows:
(70 ILCS 3620/3) (from Ch. 111 2/3, par. 803)
Sec. 3. (a). All mass transit employees shall be required
to participate in an anti-crime program that comprehensively
addresses the identification of and reaction to potentially
dangerous situations involving carrier operatives or
passengers.
(b). The establishment of minimum standards, however, in no
way precludes a carrier from implementing alternate or more
advanced programs so long as said programs are:
(1) consistent with the imperative of subsection (a);
(2) developed in consultation with a recognized crime
prevention organization; and
(3) carried out in consultation with the Review
Committee established under Section 8 of this Act.
(Source: P.A. 81-846; revised 9-12-16.)
Section 330. The School Code is amended by changing
Sections 2-3.161, 10-22.29a, 14-6.01, 21B-70, 22-30, 27A-9,
30-14.2, 34-54.2, and 34A-404, by setting forth and renumbering
multiple versions of Sections 2-3.167, 10-20.58, and 34-18.50,
and by setting forth, renumbering, and changing multiple
versions of Section 34-18.49 as follows:
(105 ILCS 5/2-3.161)
Sec. 2-3.161. Definition of dyslexia; reading instruction
advisory group.
(a) The State Board of Education shall incorporate, in both
general education and special education, the following
definition of dyslexia:
Dyslexia is a specific learning disability that is
neurobiological in origin. Dyslexia is characterized by
difficulties with accurate and/or fluent word recognition
and by poor spelling and decoding abilities. These
difficulties typically result from a deficit in the
phonological component of language that is often
unexpected in relation to other cognitive abilities and the
provision of effective classroom instruction. Secondary
consequences may include problems in reading comprehension
and reduced reading experience that can impede growth of
vocabulary and background knowledge.
(b) Subject to specific State appropriation or the
availability of private donations, the State Board of Education
shall establish an advisory group to develop a training module
or training modules to provide education and professional
development to teachers, school administrators, and other
education professionals regarding multi-sensory, systematic,
and sequential instruction in reading. This advisory group
shall complete its work before December 15, 2015 and is
abolished on December 15, 2015. The State Board of Education
shall reestablish the advisory group abolished on December 15,
2015 to complete the abolished group's work. The reestablished
advisory group shall complete its work before December 31, 2016
and is abolished on December 31, 2016. The provisions of this
subsection (b), other than this sentence, are inoperative after
December 31, 2016.
(Source: P.A. 98-705, eff. 7-14-14; 99-65, eff. 7-16-15; 99-78,
eff. 7-20-15; 99-602, eff. 7-22-16; 99-603, eff. 7-22-16;
revised 9-6-16.)
(105 ILCS 5/2-3.167)
(Section scheduled to be repealed on July 1, 2018)
Sec. 2-3.167. Task Force on Computer Science Education.
(a) The State Board of Education shall establish a Task
Force on Computer Science Education, to be comprised of all of
the following members, with an emphasis on bipartisan
legislative representation and diverse non-legislative
stakeholder representation:
(1) One member appointed by the Speaker of the House of
Representatives.
(2) One member appointed by the President of the
Senate.
(3) One member appointed by the Minority Leader of the
House of Representatives.
(4) One member appointed by the Minority Leader of the
Senate.
(5) One member appointed by the head of a statewide
association representing teachers.
(6) One member appointed by the head of an association
representing teachers in a city of over 500,000 people.
(7) One member appointed by the head of an association
representing computer science teachers.
(8) One member appointed by the head of an association
representing school boards.
(9) One member appointed by the head of an association
representing the media.
(10) One member appointed by the head of an association
representing the non-profit sector that promotes computer
science education as a core mission.
(11) One member appointed by the head of an association
representing the non-profit sector that promotes computer
science education among the general public.
(12) One member appointed by the president of an
institution of higher education who teaches college or
graduate-level government courses or facilitates a program
dedicated to cultivating computer science education.
(13) One member appointed by the head of an association
representing principals or district superintendents.
(14) The chief executive officer of the school district
organized under Article 34 of this Code or his or her
designee.
(b) The members of the Task Force shall serve without
compensation but shall be reimbursed for their reasonable and
necessary expenses from funds appropriated to the State Board
of Education for that purpose. The members of the Task Force
shall be reimbursed for their travel expenses from
appropriations to the State Board of Education available for
that purpose and subject to the rules of the appropriate travel
control board.
(c) The members of the Task Force shall be considered
members with voting rights. A quorum of the Task Force shall
consist of a simple majority of the members of the Task Force.
All actions and recommendations of the Task Force must be
approved by a simple majority vote of the members.
(d) The Task Force shall meet initially at the call of the
State Superintendent of Education, shall elect one member as
chairperson at its initial meeting through a simple majority
vote of the Task Force, and shall thereafter meet at the call
of the chairperson.
(e) The State Board of Education shall provide
administrative and other support to the Task Force.
(f) The Task Force is charged with all of the following
tasks:
(1) To analyze the current state of computer science
education in this State.
(2) To analyze current computer science education laws
in other jurisdictions, both mandated and permissive.
(3) To identify best practices in computer science
education in other jurisdictions.
(4) To make recommendations to the General Assembly
focused on substantially increasing computer science
education and the capacity of youth to obtain the requisite
knowledge, skills, and practices to be educated in computer
science.
(5) To make funding recommendations, if the Task
Force's recommendations to the General Assembly would
require a fiscal commitment.
(g) No later than July 1, 2017, the Task Force shall
summarize its findings and recommendations in a report to the
General Assembly, filed as provided in Section 3.1 of the
General Assembly Organization Act. Upon filing its report, the
Task Force is dissolved.
(h) This Section is repealed on July 1, 2018.
(Source: P.A. 99-647, eff. 7-28-16.)
(105 ILCS 5/2-3.168)
Sec. 2-3.168 2-3.167. Advisory Council on At-Risk
Students.
(a) For purposes of this Section, "at-risk students" means
students served by the Department of Human Services who receive
services through Medicaid, the Supplemental Nutrition
Assistance Program, the Children's Health Insurance Program,
or Temporary Assistance for Needy Families, as well as students
under the legal custody of the Department of Children and
Family Services. Students may not be counted more than once for
receiving multiple services from the Department of Human
Services or if they receive those services and are under the
legal custody of the Department of Children and Family
Services.
(b) The Advisory Council on At-Risk Students is created
within the State Board of Education. The Advisory Council shall
consist of all of the following members:
(1) One member of the House of Representatives
appointed by the Speaker of the House of Representatives.
(2) One member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives.
(3) One member of the Senate appointed by the President
of the Senate.
(4) One member of the Senate appointed by the Minority
Leader of the Senate.
(5) The following members appointed by the State
Superintendent of Education:
(A) One member who is an educator representing a
statewide professional teachers' organization.
(B) One member who is an educator representing a
different statewide professional teachers'
organization.
(C) One member who is an educator representing a
professional teachers' organization in a city having a
population exceeding 500,000.
(D) One member from an organization that works for
economic, educational, and social progress for African
Americans and promotes strong sustainable communities
through advocacy, collaboration, and innovation.
(E) One member from an organization that
facilitates the involvement of Latino Americans at all
levels of public decision-making.
(F) One member from an organization focused on
research-based education policy to support a school
system that prepares all students for college, a
career, and democratic citizenship.
(G) One member from an organization dedicated to
advocating for public policies to prevent
homelessness.
(H) One member from the Illinois Student
Assistance Commission.
(I) One member from an organization that works to
ensure the health and safety of Illinois youth and
families by providing capacity building services.
(J) One member from an organization that provides
public high school students with opportunities to
explore and develop their talents, while gaining
critical skills for work, college, and beyond.
(K) One member from an organization that promotes
the strengths and abilities of youth and families by
providing community-based services that empower each
to face life's challenges with confidence, competence,
and dignity.
(L) One member from an organization that connects
former members of the foster care system with current
children in the foster care system.
(M) One member who has experience with research and
statistics.
(N) Three members who are parents of at-risk
students.
(O) One member from an organization that optimizes
the positive growth of at-risk youth and individuals
working with at-risk youth through support services.
(P) One member from a statewide organization
representing regional offices of education.
Members of the Council shall, to the extent possible, be
selected on the basis of experience with or knowledge of
various programs for at-risk students. The Council shall, to
the extent possible, include diverse membership from a variety
of socio-economic, racial, and ethnic backgrounds.
(c) Initial members of the Council shall serve terms
determined by lot as follows:
(1) Seven members shall serve for one year.
(2) Seven members shall serve for 2 years.
(3) The remaining members shall serve for 3 years.
Successors shall serve 3-year terms. Members must serve until
their successors are appointed and have qualified.
(d) Members of the Council shall not receive compensation
for the performance of their duties on the Council.
(e) The Council shall initially meet at the call of the
State Superintendent of Education. At the initial meeting,
members shall select a chairperson from among their number by
majority vote; a representative from the State Board of
Education may cast a deciding vote if there is a tie. The
Council shall select a chairperson annually, who may be the
same chairperson as the year prior. The Council shall meet at
the call of the chairperson after the initial meeting.
(f) The State Board of Education and City of Chicago School
District 299 shall provide administrative support to the
Council.
(g) The Council shall accept and consider public comments
when making its recommendations.
(h) By no later than December 15, 2017, the Council shall
submit a report to the State Superintendent of Education, the
Governor, and the General Assembly addressing, at a minimum,
the following with respect to school districts where racial
minorities comprise a majority of the student population:
(1) What are the barriers to success present for
at-risk students?
(2) How much does socio-economic status impact
academic and career achievement?
(3) How do at-risk students perform academically?
(4) How do at-risk students perform academically
compared to students from higher socio-economic statuses?
(5) What programs are shown to help at-risk students
reach higher levels of academic and career achievement?
(6) What specific curriculums help the academic
success of at-risk students?
(7) Of curriculums that help at-risk students, which of
these need to be implemented within the Illinois Learning
Standards?
(8) To what degree do school districts teach cultural
history, and how can this be improved?
(9) Specific policy recommendations to improve the
academic success of at-risk students.
(10) Any other information that the Council determines
will assist in the understanding of the barriers to success
for or increase the academic performance of at-risk
students.
The Council shall submit an annual report with updated
information on the barriers to academic success and the
academic progress of at-risk students by no later than December
15 of each year beginning the year after the initial report is
submitted.
(Source: P.A. 99-721, eff. 8-5-16; revised 10-14-16.)
(105 ILCS 5/2-3.169)
Sec. 2-3.169 2-3.167. State Global Scholar Certification.
(a) The State Global Scholar Certification Program is
established to recognized public high school graduates who have
attained global competence. State Global Scholar Certification
shall be awarded beginning with the 2017-2018 school year.
School district participation in this certification is
voluntary.
(b) The purposes of State Global Scholar Certification are
as follows:
(1) To recognize the value of a global education.
(2) To certify attainment of global competence.
(3) To provide employers with a method of identifying
globally competent employees.
(4) To provide colleges and universities with an
additional method to recognize applicants seeking
admission.
(5) To prepare students with 21st century skills.
(6) To encourage the development of a globally ready
workforce in the STEM (science, technology, engineering,
and mathematics), manufacturing, agriculture, and service
sectors.
(c) State Global Scholar Certification confirms attainment
of global competence, sufficient for meaningful use in college
and a career, by a graduating public high school student.
(d) The State Board of Education shall adopt such rules as
may be necessary to establish the criteria that students must
achieve to earn State Global Scholar Certification, which shall
minimally include attainment of units of credit in globally
focused courses, service learning experiences, global
collaboration and dialogue, and passage of a capstone project
demonstrating global competency, as approved by the
participating school district for this purpose.
(e) The State Board of Education shall do both of the
following:
(1) Prepare and deliver to participating school
districts an appropriate mechanism for designating State
Global Scholar Certification on the diploma and transcript
of a student indicating that the student has been awarded
State Global Scholar Certification by the State Board of
Education.
(2) Provide other information the State Board of
Education deems necessary for school districts to
successfully participate in the certification.
(f) A school district that participates in certification
under this Section shall do both of the following:
(1) Maintain appropriate records in order to identify
students who have earned State Global Scholar
Certification.
(2) Make the appropriate designation on the diploma and
transcript of each student who earns State Global Scholar
Certification.
(g) No fee may be charged to a student to receive the
designation pursuant to the Section. Notwithstanding this
prohibition, costs may be incurred by the student in
demonstrating proficiency.
(Source: P.A. 99-780, eff. 8-12-16; revised 10-14-16.)
(105 ILCS 5/10-20.58)
Sec. 10-20.58. Accelerate College pilot program. School
districts may enter into Accelerate College educational
partnership agreements as authorized under Section 3-42.4 of
the Public Community College Act.
(Source: P.A. 99-611, eff. 7-22-16.)
(105 ILCS 5/10-20.59)
Sec. 10-20.59 10-20.58. DCFS liaison.
(a) Each school board may appoint at least one employee to
act as a liaison to facilitate the enrollment and transfer of
records of students in the legal custody of the Department of
Children and Family Services when enrolling in or changing
schools. The school board may appoint any employee of the
school district who is licensed under Article 21B of this Code
to act as a liaison; however, employees who meet any of the
following criteria must be prioritized for appointment:
(1) Employees who have worked with mobile student
populations or students in foster care.
(2) Employees who are familiar with enrollment, record
transfers, existing community services, and student
support services.
(3) Employees who serve as a high-level administrator.
(4) Employees who are counselors or have experience
with student counseling.
(5) Employees who are knowledgeable on child welfare
policies.
(6) Employees who serve as a school social worker.
(b) Liaisons under this Section are encouraged to build
capacity and infrastructure within their school district to
support students in the legal custody of the Department of
Children and Family Services. Liaison responsibilities may
include the following:
(1) streamlining the enrollment processes for students
in foster care;
(2) implementing student data tracking and monitoring
mechanisms;
(3) ensuring that students in the legal custody of the
Department of Children and Family Services receive all
school nutrition and meal programs available;
(4) coordinating student withdrawal from a school,
record transfers, and credit recovery;
(5) becoming experts on the foster care system and
State laws and policies in place that support children
under the legal custody of the Department of Children and
Family Services;
(6) coordinating with child welfare partners;
(7) providing foster care-related information and
training to the school district;
(8) working with the Department of Children and Family
Services to help students maintain their school placement,
if appropriate;
(9) reviewing student schedules to ensure that
students are on track to graduate;
(10) encouraging a successful transition into
adulthood and post-secondary opportunities;
(11) encouraging involvement in extracurricular
activities; and
(12) knowing what support is available within the
school district and community for students in the legal
custody of the Department of Children and Family Services.
(c) A school district is encouraged to designate a liaison
by the beginning of the 2017-2018 school year.
(d) Individuals licensed under Article 21B of this Code
acting as a liaison under this Section shall perform the duties
of a liaison in addition to existing contractual obligations.
(Source: P.A. 99-781, eff. 8-12-16; revised 10-18-16.)
(105 ILCS 5/10-22.29a) (from Ch. 122, par. 10-22.29a)
Sec. 10-22.29a. To authorize the establishment of an
investment club, in any high school within the district, to be
organized on a purely voluntary basis. The State Board of
Education may, however, promulgate reasonable standards
regarding the establishment, organization and operation of
investment clubs formed pursuant to this Section which
standards must be complied with by all those concerned. The
superintendent of schools shall, when the board has authorized
the establishment of an investment club, designate a teacher in
the high school where the club is organized to serve as sponsor
of the club and as the fiduciary for members of the club in
making the purchases and sales of securities on behalf of the
members and shall also designate an investment dealer
registered with the Secretary of State of Illinois as an
investment dealer; to provide investment counseling and
brokerage services for the members of the club. That investment
dealer shall (a) reflect all transactions entered into on
behalf of the investment club in an account in the name of the
teacher as fiduciary, (b) submit monthly to the fiduciary a
statement of account reflecting all transactions entered into
on behalf of the club during the previous month including the
prices paid on purchases and the proceeds received on sales of
securities and the costs and fees incurred in each transaction
and listing the accumulated holdings of the investment club by
type of security, number of shares of stock, name of the issuer
and any other information necessary to identify the composition
of the accumulated security holdings of the club, and (c)
handle transactions on behalf of the club, through the
designated fiduciary as a street account rather than through
issuance of certificates in the name of the fiduciary or of
individual club members. Any investment club formed under this
Section must sell all securities purchased through the club and
distribute the proceeds of sales to its members by May 20th
each year. All investment clubs are subject to the provisions
of the "The Illinois Securities Law of 1953", as amended.
(Source: P.A. 81-1508; revised 10-25-16.)
(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
Sec. 14-6.01. Powers and duties of school boards. School
boards of one or more school districts establishing and
maintaining any of the educational facilities described in this
Article shall, in connection therewith, exercise similar
powers and duties as are prescribed by law for the
establishment, maintenance and management of other recognized
educational facilities. Such school boards shall include only
eligible children in the program and shall comply with all the
requirements of this Article and all rules and regulations
established by the State Board of Education. Such school boards
shall accept in part-time attendance children with
disabilities of the types described in Sections 14-1.02 through
14-1.07 who are enrolled in nonpublic schools. A request for
part-time attendance must be submitted by a parent or guardian
of the child with a disability and may be made only to those
public schools located in the district where the child
attending the nonpublic school resides; however, nothing in
this Section shall be construed as prohibiting an agreement
between the district where the child resides and another public
school district to provide special educational services if such
an arrangement is deemed more convenient and economical.
Special education and related services must be provided in
accordance with the student's IEP no later than 10 school
attendance days after notice is provided to the parents
pursuant to Section 300.503 of Title 34 of the Code of Federal
Regulations and implementing rules adopted by the State Board
of Education. Transportation for students in part time
attendance shall be provided only if required in the child's
individualized educational program on the basis of the child's
disabling condition or as the special education program
location may require.
A school board shall publish a public notice in its
newsletter of general circulation or in the newsletter of
another governmental entity of general circulation in the
district or if neither is available in the district, then in a
newspaper of general circulation in the district, the right of
all children with disabilities to a free appropriate public
education as provided under this Code. Such notice shall
identify the location and phone number of the office or agent
of the school district to whom inquiries should be directed
regarding the identification, assessment and placement of such
children.
School boards shall immediately provide upon request by any
person written materials and other information that indicates
the specific policies, procedures, rules and regulations
regarding the identification, evaluation or educational
placement of children with disabilities under Section 14-8.02
of the School Code. Such information shall include information
regarding all rights and entitlements of such children under
this Code, and of the opportunity to present complaints with
respect to any matter relating to educational placement of the
student, or the provision of a free appropriate public
education and to have an impartial due process hearing on the
complaint. The notice shall inform the parents or guardian in
the parents' or guardian's native language, unless it is
clearly not feasible to do so, of their rights and all
procedures available pursuant to this Act and federal Public
Law 94-142; it shall be the responsibility of the State
Superintendent to develop uniform notices setting forth the
procedures available under this Act and federal Public Law
94-142, as amended, to be used by all school boards. The notice
shall also inform the parents or guardian of the availability
upon request of a list of free or low-cost legal and other
relevant services available locally to assist parents or
guardians in exercising rights or entitlements under this Code.
Any parent or guardian who is deaf, or does not normally
communicate using spoken English, who participates in a meeting
with a representative of a local educational agency for the
purposes of developing an individualized educational program
shall be entitled to the services of an interpreter.
No student with a disability or, in a school district
organized under Article 34 of this Code, child with a learning
disability may be denied promotion, graduation or a general
diploma on the basis of failing a minimal competency test when
such failure can be directly related to the disabling condition
of the student. For the purpose of this Act, "minimal
competency testing" is defined as tests which are constructed
to measure the acquisition of skills to or beyond a certain
defined standard.
Effective July 1, 1966, high school districts are
financially responsible for the education of pupils with
disabilities who are residents in their districts when such
pupils have reached age 15 but may admit children with
disabilities into special educational facilities without
regard to graduation from the eighth grade after such pupils
have reached the age of 14 1/2 years. Upon a pupil with a
disability attaining the age of 14 1/2 years, it shall be the
duty of the elementary school district in which the pupil
resides to notify the high school district in which the pupil
resides of the pupil's current eligibility for special
education services, of the pupil's current program, and of all
evaluation data upon which the current program is based. After
an examination of that information the high school district may
accept the current placement and all subsequent timelines shall
be governed by the current individualized educational program;
or the high school district may elect to conduct its own
evaluation and multidisciplinary staff conference and
formulate its own individualized educational program, in which
case the procedures and timelines contained in Section 14-8.02
shall apply.
(Source: P.A. 98-219, eff. 8-9-13; 99-143, eff. 7-27-15;
99-592, eff. 7-22-16; revised 9-6-16.)
(105 ILCS 5/21B-70)
Sec. 21B-70. Illinois Teaching Excellence Program.
(a) As used in this Section:
"Poverty or low-performing school" means a school
identified as a priority school under Section 2-3.25d-5 of this
Code or a school in which 50% or more of its students are
eligible for free or reduced-price school lunches.
"Qualified educator" means a teacher or school counselor
currently employed in a school district who is in the process
of obtaining certification through the National Board for
Professional Teaching Standards or who has completed
certification and holds a current Professional Educator
License with a National Board for Professional Teaching
Standards designation or a retired teacher or school counselor
who holds a Professional Educator License with a National Board
for Professional Teaching Standards designation.
(b) Beginning on July 1, 2011, any funds appropriated for
the Illinois Teaching Excellence Program must be used to
provide monetary assistance and incentives for qualified
educators who are employed by school districts and who have or
are in the process of obtaining licensure through the National
Board for Professional Teaching Standards. The goal of the
program is to improve instruction and student performance.
The State Board of Education shall allocate an amount as
annually appropriated by the General Assembly for the Illinois
Teaching Excellence Program for (i) application fees for each
qualified educator seeking to complete certification through
the National Board for Professional Teaching Standards, to be
paid directly to the National Board for Professional Teaching
Standards, and (ii) incentives for each qualified educator to
be distributed to the respective school district. The school
district shall distribute this payment to each eligible teacher
or school counselor as a single payment.
The State Board of Education's annual budget must set out
by separate line item the appropriation for the program. Unless
otherwise provided by appropriation, qualified educators are
eligible for monetary assistance and incentives outlined in
subsection (c) of this Section.
(c) When there are adequate funds available, monetary
assistance and incentives shall include the following:
(1) A maximum of $2,000 towards the application fee for
up to 750 teachers or school counselors in a poverty or
low-performing school who apply on a first-come,
first-serve basis for National Board certification.
(2) A maximum of $2,000 towards the application fee for
up to 250 teachers or school counselors in a school other
than a poverty or low-performing school who apply on a
first-come, first-serve basis for National Board
certification. However, if there were fewer than 750
individuals supported in item (1) of this subsection (c),
then the number supported in this item (2) may be increased
as such that the combination of item (1) of this subsection
(c) and this item (2) shall equal 1,000 applicants.
(3) A maximum of $1,000 towards the National Board for
Professional Teaching Standards' renewal application fee.
(4) (Blank).
(5) An annual incentive equal to $1,500, which shall be
paid to each qualified educator currently employed in a
school district who holds both a National Board for
Professional Teaching Standards designation and a current
corresponding certificate issued by the National Board for
Professional Teaching Standards and who agrees, in
writing, to provide at least 30 hours of mentoring or
National Board for Professional Teaching Standards
professional development or both during the school year to
classroom teachers or school counselors, as applicable.
Funds must be disbursed dispersed on a first-come,
first-serve basis, with priority given to poverty or
low-performing schools. Mentoring shall include, either
singly or in combination, the following:
(A) National Board for Professional Teaching
Standards certification candidates.
(B) National Board for Professional Teaching
Standards re-take candidates.
(C) National Board for Professional Teaching
Standards renewal candidates.
(D) (Blank).
Funds may also be used for instructional leadership
training for qualified educators interested in supporting
implementation of the Illinois Learning Standards or teaching
and learning priorities of the State Board of Education or
both.
(Source: P.A. 98-646, eff. 7-1-14; 99-193, eff. 7-30-15;
revised 10-25-16.)
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine auto-injectors; administration of
undesignated epinephrine auto-injectors; administration of an
opioid antagonist; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a
pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
"Asthma inhaler" means a quick reliever asthma inhaler.
"Epinephrine auto-injector" means a single-use device used
for the automatic injection of a pre-measured dose of
epinephrine into the human body.
"Asthma medication" means a medicine, prescribed by (i) a
physician licensed to practice medicine in all its branches,
(ii) a licensed physician assistant with prescriptive
authority, or (iii) a licensed advanced practice nurse with
prescriptive authority for a pupil that pertains to the pupil's
asthma and that has an individual prescription label.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone
hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"School nurse" means a registered nurse working in a school
with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
auto-injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine auto-injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice nurse with prescriptive
authority.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis.
"Undesignated epinephrine auto-injector" means an
epinephrine auto-injector prescribed in the name of a school
district, public school, or nonpublic school.
(b) A school, whether public or nonpublic, must permit the
self-administration and self-carry of asthma medication by a
pupil with asthma or the self-administration and self-carry of
an epinephrine auto-injector by a pupil, provided that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine auto-injector or (B) the
self-carry of an epinephrine auto-injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
auto-injector, a written statement from the pupil's
physician, physician assistant, or advanced practice nurse
containing the following information:
(A) the name and purpose of the epinephrine
auto-injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine
auto-injector is to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, or nonpublic school
may authorize the provision of a student-specific or
undesignated epinephrine auto-injector to a student or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer an
epinephrine auto-injector to the student, that meets the
student's prescription on file.
(b-10) The school district, public school, or nonpublic
school may authorize a school nurse or trained personnel to do
the following: (i) provide an undesignated epinephrine
auto-injector to a student for self-administration only or any
personnel authorized under a student's Individual Health Care
Action Plan, Illinois Food Allergy Emergency Action Plan and
Treatment Authorization Form, or plan pursuant to Section 504
of the federal Rehabilitation Act of 1973 to administer to the
student, that meets the student's prescription on file; (ii)
administer an undesignated epinephrine auto-injector that
meets the prescription on file to any student who has an
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or plan
pursuant to Section 504 of the federal Rehabilitation Act of
1973 that authorizes the use of an epinephrine auto-injector;
(iii) administer an undesignated epinephrine auto-injector to
any person that the school nurse or trained personnel in good
faith believes is having an anaphylactic reaction; and (iv)
administer an opioid antagonist to any person that the school
nurse or trained personnel in good faith believes is having an
opioid overdose.
(c) The school district, public school, or nonpublic school
must inform the parents or guardians of the pupil, in writing,
that the school district, public school, or nonpublic school
and its employees and agents, including a physician, physician
assistant, or advanced practice nurse providing standing
protocol or prescription for school epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the administration of asthma
medication, an epinephrine auto-injector, or an opioid
antagonist regardless of whether authorization was given by the
pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice nurse. The parents or
guardians of the pupil must sign a statement acknowledging that
the school district, public school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
auto-injector, or an opioid antagonist regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice nurse and that the parents or guardians must indemnify
and hold harmless the school district, public school, or
nonpublic school and its employees and agents against any
claims, except a claim based on willful and wanton conduct,
arising out of the administration of asthma medication, an
epinephrine auto-injector, or an opioid antagonist regardless
of whether authorization was given by the pupil's parents or
guardians or by the pupil's physician, physician assistant, or
advanced practice nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine auto-injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction or administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
notwithstanding the lack of notice to the parents or guardians
of the pupil or the absence of the parents or guardians signed
statement acknowledging no liability, except for willful and
wanton conduct, the school district, public school, or
nonpublic school and its employees and agents, and a physician,
a physician assistant, or an advanced practice nurse providing
standing protocol or prescription for undesignated epinephrine
auto-injectors, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine auto-injector or the use of an opioid antagonist
regardless of whether authorization was given by the pupil's
parents or guardians or by the pupil's physician, physician
assistant, or advanced practice nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine auto-injector is effective for the school
year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements of
this Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine auto-injector
(i) while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine auto-injector to any person whom
the school nurse or trained personnel in good faith believes to
be having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after normal
school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine auto-injectors on
his or her person while in school or at a school-sponsored
activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an opioid
overdose (i) while in school, (ii) while at a school-sponsored
activity, (iii) while under the supervision of school
personnel, or (iv) before or after normal school activities,
such as while in before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry an opioid antagonist on their person while in school
or at a school-sponsored activity.
(f) The school district, public school, or nonpublic school
may maintain a supply of undesignated epinephrine
auto-injectors in any secure location that is accessible
before, during, and after school where an allergic person is
most at risk, including, but not limited to, classrooms and
lunchrooms. A physician, a physician assistant who has been
delegated prescriptive authority in accordance with Section
7.5 of the Physician Assistant Practice Act of 1987, or an
advanced practice nurse who has been delegated prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine
auto-injectors in the name of the school district, public
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine auto-injectors shall be
maintained in accordance with the manufacturer's instructions.
The school district, public school, or nonpublic school may
maintain a supply of an opioid antagonist in any secure
location where an individual may have an opioid overdose. A
health care professional who has been delegated prescriptive
authority for opioid antagonists in accordance with Section
5-23 of the Alcoholism and Other Drug Abuse and Dependency Act
may prescribe opioid antagonists in the name of the school
district, public school, or nonpublic school, to be maintained
for use when necessary. Any supply of opioid antagonists shall
be maintained in accordance with the manufacturer's
instructions.
(f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine auto-injectors and providing training
to personnel for carrying and administering undesignated
epinephrine auto-injectors shall pay for the costs of the
undesignated epinephrine auto-injectors.
(f-5) Upon any administration of an epinephrine
auto-injector, a school district, public school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, or nonpublic school must immediately
activate the EMS system and notify the student's parent,
guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine auto-injector, a school district,
public school, or nonpublic school must notify the physician,
physician assistant, or advanced practice nurse who provided
the standing protocol or prescription for the undesignated
epinephrine auto-injector of its use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, or nonpublic
school must notify the health care professional who provided
the prescription for the opioid antagonist of its use.
(g) Prior to the administration of an undesignated
epinephrine auto-injector, trained personnel must submit to
their school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. their The school district, public
school, or nonpublic school must maintain records related to
the training curriculum and trained personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to their school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training must
be completed annually. Trained personnel must also submit to
the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, or
nonpublic school must maintain records relating to the training
curriculum and the trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine auto-injector, may be conducted online or in
person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine auto-injector;
and
(3) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and its
related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures;
(D) how to respond to a student with a known allergy,
as well as a student with a previously unknown allergy; and
(E) other criteria as determined in rules adopted
pursuant to this Section.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all of
its branches, registered nurses, and school nurses, the State
Board of Education shall make available resource materials
consistent with criteria in this subsection (h) for educating
trained personnel to recognize and respond to anaphylaxis. The
State Board may take into consideration the curriculum on this
subject developed by other states, as well as any other
curricular materials suggested by medical experts and other
groups that work on life-threatening allergy issues. The State
Board is not required to create new resource materials. The
State Board shall make these resource materials available on
its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Alcoholism and Other Drug Abuse and Dependency Act and
the corresponding rules. It must include, but is not limited
to:
(1) how to recognize symptoms of an opioid overdose;
(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 911;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine auto-injector by a school nurse,
trained personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, or nonpublic school
maintains or has an independent contractor providing
transportation to students who maintains a supply of
undesignated epinephrine auto-injectors, then the school
district, public school, or nonpublic school must report that
information to the State Board of Education upon adoption or
change of the policy of the school district, public school,
nonpublic school, or independent contractor, in a manner as
prescribed by the State Board. The report must include the
number of undesignated epinephrine auto-injectors in supply.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the State
Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
epinephrine administration during the preceding academic year.
Beginning with the 2017 report, the report shall also contain
information on which school districts, public schools, and
nonpublic schools maintain or have independent contractors
providing transportation to students who maintain a supply of
undesignated epinephrine auto-injectors. This report shall be
published on the State Board's Internet website on the date the
report is delivered to the General Assembly.
(j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with
asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if applicable,
may be attached to the pupil's federal Section 504 plan or
individualized education program plan.
(j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
(j-15) Every 2 years, school personnel who work with pupils
shall complete an in-person or online training program on the
management of asthma, the prevention of asthma symptoms, and
emergency response in the school setting. In consultation with
statewide professional organizations with expertise in asthma
management, the State Board of Education shall make available
resource materials for educating school personnel about asthma
and emergency response in the school setting.
(j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(l) Nothing in this Section shall limit the amount of
epinephrine auto-injectors that any type of school or student
may carry or maintain a supply of.
(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;
99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;
99-843, eff. 8-19-16; revised 9-8-16.)
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) For charters granted before January 1, 2017 (the
effective date of Public Act 99-840) this amendatory Act of the
99th General Assembly, a charter may be granted for a period
not less than 5 and not more than 10 school years. For charters
granted on or after January 1, 2017 (the effective date of
Public Act 99-840) this amendatory Act of the 99th General
Assembly, a charter shall be granted for a period of 5 school
years. For charters renewed before January 1, 2017 (the
effective date of Public Act 99-840) this amendatory Act of the
99th General Assembly, a charter may be renewed in incremental
periods not to exceed 5 school years. For charters renewed on
or after January 1, 2017 (the effective date of Public Act
99-840) this amendatory Act of the 99th General Assembly, a
charter may be renewed in incremental periods not to exceed 10
school years; however, the Commission may renew a charter only
in incremental periods not to exceed 5 years. Authorizers shall
ensure that every charter granted on or after January 1, 2017
(the effective date of Public Act 99-840) this amendatory Act
of the 99th General Assembly includes standards and goals for
academic, organizational, and financial performance. A charter
must meet all standards and goals for academic, organizational,
and financial performance set forth by the authorizer in order
to be renewed for a term in excess of 5 years but not more than
10 years. If an authorizer fails to establish standards and
goals, a charter shall not be renewed for a term in excess of 5
years. Nothing contained in this Section shall require an
authorizer to grant a full 10-year renewal term to any
particular charter school, but an authorizer may award a full
10-year renewal term to charter schools that have a
demonstrated track record of improving student performance.
(b) A charter school renewal proposal submitted to the
local school board or the Commission, as the chartering entity,
shall contain:
(1) A report on the progress of the charter school in
achieving the goals, objectives, pupil performance
standards, content standards, and other terms of the
initial approved charter proposal; and
(2) A financial statement that discloses the costs of
administration, instruction, and other spending categories
for the charter school that is understandable to the
general public and that will allow comparison of those
costs to other schools or other comparable organizations,
in a format required by the State Board.
(c) A charter may be revoked or not renewed if the local
school board or the Commission, as the chartering entity,
clearly demonstrates that the charter school did any of the
following, or otherwise failed to comply with the requirements
of this law:
(1) Committed a material violation of any of the
conditions, standards, or procedures set forth in the
charter.
(2) Failed to meet or make reasonable progress toward
achievement of the content standards or pupil performance
standards identified in the charter.
(3) Failed to meet generally accepted standards of
fiscal management.
(4) Violated any provision of law from which the
charter school was not exempted.
In the case of revocation, the local school board or the
Commission, as the chartering entity, shall notify the charter
school in writing of the reason why the charter is subject to
revocation. The charter school shall submit a written plan to
the local school board or the Commission, whichever is
applicable, to rectify the problem. The plan shall include a
timeline for implementation, which shall not exceed 2 years or
the date of the charter's expiration, whichever is earlier. If
the local school board or the Commission, as the chartering
entity, finds that the charter school has failed to implement
the plan of remediation and adhere to the timeline, then the
chartering entity shall revoke the charter. Except in
situations of an emergency where the health, safety, or
education of the charter school's students is at risk, the
revocation shall take place at the end of a school year.
Nothing in Public Act 96-105 this amendatory Act of the 96th
General Assembly shall be construed to prohibit an
implementation timetable that is less than 2 years in duration.
(d) (Blank).
(e) Notice of a local school board's decision to deny,
revoke, or not to renew a charter shall be provided to the
Commission and the State Board. The Commission may reverse a
local board's decision if the Commission finds that the charter
school or charter school proposal (i) is in compliance with
this Article, and (ii) is in the best interests of the students
it is designed to serve. The Commission may condition the
granting of an appeal on the acceptance by the charter school
of funding in an amount less than that requested in the
proposal submitted to the local school board. Final decisions
of the Commission shall be subject to judicial review under the
Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if
the Commission on appeal reverses a local board's decision or
if a charter school is approved by referendum, the Commission
shall act as the authorized chartering entity for the charter
school. The Commission shall approve the charter and shall
perform all functions under this Article otherwise performed by
the local school board. The State Board shall determine whether
the charter proposal approved by the Commission is consistent
with the provisions of this Article and, if the approved
proposal complies, certify the proposal pursuant to this
Article. The State Board shall report the aggregate number of
charter school pupils resident in a school district to that
district and shall notify the district of the amount of funding
to be paid by the State Board to the charter school enrolling
such students. The Commission shall require the charter school
to maintain accurate records of daily attendance that shall be
deemed sufficient to file claims under Section 18-8.05
notwithstanding any other requirements of that Section
regarding hours of instruction and teacher certification. The
State Board shall withhold from funds otherwise due the
district the funds authorized by this Article to be paid to the
charter school and shall pay such amounts to the charter
school.
(g) For charter schools authorized by the Commission, the
Commission shall quarterly certify to the State Board the
student enrollment for each of its charter schools.
(h) For charter schools authorized by the Commission, the
State Board shall pay directly to a charter school any federal
or State aid attributable to a student with a disability
attending the school.
(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17;
revised 10-27-16.)
(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
Sec. 30-14.2. MIA/POW scholarships.
(a) Any spouse, natural child, legally adopted child, or
step-child of an eligible veteran or serviceperson who
possesses all necessary entrance requirements shall, upon
application and proper proof, be awarded a MIA/POW Scholarship
consisting of the equivalent of 4 calendar years of full-time
enrollment including summer terms, to the state supported
Illinois institution of higher learning of his choice, subject
to the restrictions listed below.
"Eligible veteran or serviceperson" means any veteran or
serviceperson, including an Illinois National Guard member who
is on active duty or is active on a training assignment, who
has been declared by the U.S. Department of Defense or the U.S.
Department of Veterans Veterans' Affairs to be a prisoner of
war, be missing in action, have died as the result of a
service-connected disability or have become a person with a
permanent disability from service-connected causes with 100%
disability and who (i) at the time of entering service was an
Illinois resident, (ii) was an Illinois resident within 6
months after entering such service, or (iii) until July 1,
2014, became an Illinois resident within 6 months after leaving
the service and can establish at least 30 years of continuous
residency in the State of Illinois.
Full-time enrollment means 12 or more semester hours of
courses per semester, or 12 or more quarter hours of courses
per quarter, or the equivalent thereof per term. Scholarships
utilized by dependents enrolled in less than full-time study
shall be computed in the proportion which the number of hours
so carried bears to full-time enrollment.
Scholarships awarded under this Section may be used by a
spouse or child without regard to his or her age. The holder of
a Scholarship awarded under this Section shall be subject to
all examinations and academic standards, including the
maintenance of minimum grade levels, that are applicable
generally to other enrolled students at the Illinois
institution of higher learning where the Scholarship is being
used. If the surviving spouse remarries or if there is a
divorce between the veteran or serviceperson and his or her
spouse while the dependent is pursuing his or her course of
study, Scholarship benefits will be terminated at the end of
the term for which he or she is presently enrolled. Such
dependents shall also be entitled, upon proper proof and
application, to enroll in any extension course offered by a
State supported Illinois institution of higher learning
without payment of tuition and approved fees.
The holder of a MIA/POW Scholarship authorized under this
Section shall not be required to pay any matriculation or
application fees, tuition, activities fees, graduation fees or
other fees, except multipurpose building fees or similar fees
for supplies and materials.
Any dependent who has been or shall be awarded a MIA/POW
Scholarship shall be reimbursed by the appropriate institution
of higher learning for any fees which he or she has paid and
for which exemption is granted under this Section if
application for reimbursement is made within 2 months following
the end of the school term for which the fees were paid.
(b) In lieu of the benefit provided in subsection (a), any
spouse, natural child, legally adopted child, or step-child of
an eligible veteran or serviceperson, which spouse or child has
a physical, mental or developmental disability, shall be
entitled to receive, upon application and proper proof, a
benefit to be used for the purpose of defraying the cost of the
attendance or treatment of such spouse or child at one or more
appropriate therapeutic, rehabilitative or educational
facilities. The application and proof may be made by the parent
or legal guardian of the spouse or child on his or her behalf.
The total benefit provided to any beneficiary under this
subsection shall not exceed the cost equivalent of 4 calendar
years of full-time enrollment, including summer terms, at the
University of Illinois. Whenever practicable in the opinion of
the Department of Veterans' Affairs, payment of benefits under
this subsection shall be made directly to the facility, the
cost of attendance or treatment at which is being defrayed, as
such costs accrue.
(c) The benefits of this Section shall be administered by
and paid for out of funds made available to the Illinois
Department of Veterans' Affairs. The amounts that become due to
any state supported Illinois institution of higher learning
shall be payable by the Comptroller to such institution on
vouchers approved by the Illinois Department of Veterans'
Affairs. The amounts that become due under subsection (b) of
this Section shall be payable by warrant upon vouchers issued
by the Illinois Department of Veterans' Affairs and approved by
the Comptroller. The Illinois Department of Veterans' Affairs
shall determine the eligibility of the persons who make
application for the benefits provided for in this Section.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
revised 9-2-16.)
(105 ILCS 5/34-18.49)
Sec. 34-18.49. Carbon monoxide alarm required.
(a) In this Section:
"Approved carbon monoxide alarm" and "alarm" have the
meaning ascribed to those terms in the Carbon Monoxide Alarm
Detector Act.
"Carbon monoxide detector" and "detector" mean a device
having a sensor that responds to carbon monoxide gas and that
is connected to an alarm control unit and approved in
accordance with rules adopted by the State Fire Marshal.
(b) The board shall require that each school under its
authority be equipped with approved carbon monoxide alarms or
carbon monoxide detectors. The alarms must be powered as
follows:
(1) For a school designed before January 1, 2016 (the
effective date of Public Act 99-470) this amendatory Act of
the 99th General Assembly, alarms powered by batteries are
permitted. Alarms permanently powered by the building's
electrical system and monitored by any required fire alarm
system are also permitted.
(2) For a school designed on or after January 1, 2016
(the effective date of Public Act 99-470) this amendatory
Act of the 99th General Assembly, alarms must be
permanently powered by the building's electrical system or
be an approved carbon monoxide detection system. An
installation required in this subdivision (2) must be
monitored by any required fire alarm system.
Alarms or detectors must be located within 20 feet of a
carbon monoxide emitting device. Alarms or detectors must be in
operating condition and be inspected annually. A school is
exempt from the requirements of this Section if it does not
have or is not close to any sources of carbon monoxide. A
school must require plans, protocols, and procedures in
response to the activation of a carbon monoxide alarm or carbon
monoxide detection system.
(Source: P.A. 99-470, eff. 1-1-16; revised 9-6-16.)
(105 ILCS 5/34-18.50)
Sec. 34-18.50. Accelerate College pilot program. The
district may enter into an Accelerate College educational
partnership agreement as authorized under Section 3-42.4 of the
Public Community College Act.
(Source: P.A. 99-611, eff. 7-22-16.)
(105 ILCS 5/34-18.51)
Sec. 34-18.51 34-18.49. Committee on the retention of
students.
(a) The board may create a committee on the retention of
students. The committee shall consist of the general
superintendent of schools or his or her designee, a district
administrator who directs student instruction and curriculum,
a principal from a school of the district, and a teacher from a
school of the district.
(b) Prior to retention in a grade, a school may submit, by
a date as set by the committee on the retention of students,
the names of all students determined by the school to not
qualify for promotion to the next higher grade and the reason
for that determination. The committee shall review the school's
decision to retain with respect to each student and shall make
a final decision regarding whether or not to retain a
particular student. The committee shall take into
consideration the relevant data and evidence gathered during
the Response to Intervention process. The committee may vote to
overturn a retention decision if the committee determines that
the student should be promoted after examining the student's
access to remedial assistance, performance, attendance, and
participation and the resources and facilities provided by the
school district or due to the student having an undiagnosed
learning disability.
(Source: P.A. 99-592, eff. 7-22-16; revised 9-6-16.)
(105 ILCS 5/34-18.52)
Sec. 34-18.52 34-18.50. DCFS liaison.
(a) The board may appoint at least one employee to act as a
liaison to facilitate the enrollment and transfer of records of
students in the legal custody of the Department of Children and
Family Services when enrolling in or changing schools. The
board may appoint any employee of the school district who is
licensed under Article 21B of this Code to act as a liaison;
however, employees who meet any of the following criteria must
be prioritized for appointment:
(1) Employees who have worked with mobile student
populations or students in foster care.
(2) Employees who are familiar with enrollment, record
transfers, existing community services, and student
support services.
(3) Employees who serve as a high-level administrator.
(4) Employees who are counselors or have experience
with student counseling.
(5) Employees who are knowledgeable on child welfare
policies.
(6) Employees who serve as a school social worker.
(b) Liaisons under this Section are encouraged to build
capacity and infrastructure within the school district to
support students in the legal custody of the Department of
Children and Family Services. Liaison responsibilities may
include the following:
(1) streamlining the enrollment processes for students
in foster care;
(2) implementing student data tracking and monitoring
mechanisms;
(3) ensuring that students in the legal custody of the
Department of Children and Family Services receive all
school nutrition and meal programs available;
(4) coordinating student withdrawal from a school,
record transfers, and credit recovery;
(5) becoming experts on the foster care system and
State laws and policies in place that support children
under the legal custody of the Department of Children and
Family Services;
(6) coordinating with child welfare partners;
(7) providing foster care-related information and
training to the school district;
(8) working with the Department of Children and Family
Services to help students maintain their school placement,
if appropriate;
(9) reviewing student schedules to ensure that
students are on track to graduate;
(10) encouraging a successful transition into
adulthood and post-secondary opportunities;
(11) encouraging involvement in extracurricular
activities; and
(12) knowing what support is available within the
school district and community for students in the legal
custody of the Department of Children and Family Services.
(c) The school district is encouraged to designate a
liaison by the beginning of the 2017-2018 school year.
(d) Individuals licensed under Article 21B of this Code
acting as a liaison under this Section shall perform the duties
of a liaison in addition to existing contractual obligations.
(Source: P.A. 99-781, eff. 8-12-16; revised 10-18-16.)
(105 ILCS 5/34-54.2) (from Ch. 122, par. 34-54.2)
Sec. 34-54.2. Taxes levied in 1989 and 1990.
(a) All real property taxes levied by the board in 1989 and
1990 are confirmed and validated, and are declared to be and
are valid, in all respects as if they had been timely and
properly levied by the city council upon the demand and
direction of the Board. It shall not be a valid ground for any
person in any way to object to, protest, bring any proceeding
with regard to or defend against the collection of any such
taxes, that the taxes were levied by the board.
(b) The board may levy taxes against all taxable property
located within the city in an amount equal to all taxes
purported to be levied by the board in 1989 and in 1990, for
each purpose for which taxes were purported so to be levied, to
the extent those taxes shall not yet have been extended for
collection at the time of the levy authorized by this paragraph
(b). The taxes authorized to be levied by this paragraph (b)
shall be levied by a resolution of the board selected pursuant
to Public Act 86-1477 this amendatory Act of 1991. The
resolution shall be adopted upon concurrence of a majority of
the members of the board. The taxes levied pursuant to this
paragraph (b) shall be extended for collection in 1991 and
subsequent years and in amounts so that they do not exceed the
maximum rates at which taxes may be extended for the various
school purposes, all as shall be set forth in a certificate of
the controller of the board as provided in Section Sec. 34-54.1
of this the School Code, as amended. Taxes levied pursuant to
this paragraph (b) shall be in addition to all other taxes
which have been or may be levied by or for the board, except
that the extension of taxes levied pursuant to this paragraph
(b), to the extent valid and legal in all respects, shall be an
abatement of the same amount of taxes previously purported to
be levied by the board which were to have been extended in the
same year for the same purpose, it being the intention of the
General Assembly that there not be extended duplicate taxes for
the same year and purpose. It shall not be necessary that the
board give any notice or conduct any hearings for any purpose
whatsoever or to have adopted any proceedings with respect to
any budget, in connection with the levy and extension of taxes
pursuant to this paragraph (b). The board shall cause a
certified copy of its resolution levying taxes pursuant to this
paragraph (b) to be filed with the county clerk of each county
in which any taxable property in the city is located within 30
days after the adoption of the resolution.
(Source: P.A. 86-1477; revised 9-2-16.)
(105 ILCS 5/34A-404) (from Ch. 122, par. 34A-404)
Sec. 34A-404. Budgets. The Board shall develop and adopt
and submit to the Authority on or before February 1, 1980, for
approval by the Authority, a revised Budget for the remaining
portion of the Fiscal Year ending in 1980 and, thereafter, an
annual Budget for each Fiscal Year. After adoption by the
Board, the Board shall submit each Budget to the Authority for
its approval not later than 30 days prior to the commencement
of the Fiscal Year to which the Budget relates. The Authority
shall approve or reject the Budget within 15 days of its
receipt from the Board. No Budget shall have force or effect
without approval of the Authority. Each Budget shall be
developed, submitted, approved and monitored in accordance
with the following procedures:
(a) Each Budget submitted by the Board shall be based
upon revenue estimates approved or prepared by the
Authority, as provided in paragraph (a) of Section 34A-403
of this Article.
(b) Each Budget shall contain such information and
detail as may be prescribed by the Authority. The Authority
may also prescribe any reasonable time, standards,
procedures or forms for preparation and submission of the
Budget. Any deficit for the Fiscal Year ending in 1981 and
for any Fiscal Year thereafter shall be included as a
current expense item for the succeeding Fiscal Year.
(c)(1) The Authority shall approve each Budget if, in
its judgment, the Budget is complete, is reasonably capable
of being achieved, will meet the requirement set forth in
Section 34A-402 of this Article, and will be consistent
with the Financial Plan in effect. Otherwise, the Authority
shall reject the Budget. In the event of rejection, the
Authority may prescribe a procedure and standards for
revision of the Budget by the Board.
(c)(2) For any Fiscal Year, the Authority may approve a
provisional budget that, in its judgment, will satisfy the
standards of subdivision (c)(1) of this Section if,
notwithstanding the provisions of the Illinois Educational
Labor Relations Act or any other law to the contrary, the
amount appropriated therein for all spending for
operations shall not at any time, on an annualized basis,
exceed an Expenditure Limitation established by the
Authority. The Authority may establish and enforce,
including by exercise of its powers under Section
34A-409(b), such monitoring and control measures as it
deems necessary to assure that the commitments,
obligations, expenditures, and cash disbursements of the
Board continue to conform on an ongoing basis with any
Expenditure Limitation. No commitment, contract, or other
obligation of the Board in excess of the Expenditure
Limitation shall be legally binding, and any member of the
Board or any local school council, or officer, employee or
agent thereof, who violates the provisions of this Section
shall be subject to the provisions of Sections 34-52 and
34A-608. An Expenditure Limitation established by the
Authority shall remain in effect for that Fiscal Year or
until revoked by the Authority.
(d) The Board shall report to the Authority at such
times and in such manner as the Authority may direct,
concerning the Board's compliance with each Budget. The
Authority may review the Board's operations, obtain
budgetary data and financial statements, require the Board
to produce reports, and have access to any other
information in the possession of the Board that the
Authority deems relevant. The Authority may issue
recommendations or directives within its powers to the
Board to assure compliance with the Budget. The Board shall
produce such budgetary data, financial statements, reports
and other information and comply with such directives.
(e) After approval of each Budget, the Board shall
promptly notify the Authority of any material change in the
revenue or expenditure estimates in the Budget. The Board
may submit to the Authority, or the Authority may require
the Board to submit, a supplemental Budget. The Authority
shall approve or reject each supplemental Budget pursuant
to paragraph (c) of this Section.
(Source: P.A. 88-511; revised 9-2-16.)
Section 335. The Education for Homeless Children Act is
amended by changing Section 1-10 as follows:
(105 ILCS 45/1-10)
Sec. 1-10. Choice of schools.
(a) When a child loses permanent housing and becomes a
homeless person within the meaning of Section 1-5 5, or when a
homeless child changes his or her temporary living
arrangements, the parents or guardians of the homeless child
shall have the option of either:
(1) continuing the child's education in the school of
origin for as long as the child remains homeless or, if the
child becomes permanently housed, until the end of the
academic year during which the housing is acquired; or
(2) enrolling the child in any school that nonhomeless
students who live in the attendance area in which the child
or youth is actually living are eligible to attend.
(Source: P.A. 88-634, eff. 1-1-95; revised 10-25-16.)
Section 340. The Speech Rights of Student Journalists Act
is amended by changing Section 5 as follows:
(105 ILCS 80/5)
Sec. 5. Definitions. As used in this Act:
"School official" means a school's principal or his or her
designee."
"School-sponsored media" means any material that is
prepared, substantially written, published, or broadcast by a
student journalist at a public school, distributed or generally
made available to members of the student body, and prepared
under the direction of a student media adviser.
School-sponsored media does not include media intended for
distribution or transmission solely in the classroom in which
the media is produced.
"Student journalist" means a public high school student who
gathers, compiles, writes, edits, photographs, records, or
prepares information for dissemination in school-sponsored
media.
"Student media adviser" means an individual employed,
appointed, or designated by a school district to supervise or
provide instruction relating to school-sponsored media.
(Source: P.A. 99-678, eff. 7-29-16; revised 10-25-16.)
Section 345. The Career and Workforce Transition Act is
amended by changing Section 5 as follows:
(110 ILCS 151/5)
Sec. 5. Definitions. In this Act:
"Board" means the Illinois Community College Board.
"Institution" means a non-degree granting institution that
is regulated and approved by the Board of Higher Education
under the Private Business and Vocational Schools Act of 2012
and that is nationally accredited by an accreditor approved by
the U.S. Department of Education.
(Source: P.A. 99-468, eff. 1-1-16; revised 10-25-16.)
Section 350. The University of Illinois Construction
Financing Act is amended by changing Section 1 as follows:
(110 ILCS 415/1) (from Ch. 144, par. 68)
Sec. 1. For the purpose of obtaining a grant or inducing
the making of a grant by the United States or any agency
thereof (herein called the "Government") or a grant, gift or
loan by or from any person or corporation, to aid in financing
the acquiring, constructing or equipping of any one or more, or
all university, college, or educational building or buildings
(herein called the "project") on which the Board of Trustees of
the University of Illinois (herein called the "Board") shall
enter into a year-to-year year to year or other lease, or be
given the privilege to enter into any such lease, the Board
shall have the following powers in addition to those conferred
by other laws:
1. To create a trust or trusts (the trustee or trustees
thereunder being herein called the "active trustee" ') for
the purpose of acquiring, constructing, equipping any one
or more, or all, such projects and providing for the use
thereof during such period as the Board may determine and
for other purposes, which trust may be for exclusively
university or other public educational purposes; to
convey, upon such terms as it may determine, any of its
property to an active trustee to be held in trust under the
terms and provisions of the trust agreement relating
thereto;
2. To enter into trust agreements creating trusts which
shall be and constitute charitable trusts and shall not be
subject to the rule against perpetuities, providing the
powers and duties of the active trustee, which may consist
of such powers and duties as the Board may deem necessary
or convenient to accomplish the purposes of the trust,
including, without limiting the generality of the
foregoing, the power of such active trustee:
(a) to construct, reconstruct, improve, alter and
repair any such project; to hold, manage, operate, use,
insure, lease or rent any project;
(b) to issue negotiable bonds, notes or interim
receipts (herein called the "bonds") maturing over a
period not exceeding 30 years for the purpose of aiding
in financing any project and to make covenants securing
the bonds or relating to the bonds and the disposition
and use of the proceeds thereof;
(c) to secure such bonds by an indenture to a
trustee or trustees for the holders of such bonds
(herein called the "bondholders' trustee") providing
the rights and powers of such trustee and of the
bondholders, their respective rights to enforce the
payment of the bonds or any covenants securing or
relating to same, which shall not, however, include the
right to forfeit or obtain title to the project through
foreclosure proceedings or otherwise; to covenant as
to events of default, the consequences thereof and the
conditions upon which bonds may become or be declared
due before maturity;
(d) to confer upon the bondholders' trustee the
power, in case of a default under the bonds or
indenture securing same, to enforce the payments of all
sums due under leases of any project, to compel the
performance of any covenants or conditions therein, to
take possession, use, operate, manage and control any
project and collect and dispose of the rents therefrom;
in the event that such powers are conferred upon the
bondholders' trustee, same may be exercised by it
without its forfeiting or obtaining title to the
project through foreclosure proceedings or otherwise;
(e) to confer upon the bondholders' trustee the
power, in case of a default under the bonds or
indenture securing same, to lease, use or operate a
project for purposes other than those for which the
active trustee itself may lease, use or operate same;
the conferring of such power upon the bondholders'
trustee shall not, however, affect the validity or
exclusively public educational character of a trust or
the property held by the active trustee thereunder;
(f) to execute all instruments and contracts and to
do all things necessary or convenient to carry out the
powers conferred by such trust agreement.
3. To enter into agreements creating or authorizing the
creation of special funds for moneys held for the
construction of any project and to covenant as to the use
and disposition of the moneys held in such funds;
4. To enter into a year-to-year year to year or other
lease on any such projects, with the privilege in the Board
of terminating or not renewing such lease for any year or
years, upon giving such notice as may be prescribed in such
lease; such lease shall be in such form, with such rental,
terms, parties and conditions as the Board may determine;
to obtain options to lease any such projects from year to
year, and to exercise such options; to vest in its lessor
and in a trustee for the holders of bonds issued by its
lessor, the right by mandamus, injunction, civil action or
proceedings, to enforce the payment by the Board of any
sums due under any such lease or to compel its performance
of any covenants or conditions contained therein;
5. To agree with the Government that if the Board
leases any such project or projects from an active trustee,
a bondholders' trustee or otherwise, the Board shall pledge
for the payment of its rentals or the performance of its
obligations under any such lease its own receipts,
collections or trust funds thereunto available (herein
called "funds") which it is authorized by law to retain in
its own treasury for the performance of any contract or
undertaking with the Government or any person in connection
with any grant, advance, loan, trust agreement or contract
for the erection of a building or buildings; to pledge and
use said funds for the payment of its rents or for the
performance of its obligations under any such lease;
provided, however, that the aggregate amount pledged by the
Board for the payment in any year of rentals or obligations
under such lease or leases of any project for the
construction of which the Government makes both a loan and
a grant together with all sums pledged for the payment in
any such year of other obligations incurred by the Board
under the University of Illinois Works Projects Act "An Act
to authorize the Board of Trustees of the University of
Illinois to enter into contracts with the United States for
the erection of buildings and improvements, pursuant to
Public Resolution 11, 74th Congress, First Session, House
Joint Resolution 117, approved by the President of the
United States April 8, 1935, at 4:00 p.m., and to authorize
the financing of such improvements in conformity with such
resolution, the National Industrial Recovery Act, and such
other Acts of Congress enacted for the purpose of aiding
the processes of national recovery," approved July 11,
1935, or this Act, or under both such Acts, for the
construction of which the Government makes both a loan and
a grant, and including the Congressional Resolution
approved June 29, 1937, as amended June 21, 1938, known as
Federal Public Buildings Appropriation Act of 1938, and
other acts of the United States Congress heretofore or
hereafter enacted for the purpose of providing public
buildings for the States and governmental agencies
thereof, shall not exceed the sum of $100,000; to covenant
against pledging all or any part of said receipts or
collections or permitting or suffering any lien thereon;
6. To create a trust or trusts, in which the Board
itself may serve as trustee, for the acquisition, through
lease, purchase or construction, and for maintenance and
operation of self-liquidating buildings, such as a student
center building or student residence halls, or both,
through the collection of service charges or rentals from
students, and for whose use such funds shall be held by the
Board in its own treasury, which service charges or rentals
shall be so held in trust by the Board and expended solely
for the purpose described in the instruments creating the
trust or trusts;
7. To exercise all or any part or combination of the
powers herein granted and to execute all instruments and
contracts and to do all things necessary or convenient to
carry out the powers herein granted; provided, however,
that the obligations under leases, trust agreements or
otherwise incurred by the Board pursuant to this Act shall
not be a debt of the State of Illinois and the State shall
not be liable thereon, and provided further that the bonds
and other obligations of an active trustee appointed
hereunder by the Board shall not be a debt of the Board or
the State and neither the Board nor the State shall be
liable thereon, and the bonds shall in substance so recite.
The obligations under leases, trust agreements or
otherwise incurred hereunder by the Board and the bonds or
other obligations of an active trustee appointed hereunder
shall not constitute an indebtedness within the meaning of
any constitutional or other debt limitation or
restriction.
(Source: P.A. 83-345; revised 9-2-16.)
Section 355. The Higher Education Student Assistance Act is
amended by changing Sections 90 and 135 as follows:
(110 ILCS 947/90)
Sec. 90. State income tax refund and other payment
intercept. The Commission may provide by rule for
certification to the Comptroller: (a) of delinquent or
defaulted amounts due and owing owning from a borrower on any
loan guaranteed by the Commission under this Act or on any
"eligible loan" as that term is defined under the Educational
Loan Purchase Program Law; and (b) of any amounts recoverable
under Section 120 in a civil action from a person who received
a scholarship, grant, monetary award, or guaranteed loan. The
purpose of certification shall be to intercept State income tax
refunds and other payments due such borrowers and persons in
order to satisfy, in whole or in part: (i) delinquent or
defaulted amounts due and owing from any such borrower on any
such guaranteed or eligible loan; and (ii) amounts recoverable
from a person against whom a civil action will lie under the
provisions of Section 120. The rule shall provide for notice to
any such borrower or person affected, and any final
administrative decision rendered by the Commission with
respect to any certification made pursuant to this Section
shall be reviewed only under and in accordance with the
Administrative Review Law.
(Source: P.A. 87-997; revised 9-2-16.)
(110 ILCS 947/135)
Sec. 135. Definitions. In this Act, and except to the
extent that any of the following words or phrases is
specifically qualified by its context:
(a) "Purchase Program" means the Commission exercising its
power to establish a secondary market for certain loans of
borrowers by the purchase thereof with the proceeds from the
sale of the bonds of the Commission issued pursuant to this
Act, with the earnings received by the Commission from any
authorized investment, or with eligible loan receipts.
(b) "Eligible loans" means loans of borrowers made,
purchased, or guaranteed by or transferred to the Commission,
including but not limited to loans on which:
(1) the borrower is contractually delinquent in his
repayment obligations within time limitations specified by
the Commission; or
(2) the borrower is temporarily unable to meet his
repayment obligations for reasons of unemployment, or
financial, medical or other hardship as determined by the
Commission; or
(3) the borrower has at least one loan held by the
Commission under the Purchase Program; or
(4) the borrower's lender, because of the bankruptcy of
that lender, is no longer able or the Commission otherwise
determines that such lender is no longer able to
satisfactorily service the borrower's loan or fulfill the
borrower's credit needs under the Commission's program; or
(5) the borrower has defaulted on his loan, but has
subsequently established a satisfactory repayment history
under the rules of the Commission; and notwithstanding the
limitations of this Act, the Purchase Program shall have
the authority to purchase those defaulted accounts in order
to restore the borrower's credit rating and continued
eligibility for benefits under other Federal student
assistance programs.
Nothing in this Act shall be construed to prohibit the
Commission from making or purchasing any category of loans if
the Commission determines that the making or purchasing of such
loans would tend to make more loans available to eligible
borrowers.
Nothing in this Act shall be construed to excuse the holder
of an eligible loan from exercising reasonable care and
diligence in the making and collecting of such loans. If the
Commission finds that the lender has substantially failed to
exercise that care and diligence, the Commission shall
disqualify the lender from participation in Commission
programs until the Commission is satisfied that the lender's
failure has ceased and finds that there is reasonable assurance
that the lender will in the future exercise necessary care and
diligence and comply with the rules and regulations of the
Commission.
(c) "Eligible loan receipts" means any of the following:
(1) Principal, accrued interest, late charges and
other sums paid on eligible loans held by the Commission.
(2) Reimbursements paid by the federal government, the
State of Illinois, the Commission exercising its power to
guarantee the loans of borrowers, or any other source held
by the Commission.
(3) Accruing interest payments and special allowance
payments paid by the federal government pursuant to the
Higher Education Act of 1965. or any other federal statute
providing for federal payment of interest and special
allowances on loans or by any other source on eligible
loans held by the Commission.
(4) Any other sums paid by any source to the Commission
on or for eligible loans held by the Commission.
(d) "Bonds" means bonds, notes, and other evidences of
borrowing of the Commission.
(Source: P.A. 88-553; 89-442, eff. 12-21-95; revised 9-2-16.)
Section 360. The Savings Bank Act is amended by changing
Sections 4013, 5001, and 9002.5 as follows:
(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
Sec. 4013. Access to books and records; communication with
members and shareholders.
(a) Every member or shareholder shall have the right to
inspect books and records of the savings bank that pertain to
his accounts. Otherwise, the right of inspection and
examination of the books and records shall be limited as
provided in this Act, and no other person shall have access to
the books and records nor shall be entitled to a list of the
members or shareholders.
(b) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1) a
document granting signature authority over a deposit or
account; (2) a statement, ledger card, or other record on any
deposit or account that shows each transaction in or with
respect to that account; (3) a check, draft, or money order
drawn on a savings bank or issued and payable by a savings
bank; or (4) any other item containing information pertaining
to any relationship established in the ordinary course of a
savings bank's business between a savings bank and its
customer, including financial statements or other financial
information provided by the member or shareholder.
(c) This Section does not prohibit:
(1) The preparation, examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of a savings bank having custody of
records or examination of records by a certified public
accountant engaged by the savings bank to perform an
independent audit.
(2) The examination of any financial records by, or the
furnishing of financial records by a savings bank to, any
officer, employee, or agent of the Commissioner of Banks
and Real Estate or the federal depository institution
regulator for use solely in the exercise of his duties as
an officer, employee, or agent.
(3) The publication of data furnished from financial
records relating to members or holders of capital where the
data cannot be identified to any particular member,
shareholder, or account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of
(i) credit information between a savings bank and other
savings banks or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency or (ii) financial records or information derived
from financial records between a savings bank and other
savings banks or financial institutions or commercial
enterprises for the purpose of conducting due diligence
pursuant to a purchase or sale involving the savings bank
or assets or liabilities of the savings bank.
(7) The furnishing of information to the appropriate
law enforcement authorities where the savings bank
reasonably believes it has been the victim of a crime.
(8) The furnishing of information pursuant to the
Uniform Disposition of Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal "Currency and Foreign Transactions Reporting Act",
(Title 31, United States Code, Section 1051 et seq.).
(11) The furnishing of information pursuant to any
other statute which by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order.
(12) The furnishing of information in accordance with
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any savings bank governed by
this Act shall enter into an agreement for data exchanges
with a State agency provided the State agency pays to the
savings bank a reasonable fee not to exceed its actual cost
incurred. A savings bank providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the savings bank in
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence or
willful misconduct. A savings bank shall have no obligation
to hold, encumber, or surrender assets until it has been
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(13) The furnishing of information to law enforcement
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the investigatory
entity or the guardian, or (ii) if there is suspicion by
the savings bank that a customer who is an elderly person
or person with a disability has been or may become the
victim of financial exploitation. For the purposes of this
item (13), the term: (i) "elderly person" means a person
who is 60 or more years of age, (ii) "person with a
disability" means a person who has or reasonably appears to
the savings bank to have a physical or mental disability
that impairs his or her ability to seek or obtain
protection from or prevent financial exploitation, and
(iii) "financial exploitation" means tortious or illegal
use of the assets or resources of an elderly person or
person with a disability, and includes, without
limitation, misappropriation of the assets or resources of
the elderly person or person with a disability by undue
influence, breach of fiduciary relationship, intimidation,
fraud, deception, extortion, or the use of assets or
resources in any manner contrary to law. A savings bank or
person furnishing information pursuant to this item (13)
shall be entitled to the same rights and protections as a
person furnishing information under the Adult Protective
Services Act and the Illinois Domestic Violence Act of
1986.
(14) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the member or
holder of capital, or in connection with:
(A) servicing or processing a financial product or
service requested or authorized by the member or holder
of capital;
(B) maintaining or servicing an account of a member
or holder of capital with the savings bank; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a member or holder
of capital.
Nothing in this item (14), however, authorizes the sale
of the financial records or information of a member or
holder of capital without the consent of the member or
holder of capital.
(15) The exchange in the regular course of business of
information between a savings bank and any commonly owned
affiliate of the savings bank, subject to the provisions of
the Financial Institutions Insurance Sales Law.
(16) The disclosure of financial records or
information as necessary to protect against or prevent
actual or potential fraud, unauthorized transactions,
claims, or other liability.
(17)(a) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(b)(1) For purposes of this paragraph (17) of
subsection (c) of Section 4013, a "private label credit
program" means a credit program involving a financial
institution and a private label party that is used by a
customer of the financial institution and the private label
party primarily for payment for goods or services sold,
manufactured, or distributed by a private label party.
(2) For purposes of this paragraph (17) of subsection
(c) of Section 4013, a "private label party" means, with
respect to a private label credit program, any of the
following: a retailer, a merchant, a manufacturer, a trade
group, or any such person's affiliate, subsidiary, member,
agent, or service provider.
(d) A savings bank may not disclose to any person, except
to the member or holder of capital or his duly authorized
agent, any financial records relating to that member or
shareholder of the savings bank unless:
(1) the member or shareholder has authorized
disclosure to the person; or
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order that meets the requirements of
subsection (e) of this Section.
(e) A savings bank shall disclose financial records under
subsection (d) of this Section pursuant to a lawful subpoena,
summons, warrant, citation to discover assets, or court order
only after the savings bank mails a copy of the subpoena,
summons, warrant, citation to discover assets, or court order
to the person establishing the relationship with the savings
bank, if living, and otherwise, his personal representative, if
known, at his last known address by first class mail, postage
prepaid, unless the savings bank is specifically prohibited
from notifying the person by order of court.
(f) Any officer or employee of a savings bank who knowingly
and willfully furnishes financial records in violation of this
Section is guilty of a business offense and, upon conviction,
shall be fined not more than $1,000.
(g) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a savings bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(h) If any member or shareholder desires to communicate
with the other members or shareholders of the savings bank with
reference to any question pending or to be presented at an
annual or special meeting, the savings bank shall give that
person, upon request, a statement of the approximate number of
members or shareholders entitled to vote at the meeting and an
estimate of the cost of preparing and mailing the
communication. The requesting member shall submit the
communication to the Commissioner who, upon finding it to be
appropriate and truthful, shall direct that it be prepared and
mailed to the members upon the requesting member's or
shareholder's payment or adequate provision for payment of the
expenses of preparation and mailing.
(i) A savings bank shall be reimbursed for costs that are
necessary and that have been directly incurred in searching
for, reproducing, or transporting books, papers, records, or
other data of a customer required to be reproduced pursuant to
a lawful subpoena, warrant, citation to discover assets, or
court order.
(j) Notwithstanding the provisions of this Section, a
savings bank may sell or otherwise make use of lists of
customers' names and addresses. All other information
regarding a customer's account are subject to the disclosure
provisions of this Section. At the request of any customer,
that customer's name and address shall be deleted from any list
that is to be sold or used in any other manner beyond
identification of the customer's accounts.
(Source: P.A. 98-49, eff. 7-1-13; 99-143, eff. 7-27-15; revised
9-14-16.)
(205 ILCS 205/5001) (from Ch. 17, par. 7305-1)
Sec. 5001. Minimum capital.
(a) A savings saving bank may be organized to exercise the
powers conferred by this Act with minimum capital, surplus, and
reserves for operating expenses as determined by the
Commissioner. In no case may the Commissioner establish
requirements for insured savings banks at a level less than
that required for insurance of accounts. For any savings bank
other than those resulting from conversion from an existing
financial institution to one operating under this Act, the
Commissioner must establish capital requirements no less
stringent than those required of banks chartered under the
Illinois Banking Act.
(b) No savings bank may commence business until it has
capital as required by the Federal Deposit Insurance
Corporation.
(c) Each depository institution converting to a savings
bank, before declaration of a dividend on its capital stock,
must maintain the minimum capital standards as required by the
Federal Deposit Insurance Corporation.
(Source: P.A. 90-301, eff. 8-1-97; revised 9-14-16.)
(205 ILCS 205/9002.5)
Sec. 9002.5. Regulatory fees.
(a) For the fiscal year beginning July 1, 2007 and every
year thereafter, each savings bank and each service corporation
operating under this Act shall pay in quarterly installments
equal to one-fourth of a fixed fee of $520, plus a variable fee
based on the total assets of the savings bank or service
corporation, as shown in the quarterly report of condition, at
the following rates:
24.97¢ per $1,000 of the first $2,000,000 of total
assets;
22.70¢ per $1,000 of the next $3,000,000 of total
assets;
20.43¢ per $1,000 of the next $5,000,000 of total
assets;
17.025¢ per $1,000 of the next $15,000,000 of total
assets;
14.755¢ per $1,000 of the next $25,000,000 of total
assets;
12.485¢ per $1,000 of the next $50,000,000 of total
assets;
10.215¢ per $1,000 of the next $400,000,000 of total
assets;
6.81¢ per $1,000 of the next $500,000,000 of total
assets; and
4.54¢ per $1,000 of all total assets in excess of
$1,000,000,000 of such savings bank or service
corporation.
As used in this Section, "quarterly report of condition"
means the Report of Condition and Income (Call Report), which
the Secretary requires.
(b) (Blank).
(c) The Secretary shall receive and there shall be paid to
the Secretary by each savings bank and each service corporation
a fee of $520 for each approved branch office or facility
office established under the Illinois Administrative Code. The
determination of the fees shall be made annually as of the
close of business of the prior calendar year ended December 31.
(d) The Secretary shall receive for each fiscal year,
commencing with the fiscal year ending June 30, 2014, a
contingent fee equal to the lesser of the aggregate of the fees
paid by all savings banks under subsections (a), (b), and (c)
of this Section for that year, or the amount, if any, whereby
the aggregate of the administration expenses, as defined in
subsection (c) of Section 9002.1 of this Act, for that fiscal
year exceeds the sum of the aggregate of the fees payable by
all savings banks for that year under subsections (a), (b), and
(c) of this Section, plus any amounts transferred into the
Savings Bank Regulatory Fund from the State Pensions Fund for
that year, plus all other amounts collected by the Secretary
for that year under any other provision of this Act. The
aggregate amount of the contingent fee thus arrived at for any
fiscal year shall be apportioned amongst, assessed upon, and
paid by the savings banks, respectively, in the same proportion
that the fee of each under subsections (a), (b), and (c) of
this Section, respectively, for that year bears to the
aggregate for that year of the fees collected under subsections
(a), (b), and (c) of this Section. The aggregate amount of the
contingent fee, and the portion thereof to be assessed upon
each savings bank, respectively, shall be determined by the
Secretary and shall be paid by each, respectively, within 120
days of the close of the period for which the contingent fee is
computed and is payable, and the Secretary shall give 20 days'
days advance notice of the amount of the contingent fee payable
by the savings bank and of the date fixed by the Secretary for
payment of the fee.
(Source: P.A. 98-1081, eff. 1-1-15; 99-39, eff. 1-1-16; revised
9-14-16.)
Section 365. The Illinois Credit Union Act is amended by
changing Sections 12, 34.1, 46, and 57.1 as follows:
(205 ILCS 305/12) (from Ch. 17, par. 4413)
Sec. 12. Regulatory fees.
(1) For the fiscal year beginning July 1, 2007, a credit
union regulated by the Department shall pay a regulatory fee to
the Department based upon its total assets as shown by its
Year-end Call Report at the following rates or at a lesser rate
established by the Secretary in a manner proportionately
consistent with the following rates and sufficient to fund the
actual administrative and operational expenses of the
Department's Credit Union Section pursuant to subsection (4) of
this Section:
TOTAL ASSETSREGULATORY FEE
$25,000 or less ................$100
Over $25,000 and not over
$100,000 .......................$100 plus $4 per
$1,000 of assets in excess of
$25,000
Over $100,000 and not over
$200,000 .......................$400 plus $3 per
$1,000 of assets in excess of
$100,000
Over $200,000 and not over
$500,000 .......................$700 plus $2 per
$1,000 of assets in excess of
$200,000
Over $500,000 and not over
$1,000,000 .....................$1,300 plus $1.40
per $1,000 of assets in excess
of $500,000
Over $1,000,000 and not
over $5,000,000.................$2,000 plus $0.50
per $1,000 of assets in
excess of $1,000,000
Over $5,000,000 and not
over $30,000,000 ............... $4,540 plus $0.397
per $1,000 of assets
in excess of $5,000,000
Over $30,000,000 and not over
$100,000,000....................$14,471 plus $0.34
per $1,000 of assets
in excess of $30,000,000
Over $100,000,000 and not
over $500,000,000 ..............$38,306 plus $0.17
per $1,000 of assets
in excess of $100,000,000
Over $500,000,000 ..............$106,406 plus $0.056
per $1,000 of assets
in excess of $500,000,000
(2) The Secretary shall review the regulatory fee schedule
in subsection (1) and the projected earnings on those fees on
an annual basis and adjust the fee schedule no more than 5%
annually if necessary to defray the estimated administrative
and operational expenses of the Credit Union Section of the
Department as defined in subsection (5). However, the fee
schedule shall not be increased if the amount remaining in the
Credit Union Fund at the end of any fiscal year is greater than
25% of the total actual and operational expenses incurred by
the State in administering and enforcing the Illinois Credit
Union Act and other laws, rules, and regulations as may apply
to the administration and enforcement of the foregoing laws,
rules, and regulations as amended from time to time for the
preceding fiscal year. The regulatory fee for the next fiscal
year shall be calculated by the Secretary based on the credit
union's total assets as of December 31 of the preceding
calendar year. The Secretary shall provide credit unions with
written notice of any adjustment made in the regulatory fee
schedule.
(3) A credit union shall pay to the Department a regulatory
fee in quarterly installments equal to one-fourth of the
regulatory fee due in accordance with the regulatory fee
schedule in subsection (1), on the basis of assets as of the
Year-end Call Report of the preceding calendar year. The total
annual regulatory fee shall not be less than $100 or more than
$141,875, provided that the regulatory fee cap of $141,875
shall be adjusted to incorporate the same percentage increase
as the Secretary makes in the regulatory fee schedule from time
to time under subsection (2). No regulatory fee shall be
collected from a credit union until it has been in operation
for one year. The regulatory fee shall be billed to credit
unions on a quarterly basis and it shall be payable by credit
unions on the due date for the Call Report for the subject
quarter.
(4) The aggregate of all fees collected by the Department
under this Act shall be paid promptly after they are received,
accompanied by a detailed statement thereof, into the State
Treasury and shall be set apart in the Credit Union Fund, a
special fund hereby created in the State treasury. The amount
from time to time deposited in the Credit Union Fund and shall
be used to offset the ordinary administrative and operational
expenses of the Credit Union Section of the Department under
this Act. All earnings received from investments of funds in
the Credit Union Fund shall be deposited into the Credit Union
Fund and may be used for the same purposes as fees deposited
into that fund. Moneys deposited in the Credit Union Fund may
be transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
Notwithstanding provisions in the State Finance Act, as now
or hereafter amended, or any other law to the contrary, the
Governor may, during any fiscal year through January 10, 2011,
from time to time direct the State Treasurer and Comptroller to
transfer a specified sum not exceeding 10% of the revenues to
be deposited into the Credit Union Fund during that fiscal year
from that Fund to the General Revenue Fund in order to help
defray the State's operating costs for the fiscal year.
Notwithstanding provisions in the State Finance Act, as now or
hereafter amended, or any other law to the contrary, the total
sum transferred from the Credit Union Fund to the General
Revenue Fund pursuant to this provision shall not exceed during
any fiscal year 10% of the revenues to be deposited into the
Credit Union Fund during that fiscal year. The State Treasurer
and Comptroller shall transfer the amounts designated under
this Section as soon as may be practicable after receiving the
direction to transfer from the Governor.
(5) The administrative and operational expenses for any
fiscal year shall mean the ordinary and contingent expenses for
that year incidental to making the examinations provided for
by, and for administering, this Act, including all salaries and
other compensation paid for personal services rendered for the
State by officers or employees of the State to enforce this
Act; all expenditures for telephone and telegraph charges,
postage and postal charges, office supplies and services,
furniture and equipment, office space and maintenance thereof,
travel expenses and other necessary expenses; all to the extent
that such expenditures are directly incidental to such
examination or administration.
(6) When the balance in the Credit Union Fund at the end of
a fiscal year exceeds 25% of the total administrative and
operational expenses incurred by the State in administering and
enforcing the Illinois Credit Union Act and other laws, rules,
and regulations as may apply to the administration and
enforcement of the foregoing laws, rules, and regulations as
amended from time to time for that fiscal year, such excess
shall be credited to credit unions and applied against their
regulatory fees for the subsequent fiscal year. The amount
credited to each credit union shall be in the same proportion
as the regulatory fee paid by such credit union for the fiscal
year in which the excess is produced bears to the aggregate
amount of all fees collected by the Department under this Act
for the same fiscal year.
(7) (Blank).
(8) Nothing in this Act shall prohibit the General Assembly
from appropriating funds to the Department from the General
Revenue Fund for the purpose of administering this Act.
(9) For purposes of this Section, "fiscal year" means a
period beginning on July 1 of any calendar year and ending on
June 30 of the next calendar year.
(Source: P.A. 97-133, eff. 1-1-12; revised 9-14-16.)
(205 ILCS 305/34.1)
Sec. 34.1. Compliance review.
(a) As used in this Section:
"Affiliate" means an organization established to serve the
needs of credit unions, the business of which relates to the
daily operations of credit unions.
"Compliance review committee" means:
(1) one or more persons appointed by the board of
directors or supervisory committee of a credit union for
the purposes set forth in subsection (b); or
(2) any other person to the extent the person acts in
an investigatory capacity at the direction of a compliance
review committee.
"Compliance review documents" means documents prepared in
connection with a review or evaluation conducted by or for a
compliance review committee.
"Person" means an individual, a group of individuals, a
board committee, a partnership, a firm, an association, a
corporation, or any other entity.
(b) This Section applies to compliance review committees
whose functions are to evaluate and seek to improve any of the
following:
(1) loan policies or underwriting standards;
(2) asset quality;
(3) financial reporting to federal or State
governmental or regulatory agencies; or
(4) compliance with federal or State statutory or
regulatory requirements.
(c) Except as provided in subsection (d), compliance review
documents and the deliberations of the compliance review
committee are privileged and confidential and are
nondiscoverable and nonadmissible.
(1) Compliance review documents are privileged and
confidential and are not subject to discovery or admissible
in evidence in any civil action.
(2) Individuals serving on compliance review
committees or acting under the direction of a compliance
review committee shall not be required to testify in any
civil action about the contents of any compliance review
document or conclusions of any compliance review committee
or about the actions taken by a compliance review
committee.
(3) An affiliate of a credit union, a credit union
regulatory agency, and the insurer of credit union share
accounts shall have access to compliance review documents,
provided that (i) the documents shall remain confidential
and are not subject to discovery from such entity and (ii)
delivery of compliance review documents to an affiliate or
pursuant to the requirements of a credit union regulatory
agency or an insurer of credit union share accounts shall
not constitute a waiver of the privilege granted in this
Section.
(d) This Section does not apply to: (1) compliance review
committees on which individuals serving on or at the direction
of the compliance review committee have management
responsibility for the operations, records, employees, or
activities being examined or evaluated by the compliance review
committee and (2) any civil or administrative action initiated
by a credit union regulatory agency or an insurer of credit
union share accounts.
(e) This Section shall not be construed to limit the
discovery or admissibility in any civil action of any documents
other than compliance review documents or to require the
appointment of a compliance review committee.
(Source: P.A. 90-665, eff. 7-30-98; revised 9-14-16.)
(205 ILCS 305/46) (from Ch. 17, par. 4447)
Sec. 46. Loans and interest rate.
(1) A credit union may make loans to its members for such
purpose and upon such security and terms, including rates of
interest, as the credit committee, credit manager, or loan
officer approves. Notwithstanding the provisions of any other
law in connection with extensions of credit, a credit union may
elect to contract for and receive interest and fees and other
charges for extensions of credit subject only to the provisions
of this Act and rules promulgated under this Act, except that
extensions of credit secured by residential real estate shall
be subject to the laws applicable thereto. The rates of
interest to be charged on loans to members shall be set by the
board of directors of each individual credit union in
accordance with Section 30 of this Act and such rates may be
less than, but may not exceed, the maximum rate set forth in
this Section. A borrower may repay his loan prior to maturity,
in whole or in part, without penalty. A prepayment penalty does
not include a waived, bona fide third-party charge that the
credit union imposes if the borrower prepays all of the
transaction's principal sooner than 36 months after
consummation of a closed-end credit transaction, a waived, bona
fide third-party charge that the credit union imposes if the
borrower terminates an open-end credit plan sooner than 36
months after account opening, or a yield maintenance fee
imposed on a business loan transaction. The credit contract may
provide for the payment by the member and receipt by the credit
union of all costs and disbursements, including reasonable
attorney's fees and collection agency charges, incurred by the
credit union to collect or enforce the debt in the event of a
delinquency by the member, or in the event of a breach of any
obligation of the member under the credit contract. A
contingency or hourly arrangement established under an
agreement entered into by a credit union with an attorney or
collection agency to collect a loan of a member in default
shall be presumed prima facie reasonable.
(2) Credit unions may make loans based upon the security of
any interest or equity in real estate, subject to rules and
regulations promulgated by the Secretary. In any contract or
loan which is secured by a mortgage, deed of trust, or
conveyance in the nature of a mortgage, on residential real
estate, the interest which is computed, calculated, charged, or
collected pursuant to such contract or loan, or pursuant to any
regulation or rule promulgated pursuant to this Act, may not be
computed, calculated, charged or collected for any period of
time occurring after the date on which the total indebtedness,
with the exception of late payment penalties, is paid in full.
For purposes of this subsection (2) of this Section 46, a
prepayment shall mean the payment of the total indebtedness,
with the exception of late payment penalties if incurred or
charged, on any date before the date specified in the contract
or loan agreement on which the total indebtedness shall be paid
in full, or before the date on which all payments, if timely
made, shall have been made. In the event of a prepayment of the
indebtedness which is made on a date after the date on which
interest on the indebtedness was last computed, calculated,
charged, or collected but before the next date on which
interest on the indebtedness was to be calculated, computed,
charged, or collected, the lender may calculate, charge and
collect interest on the indebtedness for the period which
elapsed between the date on which the prepayment is made and
the date on which interest on the indebtedness was last
computed, calculated, charged or collected at a rate equal to
1/360 of the annual rate for each day which so elapsed, which
rate shall be applied to the indebtedness outstanding as of the
date of prepayment. The lender shall refund to the borrower any
interest charged or collected which exceeds that which the
lender may charge or collect pursuant to the preceding
sentence. Public Act 84-941 January 1, 1986 (Public Act 84-941)
(3) (Blank).
(4) Notwithstanding any other provisions of this Act, a
credit union authorized under this Act to make loans secured by
an interest or equity in real property may engage in making
revolving credit loans secured by mortgages or deeds of trust
on such real property or by security assignments of beneficial
interests in land trusts.
For purposes of this Section, "revolving credit" has the
meaning defined in Section 4.1 of the Interest Act.
Any mortgage or deed of trust given to secure a revolving
credit loan may, and when so expressed therein shall, secure
not only the existing indebtedness but also such future
advances, whether such advances are obligatory or to be made at
the option of the lender, or otherwise, as are made within
twenty years from the date thereof, to the same extent as if
such future advances were made on the date of the execution of
such mortgage or deed of trust, although there may be no
advance made at the time of execution of such mortgage or other
instrument, and although there may be no indebtedness
outstanding at the time any advance is made. The lien of such
mortgage or deed of trust, as to third persons without actual
notice thereof, shall be valid as to all such indebtedness and
future advances form the time said mortgage or deed of trust is
filed for record in the office of the recorder of deeds or the
registrar of titles of the county where the real property
described therein is located. The total amount of indebtedness
that may be so secured may increase or decrease from time to
time, but the total unpaid balance so secured at any one time
shall not exceed a maximum principal amount which must be
specified in such mortgage or deed of trust, plus interest
thereon, and any disbursements made for the payment of taxes,
special assessments, or insurance on said real property, with
interest on such disbursements.
Any such mortgage or deed of trust shall be valid and have
priority over all subsequent liens and encumbrances, including
statutory liens, except taxes and assessments levied on said
real property.
(4-5) For purposes of this Section, "real estate" and "real
property" include a manufactured home as defined in subdivision
(53) of Section 9-102 of the Uniform Commercial Code which is
real property as defined in Section 5-35 of the Conveyance and
Encumbrance of Manufactured Homes as Real Property and
Severance Act.
(5) Compliance with federal or Illinois preemptive laws or
regulations governing loans made by a credit union chartered
under this Act shall constitute compliance with this Act.
(6) Credit unions may make residential real estate mortgage
loans on terms and conditions established by the United States
Department of Agriculture through its Rural Development
Housing and Community Facilities Program. The portion of any
loan in excess of the appraised value of the real estate shall
be allocable only to the guarantee fee required under the
program.
(7) For a renewal, refinancing, or restructuring of an
existing loan at the credit union that is secured by an
interest or equity in real estate, a new appraisal of the
collateral shall not be required when (i) no new moneys are
advanced other than funds necessary to cover reasonable closing
costs, or (ii) there has been no obvious or material change in
market conditions or physical aspects of the real estate that
threatens the adequacy of the credit union's real estate
collateral protection after the transaction, even with the
advancement of new moneys. The Department reserves the right to
require an appraisal under this subsection (7) whenever the
Department believes it is necessary to address safety and
soundness concerns.
(Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14;
99-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16;
99-614, eff. 7-22-16; 99-642, eff. 7-28-16; revised 10-20-16.)
(205 ILCS 305/57.1)
Sec. 57.1. Services to other credit unions. (a) A credit
union may act as a representative of and enter into an
agreement with credit unions or other organizations for the
purposes of:
(1) sharing, utilizing, renting, leasing, purchasing,
selling, and joint ownership of fixed assets or engaging in
activities and services that relate to the daily operations
of credit unions; and
(2) providing correspondent services to other credit
unions that the service provider credit union is authorized
to perform for its own members or as part of its
operations, including, but not limited to, loan
processing, loan servicing, member check cashing services,
disbursing share withdrawals and loan proceeds, cashing
and selling money orders, ACH and wire transfer services,
implementation and administrative support services related
to the use of debit cards, payroll debit cards, and other
prepaid debit cards and credit cards, coin and currency
services, performing internal audits, and automated teller
machine deposit services.
(Source: P.A. 98-784, eff. 7-24-14; 99-78, eff. 7-20-15;
99-149, eff. 1-1-16; revised 9-14-16.)
Section 370. The Transmitters of Money Act is amended by
changing Section 90 as follows:
(205 ILCS 657/90)
Sec. 90. Enforcement.
(a) If it appears to the Director that a person has
committed or is about to commit a violation of this Act, a rule
promulgated under this Act, or an order of the Director, the
Director may apply to the circuit court for an order enjoining
the person from violating or continuing to violate this Act,
the rule, or order and for injunctive or other relief that the
nature of the case may require and may, in addition, request
the court to assess a civil penalty up to $1,000 along with
costs and attorney fees.
(b) If the Director finds, after an investigation that he
considers appropriate, that a licensee or other person is
engaged in practices contrary to this Act or to the rules
promulgated under this Act, the Director may issue an order
directing the licensee or person to cease and desist the
violation. The Director may, in addition to or without the
issuance of a cease and desist order, assess an administrative
penalty up to $1,000 against a licensee for each violation of
this Act or the rules promulgated under this Act. The issuance
of an order under this Section shall not be a prerequisite to
the taking of any action by the Director under this or any
other Section of this Act. The Director shall serve notice of
his action, including a statement of the reasons for his
actions, either personally or by certified mail, return receipt
requested. Service by mail shall be deemed completed if the
notice is deposited in the post office, postage paid, addressed
to the last known address for a license.
(c) In the case of the issuance of a cease and desist order
or assessment order, a hearing may be requested in writing
within 30 days after the date of service. The hearing shall be
held at the time and place designated by the Director in either
the City of Springfield or the City of Chicago. The Director
and any administrative law judge designated by him shall have
the power to administer oaths and affirmations, subpoena
witnesses and compel their attendance, take evidence,
authorize the taking of depositions, and require the production
of books, papers, correspondence, and other records or
information that he considers relevant or material to the
inquiry.
(d) After the Director's final determination under a
hearing under this Section, a party to the proceedings whose
interests are affected by the Director's final determination
shall be entitled to judicial review of that final
determination under the Administrative Review Law.
(e) The costs for administrative hearings shall be set by
rule.
(f) Except as otherwise provided in this Act, a violation
of this Act shall subject to the party violating it to a fine
of $1,000 for each offense.
(g) Each transaction in violation of this Act or the rules
promulgated under this Act and each day that a violation
continues shall be a separate offense.
(h) A person who engages in conduct requiring a license
under this Act and fails to obtain a license from the Director
or knowingly makes a false statement, misrepresentation, or
false certification in an application, financial statement,
account record, report, or other document filed or required to
be maintained or filed under this Act or who knowingly makes a
false entry or omits a material entry in a document is guilty
of a Class 3 felony.
(i) The Director is authorized to compromise, settle, and
collect civil penalties and administrative penalties, as set by
rule, with any person for violations of this Act or of any rule
or order issued or promulgated under this Act. Any person who,
without the required license, engages in conduct requiring a
license under this Act shall be liable to the Department in an
amount equal to the greater of (i) $5,000 or (ii) an amount of
money accepted for transmission plus an amount equal to 3 times
the amount accepted for transmission. The Department shall
cause any funds so recovered to be deposited in the TOMA
Consumer Protection Fund.
(j) The Director may enter into consent orders at any time
with a person to resolve a matter arising under this Act. A
consent order must be signed by the person to whom it is issued
and must indicate agreement to the terms contained in it. A
consent order need not constitute an admission by a person that
this Act or a rule or order issued or promulgated under this
Act has been violated, nor need it constitute a finding by the
Director that the person has violated this Act or a rule or
order promulgated under this Act.
(k) Notwithstanding the issuance of a consent order, the
Director may seek civil or criminal penalties or compromise
civil penalties concerning matter encompassed by the consent
order unless the consent order by its terms expressly precludes
the Director from doing so.
(l) Appeals from all final orders and judgments entered by
the circuit court under this Section in review of a decision of
the Director may be taken as in other civil actions by any
party to the proceeding.
(Source: P.A. 93-535, eff. 1-1-04; revised 9-14-16.)
Section 375. The Debt Management Service Act is amended by
changing Section 2 as follows:
(205 ILCS 665/2) (from Ch. 17, par. 5302)
Sec. 2. Definitions. As used in this Act:
"Credit counselor" means an individual, corporation, or
other entity that is not a debt management service that
provides (1) guidance, educational programs, or advice for the
purpose of addressing budgeting, personal finance, financial
literacy, saving and spending practices, or the sound use of
consumer credit; or (2) assistance or offers to assist
individuals and families with financial problems by providing
counseling; or (3) a combination of the activities described in
items (1) and (2) of this definition.
"Debt management service" means the planning and
management of the financial affairs of a debtor for a fee and
the receiving of money from the debtor for the purpose of
distributing it to the debtor's creditors in payment or partial
payment of the debtor's obligations or soliciting financial
contributions from creditors. The business of debt management
is conducted in this State if the debt management business, its
employees, or its agents are located in this State or if the
debt management business solicits or contracts with debtors
located in this State. "Debt management service" does not
include "debt settlement service" as defined in the Debt
Settlement Consumer Protection Act.
This term shall not include the following when engaged in
the regular course of their respective businesses and
professions:
(a) Attorneys at law licensed, or otherwise authorized
to practice, in Illinois who are engaged in the practice of
law.
(b) Banks, operating subsidiaries of banks, affiliates
of banks, fiduciaries, credit unions, savings and loan
associations, and savings banks as duly authorized and
admitted to transact business in the State of Illinois and
performing credit and financial adjusting service in the
regular course of their principal business.
(c) Title insurers, title agents, independent
escrowees, and abstract companies, while doing an escrow
business.
(d) Judicial officers or others acting pursuant to
court order.
(e) Employers for their employees, except that no
employer shall retain the services of an outside debt
management service to perform this service unless the debt
management service is licensed pursuant to this Act..
(f) Bill payment services, as defined in the
Transmitters of Money Act.
(g) Credit counselors, only when providing services
described in the definition of credit counselor in this
Section.
"Debtor" means the person or persons for whom the debt
management service is performed.
"Person" means an individual, firm, partnership,
association, limited liability company, corporation, or
not-for-profit corporation.
"Licensee" means a person licensed under this Act.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 95-331, eff. 8-21-07; 96-1420, eff. 8-3-10;
revised 9-14-16.)
Section 380. The Illinois Clinical Laboratory and Blood
Bank Act is amended by changing Section 7-109 as follows:
(210 ILCS 25/7-109) (from Ch. 111 1/2, par. 627-109)
Sec. 7-109. Designated donors.
(a) Each blood bank may allow a recipient of blood to
designate a donor of his choice, for the purpose of receiving
red cells, under the following conditions:
(1) the recipient, or someone on his behalf, has
solicited the donors;
(2) the designated donor consents to the donation;
(3) the designated donor's blood may be obtained in
sufficient time to meet the health care needs of the
recipient;
(4) the designated donor is qualified to donate blood
under the criteria for donor selection promulgated by the
federal Food and Drug Administration; and
(5) the blood of the donor is acceptable for the
patient's medical needs.
(b) Blood donated for designated use shall be reserved for
the designated recipient; however, if it has not been used
within 7 days from the day of donation, it may be used for any
other medically appropriate purpose.
(c) This Section shall not limit other procedures blood
banks may establish to enable directed donations.
(Source: P.A. 97-264, eff. 8-5-11; revised 9-8-16.)
Section 385. The Nursing Home Care Act is amended by
changing Sections 3-303.1 and 3-306 as follows:
(210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)
Sec. 3-303.1. Upon application by a facility, the Director
may grant or renew the waiver of the facility's compliance with
a rule or standard for a period not to exceed the duration of
the current license or, in the case of an application for
license renewal, the duration of the renewal period. The waiver
may be conditioned upon the facility taking action prescribed
by the Director as a measure equivalent to compliance. In
determining whether to grant or renew a waiver, the Director
shall consider the duration and basis for any current waiver
with respect to the same rule or standard and the validity and
effect upon patient health and safety of extending it on the
same basis, the effect upon the health and safety of residents,
the quality of resident care, the facility's history of
compliance with the rules and standards of this Act, and the
facility's attempts to comply with the particular rule or
standard in question. The Department may provide, by rule, for
the automatic renewal of waivers concerning physical plant
requirements upon the renewal of a license. The Department
shall renew waivers relating to physical plant standards issued
pursuant to this Section at the time of the indicated reviews,
unless it can show why such waivers should not be extended for
the following reasons:
(a) the condition of the physical plant has deteriorated or
its use substantially changed so that the basis upon which the
waiver was issued is materially different; or
(b) the facility is renovated or substantially remodeled in
such a way as to permit compliance with the applicable rules
and standards without substantial increase in cost.
A copy of each waiver application and each waiver granted
or renewed shall be on file with the Department and available
for public inspection. The Director shall annually review such
file and recommend to the Long-Term Long Term Care Facility
Advisory Board any modification in rules or standards suggested
by the number and nature of waivers requested and granted and
the difficulties faced in compliance by similarly situated
facilities.
(Source: P.A. 85-1216; revised 10-26-16.)
(210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306)
Sec. 3-306. In determining whether a penalty is to be
imposed and in determining the amount of the penalty to be
imposed, if any, for a violation, the Director shall consider
the following factors:
(1) the The gravity of the violation, including the
probability that death or serious physical or mental harm
to a resident will result or has resulted; the severity of
the actual or potential harm, and the extent to which the
provisions of the applicable statutes or regulations were
violated;
(2) the The reasonable diligence exercised by the
licensee and efforts to correct violations; .
(3) any Any previous violations committed by the
licensee; and
(4) the The financial benefit to the facility of
committing or continuing the violation.
(Source: P.A. 96-1372, eff. 7-29-10; revised 9-8-16.)
Section 390. The MC/DD Act is amended by changing Section
3-318 as follows:
(210 ILCS 46/3-318)
Sec. 3-318. Business offenses.
(a) No person shall:
(1) intentionally Intentionally fail to correct or
interfere with the correction of a Type "AA", Type "A", or
Type "B" violation within the time specified on the notice
or approved plan of correction under this Act as the
maximum period given for correction, unless an extension is
granted and the corrections are made before expiration of
extension;
(2) intentionally Intentionally prevent, interfere
with, or attempt to impede in any way any duly authorized
investigation and enforcement of this Act;
(3) intentionally Intentionally prevent or attempt to
prevent any examination of any relevant books or records
pertinent to investigations and enforcement of this Act;
(4) intentionally Intentionally prevent or interfere
with the preservation of evidence pertaining to any
violation of this Act or the rules promulgated under this
Act;
(5) intentionally Intentionally retaliate or
discriminate against any resident or employee for
contacting or providing information to any state official,
or for initiating, participating in, or testifying in an
action for any remedy authorized under this Act;
(6) willfully Willfully file any false, incomplete or
intentionally misleading information required to be filed
under this Act, or willfully fail or refuse to file any
required information;
(7) open Open or operate a facility without a license;
or
(8) intentionally Intentionally retaliate or
discriminate against any resident for consenting to
authorized electronic monitoring under the Authorized
Electronic Monitoring in Long-Term Care Facilities Act;
or .
(9) prevent Prevent the installation or use of an
electronic monitoring device by a resident who has provided
the facility with notice and consent as required in Section
20 of the Authorized Electronic Monitoring in Long-Term
Care Facilities Act.
(b) A violation of this Section is a business offense,
punishable by a fine not to exceed $10,000, except as otherwise
provided in subsection (2) of Section 3-103 as to submission of
false or misleading information in a license application.
(c) The State's Attorney of the county in which the
facility is located, or the Attorney General, shall be notified
by the Director of any violations of this Section.
(Source: P.A. 99-180, eff. 7-29-15; 99-784, eff. 1-1-17;
revised 10-26-16.)
Section 395. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Sections 1-102 and 4-201 as
follows:
(210 ILCS 49/1-102)
Sec. 1-102. Definitions. For the purposes of this Act,
unless the context otherwise requires:
"Abuse" means any physical or mental injury or sexual
assault inflicted on a consumer other than by accidental means
in a facility.
"Accreditation" means any of the following:
(1) the Joint Commission;
(2) the Commission on Accreditation of Rehabilitation
Facilities;
(3) the Healthcare Facilities Accreditation Program;
or
(4) any other national standards of care as approved by
the Department.
"Applicant" means any person making application for a
license or a provisional license under this Act.
"Consumer" means a person, 18 years of age or older,
admitted to a mental health rehabilitation facility for
evaluation, observation, diagnosis, treatment, stabilization,
recovery, and rehabilitation.
"Consumer" does not mean any of the following:
(i) an individual requiring a locked setting;
(ii) an individual requiring psychiatric
hospitalization because of an acute psychiatric crisis;
(iii) an individual under 18 years of age;
(iv) an individual who is actively suicidal or violent
toward others;
(v) an individual who has been found unfit to stand
trial;
(vi) an individual who has been found not guilty by
reason of insanity based on committing a violent act, such
as sexual assault, assault with a deadly weapon, arson, or
murder;
(vii) an individual subject to temporary detention and
examination under Section 3-607 of the Mental Health and
Developmental Disabilities Code;
(viii) an individual deemed clinically appropriate for
inpatient admission in a State psychiatric hospital; and
(ix) an individual transferred by the Department of
Corrections pursuant to Section 3-8-5 of the Unified Code
of Corrections.
"Consumer record" means a record that organizes all
information on the care, treatment, and rehabilitation
services rendered to a consumer in a specialized mental health
rehabilitation facility.
"Controlled drugs" means those drugs covered under the
federal Comprehensive Drug Abuse Prevention Control Act of
1970, as amended, or the Illinois Controlled Substances Act.
"Department" means the Department of Public Health.
"Discharge" means the full release of any consumer from a
facility.
"Drug administration" means the act in which a single dose
of a prescribed drug or biological is given to a consumer. The
complete act of administration entails removing an individual
dose from a container, verifying the dose with the prescriber's
orders, giving the individual dose to the consumer, and
promptly recording the time and dose given.
"Drug dispensing" means the act entailing the following of
a prescription order for a drug or biological and proper
selection, measuring, packaging, labeling, and issuance of the
drug or biological to a consumer.
"Emergency" means a situation, physical condition, or one
or more practices, methods, or operations which present
imminent danger of death or serious physical or mental harm to
consumers of a facility.
"Facility" means a specialized mental health
rehabilitation facility that provides at least one of the
following services: (1) triage center; (2) crisis
stabilization; (3) recovery and rehabilitation supports; or
(4) transitional living units for 3 or more persons. The
facility shall provide a 24-hour program that provides
intensive support and recovery services designed to assist
persons, 18 years or older, with mental disorders to develop
the skills to become self-sufficient and capable of increasing
levels of independent functioning. It includes facilities that
meet the following criteria:
(1) 100% of the consumer population of the facility has
a diagnosis of serious mental illness;
(2) no more than 15% of the consumer population of the
facility is 65 years of age or older;
(3) none of the consumers are non-ambulatory;
(4) none of the consumers have a primary diagnosis of
moderate, severe, or profound intellectual disability; and
(5) the facility must have been licensed under the
Specialized Mental Health Rehabilitation Act or the
Nursing Home Care Act immediately preceding July 22, 2013
(the effective date of this Act) and qualifies as an a
institute for mental disease under the federal definition
of the term.
"Facility" does not include the following:
(1) a home, institution, or place operated by the
federal government or agency thereof, or by the State of
Illinois;
(2) a hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and
operation as organized facilities therefor which is
required to be licensed under the Hospital Licensing Act;
(3) a facility for child care as defined in the Child
Care Act of 1969;
(4) a community living facility as defined in the
Community Living Facilities Licensing Act;
(5) a nursing home or sanatorium operated solely by and
for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well-recognized church or religious
denomination; however, such nursing home or sanatorium
shall comply with all local laws and rules relating to
sanitation and safety;
(6) a facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;
(7) a supportive residence licensed under the
Supportive Residences Licensing Act;
(8) a supportive living facility in good standing with
the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01
of the Nursing Home Care Act;
(9) an assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act,
except only for purposes of the employment of persons in
accordance with Section 3-206.01 of the Nursing Home Care
Act;
(10) an Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act;
(11) a home, institution, or other place operated by or
under the authority of the Illinois Department of Veterans'
Affairs;
(12) a facility licensed under the ID/DD Community Care
Act;
(13) a facility licensed under the Nursing Home Care
Act after July 22, 2013 (the effective date of this Act);
or
(14) a facility licensed under the MC/DD Act.
"Executive director" means a person who is charged with the
general administration and supervision of a facility licensed
under this Act.
"Guardian" means a person appointed as a guardian of the
person or guardian of the estate, or both, of a consumer under
the Probate Act of 1975.
"Identified offender" means a person who meets any of the
following criteria:
(1) Has been convicted of, found guilty of, adjudicated
delinquent for, found not guilty by reason of insanity for,
or found unfit to stand trial for, any felony offense
listed in Section 25 of the Health Care Worker Background
Check Act, except for the following:
(i) a felony offense described in Section 10-5 of
the Nurse Practice Act;
(ii) a felony offense described in Section 4, 5, 6,
8, or 17.02 of the Illinois Credit Card and Debit Card
Act;
(iii) a felony offense described in Section 5, 5.1,
5.2, 7, or 9 of the Cannabis Control Act;
(iv) a felony offense described in Section 401,
401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
Controlled Substances Act; and
(v) a felony offense described in the
Methamphetamine Control and Community Protection Act.
(2) Has been convicted of, adjudicated delinquent for,
found not guilty by reason of insanity for, or found unfit
to stand trial for, any sex offense as defined in
subsection (c) of Section 10 of the Sex Offender Management
Board Act.
"Transitional living units" are residential units within a
facility that have the purpose of assisting the consumer in
developing and reinforcing the necessary skills to live
independently outside of the facility. The duration of stay in
such a setting shall not exceed 120 days for each consumer.
Nothing in this definition shall be construed to be a
prerequisite for transitioning out of a facility.
"Licensee" means the person, persons, firm, partnership,
association, organization, company, corporation, or business
trust to which a license has been issued.
"Misappropriation of a consumer's property" means the
deliberate misplacement, exploitation, or wrongful temporary
or permanent use of a consumer's belongings or money without
the consent of a consumer or his or her guardian.
"Neglect" means a facility's failure to provide, or willful
withholding of, adequate medical care, mental health
treatment, psychiatric rehabilitation, personal care, or
assistance that is necessary to avoid physical harm and mental
anguish of a consumer.
"Personal care" means assistance with meals, dressing,
movement, bathing, or other personal needs, maintenance, or
general supervision and oversight of the physical and mental
well-being of an individual who is incapable of maintaining a
private, independent residence or who is incapable of managing
his or her person, whether or not a guardian has been appointed
for such individual. "Personal care" shall not be construed to
confine or otherwise constrain a facility's pursuit to develop
the skills and abilities of a consumer to become
self-sufficient and capable of increasing levels of
independent functioning.
"Recovery and rehabilitation supports" means a program
that facilitates a consumer's longer-term symptom management
and stabilization while preparing the consumer for
transitional living units by improving living skills and
community socialization. The duration of stay in such a setting
shall be established by the Department by rule.
"Restraint" means:
(i) a physical restraint that is any manual method or
physical or mechanical device, material, or equipment
attached or adjacent to a consumer's body that the consumer
cannot remove easily and restricts freedom of movement or
normal access to one's body; devices used for positioning,
including, but not limited to, bed rails, gait belts, and
cushions, shall not be considered to be restraints for
purposes of this Section; or
(ii) a chemical restraint that is any drug used for
discipline or convenience and not required to treat medical
symptoms; the Department shall, by rule, designate certain
devices as restraints, including at least all those devices
that have been determined to be restraints by the United
States Department of Health and Human Services in
interpretive guidelines issued for the purposes of
administering Titles XVIII and XIX of the federal Social
Security Act. For the purposes of this Act, restraint shall
be administered only after utilizing a coercive free
environment and culture.
"Self-administration of medication" means consumers shall
be responsible for the control, management, and use of their
own medication.
"Crisis stabilization" means a secure and separate unit
that provides short-term behavioral, emotional, or psychiatric
crisis stabilization as an alternative to hospitalization or
re-hospitalization for consumers from residential or community
placement. The duration of stay in such a setting shall not
exceed 21 days for each consumer.
"Therapeutic separation" means the removal of a consumer
from the milieu to a room or area which is designed to aid in
the emotional or psychiatric stabilization of that consumer.
"Triage center" means a non-residential 23-hour center
that serves as an alternative to emergency room care,
hospitalization, or re-hospitalization for consumers in need
of short-term crisis stabilization. Consumers may access a
triage center from a number of referral sources, including
family, emergency rooms, hospitals, community behavioral
health providers, federally qualified health providers, or
schools, including colleges or universities. A triage center
may be located in a building separate from the licensed
location of a facility, but shall not be more than 1,000 feet
from the licensed location of the facility and must meet all of
the facility standards applicable to the licensed location. If
the triage center does operate in a separate building, safety
personnel shall be provided, on site, 24 hours per day and the
triage center shall meet all other staffing requirements
without counting any staff employed in the main facility
building.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
99-180, eff. 7-29-15; revised 9-8-16.)
(210 ILCS 49/4-201)
Sec. 4-201. Accreditation and licensure. At the end of the
provisional licensure period established in Part 1 of this
Article 4, the Department shall license a facility as a
specialized mental health rehabilitation facility under this
Act that successfully completes and obtains valid national
accreditation in behavioral health from a recognized national
accreditation entity and complies with licensure standards as
established by the Department of Public Health in
administrative rule. Rules governing licensure standards shall
include, but not be limited to, appropriate fines and sanctions
associated with violations of laws or regulations. The
following shall be considered to be valid national
accreditation in behavioral health from a an national
accreditation entity:
(1) the Joint Commission;
(2) the Commission on Accreditation of Rehabilitation
Facilities;
(3) the Healthcare Facilities Accreditation Program;
or
(4) any other national standards of care as approved by
the Department.
(Source: P.A. 98-104, eff. 7-22-13; 99-712, eff. 8-5-16;
revised 10-26-16.)
Section 400. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.40 and 3.220 as follows:
(210 ILCS 50/3.40)
Sec. 3.40. EMS System Participation Suspensions and Due
Process.
(a) An EMS Medical Director may suspend from participation
within the System any EMS personnel, EMS Lead Instructor (LI),
individual, individual provider or other participant
considered not to be meeting the requirements of the Program
Plan of that approved EMS System.
(b) Prior to suspending any individual or entity, an EMS
Medical Director shall provide an opportunity for a hearing
before the local System review board in accordance with
subsection (f) and the rules promulgated by the Department.
(1) If the local System review board affirms or
modifies the EMS Medical Director's suspension order, the
individual or entity shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(2) If the local System review board reverses or
modifies the EMS Medical Director's order, the EMS Medical
Director shall have the opportunity for a review of the
local board's decision by the State EMS Disciplinary Review
Board, pursuant to Section 3.45 of this Act.
(3) The suspension shall commence only upon the
occurrence of one of the following:
(A) the individual or entity has waived the
opportunity for a hearing before the local System
review board; or
(B) the order has been affirmed or modified by the
local system review board and the individual or entity
has waived the opportunity for review by the State
Board; or
(C) the order has been affirmed or modified by the
local system review board, and the local board's
decision has been affirmed or modified by the State
Board.
(c) An EMS Medical Director may immediately suspend an EMR,
EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other
individual or entity if he or she finds that the continuation
in practice by the individual or entity would constitute an
imminent danger to the public. The suspended individual or
entity shall be issued an immediate verbal notification
followed by a written suspension order by the EMS Medical
Director which states the length, terms and basis for the
suspension.
(1) Within 24 hours following the commencement of the
suspension, the EMS Medical Director shall deliver to the
Department, by messenger, telefax, or other
Department-approved electronic communication, a copy of
the suspension order and copies of any written materials
which relate to the EMS Medical Director's decision to
suspend the individual or entity. All medical and
patient-specific information, including Department
findings with respect to the quality of care rendered,
shall be strictly confidential pursuant to the Medical
Studies Act (Part 21 of Article VIII of the Code of Civil
Procedure).
(2) Within 24 hours following the commencement of the
suspension, the suspended individual or entity may deliver
to the Department, by messenger, telefax, or other
Department-approved electronic communication, a written
response to the suspension order and copies of any written
materials which the individual or entity feels are
appropriate. All medical and patient-specific information,
including Department findings with respect to the quality
of care rendered, shall be strictly confidential pursuant
to the Medical Studies Act.
(3) Within 24 hours following receipt of the EMS
Medical Director's suspension order or the individual or
entity's written response, whichever is later, the
Director or the Director's designee shall determine
whether the suspension should be stayed pending an
opportunity for a hearing or review in accordance with this
Act, or whether the suspension should continue during the
course of that hearing or review. The Director or the
Director's designee shall issue this determination to the
EMS Medical Director, who shall immediately notify the
suspended individual or entity. The suspension shall
remain in effect during this period of review by the
Director or the Director's designee.
(d) Upon issuance of a suspension order for reasons
directly related to medical care, the EMS Medical Director
shall also provide the individual or entity with the
opportunity for a hearing before the local System review board,
in accordance with subsection (f) and the rules promulgated by
the Department.
(1) If the local System review board affirms or
modifies the EMS Medical Director's suspension order, the
individual or entity shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(2) If the local System review board reverses or
modifies the EMS Medical Director's suspension order, the
EMS Medical Director shall have the opportunity for a
review of the local board's decision by the State EMS
Disciplinary Review Board, pursuant to Section 3.45 of this
Act.
(3) The suspended individual or entity may elect to
bypass the local System review board and seek direct review
of the EMS Medical Director's suspension order by the State
EMS Disciplinary Review Board.
(e) The Resource Hospital shall designate a local System
review board in accordance with the rules of the Department,
for the purpose of providing a hearing to any individual or
entity participating within the System who is suspended from
participation by the EMS Medical Director. The EMS Medical
Director shall arrange for a certified shorthand reporter to
make a stenographic record of that hearing and thereafter
prepare a transcript of the proceedings. The transcript, all
documents or materials received as evidence during the hearing
and the local System review board's written decision shall be
retained in the custody of the EMS system. The System shall
implement a decision of the local System review board unless
that decision has been appealed to the State Emergency Medical
Services Disciplinary Review Board in accordance with this Act
and the rules of the Department.
(f) The Resource Hospital shall implement a decision of the
State Emergency Medical Services Disciplinary Review Board
which has been rendered in accordance with this Act and the
rules of the Department.
(Source: P.A. 98-973, eff. 8-15-14; revised 9-8-16.)
(210 ILCS 50/3.220)
Sec. 3.220. EMS Assistance Fund.
(a) There is hereby created an "EMS Assistance Fund" within
the State treasury, for the purpose of receiving fines and fees
collected by the Illinois Department of Public Health pursuant
to this Act.
(b) (Blank).
(b-5) All licensing, testing, and certification fees
authorized by this Act, excluding ambulance licensure fees,
within this fund shall be used by the Department for
administration, oversight, and enforcement of activities
authorized under this Act.
(c) All other moneys within this fund shall be distributed
by the Department to the EMS Regions for disbursement in
accordance with protocols established in the EMS Region Plans,
for the purposes of organization, development and improvement
of Emergency Medical Services Systems, including but not
limited to training of personnel and acquisition, modification
and maintenance of necessary supplies, equipment and vehicles.
(d) All fees and fines collected pursuant to this Act shall
be deposited into the EMS Assistance Fund, except that all fees
collected under Section 3.86 in connection with the licensure
of stretcher van providers shall be deposited into the
Stretcher Van Licensure Fund.
(Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11;
revised 9-8-16.)
Section 405. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section
10.01 as follows:
(210 ILCS 55/10.01) (from Ch. 111 1/2, par. 2810.01)
Sec. 10.01. All fines shall be paid to the Department
within 10 days of the notice of assessment or, if the fine is
contested under Section 10 of this Act, within 10 days of the
receipt of the final decision, unless the decision is appealed
and the order is stayed by court order under Section 12 of this
Act. A fine assessed under this Act shall be collected by the
Department. If the licensee against whom the fine has been
assessed does not comply with a written demand for payment
within 30 days, the Director shall issue an order to do any of
the following:
(a) certify to the Comptroller, as provided by rule of
the Department of delinquent fines due and owing from the
licensee or any amounts due and owing as a result of a
civil action pursuant to subsection (d) of this Section.
The purpose of certification shall be to intercept State
income tax refunds and other payments due such licensee in
order to satisfy, in whole or in part, any delinquent fines
or amounts recoverable in a civil action brought pursuant
to subsection (d) of this Section. The rule shall provide
for notice to any such licensee or person affected. Any
final administrative decision rendered by the Department
with respect to any certification made pursuant to this
subsection (a) shall be reviewed only under and in
accordance with the Administrative Review Law; .
(b) certify to the Social Security Administration, as
provided by rule of the Department, of delinquent fines due
and owing from the licensee or any amounts due and owing as
a result of a civil action pursuant to subsection (d) of
this Section. The purpose of certification shall be to
request the Social Security Administration to intercept
and remit to the Department Medicaid reimbursement
payments due such licensee in order to satisfy, in whole or
in part, any delinquent fines or amounts recoverable in a
civil action brought pursuant to subsection (d) of this
Section. The rules shall provide for notice to any such
licensee or person affected. Any final administrative
decision rendered by the Department with respect to any
certification made pursuant to this subsection (b) shall be
reviewed only under and in accordance with the
Administrative Review Law; .
(c) add the amount of the penalty to the agency's
licensing fee; if the licensee refuses to make the payment
at the time of application for renewal of its license, the
license shall not be renewed; or
(d) bring an action in circuit court to recover the
amount of the penalty.
(Source: P.A. 94-379, eff. 1-1-06; revised 9-8-16.)
Section 410. The Hospital Licensing Act is amended by
changing Sections 10 and 10.8 as follows:
(210 ILCS 85/10) (from Ch. 111 1/2, par. 151)
Sec. 10. Board creation; Department rules.
(a) The Governor shall appoint a Hospital Licensing Board
composed of 14 persons, which shall advise and consult with the
Director in the administration of this Act. The Secretary of
Human Services (or his or her designee) shall serve on the
Board, along with one additional representative of the
Department of Human Services to be designated by the Secretary.
Four appointive members shall represent the general public and
2 of these shall be members of hospital governing boards; one
appointive member shall be a registered professional nurse or
advanced practice, nurse as defined in the Nurse Practice Act,
who is employed in a hospital; 3 appointive members shall be
hospital administrators actively engaged in the supervision or
administration of hospitals; 2 appointive members shall be
practicing physicians, licensed in Illinois to practice
medicine in all of its branches; and one appointive member
shall be a physician licensed to practice podiatric medicine
under the Podiatric Medical Practice Act of 1987; and one
appointive member shall be a dentist licensed to practice
dentistry under the Illinois Dental Practice Act. In making
Board appointments, the Governor shall give consideration to
recommendations made through the Director by professional
organizations concerned with hospital administration for the
hospital administrative and governing board appointments,
registered professional nurse organizations for the registered
professional nurse appointment, professional medical
organizations for the physician appointments, and professional
dental organizations for the dentist appointment.
(b) Each appointive member shall hold office for a term of
3 years, except that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder
of such term and the terms of office of the members first
taking office shall expire, as designated at the time of
appointment, 2 at the end of the first year, 2 at the end of the
second year, and 3 at the end of the third year, after the date
of appointment. The initial terms of office of the 2 additional
members representing the general public provided for in this
Section shall expire at the end of the third year after the
date of appointment. The term of office of each original
appointee shall commence July 1, 1953; the term of office of
the original registered professional nurse appointee shall
commence July 1, 1969; the term of office of the original
licensed podiatric physician appointee shall commence July 1,
1981; the term of office of the original dentist appointee
shall commence July 1, 1987; and the term of office of each
successor shall commence on July 1 of the year in which his
predecessor's term expires. Board members, while serving on
business of the Board, shall receive actual and necessary
travel and subsistence expenses while so serving away from
their places of residence. The Board shall meet as frequently
as the Director deems necessary, but not less than once a year.
Upon request of 5 or more members, the Director shall call a
meeting of the Board.
(c) The Director shall prescribe rules, regulations,
standards, and statements of policy needed to implement,
interpret, or make specific the provisions and purposes of this
Act. The Department shall adopt rules which set forth standards
for determining when the public interest, safety or welfare
requires emergency action in relation to termination of a
research program or experimental procedure conducted by a
hospital licensed under this Act. No rule, regulation, or
standard shall be adopted by the Department concerning the
operation of hospitals licensed under this Act which has not
had prior approval of the Hospital Licensing Board, nor shall
the Department adopt any rule, regulation or standard relating
to the establishment of a hospital without consultation with
the Hospital Licensing Board.
(d) Within one year after August 7, 1984 (the effective
date of Public Act 83-1248) this amendatory Act of 1984, all
hospitals licensed under this Act and providing perinatal care
shall comply with standards of perinatal care promulgated by
the Department. The Director shall promulgate rules or
regulations under this Act which are consistent with the
Developmental Disability Prevention Act "An Act relating to the
prevention of developmental disabilities", approved September
6, 1973, as amended.
(Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)
(210 ILCS 85/10.8)
Sec. 10.8. Requirements for employment of physicians.
(a) Physician employment by hospitals and hospital
affiliates. Employing entities may employ physicians to
practice medicine in all of its branches provided that the
following requirements are met:
(1) The employed physician is a member of the medical
staff of either the hospital or hospital affiliate. If a
hospital affiliate decides to have a medical staff, its
medical staff shall be organized in accordance with written
bylaws where the affiliate medical staff is responsible for
making recommendations to the governing body of the
affiliate regarding all quality assurance activities and
safeguarding professional autonomy. The affiliate medical
staff bylaws may not be unilaterally changed by the
governing body of the affiliate. Nothing in this Section
requires hospital affiliates to have a medical staff.
(2) Independent physicians, who are not employed by an
employing entity, periodically review the quality of the
medical services provided by the employed physician to
continuously improve patient care.
(3) The employing entity and the employed physician
sign a statement acknowledging that the employer shall not
unreasonably exercise control, direct, or interfere with
the employed physician's exercise and execution of his or
her professional judgment in a manner that adversely
affects the employed physician's ability to provide
quality care to patients. This signed statement shall take
the form of a provision in the physician's employment
contract or a separate signed document from the employing
entity to the employed physician. This statement shall
state: "As the employer of a physician, (employer's name)
shall not unreasonably exercise control, direct, or
interfere with the employed physician's exercise and
execution of his or her professional judgment in a manner
that adversely affects the employed physician's ability to
provide quality care to patients."
(4) The employing entity shall establish a mutually
agreed upon independent review process with criteria under
which an employed physician may seek review of the alleged
violation of this Section by physicians who are not
employed by the employing entity. The affiliate may arrange
with the hospital medical staff to conduct these reviews.
The independent physicians shall make findings and
recommendations to the employing entity and the employed
physician within 30 days of the conclusion of the gathering
of the relevant information.
(b) Definitions. For the purpose of this Section:
"Employing entity" means a hospital licensed under the
Hospital Licensing Act or a hospital affiliate.
"Employed physician" means a physician who receives an IRS
W-2 form, or any successor federal income tax form, from an
employing entity.
"Hospital" means a hospital licensed under the Hospital
Licensing Act, except county hospitals as defined in subsection
(c) of Section 15-1 of the Illinois Public Aid Code.
"Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital.
"Control" means having at least an equal or a majority
ownership or membership interest. A hospital affiliate shall be
100% owned or controlled by any combination of hospitals, their
parent corporations, or physicians licensed to practice
medicine in all its branches in Illinois. "Hospital affiliate"
does not include a health maintenance organization regulated
under the Health Maintenance Organization Act.
"Physician" means an individual licensed to practice
medicine in all its branches in Illinois.
"Professional judgment" means the exercise of a
physician's independent clinical judgment in providing
medically appropriate diagnoses, care, and treatment to a
particular patient at a particular time. Situations in which an
employing entity does not interfere with an employed
physician's professional judgment include, without limitation,
the following:
(1) practice restrictions based upon peer review of the
physician's clinical practice to assess quality of care and
utilization of resources in accordance with applicable
bylaws;
(2) supervision of physicians by appropriately
licensed medical directors, medical school faculty,
department chairpersons or directors, or supervising
physicians;
(3) written statements of ethical or religious
directives; and
(4) reasonable referral restrictions that do not, in
the reasonable professional judgment of the physician,
adversely affect the health or welfare of the patient.
(c) Private enforcement. An employed physician aggrieved
by a violation of this Act may seek to obtain an injunction or
reinstatement of employment with the employing entity as the
court may deem appropriate. Nothing in this Section limits or
abrogates any common law cause of action. Nothing in this
Section shall be deemed to alter the law of negligence.
(d) Department enforcement. The Department may enforce the
provisions of this Section, but nothing in this Section shall
require or permit the Department to license, certify, or
otherwise investigate the activities of a hospital affiliate
not otherwise required to be licensed by the Department.
(e) Retaliation prohibited. No employing entity shall
retaliate against any employed physician for requesting a
hearing or review under this Section. No action may be taken
that affects the ability of a physician to practice during this
review, except in circumstances where the medical staff bylaws
authorize summary suspension.
(f) Physician collaboration. No employing entity shall
adopt or enforce, either formally or informally, any policy,
rule, regulation, or practice inconsistent with the provision
of adequate collaboration, including medical direction of
licensed advanced practice nurses or supervision of licensed
physician assistants and delegation to other personnel under
Section 54.5 of the Medical Practice Act of 1987.
(g) Physician disciplinary actions. Nothing in this
Section shall be construed to limit or prohibit the governing
body of an employing entity or its medical staff, if any, from
taking disciplinary actions against a physician as permitted by
law.
(h) Physician review. Nothing in this Section shall be
construed to prohibit a hospital or hospital affiliate from
making a determination not to pay for a particular health care
service or to prohibit a medical group, independent practice
association, hospital medical staff, or hospital governing
body from enforcing reasonable peer review or utilization
review protocols or determining whether the employed physician
complied with those protocols.
(i) Review. Nothing in this Section may be used or
construed to establish that any activity of a hospital or
hospital affiliate is subject to review under the Illinois
Health Facilities Planning Act.
(j) Rules. The Department shall adopt any rules necessary
to implement this Section.
(Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)
Section 415. The Illinois Insurance Code is amended by
changing Sections 35A-15, 35A-60, 126.12, 126.25, 143.19,
355a, and 1303 as follows:
(215 ILCS 5/35A-15)
Sec. 35A-15. Company action level event.
(a) A company action level event means any of the following
events:
(1) The filing of an RBC Report by an insurer that
indicates that:
(A) the insurer's total adjusted capital is
greater than or equal to its regulatory action level
RBC, but less than its company action level RBC;
(B) the insurer, if a life, health, or life and
health insurer or a fraternal benefit society, has
total adjusted capital that is greater than or equal to
its company action level RBC, but less than the product
of its authorized control level RBC and 3.0 and has a
negative trend; or
(C) the insurer, if a property and casualty
insurer, has total adjusted capital that is greater
than or equal to its company action level RBC, but less
than the product of its authorized control level RBC
and 3.0 and triggers the trend test determined in
accordance with the trend test calculation included in
the property and casualty RBC Instructions; or .
(D) the insurer, if a health organization, has
total adjusted capital that is greater than or equal to
its company action level RBC but less than the product
of its authorized control level RBC and 3.0 and
triggers the trend test determined in accordance with
the trend test calculation included in the Health RBC
Instructions.
(2) The notification by the Director to the insurer of
an Adjusted RBC Report that indicates an event described in
paragraph (1), provided the insurer does not challenge the
Adjusted RBC Report under Section 35A-35.
(3) The notification by the Director to the insurer
that the Director has, after a hearing, rejected the
insurer's challenge under Section 35A-35 to an Adjusted RBC
Report that indicates the event described in paragraph (1).
(b) In the event of a company action level event, the
insurer shall prepare and submit to the Director an RBC Plan
that does all of the following:
(1) Identifies the conditions that contribute to the
company action level event.
(2) Contains proposed corrective actions that the
insurer intends to take and that are expected to result in
the elimination of the company action level event. A health
organization is not prohibited from proposing recognition
of a parental guarantee or a letter of credit to eliminate
the company action level event; however the Director shall,
at his discretion, determine whether or the extent to which
the proposed parental guarantee or letter of credit is an
acceptable part of a satisfactory RBC Plan or Revised RBC
Plan.
(3) Provides projections of the insurer's financial
results in the current year and at least the 4 succeeding
years, both in the absence of proposed corrective actions
and giving effect to the proposed corrective actions,
including projections of statutory operating income, net
income, capital, and surplus. The projections for both new
and renewal business may include separate projections for
each major line of business and separately identify each
significant income, expense, and benefit component.
(4) Identifies the key assumptions affecting the
insurer's projections and the sensitivity of the
projections to the assumptions.
(5) Identifies the quality of, and problems associated
with, the insurer's business including, but not limited to,
its assets, anticipated business growth and associated
surplus strain, extraordinary exposure to risk, mix of
business, and use of reinsurance, if any, in each case.
(c) The insurer shall submit the RBC Plan to the Director
within 45 days after the company action level event occurs or
within 45 days after the Director notifies the insurer that the
Director has, after a hearing, rejected its challenge under
Section 35A-35 to an Adjusted RBC Report.
(d) Within 60 days after an insurer submits an RBC Plan to
the Director, the Director shall notify the insurer whether the
RBC Plan shall be implemented or is, in the judgment of the
Director, unsatisfactory. If the Director determines the RBC
Plan is unsatisfactory, the notification to the insurer shall
set forth the reasons for the determination and may set forth
proposed revisions that will render the RBC Plan satisfactory
in the judgment of the Director. Upon notification from the
Director, the insurer shall prepare a Revised RBC Plan, which
may incorporate by reference any revisions proposed by the
Director. The insurer shall submit the Revised RBC Plan to the
Director within 45 days after the Director notifies the insurer
that the RBC Plan is unsatisfactory or within 45 days after the
Director notifies the insurer that the Director has, after a
hearing, rejected its challenge under Section 35A-35 to the
determination that the RBC Plan is unsatisfactory.
(e) In the event the Director notifies an insurer that its
RBC Plan or Revised RBC Plan is unsatisfactory, the Director
may, at the Director's discretion and subject to the insurer's
right to a hearing under Section 35A-35, specify in the
notification that the notification constitutes a regulatory
action level event.
(f) Every domestic insurer that files an RBC Plan or
Revised RBC Plan with the Director shall file a copy of the RBC
Plan or Revised RBC Plan with the chief insurance regulatory
official in any state in which the insurer is authorized to do
business if that state has a law substantially similar to the
confidentiality provisions in subsection (a) of Section 35A-50
and if that official requests in writing a copy of the plan.
The insurer shall file a copy of the RBC Plan or Revised RBC
Plan in that state no later than the later of 15 days after
receiving the written request for the copy or the date on which
the RBC Plan or Revised RBC Plan is filed under subsection (c)
or (d) of this Section.
(Source: P.A. 98-157, eff. 8-2-13; 99-542, eff. 7-8-16; revised
9-9-16.)
(215 ILCS 5/35A-60)
Sec. 35A-60. Phase-in of Article.
(a) For RBC Reports filed with respect to the December 31,
1993 annual statement, instead of the provisions of Sections
35A-15, 35A-20, 35A-25, and 35A-30, the following provisions
apply:
(1) In the event of a company action level event, the
Director shall take no action under this Article.
(2) In the event of a regulatory action level event
under paragraph (1), (2), or (3) of subsection (a) of
Section 35A-20, the Director shall take the actions
required under Section 35A-15.
(3) In the event of a regulatory action level event
under paragraph (4), (5), (6), (7), (8), or (9) of
subsection (a) of Section 35A-20 or an authorized control
level event, the Director shall take the actions required
under Section 35A-20.
(4) In the event of a mandatory control level event,
the Director shall take the actions required under Section
35A-25.
(b) For RBC Reports required to be filed by property and
casualty insurers with respect to the December 31, 1995 annual
statement, instead of the provisions of Sections Section
35A-15, 35A-20, 35A-25, and 35A-30, the following provisions
apply:
(1) In the event of a company action level event with
respect to a domestic insurer, the Director shall take no
regulatory action under this Article.
(2) In the event of a regulatory action level event
under paragraph (1), (2), or (3) of subsection (a) of
Section 35A-20, the Director shall take the actions
required under Section 35A-15.
(3) In the event of a regulatory action level event
under paragraph (4), (5), (6), (7), (8), or (9) of
subsection (a) of Section 35A-20 or an authorized control
level event, the Director shall take the actions required
under Section 35A-20.
(4) In the event of a mandatory control level event,
the Director shall take the actions required under Section
35A-25.
(c) For RBC Reports required to be filed by health
organizations with respect to the December 31, 1999 annual
statement and the December 31, 2000 annual statement, instead
of the provisions of Sections 35A-15, 35A-20, 35A-25, and
35A-30, the following provisions apply:
(1) In the event of a company action level event with
respect to a domestic insurer, the Director shall take no
regulatory action under this Article.
(2) In the event of a regulatory action level event
under paragraph (1), (2), or (3) of subsection (a) of
Section 35A-20, the Director shall take the actions
required under Section 35A-15.
(3) In the event of a regulatory action level event
under paragraph (4), (5), (6), (7), (8), or (9) of
subsection (a) of Section 35A-20 or an authorized control
level event, the Director shall take the actions required
under Section 35A-20.
(4) In the event of a mandatory control level event,
the Director shall take the actions required under Section
35A-25.
This subsection does not apply to a health organization
that provides or arranges for a health care plan under which
enrollees may access health care services from contracted
providers without a referral from their primary care physician.
Nothing in this subsection shall preclude or limit other
powers or duties of the Director under any other laws.
(d) For RBC Reports required to be filed by fraternal
benefit societies with respect to the December 31, 2013 annual
statement and the December 31, 2014 annual statement, instead
of the provisions of Sections 35A-15, 35A-20, 35A-25, and
35A-30, the following provisions apply:
(1) In the event of a company action level event with
respect to a domestic insurer, the Director shall take no
regulatory action under this Article.
(2) In the event of a regulatory action level event
under paragraph (1), (2), or (3) of subsection (a) of
Section 35A-20, the Director shall take the actions
required under Section 35A-15.
(3) In the event of a regulatory action level event
under paragraph (4), (5), (6), (7), (8), or (9) of
subsection (a) of Section 35A-20 or an authorized control
level event, the Director shall take the actions required
under Section 35A-20.
(4) In the event of a mandatory control level event,
the Director shall take the actions required under Section
35A-25.
Nothing in this subsection shall preclude or limit other
powers or duties of the Director under any other laws.
(Source: P.A. 98-157, eff. 8-2-13; revised 9-2-16.)
(215 ILCS 5/126.12)
Sec. 126.12. Insurer investment pools.
A. An insurer may acquire investments in investment pools
that:
(1) Invest only in:
(a) Obligations that are rated 1 or 2 by the SVO or
have an equivalent of an SVO 1 or 2 rating (or, in the
absence of a 1 or 2 rating or equivalent rating, the
issuer has outstanding obligations with an SVO 1 or 2
or equivalent rating) by a nationally recognized
statistical rating organization recognized by the SVO
and have:
(i) A remaining maturity of 397 days or less or
a put that entitles the holder to receive the
principal amount of the obligation which put may be
exercised through maturity at specified intervals
not exceeding 397 days; or
(ii) A remaining maturity of 3 years or less
and a floating interest rate that resets no less
frequently than quarterly on the basis of a current
short-term index (federal funds, prime rate,
treasury bills, London InterBank Offered Rate
(LIBOR) or commercial paper) and is subject to no
maximum limit, if the obligations do not have an
interest rate that varies inversely to market
interest rate changes;
(b) Government money market mutual funds or class
one money market mutual funds; or
(c) Securities lending, repurchase, and reverse
repurchase transactions that meet all the requirements
of Section 126.16, except the quantitative limitations
of Section 126.16D; or
(2) Invest only in investments which an insurer may
acquire under this Article, if the insurer's proportionate
interest in the amount invested in these investments when
combined with amount of such investments made directly or
indirectly through an investment subsidiary or other
insurer investment pool permitted under this subsection
A(2) does not exceed the applicable limits of this Article
for such investments.
B. For an investment in an investment pool to be qualified
under this Article, the investment pool shall not:
(1) Acquire securities issued, assumed, guaranteed or
insured by the insurer or an affiliate of the insurer;
(2) Borrow or incur any indebtedness for borrowed
money, except for securities lending and reverse
repurchase transactions that meet the requirements of
Section 126.16 except the quantitative limitations of
Section 126.16D; or
(3) Acquire an investment if, as a result of such
transaction, the aggregate value of securities then loaned
or sold to, purchased from or invested in any one business
entity under this Section would exceed 10% of the total
assets of the investment pool.
C. The limitations of Section 126.10A shall not apply to an
insurer's investment in an investment pool, however an insurer
shall not acquire an investment in an investment pool under
this Section if, as a result of and after giving effect to the
investment, the aggregate amount of investments then held by
the insurer under this Section:
(1) In all investment pools investing in investments
permitted under subsection A(2) of this Section would
exceed 25% of its admitted assets; or
(2) In all investment pools would exceed 35% of its
admitted assets.
D. For an investment in an investment pool to be qualified
under this Article, the manager of the investment pool shall:
(1) Be organized under the laws of the United States or
a state and designated as the pool manager in a pooling
agreement;
(2) Be the insurer, an affiliated insurer or a business
entity affiliated with the insurer, a qualified bank, a
business entity registered under the Investment Advisers
Advisors Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended
or, in the case of a reciprocal insurer or interinsurance
exchange, its attorney-in-fact, or in the case of a United
States branch of an alien insurer, its United States
manager or an affiliate or subsidiary of its United States
manager;
(3) Be responsible for the compilation and maintenance
of detailed accounting records setting forth:
(a) The cash receipts and disbursements reflecting
each participant's proportionate investment in the
investment pool;
(b) A complete description of all underlying
assets of the investment pool (including amount,
interest rate, maturity date (if any) and other
appropriate designations); and
(c) Other records which, on a daily basis, allow
third parties to verify each participant's investment
in the investment pool; and
(4) Maintain the assets of the investment pool in one
or more accounts, in the name of or on behalf of the
investment pool, under a custody agreement with a qualified
bank. The custody agreement shall:
(a) State and recognize the claims and rights of
each participant;
(b) Acknowledge that the underlying assets of the
investment pool are held solely for the benefit of each
participant in proportion to the aggregate amount of
its investments in the investment pool; and
(c) Contain an agreement that the underlying
assets of the investment pool shall not be commingled
with the general assets of the custodian qualified bank
or any other person.
E. The pooling agreement for each investment pool shall be
in writing and shall provide that:
(1) An insurer and its affiliated insurers or, in the
case of an investment pool investing solely in investments
permitted under subsection A(1) of this Section, the
insurer and its subsidiaries, affiliates or any pension or
profit sharing plan of the insurer, its subsidiaries and
affiliates or, in the case of a United States branch of an
alien insurer, affiliates or subsidiaries of its United
States manager, shall, at all times, hold 100% of the
interests in the investment pool;
(2) The underlying assets of the investment pool shall
not be commingled with the general assets of the pool
manager or any other person;
(3) In proportion to the aggregate amount of each pool
participant's interest in the investment pool:
(a) Each participant owns an undivided interest in
the underlying assets of the investment pool; and
(b) The underlying assets of the investment pool
are held solely for the benefit of each participant;
(4) A participant, or in the event of the participant's
insolvency, bankruptcy or receivership, its trustee,
receiver or other successor-in-interest, may withdraw all
or any portion of its investment from the investment pool
under the terms of the pooling agreement;
(5) Withdrawals may be made on demand without penalty
or other assessment on any business day, but settlement of
funds shall occur within a reasonable and customary period
thereafter not to exceed 10 business days. Distributions
under this paragraph shall be calculated in each case net
of all then applicable fees and expenses of the investment
pool. The pooling agreement shall provide that the pool
manager shall distribute to a participant, at the
discretion of the pool manager:
(a) In cash, the then fair market value of the
participant's pro rata share of each underlying asset
of the investment pool;
(b) In kind, a pro rata share of each underlying
asset; or
(c) In a combination of cash and in kind
distributions, a pro rata share in each underlying
asset; and
(6) The pool manager shall make the records of the
investment pool available for inspection by the Director.
F. Except for the formation of the investment pool,
transactions and between a domestic insurer and an affiliated
insurer investment pool shall not be subject to the
requirements of Section 131.20a of this Code.
(Source: P.A. 90-418, eff. 8-15-97; revised 9-2-16.)
(215 ILCS 5/126.25)
Sec. 126.25. Insurer investment pools.
A. An insurer may acquire investments in investment pools
that:
(1) Invest only in:
(a) Obligations that are rated 1 or 2 by the SVO or
have an equivalent of an SVO 1 or 2 rating (or, in the
absence of a 1 or 2 rating or equivalent rating, the
issuer has outstanding obligations with an SVO 1 or 2
or equivalent rating) by a nationally recognized
statistical rating organization recognized by the SVO
and have:
(i) A remaining maturity of 397 days or less or
a put that entitles the holder to receive the
principal amount of the obligation which put may be
exercised through maturity at specified intervals
not exceeding 397 days; or
(ii) A remaining maturity of 3 years or less
and a floating interest rate that resets no less
frequently than quarterly on the basis of a current
short-term index (federal funds, prime rate,
treasury bills, London InterBank Offered Rate
(LIBOR) or commercial paper) and is subject to no
maximum limit, if the obligations do not have an
interest rate that varies inversely to market
interest rate changes;
(b) Government money market mutual funds or class
one money market mutual funds; or
(c) Securities lending, repurchase, and reverse
repurchase, transactions that meet all the
requirements of Section 126.29, except the
quantitative limitations of Section 126.29D; or
(2) Invest only in investments which an insurer may
acquire under this Article, if the insurer's proportionate
interest in the amount invested in these investments when
combined with amounts of such investments made directly or
indirectly through an investment subsidiary or other
insurer investment pool permitted under this subsection
A(2) does not exceed the applicable limits of this Article
for such investments.
B. For an investment in an investment pool to be qualified
under this Article, the investment pool shall not:
(1) Acquire securities issued, assumed, guaranteed, or
insured by the insurer or an affiliate of the insurer;
(2) Borrow or incur any indebtedness for borrowed
money, except for securities lending and reverse
repurchase transactions that meet the requirements of
Section 126.29 except the quantitative limitations of
Section 126.29D; or
(3) Acquire an investment if, as a result of such
transaction, the aggregate value of securities then loaned
or sold to, purchased from or invested in any one business
entity under this Section would exceed 10% of the total
assets of the investment pool.
C. The limitations of Section 126.23A shall not apply to an
insurer's investment in an investment pool, however an insurer
shall not acquire an investment in an investment pool under
this Section if, as a result of and after giving effect to the
investment, the aggregate amount of investments then held by
the insurer under this Section:
(1) In all investment pools investing in investments
permitted under subsection A(2) of this Section would
exceed 25% of its admitted assets; or
(2) In all investment pools would exceed 40% of its
admitted assets.
D. For an investment in an investment pool to be qualified
under this Article, the manager of the investment pool shall:
(1) Be organized under the laws of the United States or
a state and designated as the pool manager in a pooling
agreement;
(2) Be the insurer, an affiliated insurer or a business
entity affiliated with the insurer, a qualified bank, a
business entity registered under the Investment Advisers
Advisors Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended
or, in the case of a reciprocal insurer or interinsurance
exchange, its attorney-in-fact, or in the case of a United
States branch of an alien insurer, its United States
manager or an affiliate or subsidiary of its United States
manager;
(3) Be responsible for the compilation and maintenance
of detailed accounting records setting forth:
(a) The cash receipts and disbursements reflecting
each participant's proportionate investment in the
investment pool;
(b) A complete description of all underlying
assets of the investment pool (including amount,
interest rate, maturity date (if any) and other
appropriate designations); and
(c) Other records which, on a daily basis, allow
third parties to verify each participant's investment
in the investment pool; and
(4) Maintain the assets of the investment pool in one
or more accounts, in the name of or on behalf of the
investment pool, under a custody agreement with a qualified
bank. The custody agreement shall:
(a) State and recognize the claims and rights of
each participant;
(b) Acknowledge that the underlying assets of the
investment pool are held solely for the benefit of each
participant in proportion to the aggregate amount of
its investments in the investment pool; and
(c) Contain an agreement that the underlying
assets of the investment pool shall not be commingled
with the general assets of the custodian qualified bank
or any other person.
E. The pooling agreement for each investment pool shall be
in writing and shall provide that:
(1) An insurer and its affiliated insurers or, in the
case of an investment pool investing solely in investments
permitted under subsection A(1) of this Section, the
insurer and its subsidiaries, affiliates or any pension or
profit sharing plan of the insurer, its subsidiaries and
affiliates or, in the case of a United States branch of an
alien insurer, affiliates or subsidiaries of its United
States manager, shall, at all times, hold 100% of the
interests in the investment pool;
(2) The underlying assets of the investment pool shall
not be commingled with the general assets of the pool
manager or any other person;
(3) In proportion to the aggregate amount of each pool
participant's interest in the investment pool:
(a) Each participant owns an undivided interest in
the underlying assets of the investment pool; and
(b) The underlying assets of the investment pool
are held solely for the benefit of each participant;
(4) A participant, or in the event of the participant's
insolvency, bankruptcy or receivership, its trustee,
receiver or other successor-in-interest, may withdraw all
or any portion of its investment from the investment pool
under the terms of the pooling agreement;
(5) Withdrawals may be made on demand without penalty
or other assessment on any business day, but settlement of
funds shall occur within a reasonable and customary period
thereafter not to exceed 10 business days. Distributions
under this paragraph shall be calculated in each case net
of all then applicable fees and expenses of the investment
pool. The pooling agreement shall provide that the pool
manager shall distribute to a participant, at the
discretion of the pool manager:
(a) In cash, the then fair market value of the
participant's pro rata share of each underlying asset
of the investment pool;
(b) In kind, a pro rata share of each underlying
asset; or
(c) In a combination of cash and in kind
distributions, a pro rata share in each underlying
asset; and
(6) The pool manager shall make the records of the
investment pool available for inspection by the Director.
F. Except for the formation of the investment pool,
transactions between a domestic insurer and an affiliated
insurer investment pool shall not be subject to the
requirements of Section 131.20a of this Code.
(Source: P.A. 90-418, eff. 8-15-97; revised 9-2-16.)
(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
Sec. 143.19. Cancellation of automobile insurance policy;
grounds Automobile Insurance Policy - Grounds. After a policy
of automobile insurance as defined in Section 143.13(a) has
been effective for 60 days, or if such policy is a renewal
policy, the insurer shall not exercise its option to cancel
such policy except for one or more of the following reasons:
a. Nonpayment of premium;
b. The policy was obtained through a material
misrepresentation;
c. Any insured violated any of the terms and conditions
of the policy;
d. The named insured failed to disclose fully his motor
vehicle accidents and moving traffic violations for the
preceding 36 months if called for in the application;
e. Any insured made a false or fraudulent claim or of
knowingly aided or abetted another in the presentation of
such a claim;
f. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such policy:
1. has, within the 12 months prior to the notice of
cancellation, had his driver's license under
suspension or revocation;
2. is or becomes subject to epilepsy or heart
attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
3. has an accident record, conviction record
(criminal or traffic), physical, or mental condition
which is such that his operation of an automobile might
endanger the public safety;
4. has, within the 36 months prior to the notice of
cancellation, been addicted to the use of narcotics or
other drugs; or
5. has been convicted, or forfeited bail, during
the 36 months immediately preceding the notice of
cancellation, for any felony, criminal negligence
resulting in death, homicide or assault arising out of
the operation of a motor vehicle, operating a motor
vehicle while in an intoxicated condition or while
under the influence of drugs, being intoxicated while
in, or about, an automobile or while having custody of
an automobile, leaving the scene of an accident without
stopping to report, theft or unlawful taking of a motor
vehicle, making false statements in an application for
an operator's or chauffeur's license or has been
convicted or forfeited bail for 3 or more violations
within the 12 months immediately preceding the notice
of cancellation, of any law, ordinance, or regulation
limiting the speed of motor vehicles or any of the
provisions of the motor vehicle laws of any state,
violation of which constitutes a misdemeanor, whether
or not the violations were repetitions of the same
offense or of different offenses;
g. The insured automobile is:
1. so mechanically defective that its operation
might endanger public safety;
2. used in carrying passengers for hire or
compensation (the use of an automobile for a car pool
shall not be considered use of an automobile for hire
or compensation);
3. used in the business of transportation of
flammables or explosives;
4. an authorized emergency vehicle;
5. changed in shape or condition during the policy
period so as to increase the risk substantially; or
6. subject to an inspection law and has not been
inspected or, if inspected, has failed to qualify.
Nothing in this Section shall apply to nonrenewal.
(Source: P.A. 92-16, eff. 6-28-01; revised 9-19-16.)
(215 ILCS 5/355a) (from Ch. 73, par. 967a)
Sec. 355a. Standardization of terms and coverage.
(1) The purposes purpose of this Section shall be (a) to
provide reasonable standardization and simplification of terms
and coverages of individual accident and health insurance
policies to facilitate public understanding and comparisons;
(b) to eliminate provisions contained in individual accident
and health insurance policies which may be misleading or
unreasonably confusing in connection either with the purchase
of such coverages or with the settlement of claims; and (c) to
provide for reasonable disclosure in the sale of accident and
health coverages.
(2) Definitions applicable to this Section are as follows:
(a) "Policy" means all or any part of the forms
constituting the contract between the insurer and the
insured, including the policy, certificate, subscriber
contract, riders, endorsements, and the application if
attached, which are subject to filing with and approval by
the Director.
(b) "Service corporations" means voluntary health and
dental corporations organized and operating respectively
under the Voluntary Health Services Plans Act and the
Dental Service Plan Act.
(c) "Accident and health insurance" means insurance
written under Article XX of this the Insurance Code, other
than credit accident and health insurance, and coverages
provided in subscriber contracts issued by service
corporations. For purposes of this Section such service
corporations shall be deemed to be insurers engaged in the
business of insurance.
(3) The Director shall issue such rules as he shall deem
necessary or desirable to establish specific standards,
including standards of full and fair disclosure that set forth
the form and content and required disclosure for sale, of
individual policies of accident and health insurance, which
rules and regulations shall be in addition to and in accordance
with the applicable laws of this State, and which may cover but
shall not be limited to: (a) terms of renewability; (b) initial
and subsequent conditions of eligibility; (c) non-duplication
of coverage provisions; (d) coverage of dependents; (e)
pre-existing conditions; (f) termination of insurance; (g)
probationary periods; (h) limitation, exceptions, and
reductions; (i) elimination periods; (j) requirements
regarding replacements; (k) recurrent conditions; and (l) the
definition of terms, including, but not limited to, the
following: hospital, accident, sickness, injury, physician,
accidental means, total disability, partial disability,
nervous disorder, guaranteed renewable, and non-cancellable.
The Director may issue rules that specify prohibited policy
provisions not otherwise specifically authorized by statute
which in the opinion of the Director are unjust, unfair or
unfairly discriminatory to the policyholder, any person
insured under the policy, or beneficiary.
(4) The Director shall issue such rules as he shall deem
necessary or desirable to establish minimum standards for
benefits under each category of coverage in individual accident
and health policies, other than conversion policies issued
pursuant to a contractual conversion privilege under a group
policy, including but not limited to the following categories:
(a) basic hospital expense coverage; (b) basic
medical-surgical expense coverage; (c) hospital confinement
indemnity coverage; (d) major medical expense coverage; (e)
disability income protection coverage; (f) accident only
coverage; and (g) specified disease or specified accident
coverage.
Nothing in this subsection (4) shall preclude the issuance
of any policy which combines two or more of the categories of
coverage enumerated in subparagraphs (a) through (f) of this
subsection.
No policy shall be delivered or issued for delivery in this
State which does not meet the prescribed minimum standards for
the categories of coverage listed in this subsection unless the
Director finds that such policy is necessary to meet specific
needs of individuals or groups and such individuals or groups
will be adequately informed that such policy does not meet the
prescribed minimum standards, and such policy meets the
requirement that the benefits provided therein are reasonable
in relation to the premium charged. The standards and criteria
to be used by the Director in approving such policies shall be
included in the rules required under this Section with as much
specificity as practicable.
The Director shall prescribe by rule the method of
identification of policies based upon coverages provided.
(5) (a) In order to provide for full and fair disclosure in
the sale of individual accident and health insurance policies,
no such policy shall be delivered or issued for delivery in
this State unless the outline of coverage described in
paragraph (b) of this subsection either accompanies the policy,
or is delivered to the applicant at the time the application is
made, and an acknowledgment signed by the insured, of receipt
of delivery of such outline, is provided to the insurer. In the
event the policy is issued on a basis other than that applied
for, the outline of coverage properly describing the policy
must accompany the policy when it is delivered and such outline
shall clearly state that the policy differs, and to what
extent, from that for which application was originally made.
All policies, except single premium nonrenewal policies, shall
have a notice prominently printed on the first page of the
policy or attached thereto stating in substance, that the
policyholder shall have the right to return the policy within
10 days of its delivery and to have the premium refunded if
after examination of the policy the policyholder is not
satisfied for any reason.
(b) The Director shall issue such rules as he shall deem
necessary or desirable to prescribe the format and content of
the outline of coverage required by paragraph (a) of this
subsection. "Format" means style, arrangement, and overall
appearance, including such items as the size, color, and
prominence of type and the arrangement of text and captions.
"Content" shall include without limitation thereto, statements
relating to the particular policy as to the applicable category
of coverage prescribed under subsection (4) 4; principal
benefits; exceptions, reductions and limitations; and renewal
provisions, including any reservation by the insurer of a right
to change premiums. Such outline of coverage shall clearly
state that it constitutes a summary of the policy issued or
applied for and that the policy should be consulted to
determine governing contractual provisions.
(c) Without limiting the generality of paragraph (b) of
this subsection (5), no qualified health plans shall be offered
for sale directly to consumers through the health insurance
marketplace operating in the State in accordance with Sections
1311 and 1321 of the federal Patient Protection and Affordable
Care Act of 2010 (Public Law 111-148), as amended by the
federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), and any amendments thereto, or
regulations or guidance issued thereunder (collectively, "the
Federal Act"), unless the following information is made
available to the consumer at the time he or she is comparing
policies and their premiums:
(i) With respect to prescription drug benefits, the
most recently published formulary where a consumer can view
in one location covered prescription drugs; information on
tiering and the cost-sharing structure for each tier; and
information about how a consumer can obtain specific
copayment amounts or coinsurance percentages for a
specific qualified health plan before enrolling in that
plan. This information shall clearly identify the
qualified health plan to which it applies.
(ii) The most recently published provider directory
where a consumer can view the provider network that applies
to each qualified health plan and information about each
provider, including location, contact information,
specialty, medical group, if any, any institutional
affiliation, and whether the provider is accepting new
patients at each of the specific locations listing the
provider. Dental providers shall notify qualified health
plans electronically or in writing of any changes to their
information as listed in the provider directory. Qualified
health plans shall update their directories in a manner
consistent with the information provided by the provider or
dental management service organization within 10 business
days after being notified of the change by the provider.
Nothing in this paragraph (ii) shall void any contractual
relationship between the provider and the plan. The
information shall clearly identify the qualified health
plan to which it applies.
(d) Each company that offers qualified health plans for
sale directly to consumers through the health insurance
marketplace operating in the State shall make the information
in paragraph (c) of this subsection (5), for each qualified
health plan that it offers, available and accessible to the
general public on the company's Internet website and through
other means for individuals without access to the Internet.
(e) The Department shall ensure that State-operated
Internet websites, in addition to the Internet website for the
health insurance marketplace established in this State in
accordance with the Federal Act, prominently provide links to
Internet-based materials and tools to help consumers be
informed purchasers of health insurance.
(f) Nothing in this Section shall be interpreted or
implemented in a manner not consistent with the Federal Act.
This Section shall apply to all qualified health plans offered
for sale directly to consumers through the health insurance
marketplace operating in this State for any coverage year
beginning on or after January 1, 2015.
(6) Prior to the issuance of rules pursuant to this
Section, the Director shall afford the public, including the
companies affected thereby, reasonable opportunity for
comment. Such rulemaking is subject to the provisions of the
Illinois Administrative Procedure Act.
(7) When a rule has been adopted, pursuant to this Section,
all policies of insurance or subscriber contracts which are not
in compliance with such rule shall, when so provided in such
rule, be deemed to be disapproved as of a date specified in
such rule not less than 120 days following its effective date,
without any further or additional notice other than the
adoption of the rule.
(8) When a rule adopted pursuant to this Section so
provides, a policy of insurance or subscriber contract which
does not comply with the rule shall, not less than 120 days
from the effective date of such rule, be construed, and the
insurer or service corporation shall be liable, as if the
policy or contract did comply with the rule.
(9) Violation of any rule adopted pursuant to this Section
shall be a violation of the insurance law for purposes of
Sections 370 and 446 of this the Insurance Code.
(Source: P.A. 98-1035, eff. 8-25-14; 99-329, eff. 1-1-16;
revised 9-9-16.)
(215 ILCS 5/1303) (from Ch. 73, par. 1065.1003)
Sec. 1303. Definitions. The following definitions shall
apply to this Article:
"Consolidation" means any transaction in which a financial
institution makes its premium collection services available to
its mortgage debtors in connection with a particular insurer's
("new insurer") offer of mortgage insurance, which offer is
made to debtors who, immediately prior to the offer, had
mortgage insurance with another insurer ("old insurer") and
were paying premiums for that insurance with their monthly
mortgage payments.
"Financial institution" or "servicer" means any entity or
organization that services mortgage loans by collecting and
accounting for monthly mortgage insurance premiums as part of
the debtor's monthly mortgage payment for one or more insurers.
"Insured" means the individual loan customer or
certificate holder.
"Loan transfer" means a transaction in which the servicing
of a block of mortgage loans is transferred from one servicer
to another servicer. This shall include, but not be limited,
to, mergers or acquisitions.
"Loan transfer consolidation" means a consolidation in
which coverage is limited to insureds whose mortgage loans have
been sold or transferred in the secondary market from one
servicer to another.
"Group-to-group consolidation" means a consolidation in
which coverages under both the old plan and the new plan is
provided under group policies.
"Mortgage insurance" means mortgage life insurance (term
or ordinary), mortgage disability insurance, mortgage
accidental death insurance, or any combination thereof,
including both individual and group policies, and any
certificates issued thereunder, on credit transactions of more
than 10 years duration and written in connection with a credit
transaction that is secured by a first mortgage or deed of
trust and made to finance the purchase of real property or the
construction of a dwelling thereon or to refinance a prior
credit transaction made for such a purpose.
"New coverage" or "new plan" means the mortgage insurance
coverage or plan for which a financial institution collects
premium beginning on the effective date of a consolidation.
"New insurer" means any insurer who offers mortgage
insurance coverage to borrowers of the financial institution
who can no longer remit monthly premiums for the old insurer
along with their monthly mortgage payment.
"Old coverage" or "old plan" means the mortgage insurance
coverage or plan for which a financial institution collects
premiums immediately prior to a consolidation.
"Old insurer" means any insurer for whom a financial
institution will no longer make its premium collection
facilities available for all or some of the insurer's
policyholders or certificate holders.
(Source: P.A. 86-378; revised 10-25-16.)
Section 420. The Reinsurance Intermediary Act is amended by
changing Section 10 as follows:
(215 ILCS 100/10) (from Ch. 73, par. 1610)
Sec. 10. Licensure.
(a) No person, firm, association, or corporation that
maintains an office, officer, director, agent, or employee,
directly or indirectly, in this State shall act as an
intermediary broker unless licensed as an insurance producer in
this State. No person, firm, association, or corporation that
does not maintain an office, officer, director, agent, or
employee in this State shall act as an intermediary broker in
this State unless licensed as an insurance producer in this
State, unless licensed as an insurance producer in another
state that has a law substantially similar to this law, or
unless licensed in this State as a nonresident reinsurance
intermediary.
(b) No person, firm, association, or corporation shall act
as an intermediary manager, except in compliance with this
subsection, as follows:
(1) For a reinsurer domiciled in this State, unless the
intermediary manager is a licensed producer in this State.
(2) In this State, if the intermediary manager
maintains an office, either directly or as a member or
employee of a firm or association, or an officer, director,
or employee of a corporation, in this State, unless the
intermediary manager is a licensed producer in this State.
(3) In another state for a nondomestic insurer, unless
the intermediary manager is a licensed producer in this
State or another state having a law substantially similar
to this law or the person is licensed in this State as a
nonresident reinsurance intermediary.
(c) The Director may require an intermediary manager
subject to subsection (b) to:
(1) file a bond in an amount and from an insurer
acceptable to the Director for the protection of the
reinsurer; and
(2) maintain an errors and omissions policy in an
amount acceptable to the Director.
(d) The Director may issue a reinsurance intermediary
license to any person, firm, association, or corporation that
has complied compiled with the requirements of this Act. Any
license issued to a firm or association will authorize all the
members of the firm or association and any designated employees
to act as reinsurance intermediaries under the license. All of
those persons shall be named in the application and any
supplements thereto. Any license issued to a corporation shall
authorize all of the officers and any designated employees and
directors thereof to act as reinsurance intermediaries on
behalf of the corporation, and all of those persons shall be
named in the application and any supplements thereto.
If the applicant for a reinsurance intermediary license is
a nonresident, the applicant, as a condition precedent to
receiving or holding a license, shall designate the Director as
agent for service of process in the manner, and with the same
legal effect, provided in the Illinois Insurance Code for
designation of service of process upon unauthorized insurers.
The applicant shall also furnish the Director with the name and
address of a resident of this State upon whom notices or orders
of the Director or process affecting the nonresident
reinsurance intermediary may be served. The licensee shall
promptly notify the Director in writing of every change in its
designated agent for service of process. The change shall not
become effective until acknowledged by the Director.
(e) The Director may refuse to issue a reinsurance
intermediary license if, in his judgment, the applicant, any
one named on the application or any member, principal, officer,
or director of the applicant is not trustworthy; or that any
controlling person of the applicant is not trustworthy to act
as a reinsurance intermediary; or any of the foregoing has
given cause for revocation or suspension of that kind of
license or has failed to comply with any prerequisite for the
issuance of the license. Upon written request therefor, the
Director will furnish a summary of the basis for refusal to
issue a license, which document shall be privileged and not
subject to the Freedom of Information Act.
(f) Licensed attorneys at law of this State, when acting in
their professional capacity as an attorney, shall be exempt
from this Section.
(g) All licenses issued under this Act shall terminate 24
months following the date of issuance and may be renewed by
providing to the Director satisfactory evidence that the
reinsurance intermediary continues to meet the requirements of
this Section and upon payment of the fees specified in Section
408 of the Illinois Insurance Code.
(Source: P.A. 89-97, eff. 7-7-95; revised 9-1-16.)
Section 425. The Comprehensive Health Insurance Plan Act is
amended by changing Sections 4, 5, and 15 as follows:
(215 ILCS 105/4) (from Ch. 73, par. 1304)
Sec. 4. Powers and authority of the board. The board shall
have the general powers and authority granted under the laws of
this State to insurance companies licensed to transact health
and accident insurance and in addition thereto, the specific
authority to:
a. Enter into contracts as are necessary or proper to
carry out the provisions and purposes of this Act,
including the authority, with the approval of the Director,
to enter into contracts with similar plans of other states
for the joint performance of common administrative
functions, or with persons or other organizations for the
performance of administrative functions including, without
limitation, utilization review and quality assurance
programs, or with health maintenance organizations or
preferred provider organizations for the provision of
health care services.
b. Sue or be sued, including taking any legal actions
necessary or proper.
c. Take such legal action as necessary to:
(1) avoid the payment of improper claims against
the plan or the coverage provided by or through the
plan;
(2) to recover any amounts erroneously or
improperly paid by the plan;
(3) to recover any amounts paid by the plan as a
result of a mistake of fact or law; or
(4) to recover or collect any other amounts,
including assessments, that are due or owed the Plan or
have been billed on its or the Plan's behalf.
d. Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, agents' referral fees,
claim reserves, and formulas and any other actuarial
function appropriate to the operation of the plan. Rates
and rate schedules may be adjusted for appropriate risk
factors such as age and area variation in claim costs and
shall take into consideration appropriate risk factors in
accordance with established actuarial and underwriting
practices.
e. Issue policies of insurance in accordance with the
requirements of this Act.
f. Appoint appropriate legal, actuarial and other
committees as necessary to provide technical assistance in
the operation of the plan, policy and other contract
design, and any other function within the authority of the
plan.
g. Borrow money to effect the purposes of the Illinois
Comprehensive Health Insurance Plan. Any notes or other
evidence of indebtedness of the plan not in default shall
be legal investments for insurers and may be carried as
admitted assets.
h. Establish rules, conditions and procedures for
reinsuring risks under this Act.
i. Employ and fix the compensation of employees. Such
employees may be paid on a warrant issued by the State
Treasurer pursuant to a payroll voucher certified by the
Board and drawn by the Comptroller against appropriations
or trust funds held by the State Treasurer.
j. Enter into intergovernmental cooperation agreements
with other agencies or entities of State government for the
purpose of sharing the cost of providing health care
services that are otherwise authorized by this Act for
children who are both plan participants and eligible for
financial assistance from the Division of Specialized Care
for Children of the University of Illinois.
k. Establish conditions and procedures under which the
plan may, if funds permit, discount or subsidize premium
rates that are paid directly by senior citizens, as defined
by the Board, and other plan participants, who are retired
or unemployed and meet other qualifications.
l. Establish and maintain the Plan Fund authorized in
Section 3 of this Act, which shall be divided into separate
accounts, as follows:
(1) accounts to fund the administrative, claim,
and other expenses of the Plan associated with eligible
persons who qualify for Plan coverage under Section 7
of this Act, which shall consist of:
(A) premiums paid on behalf of covered
persons;
(B) appropriated funds and other revenues
collected or received by the Board;
(C) reserves for future losses maintained by
the Board; and
(D) interest earnings from investment of the
funds in the Plan Fund or any of its accounts other
than the funds in the account established under
item (2) 2 of this subsection;
(2) an account, to be denominated the federally
eligible individuals account, to fund the
administrative, claim, and other expenses of the Plan
associated with federally eligible individuals who
qualify for Plan coverage under Section 15 of this Act,
which shall consist of:
(A) premiums paid on behalf of covered
persons;
(B) assessments and other revenues collected
or received by the Board;
(C) reserves for future losses maintained by
the Board; and
(D) interest earnings from investment of the
federally eligible individuals account funds; and
(E) grants provided pursuant to the federal
Trade Act of 2002; and
(3) such other accounts as may be appropriate.
m. Charge and collect assessments paid by insurers
pursuant to Section 12 of this Act and recover any
assessments for, on behalf of, or against those insurers.
(Source: P.A. 93-33, eff. 6-23-03; 93-34, eff. 6-23-03; revised
9-1-16.)
(215 ILCS 105/5) (from Ch. 73, par. 1305)
Sec. 5. Plan administrator.
a. The Board shall select a Plan administrator through a
competitive bidding process to administer the Plan. The Board
shall evaluate bids submitted under this Section based on
criteria established by the Board which shall include:
(1) The Plan administrator's proven ability to handle
other large group accident and health benefit plans.
(2) The efficiency and timeliness of the Plan
administrator's claim processing procedures.
(3) An estimate of total net cost for administering the
Plan, including any discounts or income the Plan could
expect to receive or benefit from.
(4) The Plan administrator's ability to apply
effective cost containment programs and procedures and to
administer the Plan in a cost-efficient manner.
(5) The financial condition and stability of the Plan
administrator.
b. The Plan administrator shall serve for a period of 5
years subject to removal for cause and subject to the terms,
conditions and limitations of the contract between the Board
and the Plan administrator. At least one year prior to the
expiration of each 5-year 5 year period of service by the
current Plan administrator, the Board shall begin to advertise
for bids to serve as the Plan administrator for the succeeding
5-year 5 year period. Selection of the Plan administrator for
the succeeding period shall be made at least 6 months prior to
the end of the current 5-year 5 year period. Notwithstanding
any other provision of this subsection, the Board at its option
may extend the term of a Plan administrator contract for a
period not to exceed 3 years.
c. The Plan administrator shall perform such functions
relating to the Plan as may be assigned to it including:
(1) establishment of a premium billing procedure for
collection of premiums from Plan participants. Billings
shall be made on a periodic basis as determined by the
Board;
(2) payment and processing of claims and various cost
containment functions; and
(3) other functions to assure timely payment of
benefits to participants under the Plan, including:
(a) making available information relating to the
proper manner of submitting a claim for benefits under
the Plan and distributing forms upon which submissions
shall be made, and
(b) evaluating the eligibility of each claim for
payment under the Plan.
The Plan administrator shall be governed by the
requirements of Part 919 of Title 50 of the Illinois
Administrative Code, promulgated by the Department of
Insurance, regarding the handling of claims under this Act.
d. The Plan administrator shall submit regular reports to
the Board regarding the operation of the Plan. The frequency,
content and form of the report shall be as determined by the
Board.
e. The Plan administrator shall pay or be reimbursed for
claims expenses from the premium payments received from or on
behalf of Plan participants. If the Plan administrator's
payments or reimbursements for claims expenses exceed the
portion of premiums allocated by the Board for payment of
claims expenses, the Board shall provide additional funds to
the Plan administrator for payment or reimbursement of such
claims expenses.
f. The Plan administrator shall be paid as provided in the
contract between the Board and the Plan administrator.
(Source: P.A. 97-11, eff. 6-14-11; revised 9-2-16.)
(215 ILCS 105/15)
Sec. 15. Alternative portable coverage for federally
eligible individuals.
(a) Notwithstanding the requirements of subsection a a. of
Section 7 and except as otherwise provided in this Section, any
federally eligible individual for whom a Plan application, and
such enclosures and supporting documentation as the Board may
require, is received by the Board within 90 days after the
termination of prior creditable coverage shall qualify to
enroll in the Plan under the portability provisions of this
Section.
A federally eligible person who has been certified as
eligible pursuant to the federal Trade Act of 2002 and whose
Plan application and enclosures and supporting documentation
as the Board may require is received by the Board within 63
days after the termination of previous creditable coverage
shall qualify to enroll in the Plan under the portability
provisions of this Section.
(b) Any federally eligible individual seeking Plan
coverage under this Section must submit with his or her
application evidence, including acceptable written
certification of previous creditable coverage, that will
establish to the Board's satisfaction, that he or she meets all
of the requirements to be a federally eligible individual and
is currently and permanently residing in this State (as of the
date his or her application was received by the Board).
(c) Except as otherwise provided in this Section, a period
of creditable coverage shall not be counted, with respect to
qualifying an applicant for Plan coverage as a federally
eligible individual under this Section, if after such period
and before the application for Plan coverage was received by
the Board, there was at least a 90-day 90 day period during all
of which the individual was not covered under any creditable
coverage.
For a federally eligible person who has been certified as
eligible pursuant to the federal Trade Act of 2002, a period of
creditable coverage shall not be counted, with respect to
qualifying an applicant for Plan coverage as a federally
eligible individual under this Section, if after such period
and before the application for Plan coverage was received by
the Board, there was at least a 63-day 63 day period during all
of which the individual was not covered under any creditable
coverage.
(d) Any federally eligible individual who the Board
determines qualifies for Plan coverage under this Section shall
be offered his or her choice of enrolling in one of alternative
portability health benefit plans which the Board is authorized
under this Section to establish for these federally eligible
individuals and their dependents.
(e) The Board shall offer a choice of health care coverages
consistent with major medical coverage under the alternative
health benefit plans authorized by this Section to every
federally eligible individual. The coverages to be offered
under the plans, the schedule of benefits, deductibles,
co-payments, exclusions, and other limitations shall be
approved by the Board. One optional form of coverage shall be
comparable to comprehensive health insurance coverage offered
in the individual market in this State or a standard option of
coverage available under the group or individual health
insurance laws of the State. The standard benefit plan that is
authorized by Section 8 of this Act may be used for this
purpose. The Board may also offer a preferred provider option
and such other options as the Board determines may be
appropriate for these federally eligible individuals who
qualify for Plan coverage pursuant to this Section.
(f) Notwithstanding the requirements of subsection f f. of
Section 8, any Plan coverage that is issued to federally
eligible individuals who qualify for the Plan pursuant to the
portability provisions of this Section shall not be subject to
any preexisting conditions exclusion, waiting period, or other
similar limitation on coverage.
(g) Federally eligible individuals who qualify and enroll
in the Plan pursuant to this Section shall be required to pay
such premium rates as the Board shall establish and approve in
accordance with the requirements of Section 7.1 of this Act.
(h) A federally eligible individual who qualifies and
enrolls in the Plan pursuant to this Section must satisfy on an
ongoing basis all of the other eligibility requirements of this
Act to the extent not inconsistent with the federal Health
Insurance Portability and Accountability Act of 1996 in order
to maintain continued eligibility for coverage under the Plan.
(Source: P.A. 97-333, eff. 8-12-11; revised 9-2-16.)
Section 430. The Farm Mutual Insurance Company Act of 1986
is amended by changing Section 12 as follows:
(215 ILCS 120/12) (from Ch. 73, par. 1262)
Sec. 12. Investments. Without the prior approval of the
Director, the funds of any company operating under or regulated
by the provisions of this Act, shall be invested only in the
following:
(1) Direct obligations of the United States of America,
or obligations of agencies or instrumentalities of the
United States to the extent guaranteed or insured as to the
payment of principal and interest by the United States of
America;
(2) Bonds which are direct, general obligations of the
State of Illinois or any other state, subject to a maximum
of 30% of admitted assets in states other than Illinois in
the aggregate;
(3) Bonds which are direct, general obligations of
political subdivisions of the State of Illinois or any
other state, subject to the following conditions:
(a) Maximum of 5% of admitted assets in any one
political subdivision;
(b) Maximum of 30% of admitted assets in all
political subdivisions in the aggregate;
(c) Rating of A3 or higher by Moody's Investors
Service, Inc. or A- or higher by Standard & Poor's
Corporation;
(4) Bonds, notes, debentures, or other similar
obligations of the United States of America, its agencies,
and its instrumentalities, subject to a maximum investment
of 10% of admitted assets in any one issuer;
(5) Bonds that are obligations of corporations
organized by the United States of America, subject to the
following conditions:
(a) Maximum of 5% of admitted assets in any one
issuer;
(b) Maximum of 15% of admitted assets in the
aggregate;
(c) Rating of A3 or higher by Moody's Investors
Service, Inc. or A- or higher by Standard & Poor's
Corporation;
(d) Maximum maturity of no longer than that 10
years;
(6) Mutual funds, unit investment trusts, and exchange
traded funds, subject to the following conditions:
(a) Maximum of 6% of policyholders' surplus in any
one balanced or growth mutual fund that invests in
common stock;
(b) Maximum of 5% of admitted assets in any one
bond or income mutual fund or any one non-governmental
money market mutual fund;
(c) Maximum of 10% of admitted assets in any one
governmental money market mutual fund;
(d) Maximum of 25% of admitted assets in all mutual
funds in the aggregate;
(7) Common stock and preferred stock subject to the
following conditions:
(a) Common stock and preferred stock shall be
traded on the New York Stock Exchange or the American
Stock Exchange or listed on the National Association of
Securities Dealers Automated Quotation (NASDAQ)
system;
(b) Maximum of 3% of policyholders' surplus in
excess of $400,000 in any one common stock or preferred
stock issuer provided that the net unearned premium
reserve does not exceed policyholders' surplus;
(8) Investments authorized under subdivision (a) of
item (6) and subdivision (a) of item (7) of this Section
shall not in the aggregate exceed 15% of policyholders'
surplus;
(9) Funds on deposit in solvent banks and savings and
loan associations which are insured by the Federal Deposit
Insurance Corporation; however, the uninsured portion of
funds held in any one such bank or association shall not
exceed 5% of the company's policyholders' surplus;
(10) Real estate for home office building purposes,
provided that such investments are approved by the Director
of Insurance on the basis of a showing by the company that
the company has adequate assets available for such
investment and that the proposed acquisition does not
exceed the reasonable normal value of such property;
(11) Amounts in excess of the investment limitations
contained in items (2) through (9) may be allowed, subject
to the following conditions:
(a) Maximum additional investment of 3% of
admitted assets in any one issuer;
(b) Maximum additional investment of 6% of
admitted assets in the aggregate.
An investment that qualified under this Section at the time
it was acquired by the company shall continue to qualify under
this Section.
Investments permitted under this Section shall be
registered in the name of the company and under its direct
control or shall be held in a custodial account with a bank or
trust company that is qualified to administer trusts in
Illinois under the Corporate Fiduciary Act and that has an
office in Illinois. However, securities may be held in street
form and in the custody of a licensed dealer for a period not
to exceed 30 days.
Notwithstanding the provisions of this Act, the Director
may, after notice and hearing, order a company to limit or
withdraw from certain investments or discontinue certain
investments or investment practices to the extent the Director
finds those investments or investment practices endanger the
solvency of the company.
(Source: P.A. 98-823, eff. 1-1-15; revised 9-2-16.)
Section 435. The Health Maintenance Organization Act is
amended by changing Section 4-10 as follows:
(215 ILCS 125/4-10) (from Ch. 111 1/2, par. 1409.3)
Sec. 4-10. Medical necessity; dispute resolution;
independent second opinion. (a) Medical Necessity - Dispute
Resolution-Independent Second Opinion. Each Health Maintenance
Organization shall provide a mechanism for the timely review by
a physician holding the same class of license as the primary
care physician, who is unaffiliated with the Health Maintenance
Organization, jointly selected by the patient (or the patient's
next of kin or legal representative if the patient is unable to
act for himself), primary care physician and the Health
Maintenance Organization in the event of a dispute between the
primary care physician and the Health Maintenance Organization
regarding the medical necessity of a covered service proposed
by a primary care physician. In the event that the reviewing
physician determines the covered service to be medically
necessary, the Health Maintenance Organization shall provide
the covered service. Future contractual or employment action by
the Health Maintenance Organization regarding the primary care
physician shall not be based solely on the physician's
participation in this procedure.
(Source: P.A. 85-20; 85-850; revised 10-5-16.)
Section 440. The Limited Health Service Organization Act is
amended by changing Sections 4003 and 4006 as follows:
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the provisions
of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
356z.10, 356z.21, 356z.22, 368a, 401, 401.1, 402, 403, 403A,
408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII
1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the
Illinois Insurance Code. For purposes of the Illinois Insurance
Code, except for Sections 444 and 444.1 and Articles XIII and
XIII 1/2, limited health service organizations in the following
categories are deemed to be domestic companies:
(1) a corporation under the laws of this State; or
(2) a corporation organized under the laws of another
state, 30% or of more of the enrollees of which are
residents of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a domestic company under Article VIII
1/2 of the Illinois Insurance Code.
(Source: P.A. 97-486, eff. 1-1-12; 97-592, 1-1-12; 97-805, eff.
1-1-13; 97-813, eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091,
eff. 1-1-15; revised 10-5-16.)
(215 ILCS 130/4006) (from Ch. 73, par. 1504-6)
Sec. 4006. Supervision of rehabilitation, liquidation or
conservation by the Director.
(a) For purposes of the rehabilitation, liquidation or
conservation of a limited health service organization, the
operation of a limited health service organization in this
State constitutes a form of insurance protection which should
be governed by the same provisions governing the
rehabilitation, liquidation or conservation of insurance
companies. Any rehabilitation, liquidation or conservation of
a limited health service organization shall be based upon the
grounds set forth in and subject to the provisions of the laws
of this State regarding the rehabilitation, liquidation or
conservation of an insurance company and shall be conducted
under the supervision of the Director. Insolvency, as a ground
for rehabilitation, liquidation or conservation of a limited
health service organization, shall be recognized when a limited
health service organization cannot be expected to satisfy its
financial obligations when such obligations are to become due
or when the limited health service organization has neglected
to correct, within the time prescribed by subsection (c) of
Section 2004, a deficiency occurring due to such organization's
prescribed minimum net worth being impaired. For purpose of
determining the priority of distribution of general assets,
claims of enrollees and enrollees' beneficiaries shall have the
same priority as established by Section 205 of the Illinois
Insurance Code, for policyholders and beneficiaries of
insureds of insurance companies. If an enrollee is liable to
any provider for services provided pursuant to and covered by
the limited health care plan, that liability shall have the
status of an enrollee claim for distribution of general assets.
Any provider who is obligated by statute or agreement to
hold enrollees harmless from liability for services provided
pursuant to and covered by a limited health care plan shall
have a priority of distribution of the general assets
immediately following that of enrollees and enrollees'
beneficiaries as described herein, and immediately preceding
the priority of distribution described in paragraph (e) of
subsection (1) of Section 205 of the Illinois Insurance Code.
(b) For purposes of Articles XIII and XIII 1/2 of the
Illinois Insurance Code, organizations in the following
categories shall be deemed to be a domestic company and a
domiciliary company:
(1) a corporation organized under the laws of this
State; or
(2) a corporation organized under the laws of another
state, 20% or more of the enrollees of which are residents
of this State, except where such a corporation is, in its
state of incorporation, subject to rehabilitation,
liquidation and conservation under the laws relating to
insurance companies.
(Source: P.A. 89-206, eff. 7-21-95; revised 10-5-16.)
Section 445. The Viatical Settlements Act of 2009 is
amended by changing Section 15 as follows:
(215 ILCS 159/15)
Sec. 15. License revocation for viatical settlement
providers.
(a) The Director may refuse to issue or renew or may
suspend or revoke the license of any viatical settlement
provider if the Director finds any of the following:
(1) there was any material misrepresentation in the
application for the license;
(2) the viatical settlement provider or any officer,
partner, member, or controlling person uses fraudulent or
dishonest practices or is otherwise shown to be
untrustworthy, incompetent, or financially irresponsible
in this State or elsewhere;
(3) the viatical settlement provider demonstrates a
pattern of unreasonable payments to viators;
(4) the viatical settlement provider or any officer,
partner, member, or controlling person has violated any
insurance laws or any rule, subpoena, or order of the
Director or of another state's chief insurance regulatory
official or is subject to a final administrative action
brought by the Director or by the Illinois Secretary of
State or by another state's chief insurance regulatory
official or chief securities regulatory official;
(5) the viatical settlement provider has used a
viatical settlement contract that has not been approved
pursuant to this Act;
(6) the viatical settlement provider has failed to
honor contractual obligations set out in a viatical
settlement contract;
(7) the viatical settlement provider no longer meets
the requirements for initial licensure;
(8) the viatical settlement provider has assigned,
transferred, or pledged a purchased policy to a person
other than a viatical settlement provider licensed in this
State, a viatical settlement purchaser, a financing
entity, a special purpose entity, or a related provider
trust; or
(9) the viatical settlement provider or any officer,
partner, member, or controlling person of the viatical
settlement provider has violated any of the provisions of
this Act.
(b) If the Director denies a viatical settlement provider
license application or suspends, revokes, or refuses to renew
the license of a viatical settlement provider, the Director
shall notify the applicant or viatical settlement provider and
advise, in writing, the applicant or viatical settlement
provider of the reason for the suspension, revocation, denial,
or nonrenewal of the applicant's or licensee's license. The
applicant or viatical settlement provider may make a written
demand upon the Director within 30 days after the date of
mailing for a hearing before the Director to determine the
reasonableness of the Director's action. The hearing must be
held within not fewer than 20 days nor more than 30 days after
the mailing of the notice of hearing and shall be held in
accordance with the Illinois Administrative Procedure Act and
50 Ill. Adm. Code 2402 Section 2402 of Chapter 50 of the
Illinois Administrative Code.
(Source: P.A. 96-736, eff. 7-1-10; revised 9-13-16.)
Section 450. The Public Utilities Act is amended by
changing Section 13-703 as follows:
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
(Section scheduled to be repealed on July 1, 2017)
Sec. 13-703. (a) The Commission shall design and implement
a program whereby each telecommunications carrier providing
local exchange service shall provide a telecommunications
device capable of servicing the needs of those persons with a
hearing or speech disability together with a single party line,
at no charge additional to the basic exchange rate, to any
subscriber who is certified as having a hearing or speech
disability by a hearing care professional, as defined in the
Hearing Instrument Consumer Protection Act, a speech-language
pathologist, or a qualified State agency and to any subscriber
which is an organization serving the needs of those persons
with a hearing or speech disability as determined and specified
by the Commission pursuant to subsection (d).
(b) The Commission shall design and implement a program,
whereby each telecommunications carrier providing local
exchange service shall provide a telecommunications relay
system, using third party intervention to connect those persons
having a hearing or speech disability with persons of normal
hearing by way of intercommunications devices and the telephone
system, making available reasonable access to all phases of
public telephone service to persons who have a hearing or
speech disability. In order to design a telecommunications
relay system which will meet the requirements of those persons
with a hearing or speech disability available at a reasonable
cost, the Commission shall initiate an investigation and
conduct public hearings to determine the most cost-effective
method of providing telecommunications relay service to those
persons who have a hearing or speech disability when using
telecommunications devices and therein solicit the advice,
counsel, and physical assistance of Statewide nonprofit
consumer organizations that serve persons with hearing or
speech disabilities in such hearings and during the development
and implementation of the system. The Commission shall phase in
this program, on a geographical basis, as soon as is
practicable, but no later than June 30, 1990.
(c) The Commission shall establish a competitively neutral
rate recovery mechanism that establishes charges in an amount
to be determined by the Commission for each line of a
subscriber to allow telecommunications carriers providing
local exchange service to recover costs as they are incurred
under this Section. Beginning no later than April 1, 2016, and
on a yearly basis thereafter, the Commission shall initiate a
proceeding to establish the competitively neutral amount to be
charged or assessed to subscribers of telecommunications
carriers and wireless carriers, Interconnected VoIP service
providers, and consumers of prepaid wireless
telecommunications service in a manner consistent with this
subsection (c) and subsection (f) of this Section. The
Commission shall issue its order establishing the
competitively neutral amount to be charged or assessed to
subscribers of telecommunications carriers and wireless
carriers, Interconnected VoIP service providers, and
purchasers of prepaid wireless telecommunications service on
or prior to June 1 of each year, and such amount shall take
effect June 1 of each year.
Telecommunications carriers, wireless carriers,
Interconnected VoIP service providers, and sellers of prepaid
wireless telecommunications service shall have 60 days from the
date the Commission files its order to implement the new rate
established by the order.
(d) The Commission shall determine and specify those
organizations serving the needs of those persons having a
hearing or speech disability that shall receive a
telecommunications device and in which offices the equipment
shall be installed in the case of an organization having more
than one office. For the purposes of this Section,
"organizations serving the needs of those persons with hearing
or speech disabilities" means centers for independent living as
described in Section 12a of the Rehabilitation of Persons with
Disabilities Act and not-for-profit organizations whose
primary purpose is serving the needs of those persons with
hearing or speech disabilities. The Commission shall direct the
telecommunications carriers subject to its jurisdiction and
this Section to comply with its determinations and
specifications in this regard.
(e) As used in this Section:
"Prepaid wireless telecommunications service" has the
meaning given to that term under Section 10 of the Prepaid
Wireless 9-1-1 Surcharge Act.
"Retail transaction" has the meaning given to that term
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Seller" has the meaning given to that term under Section
10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Telecommunications carrier providing local exchange
service" includes, without otherwise limiting the meaning of
the term, telecommunications carriers which are purely mutual
concerns, having no rates or charges for services, but paying
the operating expenses by assessment upon the members of such a
company and no other person.
"Wireless carrier" has the meaning given to that term under
Section 10 of the Wireless Emergency Telephone Safety Act.
(f) Interconnected VoIP service providers, sellers of
prepaid wireless telecommunications service, and wireless
carriers in Illinois shall collect and remit assessments
determined in accordance with this Section in a competitively
neutral manner in the same manner as a telecommunications
carrier providing local exchange service. However, the
assessment imposed on consumers of prepaid wireless
telecommunications service shall be collected by the seller
from the consumer and imposed per retail transaction as a
percentage of that retail transaction on all retail
transactions occurring in this State. The assessment on
subscribers of wireless carriers and consumers of prepaid
wireless telecommunications service shall not be imposed or
collected prior to June 1, 2016.
Sellers of prepaid wireless telecommunications service
shall remit the assessments to the Department of Revenue on the
same form and in the same manner which they remit the fee
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
the purposes of display on the consumers' receipts, the rates
of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
Act and the assessment under this Section may be combined. In
administration and enforcement of this Section, the provisions
of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
Section 15 and subsections (c) and (e) of Section 20 of the
Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
(the effective date of Public Act 99-6), the seller shall be
permitted to deduct and retain 3% of the assessments that are
collected by the seller from consumers and that are remitted
and timely filed with the Department) that are not inconsistent
with this Section, shall apply, as far as practicable, to the
subject matter of this Section to the same extent as if those
provisions were included in this Section. The Department shall
deposit all assessments and penalties collected under this
Section into the Illinois Telecommunications Access
Corporation Fund, a special fund created in the State treasury.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
amount available to the Commission for distribution out of the
Illinois Telecommunications Access Corporation Fund. The
amount certified shall be the amount (not including credit
memoranda) collected during the second preceding calendar
month by the Department, plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body or fund. The amount
paid to the Illinois Telecommunications Access Corporation
Fund shall not include any amount equal to the amount of
refunds made during the second preceding calendar month by the
Department to retailers under this Section or any amount that
the Department determines is necessary to offset any amounts
which were payable to a different taxing body or fund but were
erroneously paid to the Illinois Telecommunications Access
Corporation Fund. The Commission shall distribute all the funds
to the Illinois Telecommunications Access Corporation and the
funds may only be used in accordance with the provisions of
this Section. The Department shall deduct 2% of all amounts
deposited in the Illinois Telecommunications Access
Corporation Fund during every year of remitted assessments. Of
the 2% deducted by the Department, one-half shall be
transferred into the Tax Compliance and Administration Fund to
reimburse the Department for its direct costs of administering
the collection and remittance of the assessment. The remaining
one-half shall be transferred into the Public Utilities Fund to
reimburse the Commission for its costs of distributing to the
Illinois Telecommunications Access Corporation the amount
certified by the Department for distribution. The amount to be
charged or assessed under subsections (c) and (f) is not
imposed on a provider or the consumer for wireless Lifeline
service where the consumer does not pay the provider for the
service. Where the consumer purchases from the provider
optional minutes, texts, or other services in addition to the
federally funded Lifeline benefit, a consumer must pay the
charge or assessment, and it must be collected by the seller
according to this subsection (f).
Interconnected VoIP services shall not be considered an
intrastate telecommunications service for the purposes of this
Section in a manner inconsistent with federal law or Federal
Communications Commission regulation.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(h) The Commission may adopt rules necessary to implement
this Section.
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,
eff. 7-28-16; 99-847, eff. 8-19-16; revised 10-25-16.)
Section 455. The Child Care Act of 1969 is amended by
changing Sections 2.09, 7, and 14.6 as follows:
(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
Sec. 2.09. "Day care center" means any child care facility
which regularly provides day care for less than 24 hours per
day for (1) more than 8 children in a family home, or (2) more
than 3 children in a facility other than a family home,
including senior citizen buildings.
The term does not include:
(a) programs operated by (i) public or private
elementary school systems or secondary level school units
or institutions of higher learning that serve children who
shall have attained the age of 3 years or (ii) private
entities on the grounds of public or private elementary or
secondary schools and that serve children who have attained
the age of 3 years, except that this exception applies only
to the facility and not to the private entities' personnel
operating the program;
(b) programs or that portion of the program which
serves children who shall have attained the age of 3 years
and which are recognized by the State Board of Education;
(c) educational program or programs serving children
who shall have attained the age of 3 years and which are
operated by a school which is registered with the State
Board of Education and which is recognized or accredited by
a recognized national or multistate educational
organization or association which regularly recognizes or
accredits schools;
(d) programs which exclusively serve or that portion of
the program which serves children with disabilities who
shall have attained the age of 3 years but are less than 21
years of age and which are registered and approved as
meeting standards of the State Board of Education and
applicable fire marshal standards;
(e) facilities operated in connection with a shopping
center or service, religious services, or other similar
facility, where transient children are cared for
temporarily while parents or custodians of the children are
occupied on the premises and readily available;
(f) any type of day care center that is conducted on
federal government premises;
(g) special activities programs, including athletics,
crafts instruction, and similar activities conducted on an
organized and periodic basis by civic, charitable and
governmental organizations;
(h) part day child care facilities, as defined in
Section 2.10 of this Act;
(i) programs or that portion of the program which:
(1) serves children who shall have attained the age
of 3 years; ,
(2) is operated by churches or religious
institutions as described in Section 501(c)(3) of the
federal Internal Revenue Code; ,
(3) receives no governmental aid; ,
(4) is operated as a component of a religious,
nonprofit elementary school; ,
(5) operates primarily to provide religious
education; , and
(6) meets appropriate State or local health and
fire safety standards; or
(j) programs or portions of programs that:
(1) serve only school-age children and youth
(defined as full-time kindergarten children, as
defined in 89 Ill. Adm. Code 407.45, or older); ,
(2) are organized to promote childhood learning,
child and youth development, educational or
recreational activities, or character-building; ,
(3) operate primarily during out-of-school time or
at times when school is not normally in session; ,
(4) comply with the standards of the Illinois
Department of Public Health (77 Ill. Adm. Code 750) or
the local health department, the Illinois State Fire
Marshal (41 Ill. Adm. Code 100), and the following
additional health and safety requirements: procedures
for employee and volunteer emergency preparedness and
practice drills; procedures to ensure that first aid
kits are maintained and ready to use; the placement of
a minimum level of liability insurance as determined by
the Department; procedures for the availability of a
working telephone that is onsite and accessible at all
times; procedures to ensure that emergency phone
numbers are posted onsite; and a restriction on handgun
or weapon possession onsite, except if possessed by a
peace officer; ,
(5) perform and maintain authorization and results
of criminal history checks through the Illinois State
Police and FBI and checks of the Illinois Sex Offender
Registry, the National Sex Offender Registry, and
Child Abuse and Neglect Tracking System for employees
and volunteers who work directly with children; ,
(6) make hiring decisions in accordance with the
prohibitions against barrier crimes as specified in
Section 4.2 of this Act or in Section 21B-80 of the
School Code; ,
(7) provide parents with written disclosure that
the operations of the program are not regulated by
licensing requirements; , and
(8) obtain and maintain records showing the first
and last name and date of birth of the child, name,
address, and telephone number of each parent,
emergency contact information, and written
authorization for medical care.
Programs or portions of programs requesting Child Care
Assistance Program (CCAP) funding and otherwise meeting the
requirements under item (j) shall request exemption from the
Department and be determined exempt prior to receiving funding
and must annually meet the eligibility requirements and be
appropriate for payment under the CCAP.
Programs or portions of programs under item (j) that do not
receive State or federal funds must comply with staff
qualification and training standards established by rule by the
Department of Human Services. The Department of Human Services
shall set such standards after review of Afterschool for
Children and Teens Now (ACT Now) evidence-based quality
standards developed for school-age out-of-school time
programs, feedback from the school-age out-of-school time
program professionals, and review of out-of-school time
professional development frameworks and quality tools.
Out-of-school time programs for school-age youth that
receive State or federal funds must comply with only those
staff qualifications and training standards set for the program
by the State or federal entity issuing the funds.
For purposes of items (a), (b), (c), (d), and (i) of this
Section, "children who shall have attained the age of 3 years"
shall mean children who are 3 years of age, but less than 4
years of age, at the time of enrollment in the program.
(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
revised 10-27-16.)
(225 ILCS 10/7) (from Ch. 23, par. 2217)
Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various types
of facilities for child care defined in this Act and that are
equally applicable to like institutions under the control of
the Department and to foster family homes used by and under the
direct supervision of the Department. The Department shall seek
the advice and assistance of persons representative of the
various types of child care facilities in establishing such
standards. The standards prescribed and published under this
Act take effect as provided in the Illinois Administrative
Procedure Act, and are restricted to regulations pertaining to
the following matters and to any rules and regulations required
or permitted by any other Section of this Act:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications of
the applicant and other persons directly responsible for
the care and welfare of children served. All child day care
center licensees and employees who are required to report
child abuse or neglect under the Abused and Neglected Child
Reporting Act shall be required to attend training on
recognizing child abuse and neglect, as prescribed by
Department rules;
(3) The general financial ability and competence of the
applicant to provide necessary care for children and to
maintain prescribed standards;
(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child care
institution, maternity center, day care center, group
home, day care home, and group day care home shall have on
its premises during its hours of operation at least one
staff member certified in first aid, in the Heimlich
maneuver and in cardiopulmonary resuscitation by the
American Red Cross or other organization approved by rule
of the Department. Child welfare agencies shall not be
subject to such a staffing requirement. The Department may
offer, or arrange for the offering, on a periodic basis in
each community in this State in cooperation with the
American Red Cross, the American Heart Association or other
appropriate organization, voluntary programs to train
operators of foster family homes and day care homes in
first aid and cardiopulmonary resuscitation;
(5) The appropriateness, safety, cleanliness, and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming
to State laws and municipal codes to provide for the
physical comfort, care, and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental, and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health, and discharge of children,
including, for day care centers and day care homes, records
indicating each child has been immunized as required by
State regulations. The Department shall require proof that
children enrolled in a facility have been immunized against
Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;
(12) Provisions prohibiting firearms on day care
center premises except in the possession of peace officers;
(13) Provisions prohibiting handguns on day care home
premises except in the possession of peace officers or
other adults who must possess a handgun as a condition of
employment and who reside on the premises of a day care
home;
(14) Provisions requiring that any firearm permitted
on day care home premises, except handguns in the
possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked storage,
inaccessible to children and that ammunition permitted on
day care home premises shall be kept in locked storage
separate from that of disassembled firearms, inaccessible
to children;
(15) Provisions requiring notification of parents or
guardians enrolling children at a day care home of the
presence in the day care home of any firearms and
ammunition and of the arrangements for the separate, locked
storage of such firearms and ammunition; and
(16) Provisions requiring all licensed child care
facility employees who care for newborns and infants to
complete training every 3 years on the nature of sudden
unexpected infant death (SUID), sudden infant death
syndrome (SIDS), and the safe sleep recommendations of the
American Academy of Pediatrics; and .
(17) With respect to foster family homes, provisions
requiring the Department to review quality of care concerns
and to consider those concerns in determining whether a
foster family home is qualified to care for children.
(b) If, in a facility for general child care, there are
children diagnosed as mentally ill or children diagnosed as
having an intellectual or physical disability, who are
determined to be in need of special mental treatment or of
nursing care, or both mental treatment and nursing care, the
Department shall seek the advice and recommendation of the
Department of Human Services, the Department of Public Health,
or both Departments regarding the residential treatment and
nursing care provided by the institution.
(c) The Department shall investigate any person applying to
be licensed as a foster parent to determine whether there is
any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion of
such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program, self-help
group, or other suitable activities and if the Department
determines that the foster family home can provide a safe,
appropriate environment and meet the physical and emotional
needs of children.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of children
served. Such consultation shall include providing information
concerning education and training in early childhood
development to providers of day care home services. The
Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each
licensee or holder of a permit shall distribute copies of the
appropriate licensing standards and any other information
required by the Department to child care facilities under its
supervision. Each licensee or holder of a permit shall maintain
appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of
the facility and subject to inspection by authorized
representatives of the Department.
(f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for a
day care facility shall distribute a copy of the appropriate
summary and any other information required by the Department,
to the legal guardian of each child cared for in that facility
at the time when the child is enrolled or initially placed in
the facility. The licensee or holder of a permit for a day care
facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation
shall be a part of the records of the facility and subject to
inspection by an authorized representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards
applicable to such person's facility. Each licensee or holder
of a permit shall make available by posting at all times in a
common or otherwise accessible area a complete and current set
of licensing standards in order that all employees of the
facility may have unrestricted access to such standards. All
employees of the facility shall have reviewed the standards and
any subsequent changes. Each licensee or holder of a permit
shall maintain appropriate documentation of the current review
of licensing standards by all employees. Such records shall be
part of the records of the facility and subject to inspection
by authorized representatives of the Department.
(h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(i) The Department, in cooperation with the Department of
Public Health, shall work to increase immunization awareness
and participation among parents of children enrolled in day
care centers and day care homes by publishing on the
Department's website information about the benefits of
immunization against vaccine preventable diseases, including
influenza and pertussis. The information for vaccine
preventable diseases shall include the incidence and severity
of the diseases, the availability of vaccines, and the
importance of immunizing children and persons who frequently
have close contact with children. The website content shall be
reviewed annually in collaboration with the Department of
Public Health to reflect the most current recommendations of
the Advisory Committee on Immunization Practices (ACIP). The
Department shall work with day care centers and day care homes
licensed under this Act to ensure that the information is
annually distributed to parents in August or September.
(j) Any standard adopted by the Department that requires an
applicant for a license to operate a day care home to include a
copy of a high school diploma or equivalent certificate with
his or her application shall be deemed to be satisfied if the
applicant includes a copy of a high school diploma or
equivalent certificate or a copy of a degree from an accredited
institution of higher education or vocational institution or
equivalent certificate.
(Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15;
99-779, eff. 1-1-17; revised 10-27-16.)
(225 ILCS 10/14.6)
Sec. 14.6. Agency payment of salaries or other
compensation.
(a) A licensed child welfare agency may pay salaries or
other compensation to its officers, employees, agents,
contractors, or any other persons acting on its behalf for
providing adoption services, provided that all of the following
limitations apply:
(1) The fees, wages, salaries, or other compensation of
any description paid to the officers, employees,
contractors, or any other person acting on behalf of a
child welfare agency providing adoption services shall not
be unreasonably high in relation to the services actually
rendered. Every form of compensation shall be taken into
account in determining whether fees, wages, salaries, or
compensation are unreasonably high, including, but not
limited to, salary, bonuses, deferred and non-cash
compensation, retirement funds, medical and liability
insurance, loans, and other benefits such as the use,
purchase, or lease of vehicles, expense accounts, and food,
housing, and clothing allowances.
(2) Any earnings, if applicable, or compensation paid
to the child welfare agency's directors, stockholders, or
members of its governing body shall not be unreasonably
high in relation to the services rendered.
(3) Persons providing adoption services for a child
welfare agency may be compensated only for services
actually rendered and only on a fee-for-service, hourly
wage, or salary basis.
(b) The Department may adopt rules setting forth the
criteria to determine what constitutes unreasonably high fees
and compensation as those terms are used in this Section. In
determining the reasonableness of fees, wages, salaries, and
compensation under paragraphs (1) and (2) of subsection (a) of
this Section, the Department shall take into account the
location, number, and qualifications of staff, workload
requirements, budget, and size of the agency or person and
available norms for compensation within the adoption
community. Every licensed child welfare agency providing
adoption services shall provide the Department and the Attorney
General with a report, on an annual basis, providing a
description of the fees, wages, salaries and other compensation
described in paragraphs (1), (2), and (3) of subsection (a) of
this Section. Nothing in Section 12C-70 of the Criminal Code of
2012 shall be construed to prevent a child welfare agency from
charging fees or the payment of salaries and compensation as
limited in this Section and any applicable Section of this Act
or the Adoption Act.
(c) This Section does not apply to international adoption
services performed by those child welfare agencies governed by
the 1993 Hague Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption and the
Intercountry Adoption Act of 2000.
(d) Eligible agencies may be deemed compliant with this
Section.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
revised 9-14-16.)
Section 460. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 3 as follows:
(225 ILCS 20/3) (from Ch. 111, par. 6353)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Definitions. : The following words and phrases shall
have the meanings ascribed to them in this Section unless the
context clearly indicates otherwise:
1. "Department" means the Department of Financial and
Professional Regulation.
2. "Secretary" means the Secretary of Financial and
Professional Regulation.
3. "Board" means the Social Work Examining and Disciplinary
Board.
4. "Licensed Clinical Social Worker" means a person who
holds a license authorizing the independent practice of
clinical social work in Illinois under the auspices of an
employer or in private practice or under the auspices of public
human service agencies or private, nonprofit agencies
providing publicly sponsored human services.
5. "Clinical social work practice" means the providing of
mental health services for the evaluation, treatment, and
prevention of mental and emotional disorders in individuals,
families, and groups based on knowledge and theory of
professionally accepted theoretical structures, including, but
not limited to, psychosocial development, behavior,
psychopathology, unconscious motivation, interpersonal
relationships, and environmental stress.
6. "Treatment procedures" means among other things,
individual, marital, family, and group psychotherapy.
7. "Independent practice of clinical social work" means the
application of clinical social work knowledge and skills by a
licensed clinical social worker who regulates and is
responsible for her or his own practice or treatment
procedures.
8. "License" means that which is required to practice
clinical social work or social work under this Act, the
qualifications for which include specific education,
acceptable experience, and examination requirements.
9. "Licensed social worker" means a person who holds a
license authorizing the practice of social work, which includes
social services to individuals, groups or communities in any
one or more of the fields of social casework, social group
work, community organization for social welfare, social work
research, social welfare administration, or social work
education. Social casework and social group work may also
include clinical social work, as long as it is not conducted in
an independent practice, as defined in this Section.
10. "Address of record" means the address recorded by the
Department in the applicant's or licensee's application file or
license file, as maintained by the Department's licensure
maintenance unit.
(Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)
Section 465. The Illinois Dental Practice Act is amended by
changing Sections 8.1 and 44 as follows:
(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8.1. Permit for the administration of anesthesia and
sedation.
(a) No licensed dentist shall administer general
anesthesia, deep sedation, or conscious sedation without first
applying for and obtaining a permit for such purpose from the
Department. The Department shall issue such permit only after
ascertaining that the applicant possesses the minimum
qualifications necessary to protect public safety. A person
with a dental degree who administers anesthesia, deep sedation,
or conscious sedation in an approved hospital training program
under the supervision of either a licensed dentist holding such
permit or a physician licensed to practice medicine in all its
branches shall not be required to obtain such permit.
(b) In determining the minimum permit qualifications that
are necessary to protect public safety, the Department, by
rule, shall:
(1) establish the minimum educational and training
requirements necessary for a dentist to be issued an
appropriate permit;
(2) establish the standards for properly equipped
dental facilities (other than licensed hospitals and
ambulatory surgical treatment centers) in which general
anesthesia, deep sedation, or conscious sedation is
administered, as necessary to protect public safety;
(3) establish minimum requirements for all persons who
assist the dentist in the administration of general
anesthesia, deep sedation, or conscious sedation,
including minimum training requirements for each member of
the dental team, monitoring requirements, recordkeeping
requirements, and emergency procedures; and
(4) ensure that the dentist and all persons assisting
the dentist or monitoring the administration of general
anesthesia, deep sedation, or conscious sedation maintain
current certification in Basic Life Support (BLS); and .
(5) establish continuing education requirements in
sedation techniques for dentists who possess a permit under
this Section.
When establishing requirements under this Section, the
Department shall consider the current American Dental
Association guidelines on sedation and general anesthesia, the
current "Guidelines for Monitoring and Management of Pediatric
Patients During and After Sedation for Diagnostic and
Therapeutic Procedures" established by the American Academy of
Pediatrics and the American Academy of Pediatric Dentistry, and
the current parameters of care and Office Anesthesia Evaluation
(OAE) Manual established by the American Association of Oral
and Maxillofacial Surgeons.
(c) A licensed dentist must hold an appropriate permit
issued under this Section in order to perform dentistry while a
nurse anesthetist administers conscious sedation, and a valid
written collaborative agreement must exist between the dentist
and the nurse anesthetist, in accordance with the Nurse
Practice Act.
A licensed dentist must hold an appropriate permit issued
under this Section in order to perform dentistry while a nurse
anesthetist administers deep sedation or general anesthesia,
and a valid written collaborative agreement must exist between
the dentist and the nurse anesthetist, in accordance with the
Nurse Practice Act.
For the purposes of this subsection (c), "nurse
anesthetist" means a licensed certified registered nurse
anesthetist who holds a license as an advanced practice nurse.
(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,
eff. 8-11-09; revised 10-27-16.)
(225 ILCS 25/44) (from Ch. 111, par. 2344)
(Section scheduled to be repealed on January 1, 2026)
Sec. 44. Practice by corporations prohibited; exceptions
prohibited. Exceptions. No corporation shall practice
dentistry or engage therein, or hold itself out as being
entitled to practice dentistry, or furnish dental services or
dentists, or advertise under or assume the title of dentist or
dental surgeon or equivalent title, or furnish dental advice
for any compensation, or advertise or hold itself out with any
other person or alone, that it has or owns a dental office or
can furnish dental service or dentists, or solicit through
itself, or its agents, officers, employees, directors or
trustees, dental patronage for any dentist employed by any
corporation.
Nothing contained in this Act, however, shall:
(a) prohibit a corporation from employing a dentist or
dentists to render dental services to its employees,
provided that such dental services shall be rendered at no
cost or charge to the employees;
(b) prohibit a corporation or association from
providing dental services upon a wholly charitable basis to
deserving recipients;
(c) prohibit a corporation or association from
furnishing information or clerical services which can be
furnished by persons not licensed to practice dentistry, to
any dentist when such dentist assumes full responsibility
for such information or services;
(d) prohibit dental corporations as authorized by the
Professional Service Corporation Act, dental associations
as authorized by the Professional Association Act, or
dental limited liability companies as authorized by the
Limited Liability Company Act;
(e) prohibit dental limited liability partnerships as
authorized by the Uniform Partnership Act (1997);
(f) prohibit hospitals, public health clinics,
federally qualified health centers, or other entities
specified by rule of the Department from providing dental
services; or
(g) prohibit dental management service organizations
from providing non-clinical business services that do not
violate the provisions of this Act.
Any corporation violating the provisions of this Section is
guilty of a Class A misdemeanor and each day that this Act is
violated shall be considered a separate offense.
If a dental management service organization is responsible
for enrolling the dentist as a provider in managed care plans
provider networks, it shall provide verification to the managed
care provider network regarding whether the provider is
accepting new patients at each of the specific locations
listing the provider.
Nothing in this Section shall void any contractual
relationship between the provider and the organization.
(Source: P.A. 99-329, eff. 1-1-16; revised 10-27-16.)
Section 470. The Environmental Health Practitioner
Licensing Act is amended by changing Section 10 as follows:
(225 ILCS 37/10)
(Section scheduled to be repealed on January 1, 2019)
Sec. 10. Definitions. As used in this Act:
"Board" means the Board of Environmental Health
Practitioners Board as created in this Act.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Environmental health inspector" means an individual who,
in support of and under the general supervision of a licensed
environmental health practitioner or licensed professional
engineer, practices environmental health and meets the
educational qualifications of an environmental health
inspector.
"Environmental health practice" is the practice of
environmental health by licensed environmental health
practitioners within the meaning of this Act and includes, but
is not limited to, the following areas of professional
activities: milk and food sanitation; protection and
regulation of private water supplies; private waste water
management; domestic solid waste disposal practices;
institutional health and safety; and consultation and
education in these fields.
"Environmental health practitioner in training" means a
person licensed under this Act who meets the educational
qualifications of a licensed environmental health practitioner
and practices environmental health in support of and under the
general supervision of a licensed environmental health
practitioner or licensed professional engineer, but has not
passed the licensed environmental health practitioner
examination administered by the Department.
"License" means the authorization issued by the Department
permitting the person named on the authorization to practice
environmental health as defined in this Act.
"Licensed environmental health practitioner" is a person
who, by virtue of education and experience in the physical,
chemical, biological, and environmental health sciences, is
especially trained to organize, implement, and manage
environmental health programs, trained to carry out education
and enforcement activities for the promotion and protection of
the public health and environment, and is licensed as an
environmental health practitioner under this Act.
(Source: P.A. 92-837, eff. 8-22-02; revised 10-27-16.)
Section 475. The Funeral Directors and Embalmers Licensing
Code is amended by changing Section 15-75 as follows:
(225 ILCS 41/15-75)
(Section scheduled to be repealed on January 1, 2023)
Sec. 15-75. Violations; grounds for discipline; penalties.
(a) Each of the following acts is a Class A misdemeanor for
the first offense, and a Class 4 felony for each subsequent
offense. These penalties shall also apply to unlicensed owners
of funeral homes.
(1) Practicing the profession of funeral directing and
embalming or funeral directing, or attempting to practice
the profession of funeral directing and embalming or
funeral directing without a license as a funeral director
and embalmer or funeral director.
(2) Serving or attempting to serve as an intern under a
licensed funeral director and embalmer without a license as
a licensed funeral director and embalmer intern.
(3) Obtaining or attempting to obtain a license,
practice or business, or any other thing of value, by fraud
or misrepresentation.
(4) Permitting any person in one's employ, under one's
control or in or under one's service to serve as a funeral
director and embalmer, funeral director, or funeral
director and embalmer intern when the person does not have
the appropriate license.
(5) Failing to display a license as required by this
Code.
(6) Giving false information or making a false oath or
affidavit required by this Code.
(b) The Department may refuse to issue or renew, revoke,
suspend, place on probation or administrative supervision,
reprimand, or take other disciplinary or non-disciplinary
action as the Department may deem appropriate, including
imposing fines not to exceed $10,000 for each violation, with
regard to any license under the Code for any one or combination
of the following:
(1) Fraud or any misrepresentation in applying for or
procuring a license under this Code or in connection with
applying for renewal of a license under this Code.
(2) For licenses, conviction by plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or by sentencing of any crime, including, but not
limited to, convictions, preceding sentences of
supervision, conditional discharge, or first offender
probation, under the laws of any jurisdiction of the United
States: (i) that is a felony or (ii) that is a misdemeanor,
an essential element of which is dishonesty, or that is
directly related to the practice of the profession and, for
initial applicants, convictions set forth in Section 15-72
of this Act.
(3) Violation of the laws of this State relating to the
funeral, burial or disposition of deceased human bodies or
of the rules and regulations of the Department, or the
Department of Public Health.
(4) Directly or indirectly paying or causing to be paid
any sum of money or other valuable consideration for the
securing of business or for obtaining authority to dispose
of any deceased human body.
(5) Professional incompetence, gross negligence,
malpractice, or untrustworthiness in the practice of
funeral directing and embalming or funeral directing.
(6) (Blank).
(7) Engaging in, promoting, selling, or issuing burial
contracts, burial certificates, or burial insurance
policies in connection with the profession as a funeral
director and embalmer, funeral director, or funeral
director and embalmer intern in violation of any laws of
the State of Illinois.
(8) Refusing, without cause, to surrender the custody
of a deceased human body upon the proper request of the
person or persons lawfully entitled to the custody of the
body.
(9) Taking undue advantage of a client or clients as to
amount to the perpetration of fraud.
(10) Engaging in funeral directing and embalming or
funeral directing without a license.
(11) Encouraging, requesting, or suggesting by a
licensee or some person working on his behalf and with his
consent for compensation that a person utilize the services
of a certain funeral director and embalmer, funeral
director, or funeral establishment unless that information
has been expressly requested by the person. This does not
prohibit general advertising or pre-need solicitation.
(12) Making or causing to be made any false or
misleading statements about the laws concerning the
disposition of human remains, including, but not limited
to, the need to embalm, the need for a casket for cremation
or the need for an outer burial container.
(13) (Blank).
(14) Embalming or attempting to embalm a deceased human
body without express prior authorization of the person
responsible for making the funeral arrangements for the
body. This does not apply to cases where embalming is
directed by local authorities who have jurisdiction or when
embalming is required by State or local law. A licensee may
embalm without express prior authorization if a good faith
effort has been made to contact family members and has been
unsuccessful and the licensee has no reason to believe the
family opposes embalming.
(15) Making a false statement on a Certificate of Death
where the person making the statement knew or should have
known that the statement was false.
(16) Soliciting human bodies after death or while death
is imminent.
(17) Performing any act or practice that is a violation
of this Code, the rules for the administration of this
Code, or any federal, State or local laws, rules, or
regulations governing the practice of funeral directing or
embalming.
(18) Performing any act or practice that is a violation
of Section 2 of the Consumer Fraud and Deceptive Business
Practices Act.
(19) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(20) Taking possession of a dead human body without
having first obtained express permission from the person
holding the right to control the disposition in accordance
with Section 5 of the Disposition of Remains Act or a
public agency legally authorized to direct, control or
permit the removal of deceased human bodies.
(21) Advertising in a false or misleading manner or
advertising using the name of an unlicensed person in
connection with any service being rendered in the practice
of funeral directing or funeral directing and embalming.
The use of any name of an unlicensed or unregistered person
in an advertisement so as to imply that the person will
perform services is considered misleading advertising.
Nothing in this paragraph shall prevent including the name
of any owner, officer or corporate director of a funeral
home, who is not a licensee, in any advertisement used by a
funeral home with which the individual is affiliated, if
the advertisement specifies the individual's affiliation
with the funeral home.
(22) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(23) Failing to account for or remit any monies,
documents, or personal property that belongs to others that
comes into a licensee's possession.
(24) Treating any person differently to his detriment
because of race, color, creed, gender, religion, or
national origin.
(25) Knowingly making any false statements, oral or
otherwise, of a character likely to influence, persuade or
induce others in the course of performing professional
services or activities.
(26) Willfully making or filing false records or
reports in the practice of funeral directing and embalming,
including, but not limited to, false records filed with
State agencies or departments.
(27) Failing to acquire continuing education required
under this Code.
(28) (Blank).
(29) Aiding or assisting another person in violating
any provision of this Code or rules adopted pursuant to
this Code.
(30) Failing within 10 days, to provide information in
response to a written request made by the Department.
(31) Discipline by another state, District of
Columbia, territory, foreign nation, or governmental
agency, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Section.
(32) (Blank).
(33) Mental illness or disability which results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(34) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
(35) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill which results in a licensee's inability to practice
under this Code with reasonable judgment, skill, or safety.
(36) Failing to comply with any of the following
required activities:
(A) When reasonably possible, a funeral director
licensee or funeral director and embalmer licensee or
anyone acting on his or her behalf shall obtain the
express authorization of the person or persons
responsible for making the funeral arrangements for a
deceased human body prior to removing a body from the
place of death or any place it may be or embalming or
attempting to embalm a deceased human body, unless
required by State or local law. This requirement is
waived whenever removal or embalming is directed by
local authorities who have jurisdiction. If the
responsibility for the handling of the remains
lawfully falls under the jurisdiction of a public
agency, then the regulations of the public agency shall
prevail.
(B) A licensee shall clearly mark the price of any
casket offered for sale or the price of any service
using the casket on or in the casket if the casket is
displayed at the funeral establishment. If the casket
is displayed at any other location, regardless of
whether the licensee is in control of that location,
the casket shall be clearly marked and the registrant
shall use books, catalogues, brochures, or other
printed display aids to show the price of each casket
or service.
(C) At the time funeral arrangements are made and
prior to rendering the funeral services, a licensee
shall furnish a written statement of services to be
retained by the person or persons making the funeral
arrangements, signed by both parties, that shall
contain: (i) the name, address and telephone number of
the funeral establishment and the date on which the
arrangements were made; (ii) the price of the service
selected and the services and merchandise included for
that price; (iii) a clear disclosure that the person or
persons making the arrangement may decline and receive
credit for any service or merchandise not desired and
not required by law or the funeral director or the
funeral director and embalmer; (iv) the supplemental
items of service and merchandise requested and the
price of each item; (v) the terms or method of payment
agreed upon; and (vi) a statement as to any monetary
advances made by the registrant on behalf of the
family. The licensee shall maintain a copy of the
written statement of services in its permanent
records. All written statements of services are
subject to inspection by the Department.
(D) In all instances where the place of final
disposition of a deceased human body or the cremated
remains of a deceased human body is a cemetery, the
licensed funeral director and embalmer, or licensed
funeral director, who has been engaged to provide
funeral or embalming services shall remain at the
cemetery and personally witness the placement of the
human remains in their designated grave or the sealing
of the above ground depository, crypt, or urn. The
licensed funeral director or licensed funeral director
and embalmer may designate a licensed funeral director
and embalmer intern or representative of the funeral
home to be his or her witness to the placement of the
remains. If the cemetery authority, cemetery manager,
or any other agent of the cemetery takes any action
that prevents compliance with this paragraph (D), then
the funeral director and embalmer or funeral director
shall provide written notice to the Department within 5
business days after failing to comply. If the
Department receives this notice, then the Department
shall not take any disciplinary action against the
funeral director and embalmer or funeral director for a
violation of this paragraph (D) unless the Department
finds that the cemetery authority, manager, or any
other agent of the cemetery did not prevent the funeral
director and embalmer or funeral director from
complying with this paragraph (D) as claimed in the
written notice.
(E) A funeral director or funeral director and
embalmer shall fully complete the portion of the
Certificate of Death under the responsibility of the
funeral director or funeral director and embalmer and
provide all required information. In the event that any
reported information subsequently changes or proves
incorrect, a funeral director or funeral director and
embalmer shall immediately upon learning the correct
information correct the Certificate of Death.
(37) A finding by the Department that the licensee
license, after having his or her license placed on
probationary status or subjected to conditions or
restrictions, violated the terms of the probation or failed
to comply with such terms or conditions.
(38) (Blank).
(39) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act
and, upon proof by clear and convincing evidence, being
found to have caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(40) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any
other substance which results in the inability to practice
with reasonable judgment, skill, or safety.
(41) Practicing under a false or, except as provided by
law, an assumed name.
(42) Cheating on or attempting to subvert the licensing
examination administered under this Code.
(c) The Department may refuse to issue or renew or may
suspend without a hearing, as provided for in the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, the license of any person who fails to file a return,
to pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of tax, penalty or interest as
required by any tax Act administered by the Illinois Department
of Revenue, until the time as the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(d) No action may be taken under this Code against a person
licensed under this Code unless the action is commenced within
5 years after the occurrence of the alleged violations. A
continuing violation shall be deemed to have occurred on the
date when the circumstances last existed that give rise to the
alleged violation.
(e) Nothing in this Section shall be construed or enforced
to give a funeral director and embalmer, or his or her
designees, authority over the operation of a cemetery or over
cemetery employees. Nothing in this Section shall be construed
or enforced to impose duties or penalties on cemeteries with
respect to the timing of the placement of human remains in
their designated grave or the sealing of the above ground
depository, crypt, or urn due to patron safety, the allocation
of cemetery staffing, liability insurance, a collective
bargaining agreement, or other such reasons.
(f) All fines imposed under this Section shall be paid 60
days after the effective date of the order imposing the fine.
(g) The Department shall deny a license or renewal
authorized by this Code to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
(h) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(i) A person not licensed under this Code who is an owner
of a funeral establishment or funeral business shall not aid,
abet, assist, procure, advise, employ, or contract with any
unlicensed person to offer funeral services or aid, abet,
assist, or direct any licensed person contrary to or in
violation of any rules or provisions of this Code. A person
violating this subsection shall be treated as a licensee for
the purposes of disciplinary action under this Section and
shall be subject to cease and desist orders as provided in this
Code, the imposition of a fine up to $10,000 for each violation
and any other penalty provided by law.
(j) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension may end only upon a finding by a court that the
licensee is no longer subject to the involuntary admission or
judicial admission and issues an order so finding and
discharging the licensee, and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(k) In enforcing this Code, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Code, or who has applied for licensure
under this Code, to submit to a mental or physical examination,
or both, as required by and at the expense of the Department.
The Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physician shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Code or who has
applied for a license under this Code who, because of a
physical or mental illness or disability, including, but not
limited to, deterioration through the aging process or loss of
motor skill, is unable to practice the profession with
reasonable judgment, skill, or safety, may be required by the
Department to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice. Submission to care, counseling,
or treatment as required by the Department shall not be
considered discipline of a license. If the licensee refuses to
enter into a care, counseling, or treatment agreement or fails
to abide by the terms of the agreement, the Department may file
a complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Code and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 98-756, eff. 7-16-14; 99-876, eff. 1-1-17;
revised 10-27-16.)
Section 480. The Hearing Instrument Consumer Protection
Act is amended by changing Section 18 as follows:
(225 ILCS 50/18) (from Ch. 111, par. 7418)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18. Discipline by the Department. The Department may
refuse to issue or renew a license or it may revoke, suspend,
place on probation, censure, fine, or reprimand a licensee for
any of the following:
(a) Material misstatement in furnishing information to
the Department or to any other State or federal agency.
(b) Violations of this Act, or the rules promulgated
hereunder.
(c) Conviction of any crime under the laws of the
United States or any state or territory thereof which is a
felony or misdemeanor, an essential element of dishonesty,
or of any crime which is directly related to the practice
of the profession.
(d) Making any misrepresentation for the purpose of
obtaining a license or renewing a license, including
falsification of the continuing education requirement.
(e) Professional incompetence.
(f) Malpractice.
(g) Aiding or assisting another person in violating any
provision of this Act or the rules promulgated hereunder.
(h) Failing, within 30 days, to provide in writing
information in response to a written request made by the
Department.
(i) Engaging in dishonorable, unethical, or
unprofessional conduct which is likely to deceive,
defraud, or harm the public.
(j) Knowingly employing, directly or indirectly, any
suspended or unlicensed person to perform any services
covered by this Act.
(k) Habitual intoxication or addiction to the use of
drugs.
(l) Discipline by another state, the District of
Columbia, territory, or a foreign nation, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(m) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any service not actually rendered. Nothing in this
paragraph (m) affects any bona fide independent contractor
or employment arrangements among health care
professionals, health facilities, health care providers,
or other entities, except as otherwise prohibited by law.
Any employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (m) shall be construed to require
an employment arrangement to receive professional fees for
services rendered.
(n) A finding by the Board that the licensee, after
having his or her license placed on probationary status,
has violated the terms of or probation.
(o) Willfully making or filing false records or
reports.
(p) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(q) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgement, skill or safety.
(r) Solicitation of services or products by
advertising that is false or misleading. An advertisement
is false or misleading if it:
(1) contains an intentional misrepresentation of
fact;
(2) contains a false statement as to the licensee's
professional achievements, education, skills, or
qualifications in the hearing instrument dispensing
profession;
(3) makes a partial disclosure of a relevant fact,
including:
(i) the advertisement of a discounted price of
an item without identifying in the advertisement
or at the location of the item either the specific
product being offered at the discounted price or
the usual price of the item; and
(ii) the advertisement of the price of a
specifically identified hearing instrument if more
than one hearing instrument appears in the same
advertisement without an accompanying price;
(4) contains a representation that a product
innovation is new when, in fact, the product was first
offered by the manufacturer to the general public in
this State not less than 12 months before the date of
the advertisement;
(5) contains any other representation, statement,
or claim that is inherently misleading or deceptive; or
(6) contains information that the licensee
manufactures hearing instruments at the licensee's
office location unless the following statement
includes a statement disclosing that the instruments
are manufactured by a specified manufacturer and
assembled by the licensee.
(s) Participating in subterfuge or misrepresentation
in the fitting or servicing of a hearing instrument.
(t) (Blank).
(u) Representing that the service of a licensed
physician or other health professional will be used or made
available in the fitting, adjustment, maintenance, or
repair of hearing instruments when that is not true, or
using the words "doctor", "audiologist", "clinic",
"Clinical Audiologist", "Certified Hearing Aid
Audiologist", "State Licensed", "State Certified",
"Hearing Care Professional", "Licensed Hearing Instrument
Dispenser", "Licensed Hearing Aid Dispenser", "Board
Certified Hearing Instrument Specialist", "Hearing
Instrument Specialist", "Licensed Audiologist", or any
other term, abbreviation, or symbol which would give the
impression that service is being provided by persons who
are licensed or awarded a degree or title, or that the
person's service who is holding the license has been
recommended by a governmental agency or health provider,
when such is not the case.
(v) Advertising a manufacturer's product or using a
manufacturer's name or trademark implying a relationship
which does not exist.
(w) Directly or indirectly giving or offering anything
of value to any person who advises another in a
professional capacity, as an inducement to influence the
purchase of a product sold or offered for sale by a hearing
instrument dispenser or influencing persons to refrain
from dealing in the products of competitors.
(x) Conducting business while suffering from a
contagious disease.
(y) Engaging in the fitting or sale of hearing
instruments under a name with fraudulent intent.
(z) Dispensing a hearing instrument to a person who has
not been given tests utilizing appropriate established
procedures and instrumentation in the fitting of hearing
instruments, except where there is the replacement of a
hearing instrument, of the same make and model within one
year of the dispensing of the original hearing instrument.
(aa) Unavailability or unwillingness to adequately
provide for service or repair of hearing instruments fitted
and sold by the dispenser.
(bb) Violating the regulations of the Federal Food and
Drug Administration or the Federal Trade Commission as they
affect hearing instruments.
(cc) Violating any provision of the Consumer Fraud and
Deceptive Business Practices Act.
(dd) Violating the Health Care Worker Self-Referral
Act.
The Department, with the approval of the Board, may impose
a fine not to exceed $1,000 plus costs for the first violation
and not to exceed $5,000 plus costs for each subsequent
violation of this Act, and the rules promulgated hereunder, on
any person or entity described in this Act. Such fine may be
imposed as an alternative to any other disciplinary measure,
except for probation. The imposition by the Department of a
fine for any violation does not bar the violation from being
alleged in subsequent disciplinary proceedings. Such fines
shall be deposited in the Fund.
(Source: P.A. 96-1482, eff. 11-29-10; revised 9-14-16.)
Section 485. The Illinois Physical Therapy Act is amended
by changing Section 1 as follows:
(225 ILCS 90/1) (from Ch. 111, par. 4251)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1. Definitions. As used in this Act:
(1) "Physical therapy" means all of the following:
(A) Examining, evaluating, and testing individuals who
may have mechanical, physiological, or developmental
impairments, functional limitations, disabilities, or
other health and movement-related conditions, classifying
these disorders, determining a rehabilitation prognosis
and plan of therapeutic intervention, and assessing the
on-going effects of the interventions.
(B) Alleviating impairments, functional limitations,
or disabilities by designing, implementing, and modifying
therapeutic interventions that may include, but are not
limited to, the evaluation or treatment of a person through
the use of the effective properties of physical measures
and heat, cold, light, water, radiant energy, electricity,
sound, and air and use of therapeutic massage, therapeutic
exercise, mobilization, and rehabilitative procedures,
with or without assistive devices, for the purposes of
preventing, correcting, or alleviating a physical or
mental impairment, functional limitation, or disability.
(C) Reducing the risk of injury, impairment,
functional limitation, or disability, including the
promotion and maintenance of fitness, health, and
wellness.
(D) Engaging in administration, consultation,
education, and research.
"Physical therapy" includes, but is not limited to: (a)
performance of specialized tests and measurements, (b)
administration of specialized treatment procedures, (c)
interpretation of referrals from physicians, dentists,
advanced practice nurses, physician assistants, and podiatric
physicians, (d) establishment, and modification of physical
therapy treatment programs, (e) administration of topical
medication used in generally accepted physical therapy
procedures when such medication is either prescribed by the
patient's physician, licensed to practice medicine in all its
branches, the patient's physician licensed to practice
podiatric medicine, the patient's advanced practice nurse, the
patient's physician assistant, or the patient's dentist or used
following the physician's orders or written instructions, and
(f) supervision or teaching of physical therapy. Physical
therapy does not include radiology, electrosurgery,
chiropractic technique or determination of a differential
diagnosis; provided, however, the limitation on determining a
differential diagnosis shall not in any manner limit a physical
therapist licensed under this Act from performing an evaluation
pursuant to such license. Nothing in this Section shall limit a
physical therapist from employing appropriate physical therapy
techniques that he or she is educated and licensed to perform.
A physical therapist shall refer to a licensed physician,
advanced practice nurse, physician assistant, dentist,
podiatric physician, other physical therapist, or other health
care provider any patient whose medical condition should, at
the time of evaluation or treatment, be determined to be beyond
the scope of practice of the physical therapist.
(2) "Physical therapist" means a person who practices
physical therapy and who has met all requirements as provided
in this Act.
(3) "Department" means the Department of Professional
Regulation.
(4) "Director" means the Director of Professional
Regulation.
(5) "Board" means the Physical Therapy Licensing and
Disciplinary Board approved by the Director.
(6) "Referral" means a written or oral authorization for
physical therapy services for a patient by a physician,
dentist, advanced practice nurse, physician assistant, or
podiatric physician who maintains medical supervision of the
patient and makes a diagnosis or verifies that the patient's
condition is such that it may be treated by a physical
therapist.
(7) "Documented current and relevant diagnosis" for the
purpose of this Act means a diagnosis, substantiated by
signature or oral verification of a physician, dentist,
advanced practice nurse, physician assistant, or podiatric
physician, that a patient's condition is such that it may be
treated by physical therapy as defined in this Act, which
diagnosis shall remain in effect until changed by the
physician, dentist, advanced practice nurse, physician
assistant, or podiatric physician.
(8) "State" includes:
(a) the states of the United States of America;
(b) the District of Columbia; and
(c) the Commonwealth of Puerto Rico.
(9) "Physical therapist assistant" means a person licensed
to assist a physical therapist and who has met all requirements
as provided in this Act and who works under the supervision of
a licensed physical therapist to assist in implementing the
physical therapy treatment program as established by the
licensed physical therapist. The patient care activities
provided by the physical therapist assistant shall not include
the interpretation of referrals, evaluation procedures, or the
planning or major modification of patient programs.
(10) "Physical therapy aide" means a person who has
received on the job training, specific to the facility in which
he is employed.
(11) "Advanced practice nurse" means a person licensed as
an advanced practice nurse under the Nurse Practice Act.
(12) "Physician assistant" means a person licensed under
the Physician Assistant Practice Act of 1987.
(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
99-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
Section 490. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended by
changing Sections 30 and 80 as follows:
(225 ILCS 107/30) (from Ch. 111, par. 8451-30)
(Section scheduled to be repealed on January 1, 2023)
Sec. 30. Professional Counselor Licensing Examining and
Disciplinary Board.
(a) The Secretary shall appoint a Board which shall serve
in an advisory capacity to the Secretary. The Board shall
consist of 7 persons, 2 of whom are licensed solely as
professional counselors, 3 of whom are licensed solely as
clinical professional counselors, one full-time faculty member
of an accredited college or university that is engaged in
training professional counselors or clinical professional
counselors who possesses the qualifications substantially
equivalent to the education and experience requirements for a
professional counselor or clinical professional counselor, and
one member of the public who is not a licensed health care
provider. In appointing members of the Board, the Secretary
shall give due consideration to the adequate representation of
the various fields of counseling. In appointing members of the
Board, the Secretary shall give due consideration to
recommendations by members of the professions of professional
counseling and clinical professional counseling, the Statewide
organizations representing the interests of professional
counselors and clinical professional counselors, organizations
representing the interests of academic programs,
rehabilitation counseling programs, and approved counseling
programs in the State of Illinois.
(b) Members shall be appointed for and shall serve 4 year
terms and until their successors are appointed and qualified.
No member of the Board shall serve more than 2 full consecutive
terms. Any appointment to fill a vacancy shall be for the
unexpired portion of the term.
(c) The membership of the Board should reasonably reflect
representation from different geographic areas of Illinois.
(d) (Blank).
(e) The Secretary shall have the authority to remove or
suspend any member for cause at any time prior to the
expiration of his or her term. The Secretary shall be the sole
arbiter of cause.
(f) The Board shall annually elect one of its members as
chairperson.
(g) The members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses incurred in
attending the meetings of the Board.
(h) The Board may make recommendations on matters relating
to approving graduate counseling, rehabilitation counseling,
psychology, and related programs.
(i) The Board may make recommendations on matters relating
to continuing education including the number of hours necessary
for license renewal, waivers for those unable to meet such
requirements, and acceptable course content. These
recommendations shall not impose an undue burden on the
Department or an unreasonable restriction on those seeking
license renewal.
(j) The Secretary shall give due consideration to all
recommendations of the Board.
(k) Four members of the Board shall constitute a quorum. A
quorum is required for all Board decisions.
(l) Members of the Board shall have no criminal, civil, or
professional liability in an action based upon a disciplinary
proceeding or other activity performed in good faith as a
member of the Board, except for willful or wanton misconduct.
(Source: P.A. 97-706, eff. 6-25-12; revised 10-27-16.)
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2023)
Sec. 80. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act or rules adopted under this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i) that
is a felony or (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly related
to the practice of the profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(5) Professional incompetence or gross negligence in
the rendering of professional counseling or clinical
professional counseling services.
(6) Malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Habitual or excessive use or abuse of drugs as
defined in law as controlled substances, alcohol, or any
other substance which results in inability to practice with
reasonable skill, judgment, or safety.
(11) Discipline by another jurisdiction, the District
of Columbia, territory, county, or governmental agency, if
at least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Section.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (12) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation.
(14) Abandonment of a client.
(15) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or
departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act and in matters pertaining
to suspected abuse, neglect, financial exploitation, or
self-neglect of adults with disabilities and older adults
as set forth in the Adult Protective Services Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of abilities and skills which results
in the inability to practice the profession with reasonable
judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(21) A finding that licensure has been applied for or
obtained by fraudulent means.
(22) Practicing under a false or, except as provided by
law, an assumed name.
(23) Gross and willful overcharging for professional
services including filing statements for collection of
fees or monies for which services are not rendered.
(24) Rendering professional counseling or clinical
professional counseling services without a license or
practicing outside the scope of a license.
(25) Clinical supervisors failing to adequately and
responsibly monitor supervisees.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(b) The Department shall deny, without hearing, any
application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois Student State Assistance Commission or any
governmental agency of this State in accordance with item (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(b-5) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(b-10) In cases where the Department of Healthcare and
Family Services has previously determined a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
(c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the recommendation of the Board to the
Secretary that the licensee be allowed to resume professional
practice.
(c-5) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Act, or who has applied for licensure under
this Act, to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor skill,
is unable to practice the profession with reasonable judgment,
skill, or safety, may be required by the Department to submit
to care, counseling, or treatment by physicians approved or
designated by the Department as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(d) (Blank).
(Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13; revised
10-27-16.)
Section 495. The Sex Offender Evaluation and Treatment
Provider Act is amended by changing Section 35 as follows:
(225 ILCS 109/35)
Sec. 35. Qualifications for licensure.
(a)(1) A person is qualified for licensure as a sex
offender evaluator if that person:
(A) has applied in writing on forms prepared and
furnished by the Department;
(B) has not engaged or is not engaged in any practice
or conduct that would be grounds for disciplining a
licensee under Section 75 of this Act; and
(C) satisfies the licensure and experience
requirements of paragraph (2) of this subsection (a).
(2) A person who applies to the Department shall be issued
a sex offender evaluator license by the Department if the
person meets the qualifications set forth in paragraph (1) of
this subsection (a) and provides evidence to the Department
that the person:
(A) is a physician licensed to practice medicine in all
of its branches under the Medical Practice Act of 1987 or
licensed under the laws of another state; an advanced
practice nurse with psychiatric specialty licensed under
the Nurse Practice Act or licensed under the laws of
another state; a clinical psychologist licensed under the
Clinical Psychologist Licensing Act or licensed under the
laws of another state; a licensed clinical social worker
licensed under the Clinical Social Work and Social Work
Practice Act or licensed under the laws of another state; a
licensed clinical professional counselor licensed under
the Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act or licensed under the
laws of another state; or a licensed marriage and family
therapist licensed under the Marriage and Family Therapy
Therapist Licensing Act or licensed under the laws of
another state;
(B) has 400 hours of supervised experience in the
treatment or evaluation of sex offenders in the last 4
years, at least 200 of which are face-to-face therapy or
evaluation with sex offenders;
(C) has completed at least 10 sex offender evaluations
under supervision in the past 4 years; and
(D) has at least 40 hours of documented training in the
specialty of sex offender evaluation, treatment, or
management.
Until January 1, 2015, the requirements of subparagraphs
(B) and (D) of paragraph (2) of this subsection (a) are
satisfied if the applicant has been listed on the Sex Offender
Management Board's Approved Provider List for a minimum of 2
years before application for licensure. Until January 1, 2015,
the requirements of subparagraph (C) of paragraph (2) of this
subsection (a) are satisfied if the applicant has completed at
least 10 sex offender evaluations within the 4 years before
application for licensure.
(b)(1) A person is qualified for licensure as a sex
offender treatment provider if that person:
(A) has applied in writing on forms prepared and
furnished by the Department;
(B) has not engaged or is not engaged in any practice
or conduct that would be grounds for disciplining a
licensee under Section 75 of this Act; and
(C) satisfies the licensure and experience
requirements of paragraph (2) of this subsection (b).
(2) A person who applies to the Department shall be issued
a sex offender treatment provider license by the Department if
the person meets the qualifications set forth in paragraph (1)
of this subsection (b) and provides evidence to the Department
that the person:
(A) is a physician licensed to practice medicine in all
of its branches under the Medical Practice Act of 1987 or
licensed under the laws of another state; an advanced
practice nurse with psychiatric specialty licensed under
the Nurse Practice Act or licensed under the laws of
another state; a clinical psychologist licensed under the
Clinical Psychologist Licensing Act or licensed under the
laws of another state; a licensed clinical social worker
licensed under the Clinical Social Work and Social Work
Practice Act or licensed under the laws of another state; a
licensed clinical professional counselor licensed under
the Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act or licensed under the
laws of another state; or a licensed marriage and family
therapist licensed under the Marriage and Family Therapy
Therapist Licensing Act or licensed under the laws of
another state;
(B) has 400 hours of supervised experience in the
treatment of sex offenders in the last 4 years, at least
200 of which are face-to-face therapy with sex offenders;
and
(C) has at least 40 hours documented training in the
specialty of sex offender evaluation, treatment, or
management.
Until January 1, 2015, the requirements of subparagraphs
(B) and (C) of paragraph (2) of this subsection (b) are
satisfied if the applicant has been listed on the Sex Offender
Management Board's Approved Provider List for a minimum of 2
years before application.
(c)(1) A person is qualified for licensure as an associate
sex offender provider if that person:
(A) has applied in writing on forms prepared and
furnished by the Department;
(B) has not engaged or is not engaged in any practice
or conduct that would be grounds for disciplining a
licensee under Section 75 of this Act; and
(C) satisfies the education and experience
requirements of paragraph (2) of this subsection (c).
(2) A person who applies to the Department shall be issued
an associate sex offender provider license by the Department if
the person meets the qualifications set forth in paragraph (1)
of this subsection (c) and provides evidence to the Department
that the person holds a master's degree or higher in social
work, psychology, marriage and family therapy, counseling or
closely related behavioral science degree, or psychiatry.
(Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13;
revised 9-14-16.)
Section 500. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 19.2 as follows:
(225 ILCS 115/19.2)
(Section scheduled to be repealed on January 1, 2024)
Sec. 19.2. Patient requests for prescriptions. A
veterinarian Veterinarians shall honor a client's request for a
prescription in lieu of dispensing a drug when a
veterinarian-client-patient relationship exists and the
veterinarian has determined that the drug is medically
necessary.
(Source: P.A. 99-223, eff. 7-31-15; revised 10-27-16.)
Section 505. The Genetic Counselor Licensing Act is amended
by changing Sections 10 and 95 as follows:
(225 ILCS 135/10)
(Section scheduled to be repealed on January 1, 2025)
Sec. 10. Definitions. As used in this Act:
"ABGC" means the American Board of Genetic Counseling.
"ABMG" means the American Board of Medical Genetics.
"Active candidate status" is awarded to applicants who have
received approval from the ABGC or ABMG to sit for their
respective certification examinations.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Genetic anomaly" means a variation in an individual's DNA
that has been shown to confer a genetically influenced disease
or predisposition to a genetically influenced disease or makes
a person a carrier of such variation. A "carrier" of a genetic
anomaly means a person who may or may not have a predisposition
or risk of incurring a genetically influenced condition and who
is at risk of having offspring with a genetically influenced
condition.
"Genetic counseling" means the provision of services,
which may include the ordering of genetic tests, to
individuals, couples, groups, families, and organizations by
one or more appropriately trained individuals to address the
physical and psychological issues associated with the
occurrence or risk of occurrence or recurrence of a genetic
disorder, birth defect, disease, or potentially inherited or
genetically influenced condition in an individual or a family.
"Genetic counseling" consists of the following:
(A) Estimating the likelihood of occurrence or
recurrence of a birth defect or of any potentially
inherited or genetically influenced condition. This
assessment may involve:
(i) obtaining and analyzing a complete health
history of the person and his or her family;
(ii) reviewing pertinent medical records;
(iii) evaluating the risks from exposure to
possible mutagens or teratogens;
(iv) recommending genetic testing or other
evaluations to diagnose a condition or determine the
carrier status of one or more family members;
(B) Helping the individual, family, health care
provider, or health care professional (i) appreciate the
medical, psychological and social implications of a
disorder, including its features, variability, usual
course and management options, (ii) learn how genetic
factors contribute to the disorder and affect the chance
for recurrence of the condition in other family members,
and (iii) understand available options for coping with,
preventing, or reducing the chance of occurrence or
recurrence of a condition.
(C) Facilitating an individual's or family's (i)
exploration of the perception of risk and burden associated
with the disorder and (ii) adjustment and adaptation to the
condition or their genetic risk by addressing needs for
psychological, social, and medical support.
"Genetic counselor" means a person licensed under this Act
to engage in the practice of genetic counseling.
"Genetic testing" and "genetic test" mean a test or
analysis of human genes, gene products, DNA, RNA, chromosomes,
proteins, or metabolites that detects genotypes, mutations,
chromosomal changes, abnormalities, or deficiencies, including
carrier status, that (i) are linked to physical or mental
disorders or impairments, (ii) indicate a susceptibility to
illness, disease, impairment, or other disorders, whether
physical or mental, or (iii) demonstrate genetic or chromosomal
damage due to environmental factors. "Genetic testing" and
"genetic tests" do not include routine physical measurements;
chemical, blood and urine analyses that are widely accepted and
in use in clinical practice; tests for use of drugs; tests for
the presence of the human immunodeficiency virus; analyses of
proteins or metabolites that do not detect genotypes,
mutations, chromosomal changes, abnormalities, or
deficiencies; or analyses of proteins or metabolites that are
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be detected by a
health care professional with appropriate training and
expertise in the field of medicine involved.
"Person" means an individual, association, partnership, or
corporation.
"Qualified supervisor" means any person who is a licensed
genetic counselor, as defined by rule, or a physician licensed
to practice medicine in all its branches. A qualified
supervisor may be provided at the applicant's place of work, or
may be contracted by the applicant to provide supervision. The
qualified supervisor shall file written documentation with the
Department of employment, discharge, or supervisory control of
a genetic counselor at the time of employment, discharge, or
assumption of supervision of a genetic counselor.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Supervision" means review of aspects of genetic
counseling and case management in a bimonthly meeting with the
person under supervision.
(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
99-633, eff. 1-1-17; revised 10-27-16.)
(225 ILCS 135/95)
(Section scheduled to be repealed on January 1, 2025)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 for each violation, with regard to any license
for any one or more of the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States: (i) that is a felony or
(ii) that is a misdemeanor, an essential element of which
is dishonesty, or that is directly related to the practice
of genetic counseling.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this Act
or its rules.
(5) Negligence in the rendering of genetic counseling
services.
(6) Failure to provide genetic testing results and any
requested information to a referring physician licensed to
practice medicine in all its branches, advanced practice
nurse, or physician assistant.
(7) Aiding or assisting another person in violating any
provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10.5) Failure to maintain client records of services
provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in inability to practice with reasonable
skill, judgment, or safety.
(13) Discipline by another governmental agency or unit
of government, by any jurisdiction of the United States, or
by a foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth in this Section.
(14) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (14) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (14) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status has
violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or
departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(20) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty of interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue or any successor agency or the Internal Revenue
Service or any successor agency.
(23) Fraud or making any misrepresentation in applying
for or procuring a license under this Act or in connection
with applying for renewal of a license under this Act.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or
monies for which services are not rendered.
(26) (Blank).
(27) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(28) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(b) The Department shall deny, without hearing, any
application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois Student State Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the determination of the Secretary that the
licensee be allowed to resume professional practice.
(d) The Department may refuse to issue or renew or may
suspend without hearing the license of any person who fails to
file a return, to pay the tax penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any Act regarding the
payment of taxes administered by the Illinois Department of
Revenue until the requirements of the Act are satisfied in
accordance with subsection (g) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
item (5) of subsection (a) of Section 2105-15 of the Department
of Professional Regulation Law of the Civil Administrative Code
of Illinois.
(f) All fines or costs imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or costs or in accordance with the terms set
forth in the order imposing the fine.
(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
99-633, eff. 1-1-17; revised 10-27-16.)
Section 510. The Private Sewage Disposal Licensing Act is
amended by changing Section 5 as follows:
(225 ILCS 225/5) (from Ch. 111 1/2, par. 116.305)
Sec. 5. (a) The Director shall issue a private sewage
system installation contractor license or a private sewage
disposal system pumping contractor license to persons applying
for such license who successfully pass a written examination
prepared by the Department and who pay the required annual
license fee in an amount determined by the Department. Each
person who holds a currently valid plumbing license issued
under the "Illinois Plumbing License Law", as now or hereafter
amended, shall not be required to pay the annual license fee
required by this Section, but such licensed person shall comply
with all other provisions of this Act, including the
requirement for examination for licensure.
(b) A license issued under this Act shall expire on
December 31 of the year issued, except that an original license
issued after October 1 and before December 31 shall expire on
December 31 of the following year.
The Department shall reinstate a license which expires
while a licensee is in the active military service of the
United States upon application to the Department by the former
licensee within 2 years after termination of such military
service, payment of the annual license fee, and submission of
evidence of such military service. Such license shall be
reinstated without examination and without payment of the
reinstatement fee.
(c) A private sewage disposal system pumping contractor or
a private sewage system installation contractor whose license
has expired for a period of less than 3 years may apply to the
Department for reinstatement of his license. The Department
shall issue such renewed license provided the applicant pays to
the Department all lapsed license fees, plus a reinstatement
fee determined by the Department. A license which has expired
for more than 3 years may be restored only by reapplying to
take the examination and by successfully passing the written
examination.
(Source: P.A. 85-1261; revised 9-14-16.)
Section 515. The Structural Pest Control Act is amended by
changing Section 3.14 as follows:
(225 ILCS 235/3.14) (from Ch. 111 1/2, par. 2203.14)
(Section scheduled to be repealed on December 31, 2019)
Sec. 3.14. "Restricted Pesticide" means any substance or
mixture of substances intended for preventing, destroying,
repelling, or mitigating any pest, the use of which has been
categorized as restricted under subparagraph (C) of paragraph
(1) of subsection (d) of Section 3 of the Federal Insecticide,
Fungicide, and Rodenticide Act as amended or under the Illinois
Pesticide Act.
(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08;
revised 9-14-16.)
Section 520. The Interior Design Title Act is amended by
changing Section 21 as follows:
(225 ILCS 310/21) (from Ch. 111, par. 8221)
(Section scheduled to be repealed on January 1, 2022)
Sec. 21. Administrative Review Law. All final
administrative decisions decision of the Department are
subject to judicial review under the Administrative Review Law
and its rules. The term "administrative decision" is defined as
in Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides, but if the party is not a resident of this
State, the venue shall be in Sangamon County.
The Department shall not be required to certify any record
to the court or file any answer in court or otherwise appear in
any court in a judicial review proceeding, unless there is
filed in the court with the complaint a receipt from the
Department acknowledging payment of the costs of furnishing and
certifying the record. Exhibits shall be certified without
cost. Failure on the part of the plaintiff to file a receipt in
court shall be grounds for dismissal of the action. During the
pendency and hearing of any and all judicial proceedings
incident to a disciplinary action, any sanctions imposed upon
the registrant by the Department shall remain in full force and
effect.
(Source: P.A. 86-1404; 87-1031; revised 9-14-16.)
Section 525. The Illinois Plumbing License Law is amended
by changing Section 3 as follows:
(225 ILCS 320/3) (from Ch. 111, par. 1103)
Sec. 3. (1) All planning and designing of plumbing systems
and all plumbing shall be performed only by plumbers licensed
under the provisions of this Act hereinafter called "licensed
plumbers" and "licensed apprentice plumbers". The inspection
of plumbing and plumbing systems shall be done only by the
sponsor or his or her agent who shall be an Illinois licensed
plumber. Nothing herein contained shall prohibit licensed
plumbers or licensed apprentice plumbers under supervision
from planning, designing, inspecting, installing, repairing,
maintaining, altering or extending building sewers in
accordance with this Act. No person who holds a license or
certificate of registration under the Illinois Architecture
Practice Act of 1989, or the Structural Engineering Practice
Act of 1989, or the Professional Engineering Practice Act of
1989 shall be prevented from planning and designing plumbing
systems. Each licensed plumber shall, as a condition of each
annual license renewal after the first license, provide proof
of completion of 4 hours of continuing education. Sponsors of
continuing education shall meet the criteria provided by the
Board of Plumbing Examiners and Plumbing Code advisory council.
Continuing education courses shall provide instruction in
plumbing, which is supervised directly by an Illinois licensed
plumber only.
(2) Nothing herein contained shall prohibit the owner
occupant or lessee occupant of a single family residence, or
the owner of a single family residence under construction for
his or her occupancy, from planning, installing, altering or
repairing the plumbing system of such residence, provided that
(i) such plumbing shall comply with the minimum standards for
plumbing contained in the Illinois State Plumbing Code, and
shall be subject to inspection by the Department or the local
governmental unit if it retains a licensed plumber as an
inspector; and (ii) such owner, owner occupant or lessee
occupant shall not employ other than a plumber licensed
pursuant to this Act to assist him or her.
For purposes of this subsection, a person shall be
considered an "occupant" if and only if he or she has taken
possession of and is living in the premises as his or her bona
fide sole and exclusive residence, or, in the case of an owner
of a single family residence under construction for his or her
occupancy, he or she expects to take possession of and live in
the premises as his or her bona fide sole and exclusive
residence, and he or she has a current intention to live in
such premises as his or her bona fide sole and exclusive
residence for a period of not less than 6 months after the
completion of the plumbing work performed pursuant to the
authorization of this subsection, or, in the case of an owner
of a single family residence under construction for his or her
occupancy, for a period of not less than 6 months after the
completion of construction of the residence. Failure to possess
and live in the premises as a sole and exclusive residence for
a period of 6 months or more shall create a rebuttable
presumption of a lack of such intention.
(3) The employees of a firm, association, partnership or
corporation who engage in plumbing shall be licensed plumbers
or licensed apprentice plumbers. At least one member of every
firm, association or partnership engaged in plumbing work, and
at least one corporate officer of every corporation engaged in
plumbing work, as the case may be, shall be a licensed plumber.
A retired plumber cannot fulfill the requirements of this
subsection (3). Plumbing contractors are also required to be
registered pursuant to the provisions of this Act.
Notwithstanding the provisions of this subsection (3), it
shall be lawful for an irrigation contractor registered under
Section 2.5 of this Act to employ or contract with one or more
licensed plumbers in connection with work on lawn sprinkler
systems pursuant to Section 2.5 of this Act.
(4)(a) A licensed apprentice plumber shall plan, design and
install plumbing only under the supervision of the sponsor or
his or her agent who is also an Illinois licensed plumber.
(b) An applicant for licensing as an apprentice plumber
shall be at least 16 years of age and apply on the application
form provided by the Department. Such application shall verify
that the applicant is sponsored by an Illinois licensed plumber
or an approved apprenticeship program and shall contain the
name and license number of the licensed plumber or program
sponsor.
(c) No licensed plumber shall sponsor more than 2 licensed
apprentice plumbers at the same time. If 2 licensed apprentice
plumbers are sponsored by a plumber at the same time, one of
the apprentices must have, at a minimum, 2 years experience as
a licensed apprentice. No licensed plumber sponsor or his or
her agent may supervise 2 licensed apprentices with less than 2
years experience at the same time. The sponsor or agent shall
supervise and be responsible for the plumbing performed by a
licensed apprentice.
(d) No agent shall supervise more than 2 licensed
apprentices at the same time.
(e) No licensed plumber may, in any capacity, supervise
more than 2 licensed apprentice plumbers at the same time.
(f) No approved apprenticeship program may sponsor more
licensed apprentices than 2 times the number of licensed
plumbers available to supervise those licensed apprentices.
(g) No approved apprenticeship program may sponsor more
licensed apprentices with less than 2 years experience than it
has licensed plumbers available to supervise those licensed
apprentices.
(h) No individual shall work as an apprentice plumber
unless he or she is properly licensed under this Act. The
Department shall issue an apprentice plumber's license to each
approved applicant.
(i) No licensed apprentice plumber shall serve more than a
6 year licensed apprenticeship period. If, upon completion of a
6 year licensed apprenticeship period, such licensed
apprentice plumber does not apply for the examination for a
plumber's license and successfully pass the examination for a
plumber's license, his or her apprentice plumber's license
shall not be renewed.
Nothing contained in Public Act P.A. 83-878, entitled "An
Act in relation to professions", approved September 26, 1983,
was intended by the General Assembly nor should it be construed
to require the employees of a governmental unit or privately
owned municipal water supplier who operate, maintain or repair
a water or sewer plant facility which is owned or operated by
such governmental unit or privately owned municipal water
supplier to be licensed plumbers under this Act. In addition,
nothing contained in Public Act P.A. 83-878 was intended by the
General Assembly nor should it be construed to permit persons
other than licensed plumbers to perform the installation,
repair, maintenance or replacement of plumbing fixtures, such
as toilet facilities, floor drains, showers and lavatories, and
the piping attendant to those fixtures, within such facility or
in the construction of a new facility.
Nothing contained in Public Act P.A. 83-878, entitled "An
Act in relation to professions", approved September 26, 1983,
was intended by the General Assembly nor should it be construed
to require the employees of a governmental unit or privately
owned municipal water supplier who install, repair or maintain
water service lines from water mains in the street, alley or
curb line to private property lines and who install, repair or
maintain water meters to be licensed plumbers under this Act if
such work was customarily performed prior to the effective date
of such Act by employees of such governmental unit or privately
owned municipal water supplier who were not licensed plumbers.
Any such work which was customarily performed prior to the
effective date of such Act by persons who were licensed
plumbers or subcontracted to persons who were licensed plumbers
must continue to be performed by persons who are licensed
plumbers or subcontracted to persons who are licensed plumbers.
When necessary under this Act, the Department shall make the
determination whether or not persons who are licensed plumbers
customarily performed such work.
(Source: P.A. 99-504, eff. 1-1-17; revised 9-14-16.)
Section 530. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Section 10 as
follows:
(225 ILCS 427/10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file maintained by the Department's licensure
maintenance unit. It is the duty of the applicant or licensee
to inform the Department of any change of address, and such
changes must be made either through the Department's website or
by contacting the Department's licensure maintenance unit.
"Advertise" means, but is not limited to, issuing or
causing to be distributed any card, sign or device to any
person; or causing, permitting or allowing any sign or marking
on or in any building, structure, newspaper, magazine or
directory, or on radio or television; or advertising by any
other means designed to secure public attention.
"Board" means the Illinois Community Association Manager
Licensing and Disciplinary Board.
"Community association" means an association in which
membership is a condition of ownership or shareholder interest
of a unit in a condominium, cooperative, townhouse, villa, or
other residential unit which is part of a residential
development plan and that is authorized to impose an
assessment, rents, or other costs that may become a lien on the
unit or lot.
"Community association funds" means any assessments, fees,
fines, or other funds collected by the community association
manager from the community association, or its members, other
than the compensation paid to the community association manager
for performance of community association management services.
"Community association management firm" means a company,
corporation, limited liability company, or other entity that
engages in community association management services.
"Community association management services" means those
services listed in the definition of community association
manager in this Section.
"Community association manager" means an individual who
administers for remuneration the financial, administrative,
maintenance, or other duties for the community association,
including the following services: (A) collecting, controlling
or disbursing funds of the community association or having the
authority to do so; (B) preparing budgets or other financial
documents for the community association; (C) assisting in the
conduct of community association meetings; (D) maintaining
association records; and (E) administrating association
contracts, as stated in the declaration, bylaws, proprietary
lease, declaration of covenants, or other governing document of
the community association. "Community association manager"
does not mean support staff, including, but not limited to
bookkeepers, administrative assistants, secretaries, property
inspectors, or customer service representatives.
"Department" means the Department of Financial and
Professional Regulation.
"License" means the license issued to a person,
corporation, partnership, limited liability company, or other
legal entity under this Act to provide community association
management services.
"Person" means any individual, corporation, partnership,
limited liability company, or other legal entity.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Supervising community association manager" means an
individual licensed as a community association manager who
manages and supervises a firm.
(Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)
Section 535. The Detection of Deception Examiners Act is
amended by changing Section 7.1 as follows:
(225 ILCS 430/7.1) (from Ch. 111, par. 2408)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7.1. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for
retention, continuation, or renewal of the license is
specifically excluded. For the purposes of this Act, the notice
required under Section 10-25 of the Illinois Administrative
Procedure Act is deemed sufficient when mailed to the last
known address of a party.
(Source: P.A. 88-45; revised 9-14-16.)
Section 540. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Section 5-15 as follows:
(225 ILCS 458/5-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-15. Application for State certified residential
real estate appraiser. (a) Every person who desires to obtain a
State certified residential real estate appraiser license
shall:
(1) apply to the Department on forms provided by the
Department accompanied by the required fee;
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination authorized
by the Department and endorsed by the AQB;
(5) prior to taking the examination, provide evidence
to the Department, in Modular Course format, with each
module conforming to the Required Core Curriculum
established and adopted by the AQB, that he or she has
successfully completed the prerequisite classroom hours of
instruction in appraising as established by the AQB and by
rule; and
(6) prior to taking the examination, provide evidence
to the Department that he or she has successfully completed
the prerequisite experience and educational requirements
as established by AQB and by rule.
(Source: P.A. 98-1109, eff. 1-1-15; revised 9-16-16.)
Section 545. The Solicitation for Charity Act is amended by
changing Section 4 as follows:
(225 ILCS 460/4) (from Ch. 23, par. 5104)
Sec. 4. (a) Every charitable organization registered
pursuant to Section 2 of this Act which shall receive in any
12-month 12 month period ending upon its established fiscal or
calendar year contributions in excess of $300,000 and every
charitable organization whose fund raising functions are not
carried on solely by staff employees or persons who are unpaid
for such services, if the organization shall receive in any
12-month 12 month period ending upon its established fiscal or
calendar year contributions in excess of $25,000, shall file a
written report with the Attorney General upon forms prescribed
by him, on or before June 30 of each year if its books are kept
on a calendar basis, or within 6 months after the close of its
fiscal year if its books are kept on a fiscal year basis, which
written report shall include a financial statement covering the
immediately preceding 12-month 12 month period of operation.
Such financial statement shall include a balance sheet and
statement of income and expense, and shall be consistent with
forms furnished by the Attorney General clearly setting forth
the following: gross receipts and gross income from all
sources, broken down into total receipts and income from each
separate solicitation project or source; cost of
administration; cost of solicitation; cost of programs
designed to inform or educate the public; funds or properties
transferred out of this State, with explanation as to recipient
and purpose; cost of fundraising; compensation paid to
trustees; and total net amount disbursed or dedicated for each
major purpose, charitable or otherwise. Such report shall also
include a statement of any changes in the information required
to be contained in the registration form filed on behalf of
such organization. The report shall be signed by the president
or other authorized officer and the chief fiscal officer of the
organization who shall certify that the statements therein are
true and correct to the best of their knowledge, and shall be
accompanied by an opinion signed by an independent certified
public accountant that the financial statement therein fairly
represents the financial operations of the organization in
sufficient detail to permit public evaluation of its
operations. Said opinion may be relied upon by the Attorney
General.
(b) Every organization registered pursuant to Section 2 of
this Act which shall receive in any 12-month 12 month period
ending upon its established fiscal or calendar year of any year
contributions:
(1) in excess of $15,000, but not in excess of $25,000,
during a fiscal year shall file only a simplified summary
financial statement disclosing only the gross receipts,
total disbursements, and assets on hand at the end of the
year on forms prescribed by the Attorney General; or
(2) in excess of $25,000, but not in excess of
$300,000, if it is not required to submit a report under
subsection (a) of this Section, shall file a written report
with the Attorney General upon forms prescribed by him, on
or before June 30 of each year if its books are kept on a
calendar basis, or within 6 months after the close of its
fiscal year if its books are kept on a fiscal year basis,
which shall include a financial statement covering the
immediately preceding 12-month period of operation limited
to a statement of such organization's gross receipts from
contributions, the gross amount expended for charitable
educational programs, other charitable programs,
management expense, and fund raising expenses including a
separate statement of the cost of any goods, services or
admissions supplied as part of its solicitations, and the
disposition of the net proceeds from contributions,
including compensation paid to trustees, consistent with
forms furnished by the Attorney General. Such report shall
also include a statement of any changes in the information
required to be contained in the registration form filed on
behalf of such organization. The report shall be signed by
the president or other authorized officer and the chief
fiscal officer of the organization who shall certify that
the statements therein are true and correct to the best of
their knowledge.
(c) For any fiscal or calendar year of any organization
registered pursuant to Section 2 of this Act in which such
organization would have been exempt from registration pursuant
to Section 3 of this Act if it had not been so registered, or in
which it did not solicit or receive contributions, such
organization shall file, on or before June 30 of each year if
its books are kept on a calendar basis, or within 6 months
after the close of its fiscal year if its books are kept on a
fiscal year basis, instead of the reports required by
subdivisions (a) or (b) of this Section, a statement certified
under penalty of perjury by its president and chief fiscal
officer stating the exemption and the facts upon which it is
based or that such organization did not solicit or receive
contributions in such fiscal year. The statement shall also
include a statement of any changes in the information required
to be contained in the registration form filed on behalf of
such organization.
(d) As an alternative means of satisfying the duties and
obligations otherwise imposed by this Section, any veterans
organization chartered or incorporated under federal law and
any veterans organization which is affiliated with, and
recognized in the bylaws of, a congressionally chartered or
incorporated organization may, at its option, annually file
with the Attorney General the following documents:
(1) A copy of its Form 990, as filed with the Internal
Revenue Service.
(2) Copies of any reports required to be filed by the
affiliate with the congressionally chartered or
incorporated veterans organization, as well as copies of
any reports filed by the congressionally chartered or
incorporated veterans organization with the government of
the United States pursuant to federal law.
(3) Copies of all contracts entered into by the
congressionally chartered or incorporated veterans
organization or its affiliate for purposes of raising funds
in this State, such copies to be filed with the Attorney
General no more than 30 days after execution of the
contracts.
(e) As an alternative means of satisfying all of the duties
and obligations otherwise imposed by this Section, any person,
pursuant to a contract with a charitable organization, a
veterans organization or an affiliate described or referred to
in subsection (d), who receives, collects, holds or transports
as the agent of the organization or affiliate for purposes of
resale any used or second hand personal property, including but
not limited to household goods, furniture or clothing donated
to the organization or affiliate may, at its option, annually
file with the Attorney General the following documents,
accompanied by an annual filing fee of $15:
(1) A notarized report including the number of
donations of personal property it has received on behalf of
the charitable organization, veterans organization or
affiliate during the preceding proceeding year. For
purposes of this report, the number of donations of
personal property shall refer to the number of stops or
pickups made regardless of the number of items received at
each stop or pickup. The report may cover the person's
fiscal year, in which case it shall be filed with the
Attorney General no later than 90 days after the close of
that fiscal year.
(2) All contracts with the charitable organization,
veterans organization or affiliate under which the person
has acted as an agent for the purposes listed above.
(3) All contracts by which the person agreed to pay the
charitable organization, veterans organization or
affiliate a fixed amount for, or a fixed percentage of the
value of, each donation of used or second hand personal
property. Copies of all such contracts shall be filed no
later than 30 days after they are executed.
(f) The Attorney General may seek appropriate equitable
relief from a court or, in his discretion, cancel the
registration of any organization which fails to comply with
subdivision (a), (b), or (c) of this Section within the time
therein prescribed, or fails to furnish such additional
information as is requested by the Attorney General within the
required time; except that the time may be extended by the
Attorney General for a period not to exceed 60 days upon a
timely written request and for good cause stated. Unless
otherwise stated herein, the Attorney General shall, by rule,
set forth the standards used to determine whether a
registration shall be cancelled as authorized by this
subsection. Such standards shall be stated as precisely and
clearly as practicable, to inform fully those persons affected.
Notice of such cancellation shall be mailed to the registrant
at least 15 days before the effective date thereof.
(g) The Attorney General in his discretion may, pursuant to
rule, accept executed copies of federal Internal Revenue
returns and reports as a portion of the foregoing annual
reporting in the interest of minimizing paperwork, except there
shall be no substitute for the independent certified public
accountant audit opinion required by this Act.
(h) The Attorney General after canceling the registration
of any trust or organization which fails to comply with this
Section within the time therein prescribed may by court
proceedings, in addition to all other relief, seek to collect
the assets and distribute such under court supervision to other
charitable purposes.
(i) Every trustee, person, and organization required to
file an annual report shall pay a filing fee of $15 with each
annual financial report filed pursuant to this Section. If a
proper and complete annual report is not timely filed, a late
filing fee of an additional $100 is imposed and shall be paid
as a condition of filing a late report. Reports submitted
without the proper fee shall not be accepted for filing.
Payment of the late filing fee and acceptance by the Attorney
General shall both be conditions of filing a late report. All
late filing fees shall be used to provide charitable trust
enforcement and dissemination of charitable trust information
to the public and shall be maintained in a separate fund for
such purpose known as the Illinois Charity Bureau Fund.
(j) There is created hereby a separate special fund in the
State Treasury to be known as the Illinois Charity Bureau Fund.
That Fund shall be under the control of the Attorney General,
and the funds, fees, and penalties deposited therein shall be
used by the Attorney General to enforce the provisions of this
Act and to gather and disseminate information about charitable
trustees and organizations to the public.
(Source: P.A. 96-488, eff. 1-1-10; revised 10-27-16.)
Section 550. The Coal Mining Act is amended by changing
Section 25.05 as follows:
(225 ILCS 705/25.05) (from Ch. 96 1/2, par. 2505)
Sec. 25.05. The person to whom multi-gas detectors are
given shall be responsible for the condition and proper use of
the multi-gas detectors while in their possession.
(Source: P.A. 99-538, eff. 1-1-17; revised 9-16-16.)
Section 555. The Surface-Mined Land Conservation and
Reclamation Act is amended by changing Section 8 as follows:
(225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)
Sec. 8. Bond of operator; amount; sufficiency of surety;
violations; compliance. Any bond herein provided to be filed
with the Department by the operator shall be in such form as
the Director prescribes, payable to the People of the State of
Illinois, conditioned that the operator shall faithfully
perform all requirements of this Act and comply with all rules
of the Department made in accordance with the provisions of
this Act. Such bond shall be signed by the operator as
principal, and by a good and sufficient corporate surety,
licensed to do business in Illinois, as surety. The penalty of
such bond shall be an amount between $600 and $10,000 per acre
as determined by the Director for lands to be affected by
surface mining, including slurry and gob disposal areas. Under
circumstances where a written agreement between the operator
and a third party requires require overburden to be removed,
replaced, graded, and seeded in a manner that the necessary
bond penalty exceeds $10,000 per acre, the Department shall
require a bond amount sufficient to ensure the completion of
the reclamation plan specified in the approved permit in the
event of forfeiture. In no case shall the bond for the entire
area under one permit be less than $600 per acre or $3,000,
whichever is greater. Areas used for the disposal of slurry and
gob shall continue under bond so long as they are in active
use. In lieu of such bonds, the operator may deposit any
combination of cash, certificates of deposits, government
securities, or irrevocable letters of credit with the
Department in an amount equal to that of the required surety
bond on conditions as prescribed in this Section. The penalty
of the bond or amount of other security shall be increased or
reduced from time to time as provided in this Act. Such bond or
security shall remain in effect until the affected lands have
been reclaimed, approved, and released by the Department except
that when the Department determines that grading and covering
with materials capable of supporting vegetation in accordance
with the plan has been satisfactorily completed, the Department
shall release the bond or security except the amount of $100
per acre which shall be retained by the Department until the
reclamation according to Section 6 of this Act has been
completed. Where an anticipated water impoundment has been
approved by the Department in the reclamation plan, and the
Department determines the impoundment will be satisfactorily
completed upon completion of the operation, the bond covering
such anticipated water impoundment area shall be released.
A bond filed as above prescribed shall not be cancelled by
the surety except after not less than 90 days' notice to the
Department.
If the license to do business in Illinois of any surety
upon a bond filed with the Department pursuant to this Act
shall be suspended or revoked, the operator, within 30 days
after receiving notice thereof from the Department, shall
substitute for such surety a good and sufficient corporate
surety licensed to do business in Illinois. Upon failure of the
operator to make substitution of surety as herein provided, the
Department shall have the right to suspend the permit of the
operator until such substitution has been made.
The Department shall give written notice to the operator of
any violation of this Act or non-compliance with any of the
rules and regulations promulgated by the Department hereunder
and if corrective measures, approved by the Department, are not
commenced within 45 days, the Department may proceed as
provided in Section 11 of this Act to request forfeiture of the
bond or security. The forfeiture shall be the amount of bond or
security in effect at the time of default for each acre or
portion thereof with respect to which the operator has
defaulted. Such forfeiture shall fully satisfy all obligations
of the operator to reclaim the affected land under the
provisions of this Act.
The Department shall have the power to reclaim, in keeping
with the provisions of this Act, any affected land with respect
to which a bond has been forfeited.
Whenever an operator shall have completed all requirements
under the provisions of this Act as to any affected land, he
shall notify the Department thereof. If the Department
determines that the operator has completed reclamation
requirements and refuse disposal requirements and has achieved
results appropriate to the use for which the area was
reclaimed, the Department shall release the operator from
further obligations regarding such affected land and the
penalty of the bond shall be reduced proportionately.
Bonding aggregate mining operations under permit by the
State is an exclusive power and function of the State. A home
rule unit may not require bonding of aggregate mining
operations under permit by the State. This provision is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution of 1970.
(Source: P.A. 99-224, eff. 1-1-16; revised 9-16-16.)
Section 560. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 26, 26.2, 32.1, and 40 as follows:
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel
system of wagering, as defined in Section 3.12 of this Act, on
horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
and televised in Illinois in accordance with subsection (g) of
Section 26 of this Act. Subject to the prior consent of the
Board, licensees may supplement any pari-mutuel pool in order
to guarantee a minimum distribution. Such pari-mutuel method of
wagering shall not, under any circumstances if conducted under
the provisions of this Act, be held or construed to be
unlawful, other statutes of this State to the contrary
notwithstanding. Subject to rules for advance wagering
promulgated by the Board, any licensee may accept wagers in
advance of the day of the race wagered upon occurs.
(b) No other method of betting, pool making, wagering or
gambling shall be used or permitted by the licensee. Each
licensee may retain, subject to the payment of all applicable
taxes and purses, an amount not to exceed 17% of all money
wagered under subsection (a) of this Section, except as may
otherwise be permitted under this Act.
(b-5) An individual may place a wager under the pari-mutuel
system from any licensed location authorized under this Act
provided that wager is electronically recorded in the manner
described in Section 3.12 of this Act. Any wager made
electronically by an individual while physically on the
premises of a licensee shall be deemed to have been made at the
premises of that licensee.
(c) Until January 1, 2000, the sum held by any licensee for
payment of outstanding pari-mutuel tickets, if unclaimed prior
to December 31 of the next year, shall be retained by the
licensee for payment of such tickets until that date. Within 10
days thereafter, the balance of such sum remaining unclaimed,
less any uncashed supplements contributed by such licensee for
the purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be paid to the Illinois Veterans'
Rehabilitation Fund of the State treasury, except as provided
in subsection (g) of Section 27 of this Act.
(c-5) Beginning January 1, 2000, the sum held by any
licensee for payment of outstanding pari-mutuel tickets, if
unclaimed prior to December 31 of the next year, shall be
retained by the licensee for payment of such tickets until that
date. Within 10 days thereafter, the balance of such sum
remaining unclaimed, less any uncashed supplements contributed
by such licensee for the purpose of guaranteeing minimum
distributions of any pari-mutuel pool, shall be evenly
distributed to the purse account of the organization licensee
and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December 31
of the next calendar year, and the licensee shall pay the same
and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer, jockey,
driver, or employee thereof, to be admitted during a racing
program unless accompanied by a parent or guardian, or any
minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in another
state or country to accept wagers solely within such other
state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these wagers
shall not be subject to State taxation. Until January 1, 2000,
when the out-of-State entity conducts a pari-mutuel pool
separate from the organization licensee, a privilege tax equal
to 7 1/2% of all monies received by the organization licensee
from entities in other states or countries pursuant to such
contracts is imposed on the organization licensee, and such
privilege tax shall be remitted to the Department of Revenue
within 48 hours of receipt of the moneys from the simulcast.
When the out-of-State entity conducts a combined pari-mutuel
pool with the organization licensee, the tax shall be 10% of
all monies received by the organization licensee with 25% of
the receipts from this 10% tax to be distributed to the county
in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also permit
pari-mutuel pools in other states or countries to be combined
with its gross or net wagering pools or with wagering pools
established by other states.
(g) A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the Board.
The Board may prohibit a simulcast program only if it finds
that the simulcast program is clearly adverse to the integrity
of racing. The host track simulcast program shall include the
signal of live racing of all organization licensees. All
non-host licensees and advance deposit wagering licensees
shall carry the signal of and accept wagers on live racing of
all organization licensees. Advance deposit wagering licensees
shall not be permitted to accept out-of-state wagers on any
Illinois signal provided pursuant to this Section without the
approval and consent of the organization licensee providing the
signal. For one year after August 15, 2014 (the effective date
of Public Act 98-968) this amendatory Act of the 98th General
Assembly, non-host licensees may carry the host track simulcast
program and shall accept wagers on all races included as part
of the simulcast program of horse races conducted at race
tracks located within North America upon which wagering is
permitted. For a period of one year after August 15, 2014 (the
effective date of Public Act 98-968) this amendatory Act of the
98th General Assembly, on horse races conducted at race tracks
located outside of North America, non-host licensees may accept
wagers on all races included as part of the simulcast program
upon which wagering is permitted. Beginning August 15, 2015
(one year after the effective date of Public Act 98-968) this
amendatory Act of the 98th General Assembly, non-host licensees
may carry the host track simulcast program and shall accept
wagers on all races included as part of the simulcast program
upon which wagering is permitted. All organization licensees
shall provide their live signal to all advance deposit wagering
licensees for a simulcast commission fee not to exceed 6% of
the advance deposit wagering licensee's Illinois handle on the
organization licensee's signal without prior approval by the
Board. The Board may adopt rules under which it may permit
simulcast commission fees in excess of 6%. The Board shall
adopt rules limiting the interstate commission fees charged to
an advance deposit wagering licensee. The Board shall adopt
rules regarding advance deposit wagering on interstate
simulcast races that shall reflect, among other things, the
General Assembly's desire to maximize revenues to the State,
horsemen purses, and organizational licensees. However,
organization licensees providing live signals pursuant to the
requirements of this subsection (g) may petition the Board to
withhold their live signals from an advance deposit wagering
licensee if the organization licensee discovers and the Board
finds reputable or credible information that the advance
deposit wagering licensee is under investigation by another
state or federal governmental agency, the advance deposit
wagering licensee's license has been suspended in another
state, or the advance deposit wagering licensee's license is in
revocation proceedings in another state. The organization
licensee's provision of their live signal to an advance deposit
wagering licensee under this subsection (g) pertains to wagers
placed from within Illinois. Advance deposit wagering
licensees may place advance deposit wagering terminals at
wagering facilities as a convenience to customers. The advance
deposit wagering licensee shall not charge or collect any fee
from purses for the placement of the advance deposit wagering
terminals. The costs and expenses of the host track and
non-host licensees associated with interstate simulcast
wagering, other than the interstate commission fee, shall be
borne by the host track and all non-host licensees incurring
these costs. The interstate commission fee shall not exceed 5%
of Illinois handle on the interstate simulcast race or races
without prior approval of the Board. The Board shall promulgate
rules under which it may permit interstate commission fees in
excess of 5%. The interstate commission fee and other fees
charged by the sending racetrack, including, but not limited
to, satellite decoder fees, shall be uniformly applied to the
host track and all non-host licensees.
Notwithstanding any other provision of this Act, through
December 31, 2018, an organization licensee, with the consent
of the horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may
maintain a system whereby advance deposit wagering may take
place or an organization licensee, with the consent of the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting, may
contract with another person to carry out a system of advance
deposit wagering. Such consent may not be unreasonably
withheld. Only with respect to an appeal to the Board that
consent for an organization licensee that maintains its own
advance deposit wagering system is being unreasonably
withheld, the Board shall issue a final order within 30 days
after initiation of the appeal, and the organization licensee's
advance deposit wagering system may remain operational during
that 30-day period. The actions of any organization licensee
who conducts advance deposit wagering or any person who has a
contract with an organization licensee to conduct advance
deposit wagering who conducts advance deposit wagering on or
after January 1, 2013 and prior to June 7, 2013 (the effective
date of Public Act 98-18) this amendatory Act of the 98th
General Assembly taken in reliance on the changes made to this
subsection (g) by Public Act 98-18 this amendatory Act of the
98th General Assembly are hereby validated, provided payment of
all applicable pari-mutuel taxes are remitted to the Board. All
advance deposit wagers placed from within Illinois must be
placed through a Board-approved advance deposit wagering
licensee; no other entity may accept an advance deposit wager
from a person within Illinois. All advance deposit wagering is
subject to any rules adopted by the Board. The Board may adopt
rules necessary to regulate advance deposit wagering through
the use of emergency rulemaking in accordance with Section 5-45
of the Illinois Administrative Procedure Act. The General
Assembly finds that the adoption of rules to regulate advance
deposit wagering is deemed an emergency and necessary for the
public interest, safety, and welfare. An advance deposit
wagering licensee may retain all moneys as agreed to by
contract with an organization licensee. Any moneys retained by
the organization licensee from advance deposit wagering, not
including moneys retained by the advance deposit wagering
licensee, shall be paid 50% to the organization licensee's
purse account and 50% to the organization licensee. With the
exception of any organization licensee that is owned by a
publicly traded company that is incorporated in a state other
than Illinois and advance deposit wagering licensees under
contract with such organization licensees, organization
licensees that maintain advance deposit wagering systems and
advance deposit wagering licensees that contract with
organization licensees shall provide sufficiently detailed
monthly accountings to the horsemen association representing
the largest number of owners, trainers, jockeys, or
standardbred drivers who race horses at that organization
licensee's racing meeting so that the horsemen association, as
an interested party, can confirm the accuracy of the amounts
paid to the purse account at the horsemen association's
affiliated organization licensee from advance deposit
wagering. If more than one breed races at the same race track
facility, then the 50% of the moneys to be paid to an
organization licensee's purse account shall be allocated among
all organization licensees' purse accounts operating at that
race track facility proportionately based on the actual number
of host days that the Board grants to that breed at that race
track facility in the current calendar year. To the extent any
fees from advance deposit wagering conducted in Illinois for
wagers in Illinois or other states have been placed in escrow
or otherwise withheld from wagers pending a determination of
the legality of advance deposit wagering, no action shall be
brought to declare such wagers or the disbursement of any fees
previously escrowed illegal.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
inter-track intertrack wagering licensee other than the
host track may supplement the host track simulcast program
with additional simulcast races or race programs, provided
that between January 1 and the third Friday in February of
any year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental interstate
simulcast purposes. The Board shall withhold approval for a
supplemental interstate simulcast only if it finds that the
simulcast is clearly adverse to the integrity of racing. A
supplemental interstate simulcast may be transmitted from
an inter-track intertrack wagering licensee to its
affiliated non-host licensees. The interstate commission
fee for a supplemental interstate simulcast shall be paid
by the non-host licensee and its affiliated non-host
licensees receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
inter-track intertrack wagering licensee other than the
host track may receive supplemental interstate simulcasts
only with the consent of the host track, except when the
Board finds that the simulcast is clearly adverse to the
integrity of racing. Consent granted under this paragraph
(2) to any inter-track intertrack wagering licensee shall
be deemed consent to all non-host licensees. The interstate
commission fee for the supplemental interstate simulcast
shall be paid by all participating non-host licensees.
(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax of that daily handle as provided in
subsection (a) of Section 27. Until January 1, 2000, from
the sums permitted to be retained pursuant to this
subsection, each inter-track intertrack wagering location
licensee shall pay 1% of the pari-mutuel handle wagered on
simulcast wagering to the Horse Racing Tax Allocation Fund,
subject to the provisions of subparagraph (B) of paragraph
(11) of subsection (h) of Section 26 of this Act.
(4) A licensee who receives an interstate simulcast may
combine its gross or net pools with pools at the sending
racetracks pursuant to rules established by the Board. All
licensees combining their gross pools at a sending
racetrack shall adopt the take-out percentages of the
sending racetrack. A licensee may also establish a separate
pool and takeout structure for wagering purposes on races
conducted at race tracks outside of the State of Illinois.
The licensee may permit pari-mutuel wagers placed in other
states or countries to be combined with its gross or net
wagering pools or other wagering pools.
(5) After the payment of the interstate commission fee
(except for the interstate commission fee on a supplemental
interstate simulcast, which shall be paid by the host track
and by each non-host licensee through the host-track) and
all applicable State and local taxes, except as provided in
subsection (g) of Section 27 of this Act, the remainder of
moneys retained from simulcast wagering pursuant to this
subsection (g), and Section 26.2 shall be divided as
follows:
(A) For interstate simulcast wagers made at a host
track, 50% to the host track and 50% to purses at the
host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled races
conducted outside of the State of Illinois made at a
non-host licensee, 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host
track.
(6) Notwithstanding any provision in this Act to the
contrary, non-host licensees who derive their licenses
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
may receive supplemental interstate simulcast races at all
times subject to Board approval, which shall be withheld
only upon a finding that a supplemental interstate
simulcast is clearly adverse to the integrity of racing.
(7) Notwithstanding any provision of this Act to the
contrary, after payment of all applicable State and local
taxes and interstate commission fees, non-host licensees
who derive their licenses from a track located in a county
with a population in excess of 230,000 and that borders the
Mississippi River shall retain 50% of the retention from
interstate simulcast wagers and shall pay 50% to purses at
the track from which the non-host licensee derives its
license as follows:
(A) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, when the
interstate simulcast is a standardbred race, the purse
share to its standardbred purse account;
(B) Between January 1 and the third Friday in
February, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, and the
interstate simulcast is a thoroughbred race, the purse
share to its interstate simulcast purse pool to be
distributed under paragraph (10) of this subsection
(g);
(C) Between January 1 and the third Friday in
February, inclusive, if live thoroughbred racing is
occurring in Illinois, between 6:30 a.m. and 6:30 p.m.
the purse share from wagers made during this time
period to its thoroughbred purse account and between
6:30 p.m. and 6:30 a.m. the purse share from wagers
made during this time period to its standardbred purse
accounts;
(D) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 a.m. and 6:30 p.m., the purse
share to its thoroughbred purse account;
(E) Between the third Saturday in February and
December 31, when the interstate simulcast occurs
between the hours of 6:30 p.m. and 6:30 a.m., the purse
share to its standardbred purse account.
(7.1) Notwithstanding any other provision of this Act
to the contrary, if no standardbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses and
(2) are generated between the hours of 6:30 p.m. and 6:30
a.m. during that calendar year shall be paid as follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as many
racing dates as were conducted in calendar year 2000,
80% shall be paid to its thoroughbred purse account;
and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and shall
be paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. The moneys deposited into the Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated, shall
be in addition to and not in lieu of any other moneys
paid to standardbred purses under this Act, and shall
not be commingled with other moneys paid into that
Fund. The moneys deposited pursuant to this
subparagraph (B) shall be allocated as provided by the
Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund
Advisory Board.
(7.2) Notwithstanding any other provision of this Act
to the contrary, if no thoroughbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses and
(2) are generated between the hours of 6:30 a.m. and 6:30
p.m. during that calendar year shall be deposited as
follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as many
racing dates as were conducted in calendar year 2000,
80% shall be deposited into its standardbred purse
account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund. Moneys
deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. The moneys deposited
into the Illinois Colt Stakes Purse Distribution Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated, shall
be in addition to and not in lieu of any other moneys
paid to thoroughbred purses under this Act, and shall
not be commingled with other moneys deposited into that
Fund.
(7.3) If no live standardbred racing is conducted at a
racetrack located in Madison County in calendar year 2000
or 2001, an organization licensee who is licensed to
conduct horse racing at that racetrack shall, before
January 1, 2002, pay all moneys derived from simulcast
wagering and inter-track wagering in calendar years 2000
and 2001 and paid into the licensee's standardbred purse
account as follows:
(A) Eighty percent to that licensee's thoroughbred
purse account to be used for thoroughbred purses; and
(B) Twenty percent to the Illinois Colt Stakes
Purse Distribution Fund.
Failure to make the payment to the Illinois Colt Stakes
Purse Distribution Fund before January 1, 2002 shall result
in the immediate revocation of the licensee's organization
license, inter-track wagering license, and inter-track
wagering location license.
Moneys paid into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this paragraph (7.3) shall be
paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. Moneys paid into the Illinois Colt Stakes
Purse Distribution Fund pursuant to this paragraph (7.3)
shall be used as determined by the Department of
Agriculture, with the advice and assistance of the Illinois
Standardbred Breeders Fund Advisory Board, shall be in
addition to and not in lieu of any other moneys paid to
standardbred purses under this Act, and shall not be
commingled with any other moneys paid into that Fund.
(7.4) If live standardbred racing is conducted at a
racetrack located in Madison County at any time in calendar
year 2001 before the payment required under paragraph (7.3)
has been made, the organization licensee who is licensed to
conduct racing at that racetrack shall pay all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering during calendar years 2000 and 2001
that (1) are to be used for purses and (2) are generated
between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or
2001 to the standardbred purse account at that racetrack to
be used for standardbred purses.
(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in
a county with a population in excess of 230,000 and that
borders the Mississippi River and its affiliated non-host
licensees shall not be entitled to share in any retention
generated on racing, inter-track wagering, or simulcast
wagering at any other Illinois wagering facility.
(8.1) Notwithstanding any provisions in this Act to the
contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours
of 6:30 p.m. and 6:30 a.m., after payment of all applicable
State and local taxes and interstate commission fees, the
remainder of the amount retained from simulcast wagering
otherwise attributable to the host track and to host track
purses shall be split daily between the 2 organization
licensees and the purses at the tracks of the 2
organization licensees, respectively, based on each
organization licensee's share of the total live handle for
that day, provided that this provision shall not apply to
any non-host licensee that derives its license from a track
located in a county with a population in excess of 230,000
and that borders the Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all host
tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds
and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this Act,
in the event that the total Illinois pari-mutuel handle on
Illinois horse races at all wagering facilities in any
calendar year is less than 75% of the total Illinois
pari-mutuel handle on Illinois horse races at all such
wagering facilities for calendar year 1994, then each
wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for calendar
year 1994, shall be permitted to receive, from any amount
otherwise payable to the purse account at the race track
with which the wagering facility is affiliated in the
succeeding calendar year, an amount equal to 2% of the
differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between that
calendar year in question and 1994 provided, however, that
a wagering facility shall not be entitled to any such
payment until the Board certifies in writing to the
wagering facility the amount to which the wagering facility
is entitled and a schedule for payment of the amount to the
wagering facility, based on: (i) the racing dates awarded
to the race track affiliated with the wagering facility
during the succeeding year; (ii) the sums available or
anticipated to be available in the purse account of the
race track affiliated with the wagering facility for purses
during the succeeding year; and (iii) the need to ensure
reasonable purse levels during the payment period. The
Board's certification shall be provided no later than
January 31 of the succeeding year. In the event a wagering
facility entitled to a payment under this paragraph (13) is
affiliated with a race track that maintains purse accounts
for both standardbred and thoroughbred racing, the amount
to be paid to the wagering facility shall be divided
between each purse account pro rata, based on the amount of
Illinois handle on Illinois standardbred and thoroughbred
racing respectively at the wagering facility during the
previous calendar year. Annually, the General Assembly
shall appropriate sufficient funds from the General
Revenue Fund to the Department of Agriculture for payment
into the thoroughbred and standardbred horse racing purse
accounts at Illinois pari-mutuel tracks. The amount paid to
each purse account shall be the amount certified by the
Illinois Racing Board in January to be transferred from
each account to each eligible racing facility in accordance
with the provisions of this Section.
(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting (i)
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an average
of 30 or more days of racing were conducted annually may be
issued an inter-track wagering license; (ii) at a track
located in a county that is bounded by the Mississippi
River, which has a population of less than 150,000
according to the 1990 decennial census, and an average of
at least 60 days of racing per year between 1985 and 1993
may be issued an inter-track wagering license; or (iii) at
a track located in Madison County that conducted at least
100 days of live racing during the immediately preceding
calendar year may be issued an inter-track wagering
license, unless a lesser schedule of live racing is the
result of (A) weather, unsafe track conditions, or other
acts of God; (B) an agreement between the organization
licensee and the associations representing the largest
number of owners, trainers, jockeys, or standardbred
drivers who race horses at that organization licensee's
racing meeting; or (C) a finding by the Board of
extraordinary circumstances and that it was in the best
interest of the public and the sport to conduct fewer than
100 days of live racing. Any such person having operating
control of the racing facility may receive inter-track
wagering location licenses. An eligible race track located
in a county that has a population of more than 230,000 and
that is bounded by the Mississippi River may establish up
to 9 inter-track wagering locations, and an eligible race
track located in Stickney Township in Cook County may
establish up to 16 inter-track wagering locations, and an
eligible race track located in Palatine Township in Cook
County may establish up to 18 inter-track wagering
locations. An application for said license shall be filed
with the Board prior to such dates as may be fixed by the
Board. With an application for an inter-track wagering
location license there shall be delivered to the Board a
certified check or bank draft payable to the order of the
Board for an amount equal to $500. The application shall be
on forms prescribed and furnished by the Board. The
application shall comply with all other rules, regulations
and conditions imposed by the Board in connection
therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules and
regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by the
Board at a meeting to be held on such date as may be fixed
by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of horse
racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the applicant
shall file with the Board a bond payable to the State of
Illinois in the sum of $50,000, executed by the applicant
and a surety company or companies authorized to do business
in this State, and conditioned upon (i) the payment by the
licensee of all taxes due under Section 27 or 27.1 and any
other monies due and payable under this Act, and (ii)
distribution by the licensee, upon presentation of the
winning ticket or tickets, of all sums payable to the
patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering and
simulcast wagering shall specify the person to whom it is
issued, the dates on which such wagering is permitted, and
the track or location where the wagering is to be
conducted.
(6) All wagering under such license is subject to this
Act and to the rules and regulations from time to time
prescribed by the Board, and every such license issued by
the Board shall contain a recital to that effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise provided
under this Act.
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 5 miles from a
track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization
licensee shall conduct inter-track wagering and simulcast
wagering only at locations that are within 160 miles of
that race track where the particular organization licensee
is licensed to conduct racing. However, inter-track
wagering and simulcast wagering shall not be conducted by
those licensees at any location within 5 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent to
such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made. In the case of any inter-track
wagering location licensee initially licensed after
December 31, 2013, inter-track wagering and simulcast
wagering shall not be conducted by those inter-track
wagering location licensees that are located outside the
City of Chicago at any location within 8 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent to
such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made.
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location
licensee at any location within 500 feet of an existing
church or existing school, nor within 500 feet of the
residences of more than 50 registered voters without
receiving written permission from a majority of the
registered voters at such residences. Such written
permission statements shall be filed with the Board. The
distance of 500 feet shall be measured to the nearest part
of any building used for worship services, education
programs, residential purposes, or conducting inter-track
wagering by an inter-track wagering location licensee, and
not to property boundaries. However, inter-track wagering
or simulcast wagering may be conducted at a site within 500
feet of a church, school or residences of 50 or more
registered voters if such church, school or residences have
been erected or established, or such voters have been
registered, after the Board issues the original
inter-track wagering location license at the site in
question. Inter-track wagering location licensees may
conduct inter-track wagering and simulcast wagering only
in areas that are zoned for commercial or manufacturing
purposes or in areas for which a special use has been
approved by the local zoning authority. However, no license
to conduct inter-track wagering and simulcast wagering
shall be granted by the Board with respect to any
inter-track wagering location within the jurisdiction of
any local zoning authority which has, by ordinance or by
resolution, prohibited the establishment of an inter-track
wagering location within its jurisdiction. However,
inter-track wagering and simulcast wagering may be
conducted at a site if such ordinance or resolution is
enacted after the Board licenses the original inter-track
wagering location licensee for the site in question.
(9) (Blank).
(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain, subject
to the payment of the privilege taxes and the purses, an
amount not to exceed 17% of all money wagered. Each program
of racing conducted by each inter-track wagering licensee
or inter-track wagering location licensee shall be
considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
tax or pari-mutuel tax on such daily handle as provided in
Section 27.
(10.1) Except as provided in subsection (g) of Section
27 of this Act, inter-track wagering location licensees
shall pay 1% of the pari-mutuel handle at each location to
the municipality in which such location is situated and 1%
of the pari-mutuel handle at each location to the county in
which such location is situated. In the event that an
inter-track wagering location licensee is situated in an
unincorporated area of a county, such licensee shall pay 2%
of the pari-mutuel handle from such location to such
county.
(10.2) Notwithstanding any other provision of this
Act, with respect to inter-track intertrack wagering at a
race track located in a county that has a population of
more than 230,000 and that is bounded by the Mississippi
River ("the first race track"), or at a facility operated
by an inter-track wagering licensee or inter-track
wagering location licensee that derives its license from
the organization licensee that operates the first race
track, on races conducted at the first race track or on
races conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act to
be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act to
be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or pari-mutuel
tax, any other applicable taxes, and the costs and expenses
in connection with the gathering, transmission, and
dissemination of all data necessary to the conduct of
inter-track wagering, the remainder of the monies retained
under either Section 26 or Section 26.2 of this Act by the
inter-track wagering licensee on inter-track wagering
shall be allocated with 50% to be split between the 2
participating licensees and 50% to purses, except that an
inter-track intertrack wagering licensee that derives its
license from a track located in a county with a population
in excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the Illinois
organization licensee that provides the race or races, and
an inter-track intertrack wagering licensee that accepts
wagers on races conducted by an organization licensee that
conducts a race meet in a county with a population in
excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with that
organization licensee.
(B) From the sums permitted to be retained pursuant to
this Act each inter-track wagering location licensee shall
pay (i) the privilege or pari-mutuel tax to the State; (ii)
4.75% of the pari-mutuel handle on inter-track intertrack
wagering at such location on races as purses, except that
an inter-track intertrack wagering location licensee that
derives its license from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall retain all purse moneys for its own
purse account consistent with distribution set forth in
this subsection (h), and inter-track intertrack wagering
location licensees that accept wagers on races conducted by
an organization licensee located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall distribute all purse moneys to
purses at the operating host track; (iii) until January 1,
2000, except as provided in subsection (g) of Section 27 of
this Act, 1% of the pari-mutuel handle wagered on
inter-track wagering and simulcast wagering at each
inter-track wagering location licensee facility to the
Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection (h)
during any calendar year exceeds the amount collected and
distributed to the Horse Racing Tax Allocation Fund during
calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro-rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of this
Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track or
to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall be
redistributed based on each host track's pro rata share of
the total inter-track wagering and simulcast wagering
handle at all host tracks during the calendar year in
question, and second, that any amounts redistributed as
described in part (I) to an inter-track wagering location
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a county
with a population in excess of 230,000 and that borders the
Mississippi River shall be further redistributed as
provided in subparagraphs (D) and (E) of paragraph (7) of
subsection (g) of this Section 26, with the portion of that
further redistribution allocated to purses at that
organization licensee to be divided between standardbred
purses and thoroughbred purses based on the amounts
otherwise allocated to purses at that organization
licensee during the calendar year in question; and (iv) 8%
of the pari-mutuel handle on inter-track wagering wagered
at such location to satisfy all costs and expenses of
conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60% to
the organization licensee which provides the Illinois
races to the location, except that an inter-track
intertrack wagering location licensee that derives its
license from a track located in a county with a population
in excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the
organization licensee that provides the race or races and
an inter-track intertrack wagering location licensee that
accepts wagers on races conducted by an organization
licensee that conducts a race meet in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall not divide any remaining retention
with the organization licensee. Notwithstanding the
provisions of clauses (ii) and (iv) of this paragraph, in
the case of the additional inter-track wagering location
licenses authorized under paragraph (1) of this subsection
(h) by Public Act 87-110 this amendatory Act of 1991, those
licensees shall pay the following amounts as purses: during
the first 12 months the licensee is in operation, 5.25% of
the pari-mutuel handle wagered at the location on races;
during the second 12 months, 5.25%; during the third 12
months, 5.75%; during the fourth 12 months, 6.25%; and
during the fifth 12 months and thereafter, 6.75%. The
following amounts shall be retained by the licensee to
satisfy all costs and expenses of conducting its wagering:
during the first 12 months the licensee is in operation,
8.25% of the pari-mutuel handle wagered at the location;
during the second 12 months, 8.25%; during the third 12
months, 7.75%; during the fourth 12 months, 7.25%; and
during the fifth 12 months and thereafter, 6.75%. For
additional inter-track intertrack wagering location
licensees authorized under Public Act 89-16 this
amendatory Act of 1995, purses for the first 12 months the
licensee is in operation shall be 5.75% of the pari-mutuel
wagered at the location, purses for the second 12 months
the licensee is in operation shall be 6.25%, and purses
thereafter shall be 6.75%. For additional inter-track
intertrack location licensees authorized under Public Act
89-16 this amendatory Act of 1995, the licensee shall be
allowed to retain to satisfy all costs and expenses: 7.75%
of the pari-mutuel handle wagered at the location during
its first 12 months of operation, 7.25% during its second
12 months of operation, and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the Horse
Racing Tax Allocation Fund pursuant to this paragraph (11)
by inter-track wagering location licensees located in park
districts of 500,000 population or less, or in a
municipality that is not included within any park district
but is included within a conservation district and is the
county seat of a county that (i) is contiguous to the state
of Indiana and (ii) has a 1990 population of 88,257
according to the United States Bureau of the Census, and
operating on May 1, 1994 shall be allocated by
appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department of
Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall be
reimbursed for all actual and necessary expenses and
disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to park districts or municipalities
that do not have a park district of 500,000 population
or less for museum purposes (if an inter-track wagering
location licensee is located in such a park district)
or to conservation districts for museum purposes (if an
inter-track wagering location licensee is located in a
municipality that is not included within any park
district but is included within a conservation
district and is the county seat of a county that (i) is
contiguous to the state of Indiana and (ii) has a 1990
population of 88,257 according to the United States
Bureau of the Census, except that if the conservation
district does not maintain a museum, the monies shall
be allocated equally between the county and the
municipality in which the inter-track wagering
location licensee is located for general purposes) or
to a municipal recreation board for park purposes (if
an inter-track wagering location licensee is located
in a municipality that is not included within any park
district and park maintenance is the function of the
municipal recreation board and the municipality has a
1990 population of 9,302 according to the United States
Bureau of the Census); provided that the monies are
distributed to each park district or conservation
district or municipality that does not have a park
district in an amount equal to four-sevenths of the
amount collected by each inter-track wagering location
licensee within the park district or conservation
district or municipality for the Fund. Monies that were
paid into the Horse Racing Tax Allocation Fund before
August 9, 1991 (the effective date of Public Act
87-110) this amendatory Act of 1991 by an inter-track
wagering location licensee located in a municipality
that is not included within any park district but is
included within a conservation district as provided in
this paragraph shall, as soon as practicable after
August 9, 1991 (the effective date of Public Act
87-110) this amendatory Act of 1991, be allocated and
paid to that conservation district as provided in this
paragraph. Any park district or municipality not
maintaining a museum may deposit the monies in the
corporate fund of the park district or municipality
where the inter-track wagering location is located, to
be used for general purposes; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967.
Until January 1, 2000, all other monies paid into the
Horse Racing Tax Allocation Fund pursuant to this paragraph
(11) shall be allocated by appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department of
Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall be
reimbursed for all actual and necessary expenses and
disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to museums and aquariums located in
park districts of over 500,000 population; provided
that the monies are distributed in accordance with the
previous year's distribution of the maintenance tax
for such museums and aquariums as provided in Section 2
of the Park District Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967. This
subparagraph (C) shall be inoperative and of no force
and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of this
subsection (h), with respect to purse allocation from
inter-track intertrack wagering, the monies so
retained shall be divided as follows:
(i) If the inter-track wagering licensee,
except an inter-track intertrack wagering licensee
that derives its license from an organization
licensee located in a county with a population in
excess of 230,000 and bounded by the Mississippi
River, is not conducting its own race meeting
during the same dates, then the entire purse
allocation shall be to purses at the track where
the races wagered on are being conducted.
(ii) If the inter-track wagering licensee,
except an inter-track intertrack wagering licensee
that derives its license from an organization
licensee located in a county with a population in
excess of 230,000 and bounded by the Mississippi
River, is also conducting its own race meeting
during the same dates, then the purse allocation
shall be as follows: 50% to purses at the track
where the races wagered on are being conducted; 50%
to purses at the track where the inter-track
wagering licensee is accepting such wagers.
(iii) If the inter-track wagering is being
conducted by an inter-track wagering location
licensee, except an inter-track intertrack
wagering location licensee that derives its
license from an organization licensee located in a
county with a population in excess of 230,000 and
bounded by the Mississippi River, the entire purse
allocation for Illinois races shall be to purses at
the track where the race meeting being wagered on
is being held.
(12) The Board shall have all powers necessary and
proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location
licensees, including, but not limited to the following:
(A) The Board is vested with power to promulgate
reasonable rules and regulations for the purpose of
administering the conduct of this wagering and to
prescribe reasonable rules, regulations and conditions
under which such wagering shall be held and conducted.
Such rules and regulations are to provide for the
prevention of practices detrimental to the public
interest and for the best interests of said wagering
and to impose penalties for violations thereof.
(B) The Board, and any person or persons to whom it
delegates this power, is vested with the power to enter
the facilities of any licensee to determine whether
there has been compliance with the provisions of this
Act and the rules and regulations relating to the
conduct of such wagering.
(C) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any
licensee's facilities, any person whose conduct or
reputation is such that his presence on such premises
may, in the opinion of the Board, call into the
question the honesty and integrity of, or interfere
with the orderly conduct of such wagering; provided,
however, that no person shall be excluded or ejected
from such premises solely on the grounds of race,
color, creed, national origin, ancestry, or sex.
(D) (Blank).
(E) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it
under this Section for the purpose of administering
this wagering and any rules and regulations
promulgated in accordance with this Act.
(F) The Board shall name and appoint a State
director of this wagering who shall be a representative
of the Board and whose duty it shall be to supervise
the conduct of inter-track wagering as may be provided
for by the rules and regulations of the Board; such
rules and regulation shall specify the method of
appointment and the Director's powers, authority and
duties.
(G) The Board is vested with the power to impose
civil penalties of up to $5,000 against individuals and
up to $10,000 against licensees for each violation of
any provision of this Act relating to the conduct of
this wagering, any rules adopted by the Board, any
order of the Board or any other action which in the
Board's discretion, is a detriment or impediment to
such wagering.
(13) The Department of Agriculture may enter into
agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of the
Department of Agriculture's licensed race meeting upon
which the licensees will conduct wagering. In the event
that a licensee conducts inter-track pari-mutuel wagering
on races from the Illinois State Fair or DuQuoin State Fair
which are in addition to the licensee's previously approved
racing program, those races shall be considered a separate
racing day for the purpose of determining the daily handle
and computing the privilege or pari-mutuel tax on that
daily handle as provided in Sections 27 and 27.1. Such
agreements shall be approved by the Board before such
wagering may be conducted. In determining whether to grant
approval, the Board shall give due consideration to the
best interests of the public and of horse racing. The
provisions of paragraphs (1), (8), (8.1), and (8.2) of
subsection (h) of this Section which are not specified in
this paragraph (13) shall not apply to licensed race
meetings conducted by the Department of Agriculture at the
Illinois State Fair in Sangamon County or the DuQuoin State
Fair in Perry County, or to any wagering conducted on those
race meetings.
(14) An inter-track wagering location license
authorized by the Board in 2016 that is owned and operated
by a race track in Rock Island County shall be transferred
to a commonly owned race track in Cook County on August 12,
2016 (the effective date of Public Act 99-757) this
amendatory Act of the 99th General Assembly. The licensee
shall retain its status in relation to purse distribution
under paragraph (11) of this subsection (h) following the
transfer to the new entity. The pari-mutuel tax credit
under Section 32.1 shall not be applied toward any
pari-mutuel tax obligation of the inter-track wagering
location licensee of the license that is transferred under
this paragraph (14).
(i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on all
days, except as limited by subsection (b) of Section 19 of this
Act.
(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968,
eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;
revised 9-14-16.)
(230 ILCS 5/26.2) (from Ch. 8, par. 37-26.2)
Sec. 26.2. In addition to the amount retained by licensees
pursuant to Section 26, each licensee may retain an additional
amount up to 3 1/2% of the amount wagered on all multiple
wagers plus an additional amount up to 8% of the amount wagered
on any other multiple wager that involves a single betting
interest on 3 or more horses. Amounts retained by organization
licensees and inter-track wagering licensees on all forms of
wagering shall be allocated, after payment of applicable State
and local taxes among organization licensees, inter-track
wagering licensees, and purses as set forth in paragraph (5) of
subsection (g) of Section 26, subparagraph (A) of paragraph
(11) of subsection (h) of Section 26, and subsection (a) of
Section 29 of this Act. Amounts retained by inter-track
intertrack wagering location licensees under this Section on
all forms of wagering shall be allocated, after payment of
applicable State and local taxes, among organization
licensees, inter-track intertrack wagering location licensees,
and purses as set forth in paragraph 5 of subsection (g) of
Section 26 and subparagraph (B) of paragraph (11) of subsection
(h) of Section 26.
(Source: P.A. 89-16, eff. 5-30-95; revised 9-2-16.)
(230 ILCS 5/32.1)
Sec. 32.1. Pari-mutuel tax credit; statewide racetrack
real estate equalization. In order to encourage new investment
in Illinois racetrack facilities and mitigate differing real
estate tax burdens among all racetracks, the licensees
affiliated or associated with each racetrack that has been
awarded live racing dates in the current year shall receive an
immediate pari-mutuel tax credit in an amount equal to the
greater of (i) 50% of the amount of the real estate taxes paid
in the prior year attributable to that racetrack, or (ii) the
amount by which the real estate taxes paid in the prior year
attributable to that racetrack exceeds 60% of the average real
estate taxes paid in the prior year for all racetracks awarded
live horse racing meets in the current year.
Each year, regardless of whether the organization licensee
conducted live racing in the year of certification, the Board
shall certify in writing, prior to December 31, the real estate
taxes paid in that year for each racetrack and the amount of
the pari-mutuel tax credit that each organization licensee,
inter-track intertrack wagering licensee, and inter-track
intertrack wagering location licensee that derives its license
from such racetrack is entitled in the succeeding calendar
year. The real estate taxes considered under this Section for
any racetrack shall be those taxes on the real estate parcels
and related facilities used to conduct a horse race meeting and
inter-track wagering at such racetrack under this Act. In no
event shall the amount of the tax credit under this Section
exceed the amount of pari-mutuel taxes otherwise calculated
under this Act. The amount of the tax credit under this Section
shall be retained by each licensee and shall not be subject to
any reallocation or further distribution under this Act. The
Board may promulgate emergency rules to implement this Section.
(Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)
(230 ILCS 5/40) (from Ch. 8, par. 37-40)
Sec. 40. (a) The imposition of any fine or penalty provided
in this Act shall not preclude the Board in its rules and
regulations from imposing a fine or penalty for any other
action which, in the Board's discretion, is a detriment or
impediment to horse racing.
(b) The Director of Agriculture or his or her authorized
representative shall impose the following monetary penalties
and hold administrative hearings as required for failure to
submit the following applications, lists, or reports within the
time period, date or manner required by statute or rule or for
removing a foal from Illinois prior to inspection:
(1) late filing of a renewal application for offering
or standing stallion for service:
(A) if an application is submitted no more than 30
days late, $50;
(B) if an application is submitted no more than 45
days late, $150; or
(C) if an application is submitted more than 45
days late, if filing of the application is allowed
under an administrative hearing, $250;
(2) late filing of list or report of mares bred:
(A) if a list or report is submitted no more than
30 days late, $50;
(B) if a list or report is submitted no more than
60 days late, $150; or
(C) if a list or report is submitted more than 60
days late, if filing of the list or report is allowed
under an administrative hearing, $250;
(3) filing an Illinois foaled thoroughbred mare status
report after December 31:
(A) if a report is submitted no more than 30 days
late, $50;
(B) if a report is submitted no more than 90 days
late, $150;
(C) if a report is submitted no more than 150 days
late, $250; or
(D) if a report is submitted more than 150 days
late, if filing of the report is allowed under an
administrative hearing, $500;
(4) late filing of application for foal eligibility
certificate:
(A) if an application is submitted no more than 30
days late, $50;
(B) if an application is submitted no more than 90
days late, $150;
(C) if an application is submitted no more than 150
days late, $250; or
(D) if an application is submitted more than 150
days late, if filing of the application is allowed
under an administrative hearing, $500;
(5) failure to report the intent to remove a foal from
Illinois prior to inspection, identification and
certification by a Department of Agriculture investigator,
$50; and
(6) if a list or report of mares bred is incomplete,
$50 per mare not included on the list or report.
Any person upon whom monetary penalties are imposed under
this Section 3 times within a 5-year 5 year period shall have
any further monetary penalties imposed at double the amounts
set forth above. All monies assessed and collected for
violations relating to thoroughbreds shall be paid into the
Illinois Thoroughbred Breeders Fund. All monies assessed and
collected for violations relating to standardbreds shall be
paid into the Illinois Standardbred Breeders Fund.
(Source: P.A. 87-397; revised 9-2-16.)
Section 565. The Raffles and Poker Runs Act is amended by
changing Section 2 as follows:
(230 ILCS 15/2) (from Ch. 85, par. 2302)
Sec. 2. Licensing.
(a) The governing body of any county or municipality within
this State may establish a system for the licensing of
organizations to operate raffles. The governing bodies of a
county and one or more municipalities may, pursuant to a
written contract, jointly establish a system for the licensing
of organizations to operate raffles within any area of
contiguous territory not contained within the corporate limits
of a municipality which is not a party to such contract. The
governing bodies of two or more adjacent counties or two or
more adjacent municipalities located within a county may,
pursuant to a written contract, jointly establish a system for
the licensing of organizations to operate raffles within the
corporate limits of such counties or municipalities. The
licensing authority may establish special categories of
licenses and promulgate rules relating to the various
categories. The licensing system shall provide for limitations
upon (1) the aggregate retail value of all prizes or
merchandise awarded by a licensee in a single raffle, (2) the
maximum retail value of each prize awarded by a licensee in a
single raffle, (3) the maximum price which may be charged for
each raffle chance issued or sold and (4) the maximum number of
days during which chances may be issued or sold. The licensing
system may include a fee for each license in an amount to be
determined by the local governing body. Licenses issued
pursuant to this Act shall be valid for one raffle or for a
specified number of raffles to be conducted during a specified
period not to exceed one year and may be suspended or revoked
for any violation of this Act. A local governing body shall act
on a license application within 30 days from the date of
application. Nothing in this Act shall be construed to prohibit
a county or municipality from adopting rules or ordinances for
the operation of raffles that are more restrictive than
provided for in this Act. Except for raffles organized by law
enforcement agencies and statewide associations that represent
law enforcement officials as provided in Section 9 of this Act,
the governing body of a municipality may authorize the sale of
raffle chances only within the borders of the municipality.
Except for raffles organized by law enforcement agencies and
statewide associations that represent law enforcement
officials as provided in Section 9, the governing body of the
county may authorize the sale of raffle chances only in those
areas which are both within the borders of the county and
outside the borders of any municipality.
(a-5) The governing body of Cook County may and any other
county within this State shall establish a system for the
licensing of organizations to operate poker runs. The governing
bodies of 2 or more adjacent counties may, pursuant to a
written contract, jointly establish a system for the licensing
of organizations to operate poker runs within the corporate
limits of such counties. The licensing authority may establish
special categories of licenses and adopt rules relating to the
various categories. The licensing system may include a fee not
to exceed $25 for each license. Licenses issued pursuant to
this Act shall be valid for one poker run or for a specified
number of poker runs to be conducted during a specified period
not to exceed one year and may be suspended or revoked for any
violation of this Act. A local governing body shall act on a
license application within 30 days after the date of
application.
(b) Raffle licenses shall be issued only to bona fide
religious, charitable, labor, business, fraternal, educational
or veterans' organizations that operate without profit to their
members and which have been in existence continuously for a
period of 5 years immediately before making application for a
raffle license and which have had during that entire 5-year
period a bona fide membership engaged in carrying out their
objects, or to a non-profit fundraising organization that the
licensing authority determines is organized for the sole
purpose of providing financial assistance to an identified
individual or group of individuals suffering extreme financial
hardship as the result of an illness, disability, accident or
disaster, as well as law enforcement agencies and statewide
associations that represent law enforcement officials as
provided for in Section 9 of this Act. Poker run licenses shall
be issued only to bona fide religious, charitable, labor,
business, fraternal, educational, veterans', or other bona
fide not-for-profit organizations that operate without profit
to their members and which have been in existence continuously
for a period of 5 years immediately before making application
for a poker run license and which have had during that entire
5-year period a bona fide membership engaged in carrying out
their objects. Licenses for poker runs shall be issued for the
following purposes: (i) providing financial assistance to an
identified individual or group of individuals suffering
extreme financial hardship as the result of an illness,
disability, accident, or disaster or (ii) to maintain the
financial stability of the organization. A licensing authority
may waive the 5-year requirement under this subsection (b) for
a bona fide religious, charitable, labor, business, fraternal,
educational, or veterans' organization that applies for a
license to conduct a poker run if the organization is a local
organization that is affiliated with and chartered by a
national or State organization that meets the 5-year
requirement.
For purposes of this Act, the following definitions apply.
Non-profit: An organization or institution organized and
conducted on a not-for-profit basis with no personal profit
inuring to any one as a result of the operation. Charitable: An
organization or institution organized and operated to benefit
an indefinite number of the public. The service rendered to
those eligible for benefits must also confer some benefit on
the public. Educational: An organization or institution
organized and operated to provide systematic instruction in
useful branches of learning by methods common to schools and
institutions of learning which compare favorably in their scope
and intensity with the course of study presented in
tax-supported schools. Religious: Any church, congregation,
society, or organization founded for the purpose of religious
worship. Fraternal: An organization of persons having a common
interest, the primary interest of which is to both promote the
welfare of its members and to provide assistance to the general
public in such a way as to lessen the burdens of government by
caring for those that otherwise would be cared for by the
government. Veterans: An organization or association comprised
of members of which substantially all are individuals who are
veterans or spouses, widows, or widowers of veterans, the
primary purpose of which is to promote the welfare of its
members and to provide assistance to the general public in such
a way as to confer a public benefit. Labor: An organization
composed of workers organized with the objective of betterment
of the conditions of those engaged in such pursuit and the
development of a higher degree of efficiency in their
respective occupations. Business: A voluntary organization
composed of individuals and businesses who have joined together
to advance the commercial, financial, industrial and civic
interests of a community.
(c) Poker runs shall be licensed by the county with
jurisdiction over the key location. The license granted by the
key location shall cover the entire poker run, including
locations other than the key location. Each license issued
shall include the name and address of each predetermined
location.
(Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15;
99-757, eff. 8-12-16; revised 9-14-16.)
Section 570. The Liquor Control Act of 1934 is amended by
changing Sections 3-12, 5-1, 5-3, 6-4, 6-11, 6-15, and 6-28.5
as follows:
(235 ILCS 5/3-12)
Sec. 3-12. Powers and duties of State Commission.
(a) The State commission shall have the following powers,
functions, and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event
retailer licensees, special use permit licenses, auction
liquor licenses, brew pubs, caterer retailers,
non-beverage users, railroads, including owners and
lessees of sleeping, dining and cafe cars, airplanes,
boats, brokers, and wine maker's premises licensees in
accordance with the provisions of this Act, and to suspend
or revoke such licenses upon the State commission's
determination, upon notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation. Except in the case of an
action taken pursuant to a violation of Section 6-3, 6-5,
or 6-9, any action by the State Commission to suspend or
revoke a licensee's license may be limited to the license
for the specific premises where the violation occurred.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee has
violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation.
For the purpose of this paragraph (1), when determining
multiple violations for the sale of alcohol to a person
under the age of 21, a second or subsequent violation for
the sale of alcohol to a person under the age of 21 shall
only be considered if it was committed within 5 years after
the date when a prior violation for the sale of alcohol to
a person under the age of 21 was committed.
The fine imposed under this paragraph may not exceed
$500 for each violation. Each day that the activity, which
gave rise to the original fine, continues is a separate
violation. The maximum fine that may be levied against any
licensee, for the period of the license, shall not exceed
$20,000. The maximum penalty that may be imposed on a
licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the destruction
of that bottle of alcoholic liquor for the first 10 bottles
so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle
thereafter sold or served from by the licensee with a
foreign object in it, the maximum penalty that may be
imposed on the licensee is the destruction of the bottle of
alcoholic liquor and a fine of up to $50.
(2) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary to
carry on its functions and duties to the end that the
health, safety and welfare of the People of the State of
Illinois shall be protected and temperance in the
consumption of alcoholic liquors shall be fostered and
promoted and to distribute copies of such rules and
regulations to all licensees affected thereby.
(3) To call upon other administrative departments of
the State, county and municipal governments, county and
city police departments and upon prosecuting officers for
such information and assistance as it deems necessary in
the performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
in this State where alcoholic liquors are manufactured,
distributed, warehoused, or sold. Nothing in this Act
authorizes an agent of the Commission to inspect private
areas within the premises without reasonable suspicion or a
warrant during an inspection. "Private areas" include, but
are not limited to, safes, personal property, and closed
desks.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or
retailer without a license or valid license, to notify the
local liquor authority, file a complaint with the State's
Attorney's Office of the county where the incident
occurred, or initiate an investigation with the
appropriate law enforcement officials.
(5.2) To issue a cease and desist notice to persons
shipping alcoholic liquor into this State from a point
outside of this State if the shipment is in violation of
this Act.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is violating
any provision of this Act or the rules and regulations
issued pursuant to this Act. Such complaints shall be in
writing, signed and sworn to by the person making the
complaint, and shall state with specificity the facts in
relation to the alleged violation. If the Commission has
reasonable grounds to believe that the complaint
substantially alleges a violation of this Act or rules and
regulations adopted pursuant to this Act, it shall conduct
an investigation. If, after conducting an investigation,
the Commission is satisfied that the alleged violation did
occur, it shall proceed with disciplinary action against
the licensee as provided in this Act.
(6) To hear and determine appeals from orders of a
local commission in accordance with the provisions of this
Act, as hereinafter set forth. Hearings under this
subsection shall be held in Springfield or Chicago, at
whichever location is the more convenient for the majority
of persons who are parties to the hearing.
(7) The commission shall establish uniform systems of
accounts to be kept by all retail licensees having more
than 4 employees, and for this purpose the commission may
classify all retail licensees having more than 4 employees
and establish a uniform system of accounts for each class
and prescribe the manner in which such accounts shall be
kept. The commission may also prescribe the forms of
accounts to be kept by all retail licensees having more
than 4 employees, including but not limited to accounts of
earnings and expenses and any distribution, payment, or
other distribution of earnings or assets, and any other
forms, records and memoranda which in the judgment of the
commission may be necessary or appropriate to carry out any
of the provisions of this Act, including but not limited to
such forms, records and memoranda as will readily and
accurately disclose at all times the beneficial ownership
of such retail licensed business. The accounts, forms,
records and memoranda shall be available at all reasonable
times for inspection by authorized representatives of the
State commission or by any local liquor control
commissioner or his or her authorized representative. The
commission, may, from time to time, alter, amend or repeal,
in whole or in part, any uniform system of accounts, or the
form and manner of keeping accounts.
(8) In the conduct of any hearing authorized to be held
by the commission, to appoint, at the commission's
discretion, hearing officers to conduct hearings involving
complex issues or issues that will require a protracted
period of time to resolve, to examine, or cause to be
examined, under oath, any licensee, and to examine or cause
to be examined the books and records of such licensee; to
hear testimony and take proof material for its information
in the discharge of its duties hereunder; to administer or
cause to be administered oaths; for any such purpose to
issue subpoena or subpoenas to require the attendance of
witnesses and the production of books, which shall be
effective in any part of this State, and to adopt rules to
implement its powers under this paragraph (8).
Any Circuit Court may by order duly entered, require
the attendance of witnesses and the production of relevant
books subpoenaed by the State commission and the court may
compel obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time
to the Governor and through him or her to the legislature
of this State, such amendments to this Act, if any, as it
may think desirable and as will serve to further the
general broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
for the control, sale or disposition of alcoholic liquor
damaged as a result of an accident, wreck, flood, fire or
other similar occurrence.
(11) To develop industry educational programs related
to responsible serving and selling, particularly in the
areas of overserving consumers and illegal underage
purchasing and consumption of alcoholic beverages.
(11.1) To license persons providing education and
training to alcohol beverage sellers and servers for
mandatory and non-mandatory training under the Beverage
Alcohol Sellers and Servers Education and Training
(BASSET) programs and to develop and administer a public
awareness program in Illinois to reduce or eliminate the
illegal purchase and consumption of alcoholic beverage
products by persons under the age of 21. Application for a
license shall be made on forms provided by the State
Commission.
(12) To develop and maintain a repository of license
and regulatory information.
(13) On or before January 15, 1994, the Commission
shall issue a written report to the Governor and General
Assembly that is to be based on a comprehensive study of
the impact on and implications for the State of Illinois of
Section 1926 of the federal Federal ADAMHA Reorganization
Act of 1992 (Public Law 102-321). This study shall address
the extent to which Illinois currently complies with the
provisions of P.L. 102-321 and the rules promulgated
pursuant thereto.
As part of its report, the Commission shall provide the
following essential information:
(i) the number of retail distributors of tobacco
products, by type and geographic area, in the State;
(ii) the number of reported citations and
successful convictions, categorized by type and
location of retail distributor, for violation of the
Prevention of Tobacco Use by Minors and Sale and
Distribution of Tobacco Products Act and the Smokeless
Tobacco Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are
intended to promote, encourage or otherwise secure
compliance with any Illinois laws that prohibit the
sale or distribution of tobacco products to minors; and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically
representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Human Services, the
Illinois State Police and any other executive branch
agency, and private organizations that may have
information relevant to this report.
The Commission may contract with the Food and Drug
Administration of the U.S. Department of Health and Human
Services to conduct unannounced investigations of Illinois
tobacco vendors to determine compliance with federal laws
relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
(14) On or before April 30, 2008 and every 2 years
thereafter, the Commission shall present a written report
to the Governor and the General Assembly that shall be
based on a study of the impact of Public Act 95-634 this
amendatory Act of the 95th General Assembly on the business
of soliciting, selling, and shipping wine from inside and
outside of this State directly to residents of this State.
As part of its report, the Commission shall provide all of
the following information:
(A) The amount of State excise and sales tax
revenues generated.
(B) The amount of licensing fees received.
(C) The number of cases of wine shipped from inside
and outside of this State directly to residents of this
State.
(D) The number of alcohol compliance operations
conducted.
(E) The number of winery shipper's licenses
issued.
(F) The number of each of the following: reported
violations; cease and desist notices issued by the
Commission; notices of violations issued by the
Commission and to the Department of Revenue; and
notices and complaints of violations to law
enforcement officials, including, without limitation,
the Illinois Attorney General and the U.S. Department
of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
(15) As a means to reduce the underage consumption of
alcoholic liquors, the Commission shall conduct alcohol
compliance operations to investigate whether businesses
that are soliciting, selling, and shipping wine from inside
or outside of this State directly to residents of this
State are licensed by this State or are selling or
attempting to sell wine to persons under 21 years of age in
violation of this Act.
(16) The Commission shall, in addition to notifying any
appropriate law enforcement agency, submit notices of
complaints or violations of Sections 6-29 and 6-29.1 by
persons who do not hold a winery shipper's license under
this amendatory Act to the Illinois Attorney General and to
the U.S. Department of Treasury's Alcohol and Tobacco Tax
and Trade Bureau.
(17) (A) A person licensed to make wine under the laws
of another state who has a winery shipper's license under
this amendatory Act and annually produces less than 25,000
gallons of wine or a person who has a first-class or
second-class wine manufacturer's license, a first-class or
second-class wine-maker's license, or a limited wine
manufacturer's license under this Act and annually
produces less than 25,000 gallons of wine may make
application to the Commission for a self-distribution
exemption to allow the sale of not more than 5,000 gallons
of the exemption holder's wine to retail licensees per
year.
(B) In the application, which shall be sworn under
penalty of perjury, such person shall state (1) the
date it was established; (2) its volume of production
and sales for each year since its establishment; (3)
its efforts to establish distributor relationships;
(4) that a self-distribution exemption is necessary to
facilitate the marketing of its wine; and (5) that it
will comply with the liquor and revenue laws of the
United States, this State, and any other state where it
is licensed.
(C) The Commission shall approve the application
for a self-distribution exemption if such person: (1)
is in compliance with State revenue and liquor laws;
(2) is not a member of any affiliated group that
produces more than 25,000 gallons of wine per annum or
produces any other alcoholic liquor; (3) will not
annually produce for sale more than 25,000 gallons of
wine; and (4) will not annually sell more than 5,000
gallons of its wine to retail licensees.
(D) A self-distribution exemption holder shall
annually certify to the Commission its production of
wine in the previous 12 months and its anticipated
production and sales for the next 12 months. The
Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it
finds that the exemption holder has made a material
misrepresentation in its application, violated a
revenue or liquor law of Illinois, exceeded production
of 25,000 gallons of wine in any calendar year, or
become part of an affiliated group producing more than
25,000 gallons of wine or any other alcoholic liquor.
(E) Except in hearings for violations of this Act
or Public Act 95-634 amendatory Act or a bona fide
investigation by duly sworn law enforcement officials,
the Commission, or its agents, the Commission shall
maintain the production and sales information of a
self-distribution exemption holder as confidential and
shall not release such information to any person.
(F) The Commission shall issue regulations
governing self-distribution exemptions consistent with
this Section and this Act.
(G) Nothing in this subsection (17) shall prohibit
a self-distribution exemption holder from entering
into or simultaneously having a distribution agreement
with a licensed Illinois distributor.
(H) It is the intent of this subsection (17) to
promote and continue orderly markets. The General
Assembly finds that in order to preserve Illinois'
regulatory distribution system it is necessary to
create an exception for smaller makers of wine as their
wines are frequently adjusted in varietals, mixes,
vintages, and taste to find and create market niches
sometimes too small for distributor or importing
distributor business strategies. Limited
self-distribution rights will afford and allow smaller
makers of wine access to the marketplace in order to
develop a customer base without impairing the
integrity of the 3-tier system.
(18) (A) A class 1 brewer licensee, who must also be
either a licensed brewer or licensed non-resident dealer
and annually manufacture less than 930,000 gallons of beer,
may make application to the State Commission for a
self-distribution exemption to allow the sale of not more
than 232,500 gallons of the exemption holder's beer to
retail licensees per year.
(B) In the application, which shall be sworn under
penalty of perjury, the class 1 brewer licensee shall
state (1) the date it was established; (2) its volume
of beer manufactured and sold for each year since its
establishment; (3) its efforts to establish
distributor relationships; (4) that a
self-distribution exemption is necessary to facilitate
the marketing of its beer; and (5) that it will comply
with the alcoholic beverage and revenue laws of the
United States, this State, and any other state where it
is licensed.
(C) Any application submitted shall be posted on
the State Commission's website at least 45 days prior
to action by the State Commission. The State Commission
shall approve the application for a self-distribution
exemption if the class 1 brewer licensee: (1) is in
compliance with the State, revenue, and alcoholic
beverage laws; (2) is not a member of any affiliated
group that manufactures manufacturers more than
930,000 gallons of beer per annum or produces any other
alcoholic beverages; (3) shall not annually
manufacture for sale more than 930,000 gallons of beer;
(4) shall not annually sell more than 232,500 gallons
of its beer to retail licensees; and (5) has
relinquished any brew pub license held by the licensee,
including any ownership interest it held in the
licensed brew pub.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its
manufacture of beer during the previous 12 months and
its anticipated manufacture and sales of beer for the
next 12 months. The State Commission may fine, suspend,
or revoke a self-distribution exemption after a
hearing if it finds that the exemption holder has made
a material misrepresentation in its application,
violated a revenue or alcoholic beverage law of
Illinois, exceeded the manufacture of 930,000 gallons
of beer in any calendar year or became part of an
affiliated group manufacturing more than 930,000
gallons of beer or any other alcoholic beverage.
(E) The State Commission shall issue rules and
regulations governing self-distribution exemptions
consistent with this Act.
(F) Nothing in this paragraph (18) shall prohibit a
self-distribution exemption holder from entering into
or simultaneously having a distribution agreement with
a licensed Illinois importing distributor or a
distributor. If a self-distribution exemption holder
enters into a distribution agreement and has assigned
distribution rights to an importing distributor or
distributor, then the self-distribution exemption
holder's distribution rights in the assigned
territories shall cease in a reasonable time not to
exceed 60 days.
(G) It is the intent of this paragraph (18) to
promote and continue orderly markets. The General
Assembly finds that in order to preserve Illinois'
regulatory distribution system, it is necessary to
create an exception for smaller manufacturers in order
to afford and allow such smaller manufacturers of beer
access to the marketplace in order to develop a
customer base without impairing the integrity of the
3-tier system.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of Public
Act 90-739 this amendatory Act of 1998 on the business of
soliciting, selling, and shipping alcoholic liquor from
outside of this State directly to residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax revenues
generated as a result of Public Act 90-739 this amendatory
Act of 1998;
(ii) the amount of licensing fees received as a result
of Public Act 90-739 this amendatory Act of 1998;
(iii) the number of reported violations, the number of
cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department of
Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;
98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
revised 9-13-16.)
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
First Class Winemaker, Class 7. Second Class Winemaker, Class
8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
10. Class 1 Brewer, Class 11. Class 2 Brewer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license,
(r) Winery shipper's license,
(s) Craft distiller tasting permit.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.
(a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of
alcoholic liquor to persons without the State, as may be
permitted by law and to licensees in this State as follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer to
importing distributors and distributors and may make sales as
authorized under subsection (e) of Section 6-4 of this Act.
Class 4. A first class wine-manufacturer may make sales and
deliveries of up to 50,000 gallons of wine to manufacturers,
importing distributors and distributors, and to no other
licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow the
manufacture of up to 50,000 gallons of wine per year, and the
storage and sale of such wine to distributors in the State and
to persons without the State, as may be permitted by law. A
person who, prior to June 1, 2008 (the effective date of Public
Act 95-634), is a holder of a first-class wine-maker's license
and annually produces more than 25,000 gallons of its own wine
and who distributes its wine to licensed retailers shall cease
this practice on or before July 1, 2008 in compliance with
Public Act 95-634.
Class 7. A second-class wine-maker's license shall allow
the manufacture of between 50,000 and 150,000 gallons of wine
per year, and the storage and sale of such wine to distributors
in this State and to persons without the State, as may be
permitted by law. A person who, prior to June 1, 2008 (the
effective date of Public Act 95-634), is a holder of a
second-class wine-maker's license and annually produces more
than 25,000 gallons of its own wine and who distributes its
wine to licensed retailers shall cease this practice on or
before July 1, 2008 in compliance with Public Act 95-634.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
Class 9. A craft distiller license shall allow the
manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166)
gallons of spirits by distillation per year and the storage of
such spirits. If a craft distiller licensee, including a craft
distiller licensee who holds more than one craft distiller
license, is not affiliated with any other manufacturer of
spirits, then the craft distiller licensee may sell such
spirits to distributors in this State and up to 2,500 gallons
of such spirits to non-licensees to the extent permitted by any
exemption approved by the Commission pursuant to Section 6-4 of
this Act. A craft distiller license holder may store such
spirits at a non-contiguous licensed location, but at no time
shall a craft distiller license holder directly or indirectly
produce in the aggregate more than 100,000 gallons of spirits
per year.
A craft distiller licensee may hold more than one craft
distiller's license. However, a craft distiller that holds more
than one craft distiller license shall not manufacture, in the
aggregate, more than 100,000 gallons of spirits by distillation
per year and shall not sell, in the aggregate, more than 2,500
gallons of such spirits to non-licensees in accordance with an
exemption approved by the State Commission pursuant to Section
6-4 of this Act.
Any craft distiller licensed under this Act who on July 28,
2010 (the effective date of Public Act 96-1367) was licensed as
a distiller and manufactured no more spirits than permitted by
this Section shall not be required to pay the initial licensing
fee.
Class 10. A class 1 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 930,000 gallons of beer
per year provided that the class 1 brewer licensee does not
manufacture more than a combined 930,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 930,000
gallons of beer per year or any other alcoholic liquor. A class
1 brewer licensee may make sales and deliveries to importing
distributors and distributors and to retail licensees in
accordance with the conditions set forth in paragraph (18) of
subsection (a) of Section 3-12 of this Act.
Class 11. A class 2 brewer license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 3,720,000 gallons of beer
per year provided that the class 2 brewer licensee does not
manufacture more than a combined 3,720,000 gallons of beer per
year and is not a member of or affiliated with, directly or
indirectly, a manufacturer that produces more than 3,720,000
gallons of beer per year or any other alcoholic liquor. A class
2 brewer licensee may make sales and deliveries to importing
distributors and distributors, but shall not make sales or
deliveries to any other licensee. If the State Commission
provides prior approval, a class 2 brewer licensee may annually
transfer up to 3,720,000 gallons of beer manufactured by that
class 2 brewer licensee to the premises of a licensed class 2
brewer wholly owned and operated by the same licensee.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor to licensed
distributors or importing distributors and which enlists
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual basis
in this State must register those agents, representatives, or
persons acting on its behalf with the State Commission.
Registration of agents, representatives, or persons acting
on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed
material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration. The State
Commission shall post a list of registered agents on the
Commission's website.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of alcoholic
liquors to licensees in this State and to persons without the
State, as may be permitted by law. No person licensed as a
distributor shall be granted a non-resident dealer's license.
(c) An importing distributor's license may be issued to and
held by those only who are duly licensed distributors, upon the
filing of an application by a duly licensed distributor, with
the Commission and the Commission shall, without the payment of
any fee, immediately issue such importing distributor's
license to the applicant, which shall allow the importation of
alcoholic liquor by the licensee into this State from any point
in the United States outside this State, and the purchase of
alcoholic liquor in barrels, casks or other bulk containers and
the bottling of such alcoholic liquors before resale thereof,
but all bottles or containers so filled shall be sealed,
labeled, stamped and otherwise made to comply with all
provisions, rules and regulations governing manufacturers in
the preparation and bottling of alcoholic liquors. The
importing distributor's license shall permit such licensee to
purchase alcoholic liquor from Illinois licensed non-resident
dealers and foreign importers only. No person licensed as an
importing distributor shall be granted a non-resident dealer's
license.
(d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Nothing in Public Act 95-634 shall
deny, limit, remove, or restrict the ability of a holder of a
retailer's license to transfer, deliver, or ship alcoholic
liquor to the purchaser for use or consumption subject to any
applicable local law or ordinance. Any retail license issued to
a manufacturer shall only permit the manufacturer to sell beer
at retail on the premises actually occupied by the
manufacturer. For the purpose of further describing the type of
business conducted at a retail licensed premises, a retailer's
licensee may be designated by the State Commission as (i) an on
premise consumption retailer, (ii) an off premise sale
retailer, or (iii) a combined on premise consumption and off
premise sale retailer.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from an
Illinois licensed distributor (unless the licensee purchases
less than $500 of alcoholic liquors for the special event, in
which case the licensee may purchase the alcoholic liquors from
a licensed retailer) and shall allow the licensee to sell and
offer for sale, at retail, alcoholic liquors for use or
consumption, but not for resale in any form and only at the
location and on the specific dates designated for the special
event in the license. An applicant for a special event retailer
license must (i) furnish with the application: (A) a resale
number issued under Section 2c of the Retailers' Occupation Tax
Act or evidence that the applicant is registered under Section
2a of the Retailers' Occupation Tax Act, (B) a current, valid
exemption identification number issued under Section 1g of the
Retailers' Occupation Tax Act, and a certification to the
Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of the
Retailers' Occupation Tax Act, and does not hold an exemption
number under Section 1g of the Retailers' Occupation Tax Act,
in which event the Commission shall set forth on the special
event retailer's license a statement to that effect; (ii)
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof
satisfactory to the State Commission that the applicant has
obtained local authority approval.
(f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on a club, buffet, lounge or dining car
operated on an electric, gas or steam railway in this State;
and provided further, that railroad licensees exercising the
above powers shall be subject to all provisions of Article VIII
of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense
alcoholic liquors on any club, buffet, lounge or dining car
operated on an electric, gas or steam railway regularly
operated by a common carrier in this State, but shall not
permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for
each car in which such sales are made.
(g) A boat license shall allow the sale of alcoholic liquor
in individual drinks, on any passenger boat regularly operated
as a common carrier on navigable waters in this State or on any
riverboat operated under the Riverboat Gambling Act, which boat
or riverboat maintains a public dining room or restaurant
thereon.
(h) A non-beverage user's license shall allow the licensee
to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a licensee
that concurrently holds a first-class wine-maker's license to
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's
licensed premises per year for use or consumption, but not for
resale in any form. A wine-maker's premises license shall allow
a licensee who concurrently holds a second-class wine-maker's
license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the second-class
wine-maker's licensed premises per year for use or consumption
but not for resale in any form. A wine-maker's premises license
shall allow a licensee that concurrently holds a first-class
wine-maker's license or a second-class wine-maker's license to
sell and offer for sale at retail at the premises specified in
the wine-maker's premises license, for use or consumption but
not for resale in any form, any beer, wine, and spirits
purchased from a licensed distributor. Upon approval from the
State Commission, a wine-maker's premises license shall allow
the licensee to sell and offer for sale at (i) the wine-maker's
licensed premises and (ii) at up to 2 additional locations for
use and consumption and not for resale. Each location shall
require additional licensing per location as specified in
Section 5-3 of this Act. A wine-maker's premises licensee shall
secure liquor liability insurance coverage in an amount at
least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
(j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on an airplane; and provided further, that
airplane licensees exercising the above powers shall be subject
to all provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also permit
the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic
liquors to any licensee within this State. A single airplane
license shall be required of an airline company if liquor
service is provided on board aircraft in this State. The annual
fee for such license shall be as determined in Section 5-3.
(k) A foreign importer's license shall permit such licensee
to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor other
than in bulk from any point outside the United States and to
sell such alcoholic liquor to Illinois licensed importing
distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all persons
who solicit orders for, offer to sell or offer to supply
alcoholic liquor to retailers in the State of Illinois, or who
offer to retailers to ship or cause to be shipped or to make
contact with distillers, rectifiers, brewers or manufacturers
or any other party within or without the State of Illinois in
order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such
solicitation or offer is consummated within or without the
State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the
broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale, to
be shipped from this State and delivered to residents outside
of this State by an express company, common carrier, or
contract carrier. This Section does not apply to any person who
promotes, solicits, or accepts orders for wine as specifically
authorized in Section 6-29 of this Act.
A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section shall
not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale, and (iii) the
non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers. No person licensed as a
non-resident dealer shall be granted a distributor's or
importing distributor's license.
(n) A brew pub license shall allow the licensee to only (i)
manufacture up to 155,000 gallons of beer per year only on the
premises specified in the license, (ii) make sales of the beer
manufactured on the premises or, with the approval of the
Commission, beer manufactured on another brew pub licensed
premises that is wholly owned and operated by the same licensee
to importing distributors, distributors, and to non-licensees
for use and consumption, (iii) store the beer upon the
premises, (iv) sell and offer for sale at retail from the
licensed premises for off-premises consumption no more than
155,000 gallons per year so long as such sales are only made
in-person, (v) sell and offer for sale at retail for use and
consumption on the premises specified in the license any form
of alcoholic liquor purchased from a licensed distributor or
importing distributor, and (vi) with the prior approval of the
Commission, annually transfer no more than 155,000 gallons of
beer manufactured on the premises to a licensed brew pub wholly
owned and operated by the same licensee.
A brew pub licensee shall not under any circumstance sell
or offer for sale beer manufactured by the brew pub licensee to
retail licensees.
A person who holds a class 2 brewer license may
simultaneously hold a brew pub license if the class 2 brewer
(i) does not, under any circumstance, sell or offer for sale
beer manufactured by the class 2 brewer to retail licensees;
(ii) does not hold more than 3 brew pub licenses in this State;
(iii) does not manufacture more than a combined 3,720,000
gallons of beer per year, including the beer manufactured at
the brew pub; and (iv) is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or any other alcoholic
liquor.
Notwithstanding any other provision of this Act, a licensed
brewer, class 2 brewer, or non-resident dealer who before July
1, 2015 manufactured less than 3,720,000 gallons of beer per
year and held a brew pub license on or before July 1, 2015 may
(i) continue to qualify for and hold that brew pub license for
the licensed premises and (ii) manufacture more than 3,720,000
gallons of beer per year and continue to qualify for and hold
that brew pub license if that brewer, class 2 brewer, or
non-resident dealer does not simultaneously hold a class 1
brewer license and is not a member of or affiliated with,
directly or indirectly, a manufacturer that produces more than
3,720,000 gallons of beer per year or that produces any other
alcoholic liquor.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food service
that serves prepared meals which excludes the serving of snacks
as the primary meal, either on or off-site whether licensed or
unlicensed.
(p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each
auction at least 14 days in advance of the auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic liquor
inventory from its retail licensed premises to the premises
specified in the license hereby created, and to sell or offer
for sale at retail, only in the premises specified in the
license hereby created, the transferred alcoholic liquor for
use or consumption, but not for resale in any form. A special
use permit license may be granted for the following time
periods: one day or less; 2 or more days to a maximum of 15 days
per location in any 12-month 12 month period. An applicant for
the special use permit license must also submit with the
application proof satisfactory to the State Commission that the
applicant will provide dram shop liability insurance to the
maximum limits and have local authority approval.
(r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a
true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery
shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include all addresses from which the
applicant for a winery shipper's license intends to ship wine,
including the name and address of any third party, except for a
common carrier, authorized to ship wine on behalf of the
manufacturer. The application form shall include an
acknowledgement consenting to the jurisdiction of the
Commission, the Illinois Department of Revenue, and the courts
of this State concerning the enforcement of this Act and any
related laws, rules, and regulations, including authorizing
the Department of Revenue and the Commission to conduct audits
for the purpose of ensuring compliance with Public Act 95-634,
and an acknowledgement that the wine manufacturer is in
compliance with Section 6-2 of this Act. Any third party,
except for a common carrier, authorized to ship wine on behalf
of a first-class or second-class wine manufacturer's licensee,
a first-class or second-class wine-maker's licensee, a limited
wine manufacturer's licensee, or a person who is licensed to
make wine under the laws of another state shall also be
disclosed by the winery shipper's licensee, and a copy of the
written appointment of the third-party wine provider, except
for a common carrier, to the wine manufacturer shall be filed
with the State Commission as a supplement to the winery
shipper's license application or any renewal thereof. The
winery shipper's license holder shall affirm under penalty of
perjury, as part of the winery shipper's license application or
renewal, that he or she only ships wine, either directly or
indirectly through a third-party provider, from the licensee's
own production.
Except for a common carrier, a third-party provider
shipping wine on behalf of a winery shipper's license holder is
the agent of the winery shipper's license holder and, as such,
a winery shipper's license holder is responsible for the acts
and omissions of the third-party provider acting on behalf of
the license holder. A third-party provider, except for a common
carrier, that engages in shipping wine into Illinois on behalf
of a winery shipper's license holder shall consent to the
jurisdiction of the State Commission and the State. Any
third-party, except for a common carrier, holding such an
appointment shall, by February 1 of each calendar year, file
with the State Commission a statement detailing each shipment
made to an Illinois resident. The State Commission shall adopt
rules as soon as practicable to implement the requirements of
Public Act 99-904 this amendatory Act of the 99th General
Assembly and shall adopt rules prohibiting any such third-party
appointment of a third-party provider, except for a common
carrier, that has been deemed by the State Commission to have
violated the provisions of this Act with regard to any winery
shipper licensee.
A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required
to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act. If a licensee fails
to properly register and remit tax under the Use Tax Act or the
Retailers' Occupation Tax Act for all wine that is sold by the
winery shipper and shipped to persons in this State, the winery
shipper's license shall be revoked in accordance with the
provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of
this State. A winery shipper licensed under this subsection (r)
must comply with the requirements of Section 6-29 of this Act.
Pursuant to paragraph (5.1) or (5.3) of subsection (a) of
Section 3-12, the State Commission may receive, respond to, and
investigate any complaint and impose any of the remedies
specified in paragraph (1) of subsection (a) of Section 3-12.
(s) A craft distiller tasting permit license shall allow an
Illinois licensed craft distiller to transfer a portion of its
alcoholic liquor inventory from its craft distiller licensed
premises to the premises specified in the license hereby
created and to conduct a sampling, only in the premises
specified in the license hereby created, of the transferred
alcoholic liquor in accordance with subsection (c) of Section
6-31 of this Act. The transferred alcoholic liquor may not be
sold or resold in any form. An applicant for the craft
distiller tasting permit license must also submit with the
application proof satisfactory to the State Commission that the
applicant will provide dram shop liability insurance to the
maximum limits and have local authority approval.
(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;
98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff.
7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904,
eff. 1-1-17; revised 9-15-16.)
(235 ILCS 5/5-3) (from Ch. 43, par. 118)
Sec. 5-3. License fees. Except as otherwise provided
herein, at the time application is made to the State Commission
for a license of any class, the applicant shall pay to the
State Commission the fee hereinafter provided for the kind of
license applied for.
The fee for licenses issued by the State Commission shall
be as follows:
For a manufacturer's license:
OnlineInitial
renewallicense
or
non-online
renewal
For a manufacturer's license:
Class 1. Distiller .................$4,000$5,000
Class 2. Rectifier .................4,000 5,000
Class 3. Brewer ....................1,200 1,500
Class 4. First-class Wine
Manufacturer ...................750900
Class 5. Second-class
Wine Manufacturer ..............1,500 1,750
Class 6. First-class wine-maker ....750 900
Class 7. Second-class wine-maker ...1,500 1,750
Class 8. Limited Wine
Manufacturer....................250350
Class 9. Craft Distiller............ 2,000 2,500
Class 10. Class 1 Brewer............50 75
Class 11. Class 2 Brewer............ 75 100
For a Brew Pub License..............1,2001,500
For a caterer retailer's license....350 500
For a foreign importer's license ...25 25
For an importing distributor's
license.........................2525
For a distributor's license
(11,250,000 gallons
or over)........................1,4502,200
For a distributor's license
(over 4,500,000 gallons, but
under 11,250,000 gallons)....... 9501,450
For a distributor's license
(4,500,000 gallons or under)....300450
For a non-resident dealer's license
(500,000 gallons or over) ......1,200 1,500
For a non-resident dealer's license
(under 500,000 gallons) ........250 350
For a wine-maker's premises
license ........................250500
For a winery shipper's license
(under 250,000 gallons).........200 350
For a winery shipper's license
(250,000 or over, but
under 500,000 gallons)..........7501,000
For a winery shipper's license
(500,000 gallons or over).......1,200 1,500
For a wine-maker's premises license,
second location ................500 1,000
For a wine-maker's premises license,
third location .................5001,000
For a retailer's license ...........600 750
For a special event retailer's
license, (not-for-profit) ......25 25
For a special use permit license,
one day only ...................100 150
2 days or more .................150 250
For a railroad license .............100 150
For a boat license .................500 1,000
For an airplane license, times the
licensee's maximum number of
aircraft in flight, serving
liquor over the State at any
given time, which either
originate, terminate, or make
an intermediate stop in
the State.......................100150
For a non-beverage user's license:
Class 1 ........................2424
Class 2 ........................6060
Class 3 ........................120120
Class 4 ........................240240
Class 5 ........................600600
For a broker's license .............750 1,000
For an auction liquor license ......100 150
For a homebrewer special
event permit....................2525
For a craft distiller
tasting permit..................25 25
For a BASSET trainer license........ 300 350
For a tasting representative
license.........................200300
Fees collected under this Section shall be paid into the
Dram Shop Fund. On and after July 1, 2003 and until June 30,
2016, of the funds received for a retailer's license, in
addition to the first $175, an additional $75 shall be paid
into the Dram Shop Fund, and $250 shall be paid into the
General Revenue Fund. On and after June 30, 2016, one-half of
the funds received for a retailer's license shall be paid into
the Dram Shop Fund and one-half of the funds received for a
retailer's license shall be paid into the General Revenue Fund.
Beginning June 30, 1990 and on June 30 of each subsequent year
through June 29, 2003, any balance over $5,000,000 remaining in
the Dram Shop Fund shall be credited to State liquor licensees
and applied against their fees for State liquor licenses for
the following year. The amount credited to each licensee shall
be a proportion of the balance in the Dram Fund that is the
same as the proportion of the license fee paid by the licensee
under this Section for the period in which the balance was
accumulated to the aggregate fees paid by all licensees during
that period.
No fee shall be paid for licenses issued by the State
Commission to the following non-beverage users:
(a) Hospitals, sanitariums, or clinics when their use
of alcoholic liquor is exclusively medicinal, mechanical
or scientific.
(b) Universities, colleges of learning or schools when
their use of alcoholic liquor is exclusively medicinal,
mechanical or scientific.
(c) Laboratories when their use is exclusively for the
purpose of scientific research.
(Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15; 99-902,
eff. 8-26-16; 99-904, eff. 8-26-16; revised 9-13-16.)
(235 ILCS 5/6-4) (from Ch. 43, par. 121)
Sec. 6-4. (a) No person licensed by any licensing authority
as a distiller, or a wine manufacturer, or any subsidiary or
affiliate thereof, or any officer, associate, member, partner,
representative, employee, agent or shareholder owning more
than 5% of the outstanding shares of such person shall be
issued an importing distributor's or distributor's license,
nor shall any person licensed by any licensing authority as an
importing distributor, distributor or retailer, or any
subsidiary or affiliate thereof, or any officer or associate,
member, partner, representative, employee, agent or
shareholder owning more than 5% of the outstanding shares of
such person be issued a distiller's license, a craft
distiller's license, or a wine manufacturer's license; and no
person or persons licensed as a distiller or craft distiller by
any licensing authority shall have any interest, directly or
indirectly, with such distributor or importing distributor.
However, an importing distributor or distributor, which on
January 1, 1985 is owned by a brewer, or any subsidiary or
affiliate thereof or any officer, associate, member, partner,
representative, employee, agent or shareholder owning more
than 5% of the outstanding shares of the importing distributor
or distributor referred to in this paragraph, may own or
acquire an ownership interest of more than 5% of the
outstanding shares of a wine manufacturer and be issued a wine
manufacturer's license by any licensing authority.
(b) The foregoing provisions shall not apply to any person
licensed by any licensing authority as a distiller or wine
manufacturer, or to any subsidiary or affiliate of any
distiller or wine manufacturer who shall have been heretofore
licensed by the State Commission as either an importing
distributor or distributor during the annual licensing period
expiring June 30, 1947, and shall actually have made sales
regularly to retailers.
(c) Provided, however, that in such instances where a
distributor's or importing distributor's license has been
issued to any distiller or wine manufacturer or to any
subsidiary or affiliate of any distiller or wine manufacturer
who has, during the licensing period ending June 30, 1947, sold
or distributed as such licensed distributor or importing
distributor alcoholic liquors and wines to retailers, such
distiller or wine manufacturer or any subsidiary or affiliate
of any distiller or wine manufacturer holding such
distributor's or importing distributor's license may continue
to sell or distribute to retailers such alcoholic liquors and
wines which are manufactured, distilled, processed or marketed
by distillers and wine manufacturers whose products it sold or
distributed to retailers during the whole or any part of its
licensing periods; and such additional brands and additional
products may be added to the line of such distributor or
importing distributor, provided, that such brands and such
products were not sold or distributed by any distributor or
importing distributor licensed by the State Commission during
the licensing period ending June 30, 1947, but can not sell or
distribute to retailers any other alcoholic liquors or wines.
(d) It shall be unlawful for any distiller licensed
anywhere to have any stock ownership or interest in any
distributor's or importing distributor's license wherein any
other person has an interest therein who is not a distiller and
does not own more than 5% of any stock in any distillery.
Nothing herein contained shall apply to such distillers or
their subsidiaries or affiliates, who had a distributor's or
importing distributor's license during the licensing period
ending June 30, 1947, which license was owned in whole by such
distiller, or subsidiaries or affiliates of such distiller.
(e) Any person licensed as a brewer, class 1 brewer, or
class 2 brewer shall be permitted to sell on the licensed
premises to non-licensees for on or off-premises consumption
for the premises in which he or she actually conducts such
business beer manufactured by the brewer, class 1 brewer, or
class 2 brewer. Such sales shall be limited to on-premises,
in-person sales only, for lawful consumption on or off
premises. Such authorization shall be considered a privilege
granted by the brewer license and, other than a manufacturer of
beer as stated above, no manufacturer or distributor or
importing distributor, excluding airplane licensees exercising
powers provided in paragraph (i) of Section 5-1 of this Act, or
any subsidiary or affiliate thereof, or any officer, associate,
member, partner, representative, employee or agent, or
shareholder shall be issued a retailer's license, nor shall any
person having a retailer's license, excluding airplane
licensees exercising powers provided in paragraph (i) of
Section 5-1 of this Act, or any subsidiary or affiliate
thereof, or any officer, associate, member, partner,
representative or agent, or shareholder be issued a
manufacturer's license or importing distributor's license.
A person who holds a class 1 or class 2 brewer license and
is authorized by this Section to sell beer to non-licensees
shall not sell beer to non-licensees from more than 3 total
brewer or commonly owned brew pub licensed locations in this
State. The class 1 or class 2 brewer shall designate to the
State Commission the brewer or brew pub locations from which it
will sell beer to non-licensees.
A person licensed as a craft distiller, including a person
who holds more than one craft distiller license, not affiliated
with any other person manufacturing spirits may be authorized
by the Commission to sell up to 2,500 gallons of spirits
produced by the person to non-licensees for on or off-premises
consumption for the premises in which he or she actually
conducts business permitting only the retail sale of spirits
manufactured at such premises. Such sales shall be limited to
on-premises, in-person sales only, for lawful consumption on or
off premises, and such authorization shall be considered a
privilege granted by the craft distiller license. A craft
distiller licensed for retail sale shall secure liquor
liability insurance coverage in an amount at least equal to the
maximum liability amounts set forth in subsection (a) of
Section 6-21 of this Act.
A craft distiller license holder shall not deliver any
alcoholic liquor to any non-licensee off the licensed premises.
A craft distiller shall affirm in its annual craft distiller's
license application that it does not produce more than 100,000
gallons of distilled spirits annually and that the craft
distiller does not sell more than 2,500 gallons of spirits to
non-licensees for on or off-premises consumption. In the
application, which shall be sworn under penalty of perjury, the
craft distiller shall state the volume of production and sales
for each year since the craft distiller's establishment.
(f) (Blank).
(g) Notwithstanding any of the foregoing prohibitions, a
limited wine manufacturer may sell at retail at its
manufacturing site for on or off premises consumption and may
sell to distributors. A limited wine manufacturer licensee
shall secure liquor liability insurance coverage in an amount
at least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
(h) The changes made to this Section by Public Act 99-47
shall not diminish or impair the rights of any person, whether
a distiller, wine manufacturer, agent, or affiliate thereof,
who requested in writing and submitted documentation to the
State Commission on or before February 18, 2015 to be approved
for a retail license pursuant to what has heretofore been
subsection (f); provided that, on or before that date, the
State Commission considered the intent of that person to apply
for the retail license under that subsection and, by recorded
vote, the State Commission approved a resolution indicating
that such a license application could be lawfully approved upon
that person duly filing a formal application for a retail
license and if that person, within 90 days of the State
Commission appearance and recorded vote, first filed an
application with the appropriate local commission, which
application was subsequently approved by the appropriate local
commission prior to consideration by the State Commission of
that person's application for a retail license. It is further
provided that the State Commission may approve the person's
application for a retail license or renewals of such license if
such person continues to diligently adhere to all
representations made in writing to the State Commission on or
before February 18, 2015, or thereafter, or in the affidavit
filed by that person with the State Commission to support the
issuance of a retail license and to abide by all applicable
laws and duly adopted rules.
(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;
99-642, eff. 7-28-16; 99-902, eff. 8-26-16; revised 10-25-16.)
(235 ILCS 5/6-11)
Sec. 6-11. Sale near churches, schools, and hospitals.
(a) No license shall be issued for the sale at retail of
any alcoholic liquor within 100 feet of any church, school
other than an institution of higher learning, hospital, home
for aged or indigent persons or for veterans, their spouses or
children or any military or naval station, provided, that this
prohibition shall not apply to hotels offering restaurant
service, regularly organized clubs, or to restaurants, food
shops or other places where sale of alcoholic liquors is not
the principal business carried on if the place of business so
exempted is not located in a municipality of more than 500,000
persons, unless required by local ordinance; nor to the renewal
of a license for the sale at retail of alcoholic liquor on
premises within 100 feet of any church or school where the
church or school has been established within such 100 feet
since the issuance of the original license. In the case of a
church, the distance of 100 feet shall be measured to the
nearest part of any building used for worship services or
educational programs and not to property boundaries.
(b) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor to a
restaurant, the primary business of which is the sale of goods
baked on the premises if (i) the restaurant is newly
constructed and located on a lot of not less than 10,000 square
feet, (ii) the restaurant costs at least $1,000,000 to
construct, (iii) the licensee is the titleholder to the
premises and resides on the premises, and (iv) the construction
of the restaurant is completed within 18 months of July 10,
1998 (the effective date of Public Act 90-617).
(c) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor
incidental to a restaurant if (1) the primary business of the
restaurant consists of the sale of food where the sale of
liquor is incidental to the sale of food and the applicant is a
completely new owner of the restaurant, (2) the immediately
prior owner or operator of the premises where the restaurant is
located operated the premises as a restaurant and held a valid
retail license authorizing the sale of alcoholic liquor at the
restaurant for at least part of the 24 months before the change
of ownership, and (3) the restaurant is located 75 or more feet
from a school.
(d) In the interest of further developing Illinois' economy
in the area of commerce, tourism, convention, and banquet
business, nothing in this Section shall prohibit issuance of a
retail license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, grocery store, or hotel having
not fewer than 150 guest room accommodations located in a
municipality of more than 500,000 persons, notwithstanding the
proximity of such hotel, restaurant, banquet facility, or
grocery store to any church or school, if the licensed premises
described on the license are located within an enclosed mall or
building of a height of at least 6 stories, or 60 feet in the
case of a building that has been registered as a national
landmark, or in a grocery store having a minimum of 56,010
square feet of floor space in a single story building in an
open mall of at least 3.96 acres that is adjacent to a public
school that opened as a boys technical high school in 1934, or
in a grocery store having a minimum of 31,000 square feet of
floor space in a single story building located a distance of
more than 90 feet but less than 100 feet from a high school
that opened in 1928 as a junior high school and became a senior
high school in 1933, and in each of these cases if the sale of
alcoholic liquors is not the principal business carried on by
the licensee.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(e) Nothing in this Section shall prohibit the issuance of
a license to a church or private school to sell at retail
alcoholic liquor if any such sales are limited to periods when
groups are assembled on the premises solely for the promotion
of some common object other than the sale or consumption of
alcoholic liquors.
(f) Nothing in this Section shall prohibit a church or
church affiliated school located in a home rule municipality or
in a municipality with 75,000 or more inhabitants from locating
within 100 feet of a property for which there is a preexisting
license to sell alcoholic liquor at retail. In these instances,
the local zoning authority may, by ordinance adopted
simultaneously with the granting of an initial special use
zoning permit for the church or church affiliated school,
provide that the 100-foot restriction in this Section shall not
apply to that church or church affiliated school and future
retail liquor licenses.
(g) Nothing in this Section shall prohibit the issuance of
a retail license authorizing the sale of alcoholic liquor at
premises within 100 feet, but not less than 90 feet, of a
public school if (1) the premises have been continuously
licensed to sell alcoholic liquor for a period of at least 50
years, (2) the premises are located in a municipality having a
population of over 500,000 inhabitants, (3) the licensee is an
individual who is a member of a family that has held the
previous 3 licenses for that location for more than 25 years,
(4) the principal of the school and the alderman of the ward in
which the school is located have delivered a written statement
to the local liquor control commissioner stating that they do
not object to the issuance of a license under this subsection
(g), and (5) the local liquor control commissioner has received
the written consent of a majority of the registered voters who
live within 200 feet of the premises.
(h) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio area attached to
premises that are located in a municipality with a population
in excess of 300,000 inhabitants and that are within 100 feet
of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food,
(2) the sale of liquor is not the principal business
carried on by the licensee at the premises,
(3) the premises are less than 1,000 square feet,
(4) the premises are owned by the University of
Illinois,
(5) the premises are immediately adjacent to property
owned by a church and are not less than 20 nor more than 40
feet from the church space used for worship services, and
(6) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing.
(i) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 300,000 inhabitants and is within 100 feet of a
church, synagogue, or other place of worship if:
(1) the primary entrance of the premises and the
primary entrance of the church, synagogue, or other place
of worship are at least 100 feet apart, on parallel
streets, and separated by an alley; and
(2) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(j) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
of a retail license authorizing the sale of alcoholic liquor at
a theater that is within 100 feet of a church if (1) the church
owns the theater, (2) the church leases the theater to one or
more entities, and (3) the theater is used by at least 5
different not-for-profit theater groups.
(k) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the primary entrance of the premises and the
primary entrance of the school are parallel, on different
streets, and separated by an alley;
(2) the southeast corner of the premises are at least
350 feet from the southwest corner of the school;
(3) the school was built in 1978;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the applicant is the owner of the restaurant and
has held a valid license authorizing the sale of alcoholic
liquor for the business to be conducted on the premises at
a different location for more than 7 years; and
(7) the premises is at least 2,300 square feet and sits
on a lot that is between 6,100 and 6,150 square feet.
(l) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church or school if:
(1) the primary entrance of the premises and the
closest entrance of the church or school is at least 90
feet apart and no greater than 95 feet apart;
(2) the shortest distance between the premises and the
church or school is at least 80 feet apart and no greater
than 85 feet apart;
(3) the applicant is the owner of the restaurant and on
November 15, 2006 held a valid license authorizing the sale
of alcoholic liquor for the business to be conducted on the
premises for at least 14 different locations;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the premises is at least 3,200 square feet and sits
on a lot that is between 7,150 and 7,200 square feet; and
(7) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(m) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a church if:
(1) the premises and the church are perpendicular, and
the primary entrance of the premises faces South while the
primary entrance of the church faces West and the distance
between the two entrances is more than 100 feet;
(2) the shortest distance between the premises lot line
and the exterior wall of the church is at least 80 feet;
(3) the church was established at the current location
in 1916 and the present structure was erected in 1925;
(4) the premises is a single story, single use building
with at least 1,750 square feet and no more than 2,000
square feet;
(5) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(6) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises; and
(7) the principal religious leader at the place of
worship has not indicated his or her opposition to the
issuance or renewal of the license in writing.
(n) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the school is a City of Chicago School District 299
school;
(2) the school is located within subarea E of City of
Chicago Residential Business Planned Development Number
70;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(4) the sale of alcoholic liquor at the premises is
incidental to the sale of food; and
(5) the administration of City of Chicago School
District 299 has expressed, in writing, its support for the
issuance of the license.
(o) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a retail license authorizing the sale of
alcoholic liquor at a premises that is located within a
municipality in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises is located on a street that runs
perpendicular to the street on which the church is located;
(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the
premises and any part of the church is at least 60 feet;
(6) the premises is between 3,600 and 4,000 square feet
and sits on a lot that is between 3,600 and 4,000 square
feet; and
(7) the premises was built in the year 1909.
For purposes of this subsection (o), "premises" means a
place of business together with a privately owned outdoor
location that is adjacent to the place of business.
(p) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the shortest distance between the backdoor of the
premises, which is used as an emergency exit, and the
church is at least 80 feet;
(2) the church was established at the current location
in 1889; and
(3) liquor has been sold on the premises since at least
1985.
(q) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a premises that is located in a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church-owned property if:
(1) the premises is located within a larger building
operated as a grocery store;
(2) the area of the premises does not exceed 720 square
feet and the area of the larger building exceeds 18,000
square feet;
(3) the larger building containing the premises is
within 100 feet of the nearest property line of a
church-owned property on which a church-affiliated school
is located;
(4) the sale of liquor is not the principal business
carried on within the larger building;
(5) the primary entrance of the larger building and the
premises and the primary entrance of the church-affiliated
school are on different, parallel streets, and the distance
between the 2 primary entrances is more than 100 feet;
(6) the larger building is separated from the
church-owned property and church-affiliated school by an
alley;
(7) the larger building containing the premises and the
church building front are on perpendicular streets and are
separated by a street; and
(8) (Blank).
(r) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance,
renewal, or maintenance of a license authorizing the sale of
alcoholic liquor incidental to the sale of food within a
restaurant established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the primary entrance of the church and the primary
entrance of the restaurant are at least 100 feet apart;
(2) the restaurant has operated on the ground floor and
lower level of a multi-story, multi-use building for more
than 40 years;
(3) the primary business of the restaurant consists of
the sale of food where the sale of liquor is incidental to
the sale of food;
(4) the sale of alcoholic liquor is conducted primarily
in the below-grade level of the restaurant to which the
only public access is by a staircase located inside the
restaurant; and
(5) the restaurant has held a license authorizing the
sale of alcoholic liquor on the premises for more than 40
years.
(s) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit renewal of a
license authorizing the sale of alcoholic liquor at a premises
that is located within a municipality with a population more
than 5,000 and less than 10,000 and is within 100 feet of a
church if:
(1) the church was established at the location within
100 feet of the premises after a license for the sale of
alcoholic liquor at the premises was first issued;
(2) a license for sale of alcoholic liquor at the
premises was first issued before January 1, 2007; and
(3) a license for the sale of alcoholic liquor on the
premises has been continuously in effect since January 1,
2007, except for interruptions between licenses of no more
than 90 days.
(t) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant that
is established in a premises that is located in a municipality
with a population in excess of 1,000,000 inhabitants and within
100 feet of a school and a church if:
(1) the restaurant is located inside a five-story
building with over 16,800 square feet of commercial space;
(2) the area of the premises does not exceed 31,050
square feet;
(3) the area of the restaurant does not exceed 5,800
square feet;
(4) the building has no less than 78 condominium units;
(5) the construction of the building in which the
restaurant is located was completed in 2006;
(6) the building has 10 storefront properties, 3 of
which are used for the restaurant;
(7) the restaurant will open for business in 2010;
(8) the building is north of the school and separated
by an alley; and
(9) the principal religious leader of the church and
either the alderman of the ward in which the school is
located or the principal of the school have delivered a
written statement to the local liquor control commissioner
stating that he or she does not object to the issuance of a
license under this subsection (t).
(u) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a school
if:
(1) the premises operates as a restaurant and has been
in operation since February 2008;
(2) the applicant is the owner of the premises;
(3) the sale of alcoholic liquor is incidental to the
sale of food;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(5) the premises occupy the first floor of a 3-story
building that is at least 90 years old;
(6) the rear lot of the school and the rear corner of
the building that the premises occupy are separated by an
alley;
(7) the distance from the southwest corner of the
property line of the school and the northeast corner of the
building that the premises occupy is at least 16 feet, 5
inches;
(8) the distance from the rear door of the premises to
the southwest corner of the property line of the school is
at least 93 feet;
(9) the school is a City of Chicago School District 299
school;
(10) the school's main structure was erected in 1902
and an addition was built to the main structure in 1959;
and
(11) the principal of the school and the alderman in
whose district the premises are located have expressed, in
writing, their support for the issuance of the license.
(v) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and is within
100 feet of a school if:
(1) the total land area of the premises for which the
license or renewal is sought is more than 600,000 square
feet;
(2) the premises for which the license or renewal is
sought has more than 600 parking stalls;
(3) the total area of all buildings on the premises for
which the license or renewal is sought exceeds 140,000
square feet;
(4) the property line of the premises for which the
license or renewal is sought is separated from the property
line of the school by a street;
(5) the distance from the school's property line to the
property line of the premises for which the license or
renewal is sought is at least 60 feet;
(6) as of June 14, 2011 (the effective date of Public
Act 97-9), the premises for which the license or renewal is
sought is located in the Illinois Medical District.
(w) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at a premises
that is located within a municipality with a population in
excess of 1,000,000 inhabitants and within 100 feet of a church
if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises occupy the first floor and basement of
a 2-story building that is 106 years old;
(4) the premises is at least 7,000 square feet and
located on a lot that is at least 11,000 square feet;
(5) the premises is located directly west of the
church, on perpendicular streets, and separated by an
alley;
(6) the distance between the property line of the
premises and the property line of the church is at least 20
feet;
(7) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
130 feet; and
(8) the church has been at its location for at least 40
years.
(x) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the church has been operating in its current
location since 1973;
(3) the premises has been operating in its current
location since 1988;
(4) the church and the premises are owned by the same
parish;
(5) the premises is used for cultural and educational
purposes;
(6) the primary entrance to the premises and the
primary entrance to the church are located on the same
street;
(7) the principal religious leader of the church has
indicated his support of the issuance of the license;
(8) the premises is a 2-story building of approximately
23,000 square feet; and
(9) the premises houses a ballroom on its ground floor
of approximately 5,000 square feet.
(y) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) according to the municipality, the distance
between the east property line of the premises and the west
property line of the school is 97.8 feet;
(4) the school is a City of Chicago School District 299
school;
(5) the school has been operating since 1959;
(6) the primary entrance to the premises and the
primary entrance to the school are located on the same
street;
(7) the street on which the entrances of the premises
and the school are located is a major diagonal
thoroughfare;
(8) the premises is a single-story building of
approximately 2,900 square feet; and
(9) the premises is used for commercial purposes only.
(z) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is a free-standing building that has
"drive-through" pharmacy service;
(8) the premises has approximately 14,490 square feet
of retail space;
(9) the premises has approximately 799 square feet of
pharmacy space;
(10) the premises is located on a major arterial street
that runs east-west and accepts truck traffic; and
(11) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(aa) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain having over
100 locations within the municipality;
(4) the licensee has over 8,000 locations nationwide;
(5) the licensee has locations in all 50 states;
(6) the premises is located in the North-East quadrant
of the municipality;
(7) the premises is located across the street from a
national grocery chain outlet;
(8) the premises has approximately 16,148 square feet
of retail space;
(9) the premises has approximately 992 square feet of
pharmacy space;
(10) the premises is located on a major arterial street
that runs north-south and accepts truck traffic; and
(11) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(bb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(3) the primary entrance to the premises and the
primary entrance to the church are located on the same
street;
(4) the premises is across the street from the church;
(5) the street on which the premises and the church are
located is a major arterial street that runs east-west;
(6) the church is an elder-led and Bible-based Assyrian
church;
(7) the premises and the church are both single-story
buildings;
(8) the storefront directly west of the church is being
used as a restaurant; and
(9) the distance between the northern-most property
line of the premises and the southern-most property line of
the church is 65 feet.
(cc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors at
the premises;
(3) the licensee is a national retail chain;
(4) as of October 25, 2011, the licensee has 1,767
stores operating nationwide, 87 stores operating in the
State, and 10 stores operating within the municipality;
(5) the licensee shall occupy approximately 124,000
square feet of space in the basement and first and second
floors of a building located across the street from a
school;
(6) the school opened in August of 2009 and occupies
approximately 67,000 square feet of space; and
(7) the building in which the premises shall be located
has been listed on the National Register of Historic Places
since April 17, 1970.
(dd) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that was
purchased from the municipality at a fair market price;
(2) the premises is constructed on land that was
previously used as a parking facility for public safety
employees;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(4) the main entrance to the store is more than 100
feet from the main entrance to the school;
(5) the premises is to be new construction;
(6) the school is a private school;
(7) the principal of the school has given written
approval for the license;
(8) the alderman of the ward where the premises is
located has given written approval of the issuance of the
license;
(9) the grocery store level of the premises is between
60,000 and 70,000 square feet; and
(10) the owner and operator of the grocery store
operates 2 other grocery stores that have alcoholic liquor
licenses within the same municipality.
(ee) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at a premises that
is located within a municipality with a population in excess of
1,000,000 inhabitants and is within 100 feet of a school if:
(1) the premises is constructed on land that once
contained an industrial steel facility;
(2) the premises is located on land that has undergone
environmental remediation;
(3) the premises is located within a retail complex
containing retail stores where some of the stores sell
alcoholic beverages;
(4) the principal activity of any restaurant in the
retail complex is the sale of food, and the sale of
alcoholic liquor is incidental to the sale of food;
(5) the sale of alcoholic liquor is not the principal
business carried on by the grocery store;
(6) the entrance to any business that sells alcoholic
liquor is more than 100 feet from the entrance to the
school;
(7) the alderman of the ward where the premises is
located has given written approval of the issuance of the
license; and
(8) the principal of the school has given written
consent to the issuance of the license.
(ff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises is a one and one-half-story building
of approximately 10,000 square feet;
(4) the school is a City of Chicago School District 299
school;
(5) the primary entrance of the premises and the
primary entrance of the school are at least 300 feet apart
and no more than 400 feet apart;
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his support for the
issuance of the license; and
(7) the principal of the school has expressed, in
writing, that there is no objection to the issuance of a
license under this subsection (ff).
(gg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established in a premises that is located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the property on which the church is located and the
property on which the premises are located are both within
a district originally listed on the National Register of
Historic Places on February 14, 1979;
(3) the property on which the premises are located
contains one or more multi-story buildings that are at
least 95 years old and have no more than three stories;
(4) the building in which the church is located is at
least 120 years old;
(5) the property on which the church is located is
immediately adjacent to and west of the property on which
the premises are located;
(6) the western boundary of the property on which the
premises are located is no less than 118 feet in length and
no more than 122 feet in length;
(7) as of December 31, 2012, both the church property
and the property on which the premises are located are
within 250 feet of City of Chicago Business-Residential
Planned Development Number 38;
(8) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing; and
(9) the alderman in whose district the premises are
located has expressed his or her support for the issuance
of the license in writing.
For the purposes of this subsection, "banquet facility"
means the part of the building that is located on the floor
above a restaurant and caters to private parties and where the
sale of alcoholic liquors is not the principal business.
(hh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a hotel and at an outdoor patio area attached to
the hotel that are located in a municipality with a population
in excess of 1,000,000 inhabitants and that are within 100 feet
of a hospital if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the hotel;
(2) the hotel is located within the City of Chicago
Business Planned Development Number 468; and
(3) the hospital is located within the City of Chicago
Institutional Planned Development Number 3.
(ii) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a restaurant and at an outdoor patio area
attached to the restaurant that are located in a municipality
with a population in excess of 1,000,000 inhabitants and that
are within 100 feet of a church if:
(1) the sale of alcoholic liquor at the premises is not
the principal business carried on by the licensee and is
incidental to the sale of food;
(2) the restaurant has been operated on the street
level of a 2-story building located on a corner lot since
2008;
(3) the restaurant is between 3,700 and 4,000 square
feet and sits on a lot that is no more than 6,200 square
feet;
(4) the primary entrance to the restaurant and the
primary entrance to the church are located on the same
street;
(5) the street on which the restaurant and the church
are located is a major east-west street;
(6) the restaurant and the church are separated by a
one-way northbound street;
(7) the church is located to the west of and no more
than 65 feet from the restaurant; and
(8) the principal religious leader at the place of
worship has indicated his or her consent to the issuance of
the license in writing.
(jj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the premises are located east of the church, on
perpendicular streets, and separated by an alley;
(4) the distance between the primary entrance of the
premises and the primary entrance of the church is at least
175 feet;
(5) the distance between the property line of the
premises and the property line of the church is at least 40
feet;
(6) the licensee has been operating at the premises
since 2012;
(7) the church was constructed in 1904;
(8) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license; and
(9) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(jj).
(kk) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on
the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
stores operating nationwide, 89 operating in this State,
and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 169,048
square feet of space within a building that is located
across the street from a tuition-based preschool; and
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(ll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the licensee shall only sell packaged liquors on
the premises;
(3) the licensee is a national retail chain;
(4) as of February 27, 2013, the licensee had 1,778
stores operating nationwide, 89 operating in this State,
and 11 stores operating within the municipality;
(5) the licensee shall occupy approximately 191,535
square feet of space within a building that is located
across the street from an elementary school; and
(6) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(mm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within premises and at an outdoor patio or sidewalk
cafe, or both, attached to premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and that are within 100 feet of a hospital if:
(1) the primary business of the restaurant consists of
the sale of food where the sale of liquor is incidental to
the sale of food;
(2) as a restaurant, the premises may or may not offer
catering as an incidental part of food service;
(3) the primary business of the restaurant is conducted
in space owned by a hospital or an entity owned or
controlled by, under common control with, or that controls
a hospital, and the chief hospital administrator has
expressed his or her support for the issuance of the
license in writing; and
(4) the hospital is an adult acute care facility
primarily located within the City of Chicago Institutional
Planned Development Number 3.
(nn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a theater;
(3) the premises are a building that was constructed in
1913 and opened on May 24, 1915 as a vaudeville theater,
and the premises were converted to a motion picture theater
in 1935;
(4) the church was constructed in 1889 with a stone
exterior;
(5) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart;
and
(6) the principal religious leader at the place of
worship has indicated his or her consent to the issuance of
the license in writing; and
(7) the alderman in whose ward the premises are located
has expressed his or her support for the issuance of the
license in writing.
(oo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at a premises that is located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a mosque, church, or other place of worship if:
(1) the primary entrance of the premises and the
primary entrance of the mosque, church, or other place of
worship are perpendicular and are on different streets;
(2) the primary entrance to the premises faces West and
the primary entrance to the mosque, church, or other place
of worship faces South;
(3) the distance between the 2 primary entrances is at
least 100 feet;
(4) the mosque, church, or other place of worship was
established in a location within 100 feet of the premises
after a license for the sale of alcohol at the premises was
first issued;
(5) the mosque, church, or other place of worship was
established on or around January 1, 2011;
(6) a license for the sale of alcohol at the premises
was first issued on or before January 1, 1985;
(7) a license for the sale of alcohol at the premises
has been continuously in effect since January 1, 1985,
except for interruptions between licenses of no more than
90 days; and
(8) the premises are a single-story, single-use
building of at least 3,000 square feet and no more than
3,380 square feet.
(pp) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor incidental to the sale of food within a restaurant or
banquet facility established on premises that are located in a
municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of at least one church if:
(1) the sale of liquor shall not be the principal
business carried on by the licensee at the premises;
(2) the premises are at least 2,000 square feet and no
more than 10,000 square feet and is located in a
single-story building;
(3) the property on which the premises are located is
within an area that, as of 2009, was designated as a
Renewal Community by the United States Department of
Housing and Urban Development;
(4) the property on which the premises are located and
the properties on which the churches are located are on the
same street;
(5) the property on which the premises are located is
immediately adjacent to and east of the property on which
at least one of the churches is located;
(6) the property on which the premises are located is
across the street and southwest of the property on which
another church is located;
(7) the principal religious leaders of the churches
have indicated their support for the issuance of the
license in writing; and
(8) the alderman in whose ward the premises are located
has expressed his or her support for the issuance of the
license in writing.
For purposes of this subsection (pp), "banquet facility"
means the part of the building that caters to private parties
and where the sale of alcoholic liquors is not the principal
business.
(qq) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor on premises that are located within a municipality with
a population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the primary entrance of the premises and the
closest entrance of the church or school are at least 200
feet apart and no greater than 300 feet apart;
(2) the shortest distance between the premises and the
church or school is at least 66 feet apart and no greater
than 81 feet apart;
(3) the premises are a single-story, steel-framed
commercial building with at least 18,042 square feet, and
was constructed in 1925 and 1997;
(4) the owner of the business operated within the
premises has been the general manager of a similar
supermarket within one mile from the premises, which has
had a valid license authorizing the sale of alcoholic
liquor since 2002, and is in good standing with the City of
Chicago;
(5) the principal religious leader at the place of
worship has indicated his or her support to the issuance or
renewal of the license in writing;
(6) the alderman of the ward has indicated his or her
support to the issuance or renewal of the license in
writing; and
(7) the principal of the school has indicated his or
her support to the issuance or renewal of the license in
writing.
(rr) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a club that leases space to a school if:
(1) the sale of alcoholic liquor is not the principal
business carried out on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a grocery store;
(3) the premises are a building of approximately 1,750
square feet and is rented by the owners of the grocery
store from a family member;
(4) the property line of the premises is approximately
68 feet from the property line of the club;
(5) the primary entrance of the premises and the
primary entrance of the club where the school leases space
are at least 100 feet apart;
(6) the director of the club renting space to the
school has indicated his or her consent to the issuance of
the license in writing; and
(7) the alderman in whose district the premises are
located has expressed his or her support for the issuance
of the license in writing.
(ss) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are located within a 15 unit building
with 13 residential apartments and 2 commercial spaces, and
the licensee will occupy both commercial spaces;
(2) a restaurant has been operated on the premises
since June 2011;
(3) the restaurant currently occupies 1,075 square
feet, but will be expanding to include 975 additional
square feet;
(4) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(5) the premises are located south of the church and on
the same street and are separated by a one-way westbound
street;
(6) the primary entrance of the premises is at least 93
feet from the primary entrance of the church;
(7) the shortest distance between any part of the
premises and any part of the church is at least 72 feet;
(8) the building in which the restaurant is located was
built in 1910;
(9) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license; and
(10) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(ss).
(tt) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the sale of alcoholic liquor at the premises was
previously authorized by a package goods liquor license;
(4) the premises are at least 40,000 square feet with
25 parking spaces in the contiguous surface lot to the
north of the store and 93 parking spaces on the roof;
(5) the shortest distance between the lot line of the
parking lot of the premises and the exterior wall of the
church is at least 80 feet;
(6) the distance between the building in which the
church is located and the building in which the premises
are located is at least 180 feet;
(7) the main entrance to the church faces west and is
at least 257 feet from the main entrance of the premises;
and
(8) the applicant is the owner of 10 similar grocery
stores within the City of Chicago and the surrounding area
and has been in business for more than 30 years.
(uu) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is incidental to the
operation of a grocery store;
(3) the premises are located in a building that is
approximately 68,000 square feet with 157 parking spaces on
property that was previously vacant land;
(4) the main entrance to the church faces west and is
at least 500 feet from the entrance of the premises, which
faces north;
(5) the church and the premises are separated by an
alley;
(6) the applicant is the owner of 9 similar grocery
stores in the City of Chicago and the surrounding area and
has been in business for more than 40 years; and
(7) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(vv) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor is primary to the sale
of food;
(3) the premises are located south of the church and on
perpendicular streets and are separated by a driveway;
(4) the primary entrance of the premises is at least
100 feet from the primary entrance of the church;
(5) the shortest distance between any part of the
premises and any part of the church is at least 15 feet;
(6) the premises are less than 100 feet from the church
center, but greater than 100 feet from the area within the
building where church services are held;
(7) the premises are 25,830 square feet and sit on a
lot that is 0.48 acres;
(8) the premises were once designated as a Korean
American Presbyterian Church and were once used as a
Masonic Temple;
(9) the premises were built in 1910;
(10) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license; and
(11) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(vv).
For the purposes of this subsection (vv), "premises" means
a place of business together with a privately owned outdoor
location that is adjacent to the place of business.
(ww) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) the school is located within Sub Area III of City
of Chicago Residential-Business Planned Development Number
523, as amended; and
(2) the premises are located within Sub Area I, Sub
Area II, or Sub Area IV of City of Chicago
Residential-Business Planned Development Number 523, as
amended.
(xx) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of wine or wine-related products is the
exclusive business carried on by the licensee at the
premises;
(2) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart
and are located on different streets;
(3) the building in which the premises are located and
the building in which the church is located are separated
by an alley;
(4) the premises consists of less than 2,000 square
feet of floor area dedicated to the sale of wine or
wine-related products;
(5) the premises are located on the first floor of a
2-story building that is at least 99 years old and has a
residential unit on the second floor; and
(6) the principal religious leader at the church has
indicated his or her support for the issuance or renewal of
the license in writing.
(yy) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are a 27-story hotel containing 191
guest rooms;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises and is
limited to a restaurant located on the first floor of the
hotel;
(3) the hotel is adjacent to the church;
(4) the site is zoned as DX-16;
(5) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(yy); and
(6) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(zz) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the premises are a 15-story hotel containing 143
guest rooms;
(2) the premises are approximately 85,691 square feet;
(3) a restaurant is operated on the premises;
(4) the restaurant is located in the first floor lobby
of the hotel;
(5) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(6) the hotel is located approximately 50 feet from the
church and is separated from the church by a public street
on the ground level and by air space on the upper level,
which is where the public entrances are located;
(7) the site is zoned as DX-16;
(8) the principal religious leader of the church has
delivered a written statement that he or she does not
object to the issuance of a license under this subsection
(zz); and
(9) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(aaa) Notwithstanding any provision in this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school if:
(1) the sale of alcoholic liquor is not the primary
business activity of the grocery store;
(2) the premises are newly constructed on land that was
formerly used by the Young Men's Christian Association;
(3) the grocery store is located within a planned
development that was approved by the municipality in 2007;
(4) the premises are located in a multi-building,
mixed-use complex;
(5) the entrance to the grocery store is located more
than 200 feet from the entrance to the school;
(6) the entrance to the grocery store is located across
the street from the back of the school building, which is
not used for student or public access;
(7) the grocery store executed a binding lease for the
property in 2008;
(8) the premises consist of 2 levels and occupy more
than 80,000 square feet;
(9) the owner and operator of the grocery store
operates at least 10 other grocery stores that have
alcoholic liquor licenses within the same municipality;
and
(10) the director of the school has expressed, in
writing, his or her support for the issuance of the
license.
(bbb) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the premises are located in a single-story building
of primarily brick construction containing at least 6
commercial units constructed before 1940;
(3) the premises are located in a B3-2 zoning district;
(4) the premises are less than 4,000 square feet;
(5) the church established its congregation in 1891 and
completed construction of the church building in 1990;
(6) the premises are located south of the church;
(7) the premises and church are located on the same
street and are separated by a one-way westbound street; and
(8) the principal religious leader of the church has
not indicated his or her opposition to the issuance or
renewal of the license in writing.
(ccc) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor within a full-service grocery store at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church and school if:
(1) as of March 14, 2007, the premises are located in a
City of Chicago Residential-Business Planned Development
No. 1052;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the sale of alcoholic liquor is incidental to the
operation of a grocery store and comprises no more than 10%
of the total in-store sales;
(4) the owner and operator of the grocery store
operates at least 10 other grocery stores that have
alcoholic liquor licenses within the same municipality;
(5) the premises are new construction when the license
is first issued;
(6) the constructed premises are to be no less than
50,000 square feet;
(7) the school is a private church-affiliated school;
(8) the premises and the property containing the church
and church-affiliated school are located on perpendicular
streets and the school and church are adjacent to one
another;
(9) the pastor of the church and school has expressed,
in writing, support for the issuance of the license; and
(10) the alderman of the ward in which the premises are
located has expressed, in writing, his or her support for
the issuance of the license.
(ddd) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or school if:
(1) the business has been issued a license from the
municipality to allow the business to operate a theater on
the premises;
(2) the theater has less than 200 seats;
(3) the premises are approximately 2,700 to 3,100
square feet of space;
(4) the premises are located to the north of the
church;
(5) the primary entrance of the premises and the
primary entrance of any church within 100 feet of the
premises are located either on a different street or across
a right-of-way from the premises;
(6) the primary entrance of the premises and the
primary entrance of any school within 100 feet of the
premises are located either on a different street or across
a right-of-way from the premises;
(7) the premises are located in a building that is at
least 100 years old; and
(8) any church or school located within 100 feet of the
premises has indicated its support for the issuance or
renewal of the license to the premises in writing.
(eee) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church and school if:
(1) the sale of alcoholic liquor is incidental to the
sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the applicant on the premises;
(3) a family-owned restaurant has operated on the
premises since 1957;
(4) the premises occupy the first floor of a 3-story
building that is at least 90 years old;
(5) the distance between the property line of the
premises and the property line of the church is at least 20
feet;
(6) the church was established at its current location
and the present structure was erected before 1900;
(7) the primary entrance of the premises is at least 75
feet from the primary entrance of the church;
(8) the school is affiliated with the church;
(9) the principal religious leader at the place of
worship has indicated his or her support for the issuance
of the license in writing;
(10) the principal of the school has indicated in
writing that he or she is not opposed to the issuance of
the license; and
(11) the alderman of the ward in which the premises are
located has expressed, in writing, his or her lack of an
objection to the issuance of the license.
(fff) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a grocery store;
(3) the premises are a one-story building containing
approximately 10,000 square feet and are rented by the
owners of the grocery store;
(4) the sale of alcoholic liquor at the premises occurs
in a retail area of the grocery store that is approximately
3,500 square feet;
(5) the grocery store has operated at the location
since 1984;
(6) the grocery store is closed on Sundays;
(7) the property on which the premises are located is a
corner lot that is bound by 3 streets and an alley, where
one street is a one-way street that runs north-south, one
street runs east-west, and one street runs
northwest-southeast;
(8) the property line of the premises is approximately
16 feet from the property line of the building where the
church is located;
(9) the premises are separated from the building
containing the church by a public alley;
(10) the primary entrance of the premises and the
primary entrance of the church are at least 100 feet apart;
(11) representatives of the church have delivered a
written statement that the church does not object to the
issuance of a license under this subsection (fff); and
(12) the alderman of the ward in which the grocery
store is located has expressed, in writing, his or her
support for the issuance of the license.
(ggg) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church and school if:
(1) a residential retirement home formerly operated on
the premises and the premises are being converted into a
new apartment living complex containing studio and
one-bedroom apartments with ground floor retail space;
(2) the restaurant and lobby coffee house are located
within a Community Shopping District within the
municipality;
(3) the premises are located in a single-building,
mixed-use complex that, in addition to the restaurant and
lobby coffee house, contains apartment residences, a
fitness center for the residents of the apartment building,
a lobby designed as a social center for the residents, a
rooftop deck, and a patio with a dog run for the exclusive
use of the residents;
(4) the sale of alcoholic liquor is not the primary
business activity of the apartment complex, restaurant, or
lobby coffee house;
(5) the entrance to the apartment residence is more
than 310 feet from the entrance to the school and church;
(6) the entrance to the apartment residence is located
at the end of the block around the corner from the south
side of the school building;
(7) the school is affiliated with the church;
(8) the pastor of the parish, principal of the school,
and the titleholder to the church and school have given
written consent to the issuance of the license;
(9) the alderman of the ward in which the premises are
located has given written consent to the issuance of the
license; and
(10) the neighborhood block club has given written
consent to the issuance of the license.
(hhh) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license to sell alcoholic liquor at premises
located within a municipality with a population in excess of
1,000,000 inhabitants and within 100 feet of a home for
indigent persons or a church if:
(1) a restaurant operates on the premises and has been
in operation since January of 2014;
(2) the sale of alcoholic liquor is incidental to the
sale of food;
(3) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(4) the premises occupy the first floor of a 3-story
building that is at least 100 years old;
(5) the primary entrance to the premises is more than
100 feet from the primary entrance to the home for indigent
persons, which opened in 1989 and is operated to address
homelessness and provide shelter;
(6) the primary entrance to the premises and the
primary entrance to the home for indigent persons are
located on different streets;
(7) the executive director of the home for indigent
persons has given written consent to the issuance of the
license;
(8) the entrance to the premises is located within 100
feet of a Buddhist temple;
(9) the entrance to the premises is more than 100 feet
from where any worship or educational programming is
conducted by the Buddhist temple and is located in an area
used only for other purposes; and
(10) the president and the board of directors of the
Buddhist temple have given written consent to the issuance
of the license.
(iii) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality in excess of
1,000,000 inhabitants and within 100 feet of a home for the
aged if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee on the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the operation of a restaurant;
(3) the premises are on the ground floor of a
multi-floor, university-affiliated housing facility;
(4) the premises occupy 1,916 square feet of space,
with the total square footage from which liquor will be
sold, served, and consumed to be 900 square feet;
(5) the premises are separated from the home for the
aged by an alley;
(6) the primary entrance to the premises and the
primary entrance to the home for the aged are at least 500
feet apart and located on different streets;
(7) representatives of the home for the aged have
expressed, in writing, that the home does not object to the
issuance of a license under this subsection; and
(8) the alderman of the ward in which the restaurant is
located has expressed, in writing, his or her support for
the issuance of the license.
(jjj) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a school if:
(1) as of January 1, 2016, the premises were used for
the sale of alcoholic liquor for consumption on the
premises and were authorized to do so pursuant to a retail
tavern license held by an individual as the sole proprietor
of the premises;
(2) the primary entrance to the school and the primary
entrance to the premises are on the same street;
(3) the school was founded in 1949;
(4) the building in which the premises are situated was
constructed before 1930;
(5) the building in which the premises are situated is
immediately across the street from the school; and
(6) the school has not indicated its opposition to the
issuance or renewal of the license in writing.
(kkk) (Blank).
(lll) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a synagogue or school if:
(1) the sale of alcoholic liquor at the premises is
incidental to the sale of food;
(2) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(3) the premises are located on the same street on
which the synagogue or school is located;
(4) the primary entrance to the premises and the
closest entrance to the synagogue or school is at least 100
feet apart;
(5) the shortest distance between the premises and the
synagogue or school is at least 65 feet apart and no
greater than 70 feet apart;
(6) the premises are between 1,800 and 2,000 square
feet;
(7) the synagogue was founded in 1861; and
(8) the leader of the synagogue has indicated, in
writing, the synagogue's support for the issuance or
renewal of the license.
(mmm) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a church if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food in a restaurant;
(3) the restaurant has been run by the same family for
at least 19 consecutive years;
(4) the premises are located in a 3-story building in
the most easterly part of the first floor;
(5) the building in which the premises are located has
residential housing on the second and third floors;
(6) the primary entrance to the premises is on a
north-south street around the corner and across an alley
from the primary entrance to the church, which is on an
east-west street;
(7) the primary entrance to the church and the primary
entrance to the premises are more than 160 feet apart; and
(8) the church has expressed, in writing, its support
for the issuance of a license under this subsection.
(nnn) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of licenses authorizing the sale of alcoholic liquor
within a restaurant or lobby coffee house at premises located
within a municipality with a population in excess of 1,000,000
inhabitants and within 100 feet of a school and church or
synagogue if:
(1) the sale of alcoholic liquor is not the principal
business carried on by the licensee at the premises;
(2) the sale of alcoholic liquor at the premises is
incidental to the sale of food in a restaurant;
(3) the front door of the synagogue faces east on the
next north-south street east of and parallel to the
north-south street on which the restaurant is located where
the restaurant's front door faces west;
(4) the closest exterior pedestrian entrance that
leads to the school or the synagogue is across an east-west
street and at least 300 feet from the primary entrance to
the restaurant;
(5) the nearest church-related or school-related
building is a community center building;
(6) the restaurant is on the ground floor of a 3-story
building constructed in 1896 with a brick façade;
(7) the restaurant shares the ground floor with a
theater, and the second and third floors of the building in
which the restaurant is located consists of residential
housing;
(8) the leader of the synagogue and school has
expressed, in writing, that the synagogue does not object
to the issuance of a license under this subsection; and
(9) the alderman of the ward in which the premises is
located has expressed, in writing, his or her support for
the issuance of the license.
(ooo) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 2,000 but less than 5,000 inhabitants
in a county with a population in excess of 3,000,000 and within
100 feet of a home for the aged if:
(1) as of March 1, 2016, the premises were used to sell
alcohol pursuant to a retail tavern and packaged goods
license issued by the municipality and held by a limited
liability company as the proprietor of the premises;
(2) the home for the aged was completed in 2015;
(3) the home for the aged is a 5-story structure;
(4) the building in which the premises are situated is
directly adjacent to the home for the aged;
(5) the building in which the premises are situated was
constructed before 1950;
(6) the home for the aged has not indicated its
opposition to the issuance or renewal of the license; and
(7) the president of the municipality has expressed in
writing that he or she does not object to the issuance or
renewal of the license.
(ppp) Notwithstanding any provision of this Section to the
contrary, nothing in this Section shall prohibit the issuance
or renewal of a license authorizing the sale of alcoholic
liquor at premises located within a municipality with a
population in excess of 1,000,000 inhabitants and within 100
feet of a church or churches if:
(1) the shortest distance between the premises and a
church is at least 78 feet apart and no greater than 95
feet apart;
(2) the premises are a single-story, brick commercial
building and at least 5,067 square feet and were
constructed in 1922;
(3) the premises are located in a B3-2 zoning district;
(4) the premises are separated from the buildings
containing the churches by a street;
(5) the previous owners of the business located on the
premises held a liquor license for at least 10 years;
(6) the new owner of the business located on the
premises has managed 2 other food and liquor stores since
1997;
(7) the principal religious leaders at the places of
worship have indicated their support for the issuance or
renewal of the license in writing; and
(8) the alderman of the ward in which the premises are
located has indicated his or her support for the issuance
or renewal of the license in writing.
(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13;
98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff.
8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff.
7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; 99-558,
eff. 7-15-16; 99-642, eff. 7-28-16; revised 10-27-16.)
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or delivered
in any building belonging to or under the control of the State
or any political subdivision thereof except as provided in this
Act. The corporate authorities of any city, village,
incorporated town, township, or county may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging to
or under the control of the municipality, township, or county,
or in any building located on land under the control of the
municipality, township, or county; provided that such township
or county complies with all applicable local ordinances in any
incorporated area of the township or county. Alcoholic liquor
may be delivered to and sold under the authority of a special
use permit on any property owned by a conservation district
organized under the Conservation District Act, provided that
(i) the alcoholic liquor is sold only at an event authorized by
the governing board of the conservation district, (ii) the
issuance of the special use permit is authorized by the local
liquor control commissioner of the territory in which the
property is located, and (iii) the special use permit
authorizes the sale of alcoholic liquor for one day or less.
Alcoholic liquors may be delivered to and sold at any airport
belonging to or under the control of a municipality of more
than 25,000 inhabitants, or in any building or on any golf
course owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course owned
by a forest preserve district organized under the Downstate
Forest Preserve District Act, subject to the approval of the
governing board of the district, or on the grounds within 500
feet of any building owned by a forest preserve district
organized under the Downstate Forest Preserve District Act
during times when food is dispensed for consumption within 500
feet of the building from which the food is dispensed, subject
to the approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized under
the Local Mass Transit District Act, subject to the approval of
the governing Board of the District, or in Bicentennial Park,
or on the premises of the City of Mendota Lake Park located
adjacent to Route 51 in Mendota, Illinois, or on the premises
of Camden Park in Milan, Illinois, or in the community center
owned by the City of Loves Park that is located at 1000 River
Park Drive in Loves Park, Illinois, or, in connection with the
operation of an established food serving facility during times
when food is dispensed for consumption on the premises, and at
the following aquarium and museums located in public parks: Art
Institute of Chicago, Chicago Academy of Sciences, Chicago
Historical Society, Field Museum of Natural History, Museum of
Science and Industry, DuSable Museum of African American
History, John G. Shedd Aquarium and Adler Planetarium, or at
Lakeview Museum of Arts and Sciences in Peoria, or in
connection with the operation of the facilities of the Chicago
Zoological Society or the Chicago Horticultural Society on land
owned by the Forest Preserve District of Cook County, or on any
land used for a golf course or for recreational purposes owned
by the Forest Preserve District of Cook County, subject to the
control of the Forest Preserve District Board of Commissioners
and applicable local law, provided that dram shop liability
insurance is provided at maximum coverage limits so as to hold
the District harmless from all financial loss, damage, and
harm, or in any building located on land owned by the Chicago
Park District if approved by the Park District Commissioners,
or on any land used for a golf course or for recreational
purposes and owned by the Illinois International Port District
if approved by the District's governing board, or at any
airport, golf course, faculty center, or facility in which
conference and convention type activities take place belonging
to or under control of any State university or public community
college district, provided that with respect to a facility for
conference and convention type activities alcoholic liquors
shall be limited to the use of the convention or conference
participants or participants in cultural, political or
educational activities held in such facilities, and provided
further that the faculty or staff of the State university or a
public community college district, or members of an
organization of students, alumni, faculty or staff of the State
university or a public community college district are active
participants in the conference or convention, or in Memorial
Stadium on the campus of the University of Illinois at
Urbana-Champaign during games in which the Chicago Bears
professional football team is playing in that stadium during
the renovation of Soldier Field, not more than one and a half
hours before the start of the game and not after the end of the
third quarter of the game, or in the Pavilion Facility on the
campus of the University of Illinois at Chicago during games in
which the Chicago Storm professional soccer team is playing in
that facility, not more than one and a half hours before the
start of the game and not after the end of the third quarter of
the game, or in the Pavilion Facility on the campus of the
University of Illinois at Chicago during games in which the
WNBA professional women's basketball team is playing in that
facility, not more than one and a half hours before the start
of the game and not after the 10-minute mark of the second half
of the game, or by a catering establishment which has rented
facilities from a board of trustees of a public community
college district, or in a restaurant that is operated by a
commercial tenant in the North Campus Parking Deck building
that (1) is located at 1201 West University Avenue, Urbana,
Illinois and (2) is owned by the Board of Trustees of the
University of Illinois, or, if approved by the District board,
on land owned by the Metropolitan Sanitary District of Greater
Chicago and leased to others for a term of at least 20 years.
Nothing in this Section precludes the sale or delivery of
alcoholic liquor in the form of original packaged goods in
premises located at 500 S. Racine in Chicago belonging to the
University of Illinois and used primarily as a grocery store by
a commercial tenant during the term of a lease that predates
the University's acquisition of the premises; but the
University shall have no power or authority to renew, transfer,
or extend the lease with terms allowing the sale of alcoholic
liquor; and the sale of alcoholic liquor shall be subject to
all local laws and regulations. After the acquisition by
Winnebago County of the property located at 404 Elm Street in
Rockford, a commercial tenant who sold alcoholic liquor at
retail on a portion of the property under a valid license at
the time of the acquisition may continue to do so for so long
as the tenant and the County may agree under existing or future
leases, subject to all local laws and regulations regarding the
sale of alcoholic liquor. Alcoholic liquors may be delivered to
and sold at Memorial Hall, located at 211 North Main Street,
Rockford, under conditions approved by Winnebago County and
subject to all local laws and regulations regarding the sale of
alcoholic liquor. Each facility shall provide dram shop
liability in maximum insurance coverage limits so as to save
harmless the State, municipality, State university, airport,
golf course, faculty center, facility in which conference and
convention type activities take place, park district, Forest
Preserve District, public community college district,
aquarium, museum, or sanitary district from all financial loss,
damage or harm. Alcoholic liquors may be sold at retail in
buildings of golf courses owned by municipalities or Illinois
State University in connection with the operation of an
established food serving facility during times when food is
dispensed for consumption upon the premises. Alcoholic liquors
may be delivered to and sold at retail in any building owned by
a fire protection district organized under the Fire Protection
District Act, provided that such delivery and sale is approved
by the board of trustees of the district, and provided further
that such delivery and sale is limited to fundraising events
and to a maximum of 6 events per year. However, the limitation
to fundraising events and to a maximum of 6 events per year
does not apply to the delivery, sale, or manufacture of
alcoholic liquors at the building located at 59 Main Street in
Oswego, Illinois, owned by the Oswego Fire Protection District
if the alcoholic liquor is sold or dispensed as approved by the
Oswego Fire Protection District and the property is no longer
being utilized for fire protection purposes.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of the University of
Illinois for events that the Board may determine are public
events and not related student activities. The Board of
Trustees shall issue a written policy within 6 months of August
15, 2008 (the effective date of Public Act 95-847) this
amendatory Act of the 95th General Assembly concerning the
types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, updated,
new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall,
among other factors it considers relevant and important, give
consideration to the following: (i) whether the event is a
student activity or student related activity; (ii) whether the
physical setting of the event is conducive to control of liquor
sales and distribution; (iii) the ability of the event operator
to ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) regarding the anticipated
attendees at the event, the relative proportion of individuals
under the age of 21 to individuals age 21 or older; (v) the
ability of the venue operator to prevent the sale or
distribution of alcoholic liquors to individuals under the age
of 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue. In addition, any policy
submitted by the Board of Trustees to the Illinois Liquor
Control Commission must require that any event at which
alcoholic liquors are served or sold in buildings under the
control of the Board of Trustees shall require the prior
written approval of the Office of the Chancellor for the
University campus where the event is located. The Board of
Trustees shall submit its policy, and any subsequently revised,
updated, new, or amended policies, to the Illinois Liquor
Control Commission, and any University event, or location for
an event, exempted under such policies shall apply for a
license under the applicable Sections of this Act.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Northern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
June 28, 2011 (the effective date of Public Act 97-45)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue revised,
updated, new, or amended policies as it deems necessary and
appropriate. In preparing its written policy, the Board of
Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) the anticipated attendees at the event and the
relative proportion of individuals under the age of 21 to
individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Chicago State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 2, 2013 (the effective date of Public Act 98-132)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue revised,
updated, new, or amended policies as it deems necessary and
appropriate. In preparing its written policy, the Board of
Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) the anticipated attendees at the event and the
relative proportion of individuals under the age of 21 to
individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Illinois State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
March 1, 2013 (the effective date of Public Act 97-1166) this
amendatory Act of the 97th General Assembly concerning the
types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, updated,
new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall,
in addition to other factors it considers relevant and
important, give consideration to the following: (i) whether the
event is a student activity or student-related activity; (ii)
whether the physical setting of the event is conducive to
control of liquor sales and distribution; (iii) the ability of
the event operator to ensure that the sale or serving of
alcoholic liquors and the demeanor of the participants are in
accordance with State law and University policies; (iv) the
anticipated attendees at the event and the relative proportion
of individuals under the age of 21 to individuals age 21 or
older; (v) the ability of the venue operator to prevent the
sale or distribution of alcoholic liquors to individuals under
the age of 21; (vi) whether the event prohibits participants
from removing alcoholic beverages from the venue; and (vii)
whether the event prohibits participants from providing their
own alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Southern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 12, 2016 (the effective date of Public Act 99-795) this
amendatory Act of the 99th General Assembly concerning the
types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, updated,
new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall,
in addition to other factors it considers relevant and
important, give consideration to the following: (i) whether the
event is a student activity or student-related activity; (ii)
whether the physical setting of the event is conducive to
control of liquor sales and distribution; (iii) the ability of
the event operator to ensure that the sale or serving of
alcoholic liquors and the demeanor of the participants are in
accordance with State law and University policies; (iv) the
anticipated attendees at the event and the relative proportion
of individuals under the age of 21 to individuals age 21 or
older; (v) the ability of the venue operator to prevent the
sale or distribution of alcoholic liquors to individuals under
the age of 21; (vi) whether the event prohibits participants
from removing alcoholic beverages from the venue; and (vii)
whether the event prohibits participants from providing their
own alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of a public university for
events that the Board of Trustees of that public university may
determine are public events and not student-related
activities. If the Board of Trustees of a public university has
not issued a written policy pursuant to an exemption under this
Section on or before July 15, 2016 (the effective date of
Public Act 99-550) this amendatory Act of the 99th General
Assembly, then that Board of Trustees shall issue a written
policy within 6 months after July 15, 2016 (the effective date
of Public Act 99-550) this amendatory Act of the 99th General
Assembly concerning the types of events that would be eligible
for an exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy, the
Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to ensure
that the sale or serving of alcoholic liquors and the demeanor
of the participants are in accordance with State law and
University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue. As used in this paragraph, "public university" means the
University of Illinois, Illinois State University, Chicago
State University, Governors State University, Southern
Illinois University, Northern Illinois University, Eastern
Illinois University, Western Illinois University, and
Northeastern Illinois University.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of a community college
district for events that the Board of Trustees of that
community college district may determine are public events and
not student-related activities. The Board of Trustees shall
issue a written policy within 6 months after July 15, 2016 (the
effective date of Public Act 99-550) this amendatory Act of the
99th General Assembly concerning the types of events that would
be eligible for an exemption. Thereafter, the Board of Trustees
may issue revised, updated, new, or amended policies as it
deems necessary and appropriate. In preparing its written
policy, the Board of Trustees shall, in addition to other
factors it considers relevant and important, give
consideration to the following: (i) whether the event is a
student activity or student-related activity; (ii) whether the
physical setting of the event is conducive to control of liquor
sales and distribution; (iii) the ability of the event operator
to ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and community college district policies; (iv) the anticipated
attendees at the event and the relative proportion of
individuals under the age of 21 to individuals age 21 or older;
(v) the ability of the venue operator to prevent the sale or
distribution of alcoholic liquors to individuals under the age
of 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue. This paragraph does not apply
to any community college district authorized to sell or serve
alcoholic liquor under any other provision of this Section.
Alcoholic liquor may be delivered to and sold at retail in
the Dorchester Senior Business Center owned by the Village of
Dolton if the alcoholic liquor is sold or dispensed only in
connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or facility
selling or dispensing the alcoholic liquor has provided dram
shop liability insurance in maximum limits so as to hold
harmless the Village of Dolton and the State from all financial
loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail in
any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to save harmless the facility and the
State from all financial loss, damage or harm.
Alcoholic liquors may be delivered to and sold at retail in
the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to hold harmless the Civic Center, the
City of Chicago and the State from all financial loss,
damage or harm; and
(v) all applicable local ordinances are complied with.
Alcoholic liquors may be delivered or sold in any building
belonging to or under the control of any city, village or
incorporated town where more than 75% of the physical
properties of the building is used for commercial or
recreational purposes, and the building is located upon a pier
extending into or over the waters of a navigable lake or stream
or on the shore of a navigable lake or stream. In accordance
with a license issued under this Act, alcoholic liquor may be
sold, served, or delivered in buildings and facilities under
the control of the Department of Natural Resources during
events or activities lasting no more than 7 continuous days
upon the written approval of the Director of Natural Resources
acting as the controlling government authority. The Director of
Natural Resources may specify conditions on that approval,
including but not limited to requirements for insurance and
hours of operation. Notwithstanding any other provision of this
Act, alcoholic liquor sold by a United States Army Corps of
Engineers or Department of Natural Resources concessionaire
who was operating on June 1, 1991 for on-premises consumption
only is not subject to the provisions of Articles IV and IX.
Beer and wine may be sold on the premises of the Joliet Park
District Stadium owned by the Joliet Park District when written
consent to the issuance of a license to sell beer and wine in
such premises is filed with the local liquor commissioner by
the Joliet Park District. Beer and wine may be sold in
buildings on the grounds of State veterans' homes when written
consent to the issuance of a license to sell beer and wine in
such buildings is filed with the Commission by the Department
of Veterans' Affairs, and the facility shall provide dram shop
liability in maximum insurance coverage limits so as to save
the facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property owned
or held under lease by a Metropolitan Pier and Exposition
Authority or Metropolitan Exposition and Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the Forest
Preserve District of Kane County, subject to the control of the
District Commissioners and applicable local law, provided that
dram shop liability insurance is provided at maximum coverage
limits so as to hold the District harmless from all financial
loss, damage and harm.
Nothing in this Section shall preclude the sale or delivery
of beer and wine at a State or county fair or the sale or
delivery of beer or wine at a city fair in any otherwise lawful
manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities with
some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. (blank), and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act, alcoholic
liquor sold by the State park or restaurant concessionaire
is not subject to the provisions of Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Sites and
Preservation Division of the Historic Preservation Agency or
the Abraham Lincoln Presidential Library and Museum provided:
a. the property has overnight lodging facilities with
some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with the
commission by the Historic Sites and Preservation Division
of the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section does
not authorize the establishment and operation of facilities
commonly called taverns, saloons, bars, cocktail lounges, and
the like except as a part of lodge and restaurant facilities in
State parks or golf courses owned by Forest Preserve Districts
with a population of less than 3,000,000 or municipalities or
park districts.
Alcoholic liquors may be sold at retail in the Springfield
Administration Building of the Department of Transportation
and the Illinois State Armory in Springfield; provided, that
the controlling government authority may consent to such sales
only if
a. the request is from a not-for-profit organization;
b. such sales would not impede normal operations of the
departments involved;
c. the not-for-profit organization provides dram shop
liability in maximum insurance coverage limits and agrees
to defend, save harmless and indemnify the State of
Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic liquors
on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21 or
5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed to
practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at the
Willard Ice Building in Springfield, at the State Library in
Springfield, and at Illinois State Museum facilities by (1) an
agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the Department
of Revenue. The controlling government authority for Illinois
State Museum facilities shall be the Director of the Illinois
State Museum. The controlling government authority for the
State Library in Springfield shall be the Secretary of State.
Alcoholic liquors may be delivered to and sold at retail or
dispensed at any facility, property or building under the
jurisdiction of the Historic Sites and Preservation Division of
the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum where the delivery, sale or
dispensing is by (1) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense alcoholic
liquors from a controlling government authority, or by (2) an
individual or organization provided that such individual or
organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal workings of State offices or
operations located at the facility, property or building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the individual or
organization in the facility, property or building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
The controlling government authority for the Historic
Sites and Preservation Division of the Historic Preservation
Agency shall be the Director of the Historic Sites and
Preservation, and the controlling government authority for the
Abraham Lincoln Presidential Library and Museum shall be the
Director of the Abraham Lincoln Presidential Library and
Museum.
Alcoholic liquors may be delivered to and sold at retail or
dispensed for consumption at the Michael Bilandic Building at
160 North LaSalle Street, Chicago IL 60601, after the normal
business hours of any day care or child care facility located
in the building, by (1) a commercial tenant or subtenant
conducting business on the premises under a lease made pursuant
to Section 405-315 of the Department of Central Management
Services Law (20 ILCS 405/405-315), provided that such tenant
or subtenant who accepts delivery of, sells, or dispenses
alcoholic liquors shall procure and maintain dram shop
liability insurance in maximum coverage limits and in which the
carrier agrees to defend, indemnify, and save harmless the
State of Illinois from all financial loss, damage, or harm
arising out of the delivery, sale, or dispensing of alcoholic
liquors, or by (2) an agency of the State, whether legislative,
judicial, or executive, provided that such agency first obtains
written permission to accept delivery of and sell or dispense
alcoholic liquors from the Director of Central Management
Services, or by (3) a not-for-profit organization, provided
that such organization:
a. obtains written consent from the Department of
Central Management Services;
b. accepts delivery of and sells or dispenses the
alcoholic liquors in a manner that does not impair normal
operations of State offices located in the building;
c. accepts delivery of and sells or dispenses alcoholic
liquors only in connection with an official activity in the
building; and
d. provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless, and
indemnify the State of Illinois from all financial loss,
damage, or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
Alcoholic liquors may be sold at retail or dispensed at the
James R. Thompson Center in Chicago, subject to the provisions
of Section 7.4 of the State Property Control Act, and 222 South
College Street in Springfield, Illinois by (1) a commercial
tenant or subtenant conducting business on the premises under a
lease or sublease made pursuant to Section 405-315 of the
Department of Central Management Services Law (20 ILCS
405/405-315), provided that such tenant or subtenant who sells
or dispenses alcoholic liquors shall procure and maintain dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, indemnify and save harmless
the State of Illinois from all financial loss, damage or harm
arising out of the sale or dispensing of alcoholic liquors, or
by (2) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
Director of Central Management Services, or by (3) a
not-for-profit organization, provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
Alcoholic liquors may be sold or delivered at any facility
owned by the Illinois Sports Facilities Authority provided that
dram shop liability insurance has been made available in a
form, with such coverage and in such amounts as the Authority
reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at the
Rockford State Office Building by (1) an agency of the State,
whether legislative, judicial or executive, provided that such
agency first obtains written permission to sell or dispense
alcoholic liquors from the Department of Central Management
Services, or by (2) a not-for-profit organization, provided
that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Department of
Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not prohibit
that sale or delivery, notwithstanding any other provision of
this Section. The regulation of the sale and delivery of
alcoholic liquor in a building that is owned by McLean County,
situated on land owned by the county, and used by the McLean
County Historical Society as provided in this paragraph is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of the power of a home rule municipality
to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any building
situated on land held in trust for any school district
organized under Article 34 of the School Code, if the building
is not used for school purposes and if the sale or delivery is
approved by the board of education.
Alcoholic liquors may be delivered to and sold at retail in
any building owned by a public library district, provided that
the delivery and sale is approved by the board of trustees of
that public library district and is limited to library
fundraising events or programs of a cultural or educational
nature. Before the board of trustees of a public library
district may approve the delivery and sale of alcoholic
liquors, the board of trustees of the public library district
must have a written policy that has been approved by the board
of trustees of the public library district governing when and
under what circumstances alcoholic liquors may be delivered to
and sold at retail on property owned by that public library
district. The written policy must (i) provide that no alcoholic
liquor may be sold, distributed, or consumed in any area of the
library accessible to the general public during the event or
program, (ii) prohibit the removal of alcoholic liquor from the
venue during the event, and (iii) require that steps be taken
to prevent the sale or distribution of alcoholic liquor to
persons under the age of 21. Any public library district that
has alcoholic liquor delivered to or sold at retail on property
owned by the public library district shall provide dram shop
liability insurance in maximum insurance coverage limits so as
to save harmless the public library districts from all
financial loss, damage, or harm.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the building
located at 1200 Centerville Avenue in Belleville, Illinois and
occupied by either the Belleville Area Special Education
District or the Belleville Area Special Services Cooperative.
Alcoholic liquors may be delivered to and sold at the Louis
Joliet Renaissance Center, City Center Campus, located at 214
N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
Department facilities, Main Campus, located at 1215 Houbolt
Road, Joliet, owned by or under the control of Joliet Junior
College, Illinois Community College District No. 525.
Alcoholic liquors may be delivered to and sold at Triton
College, Illinois Community College District No. 504.
Alcoholic liquors may be delivered to and sold at the
College of DuPage, Illinois Community College District No. 502.
Alcoholic liquors may be delivered to and sold on any
property owned, operated, or controlled by Lewis and Clark
Community College, Illinois Community College District No.
536.
Alcoholic liquors may be delivered to and sold at the
building located at 446 East Hickory Avenue in Apple River,
Illinois, owned by the Apple River Fire Protection District,
and occupied by the Apple River Community Association if the
alcoholic liquor is sold or dispensed only in connection with
organized functions approved by the Apple River Community
Association for which the planned attendance is 20 or more
persons and if the person or facility selling or dispensing the
alcoholic liquor has provided dram shop liability insurance in
maximum limits so as to hold harmless the Apple River Fire
Protection District, the Village of Apple River, and the Apple
River Community Association from all financial loss, damage,
and harm.
Alcoholic liquors may be delivered to and sold at the Sikia
Restaurant, Kennedy King College Campus, located at 740 West
63rd Street, Chicago, and at the Food Services in the Great
Hall/Washburne Culinary Institute Department facility, Kennedy
King College Campus, located at 740 West 63rd Street, Chicago,
owned by or under the control of City Colleges of Chicago,
Illinois Community College District No. 508.
(Source: P.A. 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692,
eff. 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14;
99-78, eff. 7-20-15; 99-484, eff. 10-30-15; 99-550, eff.
7-15-16; 99-559, eff. 7-15-16; 99-795, eff. 8-12-16; revised
9-16-16.)
(235 ILCS 5/6-28.5)
Sec. 6-28.5. Permitted happy hours and meal packages, party
packages, and entertainment packages.
(a) As used in this Section:
"Dedicated event space" means a room or rooms or other
clearly delineated space within a retail licensee's premises
that is reserved for the exclusive use of party package
invitees during the entirety of a party package. Furniture,
stanchions and ropes, or other room dividers may be used to
clearly delineate a dedicated event space.
"Meal package" means a food and beverage package, which may
or may not include entertainment, where the service of
alcoholic liquor is an accompaniment to the food, including,
but not limited to, a meal, tour, tasting, or any combination
thereof for a fixed price by a retail licensee or any other
licensee operating within a sports facility, restaurant,
winery, brewery, or distillery.
"Party package" means a private party, function, or event
for a specific social or business occasion, either arranged by
invitation or reservation for a defined number of individuals,
that is not open to the general public and where attendees are
served both food and alcohol for a fixed price in a dedicated
event space.
(b) A retail licensee may:
(1) offer free food or entertainment at any time;
(2) include drinks of alcoholic liquor as part of a
meal package;
(3) sell or offer for sale a party package only if the
retail licensee:
(A) offers food in the dedicated event space;
(B) limits the party package to no more than 3
hours;
(C) distributes wristbands, lanyards, shirts, or
any other such wearable items to identify party package
attendees so the attendees may be granted access to the
dedicated event space; and
(D) excludes individuals not participating in the
party package from the dedicated event space;
(4) include drinks of alcoholic liquor as part of a
hotel package;
(5) negotiate drinks of alcoholic liquor as part of a
hotel package;
(6) provide room service to persons renting rooms at a
hotel;
(7) sell pitchers (or the equivalent, including, but
not limited to, buckets of bottled beer), carafes, or
bottles of alcoholic liquor which are customarily sold in
such manner, or sell bottles of spirits;
(8) advertise events permitted under this Section;
(9) include drinks of alcoholic liquor as part of an
entertainment package where the licensee is separately
licensed by a municipal ordinance that (A) restricts dates
of operation to dates during which there is an event at an
adjacent stadium, (B) restricts hours of serving alcoholic
liquor to 2 hours before the event and one hour after the
event, (C) restricts alcoholic liquor sales to beer and
wine, (D) requires tickets for admission to the
establishment, and (E) prohibits sale of admission tickets
on the day of an event and permits the sale of admission
tickets for single events only; and
(10) discount any drink of alcoholic liquor during a
specified time period only if:
(A) the price of the drink of alcoholic liquor is
not changed during the time that it is discounted;
(B) the period of time during which any drink of
alcoholic liquor is discounted does not exceed 4 hours
per day and 15 hours per week; however, this period of
time is not required to be consecutive and may be
divided by the licensee in any manner;
(C) the drink of alcoholic liquor is not discounted
between the hours of 10:00 p.m. and the licensed
premises' closing hour; and
(D) notice of the discount of the drink of
alcoholic liquor during a specified time is posted on
the licensed premises or on the licensee's publicly
available website at least 7 days prior to the
specified time.
(c) (b) A violation of this Section shall be grounds for
suspension or revocation of the retailer's license as provided
by this Act. The State Commission may not enforce any trade
practice policy or other rule that was not adopted in
accordance with the Illinois Administrative Procedure Act.
(d) (c) All licensees affected by this Section must also
comply with Sections 6-16, 6-21, and 6-27.1 of this Act.
(Source: P.A. 99-46, eff. 7-15-15; revised 9-13-16.)
Section 575. The Illinois Public Aid Code is amended by
changing Sections 4-1.7, 5-5, 5-30.1, 10-15.1, 10-17.3,
10-17.14, 10-24.50, 11-9, 12-4.42, 16-2, and 16-5 and by
setting forth and renumbering multiple versions of Section
5-30.3 as follows:
(305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
Sec. 4-1.7. Enforcement of Parental Child Support
Obligation. If the parent or parents of the child are failing
to meet or are delinquent in their legal obligation to support
the child, the parent or other person having custody of the
child or the Department of Healthcare and Family Services may
request the law enforcement officer authorized or directed by
law to so act to file an action for the enforcement of such
remedies as the law provides for the fulfillment of the child
support obligation.
If a parent has a judicial remedy against the other parent
to compel child support, or if, as the result of an action
initiated by or in behalf of one parent against the other, a
child support order has been entered in respect to which there
is noncompliance or delinquency, or where the order so entered
may be changed upon petition to the court to provide additional
support, the parent or other person having custody of the child
or the Department of Healthcare and Family Services may request
the appropriate law enforcement officer to seek enforcement of
the remedy, or of the support order, or a change therein to
provide additional support. If the law enforcement officer is
not authorized by law to so act in these instances, the parent,
or if so authorized by law the other person having custody of
the child, or the Department of Healthcare and Family Services
may initiate an action to enforce these remedies.
A parent or other person having custody of the child must
comply with the requirements of Title IV of the federal Social
Security Act, and the regulations duly promulgated thereunder,
and any rules promulgated by the Illinois Department regarding
enforcement of the child support obligation. The Department of
Healthcare and Family Services and the Department of Human
Services may provide by rule for the grant or continuation of
aid to the person for a temporary period if he or she accepts
counseling or other services designed to increase his or her
motivation to seek enforcement of the child support obligation.
In addition to any other definition of failure or refusal
to comply with the requirements of Title IV of the federal
Social Security Act, or Illinois Department rule, in the case
of failure to attend court hearings, the parent or other person
can show cooperation by attending a court hearing or, if a
court hearing cannot be scheduled within 14 days following the
court hearing that was missed, by signing a statement that the
parent or other person is now willing to cooperate in the child
support enforcement process and will appear at any later
scheduled court date. The parent or other person can show
cooperation by signing such a statement only once. If failure
to attend the court hearing or other failure to cooperate
results in the case being dismissed, such a statement may be
signed after 2 months.
No denial or termination of medical assistance pursuant to
this Section shall commence during pregnancy of the parent or
other person having custody of the child or for 30 days after
the termination of such pregnancy. The termination of medical
assistance may commence thereafter if the Department of
Healthcare and Family Services determines that the failure or
refusal to comply with this Section persists. Postponement of
denial or termination of medical assistance during pregnancy
under this paragraph shall be effective only to the extent it
does not conflict with federal law or regulation.
Any evidence a parent or other person having custody of the
child gives in order to comply with the requirements of this
Section shall not render him or her liable to prosecution under
Section 11-35 or 11-40 of the Criminal Code of 2012.
When so requested, the Department of Healthcare and Family
Services and the Department of Human Services shall provide
such services and assistance as the law enforcement officer may
require in connection with the filing of any action hereunder.
The Department of Healthcare and Family Services and the
Department of Human Services, as an expense of administration,
may also provide applicants for and recipients of aid with such
services and assistance, including assumption of the
reasonable costs of prosecuting any action or proceeding, as
may be necessary to enable them to enforce the child support
liability required hereunder.
Nothing in this Section shall be construed as a requirement
that an applicant or recipient file an action for dissolution
of marriage against his or her spouse.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
revised 9-12-16.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State, but not including abortions, or induced
miscarriages or premature births, unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician
has been found guilty of performing an abortion procedure in a
wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured under
this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare and
Family Services may provide the following services to persons
eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical assistance
program. A not-for-profit health clinic shall include a public
health clinic or Federally Qualified Health Center or other
enrolled provider, as determined by the Department, through
which dental services covered under this Section are performed.
The Department shall establish a process for payment of claims
for reimbursement for covered dental services rendered under
this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
(E) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography and includes breast
tomosynthesis. As used in this Section, the term "breast
tomosynthesis" means a radiologic procedure that involves the
acquisition of projection images over the stationary breast to
produce cross-sectional digital three-dimensional images of
the breast. If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in the
Federal Register or publishes a comment in the Federal Register
or issues an opinion, guidance, or other action that would
require the State, pursuant to any provision of the Patient
Protection and Affordable Care Act (Public Law 111-148),
including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
successor provision, to defray the cost of any coverage for
breast tomosynthesis outlined in this paragraph, then the
requirement that an insurer cover breast tomosynthesis is
inoperative other than any such coverage authorized under
Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
the State shall not assume any obligation for the cost of
coverage for breast tomosynthesis set forth in this paragraph.
On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department
include access to at least one breast imaging Center of Imaging
Excellence as certified by the American College of Radiology.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall be
reimbursed for screening and diagnostic mammography at the same
rate as the Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards for mammography.
On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved
by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare
program's rates for the data elements included in the breast
cancer treatment quality program.
The Department shall convene an expert panel, including
representatives of hospitals, free standing breast cancer
treatment centers, breast cancer quality organizations, and
doctors, including breast surgeons, reconstructive breast
surgeons, oncologists, and primary care providers to establish
quality standards for breast cancer treatment.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall work with experts in breast cancer
outreach and patient navigation to optimize these reminders and
shall establish a methodology for evaluating their
effectiveness and modifying the methodology based on the
evaluation.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. On or after July 1,
2016, the pilot program shall be expanded to include one site
in western Illinois, one site in southern Illinois, one site in
central Illinois, and 4 sites within metropolitan Chicago. An
evaluation of the pilot program shall be carried out measuring
health outcomes and cost of care for those served by the pilot
program compared to similarly situated patients who are not
served by the pilot program.
The Department shall require all networks of care to
develop a means either internally or by contract with experts
in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The
Department shall require all networks of care to include access
for patients diagnosed with cancer to at least one academic
commission on cancer-accredited cancer program as an
in-network covered benefit.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of drug abuse or is addicted as
defined in the Alcoholism and Other Drug Abuse and Dependency
Act, referral to a local substance abuse treatment provider
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. Such records must be retained for a period of not
less than 6 years from the date of service or as provided by
applicable State law, whichever period is longer, except that
if an audit is initiated within the required retention period
then the records must be retained until the audit is completed
and every exception is resolved. The Illinois Department shall
require health care providers to make available, when
authorized by the patient, in writing, the medical records in a
timely fashion to other health care providers who are treating
or serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be required
to maintain and retain business and professional records
sufficient to fully and accurately document the nature, scope,
details and receipt of the health care provided to persons
eligible for medical assistance under this Code, in accordance
with regulations promulgated by the Illinois Department. The
rules and regulations shall require that proof of the receipt
of prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after September 16, 1984 (the
effective date of Public Act 83-1439), the Illinois Department
shall establish a current list of acquisition costs for all
prosthetic devices and any other items recognized as medical
equipment and supplies reimbursable under this Article and
shall update such list on a quarterly basis, except that the
acquisition costs of all prescription drugs shall be updated no
less frequently than every 30 days as required by Section
5-5.12.
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for
abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after July 22, 2013 (the
effective date of Public Act 98-104), establish procedures to
permit skilled care facilities licensed under the Nursing Home
Care Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall, by July 1, 2016, test the viability of the
new system and implement any necessary operational or
structural changes to its information technology platforms in
order to allow for the direct acceptance and payment of nursing
home claims.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after August 15, 2014 (the
effective date of Public Act 98-963), establish procedures to
permit ID/DD facilities licensed under the ID/DD Community Care
Act and MC/DD facilities licensed under the MC/DD Act to submit
monthly billing claims for reimbursement purposes. Following
development of these procedures, the Department shall have an
additional 365 days to test the viability of the new system and
to ensure that any necessary operational or structural changes
to its information technology platforms are implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the period
of conditional enrollment, the Department may terminate the
vendor's eligibility to participate in, or may disenroll the
vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 5 days of
receipt by the facility of required prescreening information,
data for new admissions shall be entered into the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or successor system, and
within 15 days of receipt by the facility of required
prescreening information, admission documents shall be
submitted through MEDI or REV or shall be submitted directly to
the Department of Human Services using required admission
forms. Effective September 1, 2014, admission documents,
including all prescreening information, must be submitted
through MEDI or REV. Confirmation numbers assigned to an
accepted transaction shall be retained by a facility to verify
timely submittal. Once an admission transaction has been
completed, all resubmitted claims following prior rejection
are subject to receipt no later than 180 days after the
admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data necessary
to perform eligibility and payment verifications and other
Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, under which
such agencies and departments shall share data necessary for
medical assistance program integrity functions and oversight.
The Illinois Department shall develop, in cooperation with
other State departments and agencies, and in compliance with
applicable federal laws and regulations, appropriate and
effective methods to share such data. At a minimum, and to the
extent necessary to provide data sharing, the Illinois
Department shall enter into agreements with State agencies and
departments, and is authorized to enter into agreements with
federal agencies and departments, including but not limited to:
the Secretary of State; the Department of Revenue; the
Department of Public Health; the Department of Human Services;
and the Department of Financial and Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients; and (2) rental,
lease, purchase or lease-purchase of durable medical equipment
in a cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Subject to prior approval, such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department. Notwithstanding any
provision of Section 5-5f to the contrary, the Department may,
by rule, exempt certain replacement wheelchair parts from prior
approval and, for wheelchairs, wheelchair parts, wheelchair
accessories, and related seating and positioning items,
determine the wholesale price by methods other than actual
acquisition costs.
The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date of
the rule adopted pursuant to this paragraph, all providers must
meet the accreditation requirement.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped; and
(iii) notwithstanding any other provision of law, subject to
federal approval, on and after July 1, 2012, an increase in the
determination of need (DON) scores from 29 to 37 for applicants
for institutional and home and community-based long term care;
if and only if federal approval is not granted, the Department
may, in conjunction with other affected agencies, implement
utilization controls or changes in benefit packages to
effectuate a similar savings amount for this population; and
(iv) no later than July 1, 2013, minimum level of care
eligibility criteria for institutional and home and
community-based long term care; and (v) no later than October
1, 2013, establish procedures to permit long term care
providers access to eligibility scores for individuals with an
admission date who are seeking or receiving services from the
long term care provider. In order to select the minimum level
of care eligibility criteria, the Governor shall establish a
workgroup that includes affected agency representatives and
stakeholders representing the institutional and home and
community-based long term care interests. This Section shall
not restrict the Department from implementing lower level of
care eligibility criteria for community-based services in
circumstances where federal approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with
the Secretary of the Senate, one copy with the Legislative
Research Unit, and such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
Because kidney transplantation can be an appropriate, cost
effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11 of
this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3 of
this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons under
Section 5-2 of this Code. To qualify for coverage of kidney
transplantation, such person must be receiving emergency renal
dialysis services covered by the Department. Providers under
this Section shall be prior approved and certified by the
Department to perform kidney transplantation and the services
under this Section shall be limited to services associated with
kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical
assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed for
the treatment of an opioid overdose, including the medication
product, administration devices, and any pharmacy fees related
to the dispensing and administration of the opioid antagonist,
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance under
this Article. As used in this Section, "opioid antagonist"
means a drug that binds to opioid receptors and blocks or
inhibits the effect of opioids acting on those receptors,
including, but not limited to, naloxone hydrochloride or any
other similarly acting drug approved by the U.S. Food and Drug
Administration.
Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;
98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.
8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,
eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;
99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section
20 of P.A. 99-588 for the effective date of P.A. 99-407);
99-433, eff. 8-21-15; 99-480, eff. 9-9-15; 99-588, eff.
7-20-16; 99-642, eff. 7-28-16; 99-772, eff. 1-1-17; 99-895,
eff. 1-1-17; revised 9-20-16.)
(305 ILCS 5/5-30.1)
Sec. 5-30.1. Managed care protections.
(a) As used in this Section:
"Managed care organization" or "MCO" means any entity which
contracts with the Department to provide services where payment
for medical services is made on a capitated basis.
"Emergency services" include:
(1) emergency services, as defined by Section 10 of the
Managed Care Reform and Patient Rights Act;
(2) emergency medical screening examinations, as
defined by Section 10 of the Managed Care Reform and
Patient Rights Act;
(3) post-stabilization medical services, as defined by
Section 10 of the Managed Care Reform and Patient Rights
Act; and
(4) emergency medical conditions, as defined by
Section 10 of the Managed Care Reform and Patient Rights
Act.
(b) As provided by Section 5-16.12, managed care
organizations are subject to the provisions of the Managed Care
Reform and Patient Rights Act.
(c) An MCO shall pay any provider of emergency services
that does not have in effect a contract with the contracted
Medicaid MCO. The default rate of reimbursement shall be the
rate paid under Illinois Medicaid fee-for-service program
methodology, including all policy adjusters, including but not
limited to Medicaid High Volume Adjustments, Medicaid
Percentage Adjustments, Outpatient High Volume Adjustments,
and all outlier add-on adjustments to the extent such
adjustments are incorporated in the development of the
applicable MCO capitated rates.
(d) An MCO shall pay for all post-stabilization services as
a covered service in any of the following situations:
(1) the MCO authorized such services;
(2) such services were administered to maintain the
enrollee's stabilized condition within one hour after a
request to the MCO for authorization of further
post-stabilization services;
(3) the MCO did not respond to a request to authorize
such services within one hour;
(4) the MCO could not be contacted; or
(5) the MCO and the treating provider, if the treating
provider is a non-affiliated provider, could not reach an
agreement concerning the enrollee's care and an affiliated
provider was unavailable for a consultation, in which case
the MCO must pay for such services rendered by the treating
non-affiliated provider until an affiliated provider was
reached and either concurred with the treating
non-affiliated provider's plan of care or assumed
responsibility for the enrollee's care. Such payment shall
be made at the default rate of reimbursement paid under
Illinois Medicaid fee-for-service program methodology,
including all policy adjusters, including but not limited
to Medicaid High Volume Adjustments, Medicaid Percentage
Adjustments, Outpatient High Volume Adjustments and all
outlier add-on adjustments to the extent that such
adjustments are incorporated in the development of the
applicable MCO capitated rates.
(e) The following requirements apply to MCOs in determining
payment for all emergency services:
(1) MCOs shall not impose any requirements for prior
approval of emergency services.
(2) The MCO shall cover emergency services provided to
enrollees who are temporarily away from their residence and
outside the contracting area to the extent that the
enrollees would be entitled to the emergency services if
they still were within the contracting area.
(3) The MCO shall have no obligation to cover medical
services provided on an emergency basis that are not
covered services under the contract.
(4) The MCO shall not condition coverage for emergency
services on the treating provider notifying the MCO of the
enrollee's screening and treatment within 10 days after
presentation for emergency services.
(5) The determination of the attending emergency
physician, or the provider actually treating the enrollee,
of whether an enrollee is sufficiently stabilized for
discharge or transfer to another facility, shall be binding
on the MCO. The MCO shall cover emergency services for all
enrollees whether the emergency services are provided by an
affiliated or non-affiliated provider.
(6) The MCO's financial responsibility for
post-stabilization care services it has not pre-approved
ends when:
(A) a plan physician with privileges at the
treating hospital assumes responsibility for the
enrollee's care;
(B) a plan physician assumes responsibility for
the enrollee's care through transfer;
(C) a contracting entity representative and the
treating physician reach an agreement concerning the
enrollee's care; or
(D) the enrollee is discharged.
(f) Network adequacy and transparency.
(1) The Department shall:
(A) ensure that an adequate provider network is in
place, taking into consideration health professional
shortage areas and medically underserved areas;
(B) publicly release an explanation of its process
for analyzing network adequacy;
(C) periodically ensure that an MCO continues to
have an adequate network in place; and
(D) require MCOs, including Medicaid Managed Care
Entities as defined in Section 5-30.2, to meet provider
directory requirements under Section 5-30.3.
(2) Each MCO shall confirm its receipt of information
submitted specific to physician additions or physician
deletions from the MCO's provider network within 3 days
after receiving all required information from contracted
physicians, and electronic physician directories must be
updated consistent with current rules as published by the
Centers for Medicare and Medicaid Services or its successor
agency.
(g) Timely payment of claims.
(1) The MCO shall pay a claim within 30 days of
receiving a claim that contains all the essential
information needed to adjudicate the claim.
(2) The MCO shall notify the billing party of its
inability to adjudicate a claim within 30 days of receiving
that claim.
(3) The MCO shall pay a penalty that is at least equal
to the penalty imposed under the Illinois Insurance Code
for any claims not timely paid.
(4) The Department may establish a process for MCOs to
expedite payments to providers based on criteria
established by the Department.
(g-5) Recognizing that the rapid transformation of the
Illinois Medicaid program may have unintended operational
challenges for both payers and providers:
(1) in no instance shall a medically necessary covered
service rendered in good faith, based upon eligibility
information documented by the provider, be denied coverage
or diminished in payment amount if the eligibility or
coverage information available at the time the service was
rendered is later found to be inaccurate; and
(2) the Department shall, by December 31, 2016, adopt
rules establishing policies that shall be included in the
Medicaid managed care policy and procedures manual
addressing payment resolutions in situations in which a
provider renders services based upon information obtained
after verifying a patient's eligibility and coverage plan
through either the Department's current enrollment system
or a system operated by the coverage plan identified by the
patient presenting for services:
(A) such medically necessary covered services
shall be considered rendered in good faith;
(B) such policies and procedures shall be
developed in consultation with industry
representatives of the Medicaid managed care health
plans and representatives of provider associations
representing the majority of providers within the
identified provider industry; and
(C) such rules shall be published for a review and
comment period of no less than 30 days on the
Department's website with final rules remaining
available on the Department's website.
(3) The rules on payment resolutions shall include, but
not be limited to:
(A) the extension of the timely filing period;
(B) retroactive prior authorizations; and
(C) guaranteed minimum payment rate of no less than
the current, as of the date of service, fee-for-service
rate, plus all applicable add-ons, when the resulting
service relationship is out of network.
(4) The rules shall be applicable for both MCO coverage
and fee-for-service coverage.
(g-6) MCO Performance Metrics Report.
(1) The Department shall publish, on at least a
quarterly basis, each MCO's operational performance,
including, but not limited to, the following categories of
metrics:
(A) claims payment, including timeliness and
accuracy;
(B) prior authorizations;
(C) grievance and appeals;
(D) utilization statistics;
(E) provider disputes;
(F) provider credentialing; and
(G) member and provider customer service.
(2) The Department shall ensure that the metrics report
is accessible to providers online by January 1, 2017.
(3) The metrics shall be developed in consultation with
industry representatives of the Medicaid managed care
health plans and representatives of associations
representing the majority of providers within the
identified industry.
(4) Metrics shall be defined and incorporated into the
applicable Managed Care Policy Manual issued by the
Department.
(h) The Department shall not expand mandatory MCO
enrollment into new counties beyond those counties already
designated by the Department as of June 1, 2014 for the
individuals whose eligibility for medical assistance is not the
seniors or people with disabilities population until the
Department provides an opportunity for accountable care
entities and MCOs to participate in such newly designated
counties.
(i) The requirements of this Section apply to contracts
with accountable care entities and MCOs entered into, amended,
or renewed after June 16, 2014 (the effective date of Public
Act 98-651) this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-651, eff. 6-16-14; 99-725, eff. 8-5-16;
99-751, eff. 8-5-16; revised 9-13-16.)
(305 ILCS 5/5-30.3)
Sec. 5-30.3. Empowering meaningful patient choice in
Medicaid Managed Care.
(a) Definitions. As used in this Section:
"Client enrollment services broker" means a vendor the
Department contracts with to carry out activities related to
Medicaid recipients' enrollment, disenrollment, and renewal
with Medicaid Managed Care Entities.
"Composite domains" means the synthesized categories
reflecting the standardized quality performance measures
included in the consumer quality comparison tool. At a minimum,
these composite domains shall display Medicaid Managed Care
Entities' individual Plan performance on standardized quality,
timeliness, and access measures.
"Consumer quality comparison tool" means an online and
paper tool developed by the Department with input from
interested stakeholders reflecting the performance of Medicaid
Managed Care Entity Plans on standardized quality performance
measures. This tool shall be designed in a consumer-friendly
and easily understandable format.
"Covered services" means those health care services to
which a covered person is entitled to under the terms of the
Medicaid Managed Care Entity Plan.
"Facilities" includes, but is not limited to, federally
qualified health centers, skilled nursing facilities, and
rehabilitation centers.
"Hospitals" includes, but is not limited to, acute care,
rehabilitation, children's, and cancer hospitals.
"Integrated provider directory" means a searchable
database bringing together network data from multiple Medicaid
Managed Care Entities that is available through client
enrollment services.
"Medicaid eligibility redetermination" means the process
by which the eligibility of a Medicaid recipient is reviewed by
the Department to determine if the recipient's medical benefits
will continue, be modified, or terminated.
"Medicaid Managed Care Entity" has the same meaning as
defined in Section 5-30.2 of this Code.
(b) Provider directory transparency.
(1) Each Medicaid Managed Care Entity shall:
(A) Make available on the entity's website a
provider directory in a machine readable file and
format.
(B) Make provider directories publicly accessible
without the necessity of providing a password, a
username, or personally identifiable information.
(C) Comply with all federal and State statutes and
regulations, including 42 CFR 438.10, pertaining to
provider directories within Medicaid Managed Care.
(D) Request, at least annually, provider office
hours for each of the following provider types:
(i) Health care professionals, including
dental and vision providers.
(ii) Hospitals.
(iii) Facilities, other than hospitals.
(iv) Pharmacies, other than hospitals.
(v) Durable medical equipment suppliers, other
than hospitals.
Medicaid Managed Care Entities shall publish the
provider office hours in the provider directory upon
receipt.
(E) Confirm with the Medicaid Managed Care
Entity's contracted providers who have not submitted
claims within the past 6 months that the contracted
providers intend to remain in the network and correct
any incorrect provider directory information as
necessary.
(F) Ensure that in situations in which a Medicaid
Managed Care Entity Plan enrollee receives covered
services from a non-participating provider due to a
material misrepresentation in a Medicaid Managed Care
Entity's online electronic provider directory, the
Medicaid Managed Care Entity Plan enrollee shall not be
held responsible for any costs resulting from that
material misrepresentation.
(G) Conspicuously display an e-mail address and a
toll-free telephone number to which any individual may
report any inaccuracy in the provider directory. If the
Medicaid Managed Care Entity receives a report from any
person who specifically identifies provider directory
information as inaccurate, the Medicaid Managed Care
Entity shall investigate the report and correct any
inaccurate information displayed in the electronic
directory.
(2) The Department shall:
(A) Regularly monitor Medicaid Managed Care
Entities to ensure that they are compliant with the
requirements under paragraph (1) of subsection (b).
(B) Require that the client enrollment services
broker use the Medicaid provider number for all
providers with a Medicaid Provider number to populate
the provider information in the integrated provider
directory.
(C) Ensure that each Medicaid Managed Care Entity
shall, at minimum, make the information in
subparagraph (D) of paragraph (1) of subsection (b)
available to the client enrollment services broker.
(D) Ensure that the client enrollment services
broker shall, at minimum, have the information in
subparagraph (D) of paragraph (1) of subsection (b)
available and searchable through the integrated
provider directory on its website as soon as possible
but no later than January 1, 2017.
(E) Require the client enrollment services broker
to conspicuously display near the integrated provider
directory an email address and a toll-free telephone
number provided by the Department to which any
individual may report inaccuracies in the integrated
provider directory. If the Department receives a
report that identifies an inaccuracy in the integrated
provider directory, the Department shall provide the
information about the reported inaccuracy to the
appropriate Medicaid Managed Care Entity within 3
business days after the reported inaccuracy is
received.
(c) Formulary transparency.
(1) Medicaid Managed Care Entities shall publish on
their respective websites a formulary for each Medicaid
Managed Care Entity Plan offered and make the formularies
easily understandable and publicly accessible without the
necessity of providing a password, a username, or
personally identifiable information.
(2) Medicaid Managed Care Entities shall provide
printed formularies upon request.
(3) Electronic and print formularies shall display:
(A) the medications covered (both generic and name
brand);
(B) if the medication is preferred or not
preferred, and what each term means;
(C) what tier each medication is in and the meaning
of each tier;
(D) any utilization controls including, but not
limited to, step therapy, prior approval, dosage
limits, gender or age restrictions, quantity limits,
or other policies that affect access to medications;
(E) any required cost-sharing;
(F) a glossary of key terms and explanation of
utilization controls and cost-sharing requirements;
(G) a key or legend for all utilization controls
visible on every page in which specific medication
coverage information is displayed; and
(H) directions explaining the process or processes
a consumer may follow to obtain more information if a
medication the consumer requires is not covered or
listed in the formulary.
(4) Each Medicaid Managed Care Entity shall display
conspicuously with each electronic and printed medication
formulary an e-mail address and a toll-free telephone
number to which any individual may report any inaccuracy in
the formulary. If the Medicaid Managed Care Entity receives
a report that the formulary information is inaccurate, the
Medicaid Managed Care Entity shall investigate the report
and correct any inaccurate information displayed in the
electronic formulary.
(5) Each Medicaid Managed Care Entity shall include a
disclosure in the electronic and requested print
formularies that provides the date of publication, a
statement that the formulary is up to date as of
publication, and contact information for questions and
requests to receive updated information.
(6) The client enrollment services broker's website
shall display prominently a website URL link to each
Medicaid Managed Care Entity's Plan formulary. If a
Medicaid enrollee calls the client enrollment services
broker with questions regarding formularies, the client
enrollment services broker shall offer a brief description
of what a formulary is and shall refer the Medicaid
enrollee to the appropriate Medicaid Managed Care Entity
regarding his or her questions about a specific entity's
formulary.
(d) Grievances and appeals. The Department shall display
prominently on its website consumer-oriented information
describing how a Medicaid enrollee can file a complaint or
grievance, request a fair hearing for any adverse action taken
by the Department or a Medicaid Managed Care Entity, and access
free legal assistance or other assistance made available by the
State for Medicaid enrollees to pursue an action.
(e) Medicaid redetermination information. The Department
shall require the client enrollment services broker to display
prominently on the client enrollment services broker's website
a description of where a Medicaid enrollee can access
information regarding the Medicaid redetermination process.
(f) Medicaid care coordination information. The client
enrollment services broker shall display prominently on its
website, in an easily understandable format, consumer-oriented
information regarding the role of care coordination services
within Medicaid Managed Care. Such information shall include,
but shall not be limited to:
(1) a basic description of the role of care
coordination services and examples of specific care
coordination activities; and
(2) how a Medicaid enrollee may request care
coordination services from a Medicaid Managed Care Entity.
(g) Consumer quality comparison tool.
(1) The Department shall create a consumer quality
comparison tool to assist Medicaid enrollees with Medicaid
Managed Care Entity Plan selection. This tool shall provide
Medicaid Managed Care Entities' individual Plan
performance on a set of standardized quality performance
measures. The Department shall ensure that this tool shall
be accessible in both a print and online format, with the
online format allowing for individuals to access
additional detailed Plan performance information.
(2) At a minimum, a printed version of the consumer
quality comparison tool shall be provided by the Department
on an annual basis to Medicaid enrollees who are required
by the Department to enroll in a Medicaid Managed Care
Entity Plan during an enrollee's open enrollment period.
The consumer quality comparison tool shall also meet all of
the following criteria:
(A) Display Medicaid Managed Care Entities'
individual Plan performance on at least 4 composite
domains that reflect Plan quality, timeliness, and
access. The composite domains shall draw from the most
current available performance data sets including, but
not limited to:
(i) Healthcare Effectiveness Data and
Information Set (HEDIS) measures.
(ii) Core Set of Children's Health Care
Quality measures as required under the Children's
Health Insurance Program Reauthorization Act
(CHIPRA).
(iii) Adult Core Set measures.
(iv) Consumer Assessment of Healthcare
Providers and Systems (CAHPS) survey results.
(v) Additional performance measures the
Department deems appropriate to populate the
composite domains.
(B) Use a quality rating system developed by the
Department to reflect Medicaid Managed Care Entities'
individual Plan performance. The quality rating system
for each composite domain shall reflect the Medicaid
Managed Care Entities' individual Plan performance
and, when possible, plan performance relative to
national Medicaid percentiles.
(C) Be customized to reflect the specific Medicaid
Managed Care Entities' Plans available to the Medicaid
enrollee based on his or her geographic location and
Medicaid eligibility category.
(D) Include contact information for the client
enrollment services broker and contact information for
Medicaid Managed Care Entities available to the
Medicaid enrollee based on his or her geographic
location and Medicaid eligibility category.
(E) Include guiding questions designed to assist
individuals selecting a Medicaid Managed Care Entity
Plan.
(3) At a minimum, the online version of the consumer
quality comparison tool shall meet all of the following
criteria:
(A) Display Medicaid Managed Care Entities'
individual Plan performance for the same composite
domains selected by the Department in the printed
version of the consumer quality comparison tool. The
Department may display additional composite domains in
the online version of the consumer quality comparison
tool as appropriate.
(B) Display Medicaid Managed Care Entities'
individual Plan performance on each of the
standardized performance measures that contribute to
each composite domain displayed on the online version
of the consumer quality comparison tool.
(C) Use a quality rating system developed by the
Department to reflect Medicaid Managed Care Entities'
individual Plan performance. The quality rating system
for each composite domain shall reflect the Medicaid
Managed Care Entities' individual Plan performance
and, when possible, plan performance relative to
national Medicaid percentiles.
(D) Include the specific Medicaid Managed Care
Entity Plans available to the Medicaid enrollee based
on his or her geographic location and Medicaid
eligibility category.
(E) Include a sort function to view Medicaid
Managed Care Entities' individual Plan performance by
quality rating and by standardized quality performance
measures.
(F) Include contact information for the client
enrollment services broker and for each Medicaid
Managed Care Entity.
(G) Include guiding questions designed to assist
individuals in selecting a Medicaid Managed Care
Entity Plan.
(H) Prominently display current notice of quality
performance sanctions against Medicaid Managed Care
Entities. Notice of the sanctions shall remain present
on the online version of the consumer quality
comparison tool until the sanctions are lifted.
(4) The online version of the consumer quality
comparison tool shall be displayed prominently on the
client enrollment services broker's website.
(5) In the development of the consumer quality
comparison tool, the Department shall establish and
publicize a formal process to collect and consider written
and oral feedback from consumers, advocates, and
stakeholders on aspects of the consumer quality comparison
tool, including, but not limited to, the following:
(A) The standardized data sets and surveys,
specific performance measures, and composite domains
represented in the consumer quality comparison tool.
(B) The format and presentation of the consumer
quality comparison tool.
(C) The methods undertaken by the Department to
notify Medicaid enrollees of the availability of the
consumer quality comparison tool.
(6) The Department shall review and update as
appropriate the composite domains and performance measures
represented in the print and online versions of the
consumer quality comparison tool at least once every 3
years. During the Department's review process, the
Department shall solicit engagement in the public feedback
process described in paragraph (5).
(7) The Department shall ensure that the consumer
quality comparison tool is available for consumer use as
soon as possible but no later than January 1, 2018.
(h) The Department may adopt rules and take any other
appropriate action necessary to implement its responsibilities
under this Section.
(Source: P.A. 99-725, eff. 8-5-16.)
(305 ILCS 5/5-30.4)
Sec. 5-30.4 5-30.3. Provider inquiry portal. The
Department shall establish, no later than January 1, 2018, a
web-based portal to accept inquiries and requests for
assistance from managed care organizations under contract with
the State and providers under contract with managed care
organizations to provide direct care.
(Source: P.A. 99-719, eff. 1-1-17; revised 10-18-16.)
(305 ILCS 5/5-30.5)
Sec. 5-30.5 5-30.3. Managed care; automatic assignment.
The Department shall, within a reasonable period of time after
relevant data from managed care entities has been collected and
analyzed, but no earlier than January 1, 2017, seek input from
the managed care entities and other stakeholders and develop
and implement within each enrollment region an algorithm
preserving existing provider-beneficiary relationships that
takes into account quality scores and other operational
proficiency criteria developed, defined, and adopted by the
Department, to automatically assign Medicaid enrollees served
under the Family Health Plan and the Integrated Care Program
and those Medicaid enrollees eligible for medical assistance
pursuant to the Patient Protection and Affordable Care Act
(Public Law 111-148) into managed care entities, including
Accountable Care Entities, Managed Care Community Networks,
and Managed Care Organizations. The quality metrics used shall
be measurable for all entities. The algorithm shall not use the
quality and proficiency metrics to reassign enrollees out of
any plan in which they are enrolled at the time and shall only
be used if the client has not voluntarily selected a primary
care physician and a managed care entity or care coordination
entity. Clients shall have one opportunity within 90 calendar
days after auto-assignment by algorithm to select a different
managed care entity. The algorithm developed and implemented
shall favor assignment into managed care entities with the
highest quality scores and levels of compliance with the
operational proficiency criteria established, taking into
consideration existing provider-beneficiary relationship as
defined by 42 CFR 438.50(f)(3) if one exists.
(Source: P.A. 99-898, eff. 1-1-17; revised 10-18-16.)
(305 ILCS 5/10-15.1)
Sec. 10-15.1. Judicial registration of administrative
support orders and administrative paternity orders.
(a) A final administrative support order or a final
administrative paternity order, excluding a voluntary
acknowledgement or denial of paternity that is governed by
other provisions of this Code, the Illinois Parentage Act of
2015 1984, and the Vital Records Act, established by the
Illinois Department under this Article X may be registered in
the appropriate circuit court of this State by the Department
or by a party to the order by filing:
(1) Two copies, including one certified copy of the
order to be registered, any modification of the
administrative support order, any voluntary acknowledgment
of paternity pertaining to the child covered by the order,
and the documents showing service of the notice of support
obligation or the notice of paternity and support
obligation that commenced the procedure for establishment
of the administrative support order or the administrative
paternity order pursuant to Section 10-4 of this Code.
(2) A sworn statement by the person requesting
registration or a certified copy of the Department payment
record showing the amount of any past due support accrued
under the administrative support order.
(3) The name of the obligor and, if known, the
obligor's address and social security number.
(4) The name of the obligee and the obligee's address,
unless the obligee alleges in an affidavit or pleading
under oath that the health, safety, or liberty of the
obligee or child would be jeopardized by disclosure of
specific identifying information, in which case that
information must be sealed and may not be disclosed to the
other party or public. After a hearing in which the court
takes into consideration the health, safety, or liberty of
the party or child, the court may order disclosure of
information that the court determines to be in the interest
of justice.
(b) The filing of an administrative support order or an
administrative paternity order under subsection (a)
constitutes registration with the circuit court.
(c) (Blank).
(c-5) Every notice of registration must be accompanied by a
copy of the registered administrative support order or the
registered administrative paternity order and the documents
and relevant information accompanying the order pursuant to
subsection (a).
(d) (Blank).
(d-5) The registering party shall serve notice of the
registration on the other party by first class mail, unless the
administrative support order or the administrative paternity
order was entered by default or the registering party is also
seeking an affirmative remedy. The registering party shall
serve notice on the Department in all cases by first class
mail.
(1) If the administrative support order or the
administrative paternity order was entered by default
against the obligor, the obligor must be served with the
registration by any method provided by law for service of
summons.
(2) If a petition or comparable pleading seeking an
affirmative remedy is filed with the registration, the
non-moving party must be served with the registration and
the affirmative pleading by any method provided by law for
service of summons.
(e) A notice of registration of an administrative support
order or an administrative paternity order must provide the
following information:
(1) That a registered administrative order is
enforceable in the same manner as an order for support or
an order for paternity issued by the circuit court.
(2) That a hearing to contest enforcement of the
registered administrative support order or the registered
administrative paternity order must be requested within 30
days after the date of service of the notice.
(3) That failure to contest, in a timely manner, the
enforcement of the registered administrative support order
or the registered administrative paternity order shall
result in confirmation of the order and enforcement of the
order and the alleged arrearages and precludes further
contest of that order with respect to any matter that could
have been asserted.
(4) The amount of any alleged arrearages.
(f) A nonregistering party seeking to contest enforcement
of a registered administrative support order or a registered
administrative paternity order shall request a hearing within
30 days after the date of service of notice of the
registration. The nonregistering party may seek to vacate the
registration, to assert any defense to an allegation of
noncompliance with the registered administrative support order
or the registered administrative paternity order, or to contest
the remedies being sought or the amount of any alleged
arrearages.
(g) If the nonregistering party fails to contest the
enforcement of the registered administrative support order or
the registered administrative paternity order in a timely
manner, the order shall be confirmed by operation of law.
(h) If a nonregistering party requests a hearing to contest
the enforcement of the registered administrative support order
or the registered administrative paternity order, the circuit
court shall schedule the matter for hearing and give notice to
the parties and the Illinois Department of the date, time, and
place of the hearing.
(i) A party contesting the enforcement of a registered
administrative support order or a registered administrative
paternity order or seeking to vacate the registration has the
burden of proving one or more of the following defenses:
(1) The Illinois Department lacked personal
jurisdiction over the contesting party.
(2) The administrative support order or the
administrative paternity order was obtained by fraud.
(3) The administrative support order or the
administrative paternity order has been vacated,
suspended, or modified by a later order.
(4) The Illinois Department has stayed the
administrative support order or the administrative
paternity order pending appeal.
(5) There is a defense under the law to the remedy
sought.
(6) Full or partial payment has been made.
(j) If a party presents evidence establishing a full or
partial payment defense under subsection (i), the court may
stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant
evidence, and issue other appropriate orders. An uncontested
portion of the registered administrative support order or the
registered administrative paternity order may be enforced by
all remedies available under State law.
(k) If a contesting party does not establish a defense
under subsection (i) to the enforcement of the administrative
support order or the administrative paternity order, the court
shall issue an order confirming the administrative support
order or the administrative paternity order. Confirmation of
the registered administrative support order or the registered
administrative paternity order, whether by operation of law or
after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted
at the time of registration. Upon confirmation, the registered
administrative support order or the registered administrative
paternity order shall be treated in the same manner as a
support order or a paternity order entered by the circuit
court, including the ability of the court to entertain a
petition to modify the administrative support order due to a
substantial change in circumstances or a petition to modify the
administrative paternity order due to clear and convincing
evidence regarding paternity, or petitions for visitation or
custody of the child or children covered by the administrative
support order or the administrative paternity order. Nothing in
this Section shall be construed to alter the effect of a final
administrative support order or a final administrative
paternity order, or the restriction of judicial review of such
a final order to the provisions of the Administrative Review
Law, as provided in Sections 10-11 and 10-17.7 of this Code.
(l) Notwithstanding the limitations of relief provided for
under this Section regarding an administrative paternity order
and the administrative relief available from an administrative
paternity order under Sections 10-12 through 10-14.1 of this
Code, a party may petition for relief from a registered final
administrative paternity order entered by consent of the
parties, excluding a voluntary acknowledgement or denial of
paternity as well as an administrative paternity order entered
pursuant to genetic testing. The petition shall be filed
pursuant to Section 2-1401 of the Code of Civil Procedure based
upon a showing of due diligence and a meritorious defense. The
court, after reviewing the evidence regarding this specific
type of administrative paternity order entered by consent of
the parties, shall issue an order regarding the petition.
Nothing in this Section shall be construed to alter the effect
of a final administrative paternity order, or the restriction
of judicial review of such a final order to the provisions of
the Administrative Review Law, as provided in Section 10-17.7
of this Code.
(Source: P.A. 98-563, eff. 8-27-13; 99-471, eff. 8-27-15;
revised 10-26-16.)
(305 ILCS 5/10-17.3) (from Ch. 23, par. 10-17.3)
Sec. 10-17.3. Federal Income Tax Refund Intercept. The
Illinois Department may provide by rule for certification to
the United States Department of Health and Human Services of
past due support owed by responsible relatives under a support
order entered by a court or administrative body of this or any
other State on behalf of resident or non-resident persons. The
purpose of certification shall be to intercept Federal Income
Tax refunds due such relatives in order to satisfy such past
due support in whole or in part.
The rule shall provide for notice to and an opportunity to
be heard by the responsible relative affected and any final
administrative decision rendered by the Department shall be
reviewed only under and in accordance with the Administrative
Review Law. Certification shall be accomplished in accordance
with Title IV, Part D of the federal Social Security Act and
rules and regulations promulgated thereunder.
(Source: P.A. 84-758; revised 9-13-16.)
(305 ILCS 5/10-17.14)
Sec. 10-17.14. Denial of passports. The Illinois
Department may provide by rule for certification to the United
States Department of Health and Human Services of past due
support owed by responsible relatives under a support order
entered by a court or administrative body of this or any other
State on behalf of resident or non-resident persons. The
purpose of certification shall be to effect denial, revocation,
restriction, or limitation of passports of responsible
relatives owing past due support.
The rule shall provide for notice to and an opportunity to
be heard by the responsible relative affected and any final
administrative decision rendered by the Department shall be
reviewed only under and in accordance with the Administrative
Review Law. Certification shall be accomplished in accordance
with Title IV, Part D of the federal Social Security Act and
rules and regulations promulgated thereunder.
(Source: P.A. 97-186, eff. 7-22-11; revised 9-13-16.)
(305 ILCS 5/10-24.50)
Sec. 10-24.50. Financial institution's freedom from
liability. A financial institution that provides information
under Sections 10-24 through 10-24.50 shall not be liable to
any account holder, owner, or other person in any civil,
criminal, or administrative action for any of the following:
(1) Disclosing the required information to the
Illinois Department, any other provisions of the law
notwithstanding not withstanding.
(2) Holding, encumbering, or surrendering any of an
individual's accounts as defined in Section 10-24 in
response to a lien or order to withhold and deliver issued
by:
(A) the Illinois Department under Sections 10-25
and 10-25.5; or
(B) a person or entity acting on behalf of the
Illinois Department.
(3) Any other action taken or omission made in good
faith to comply with Sections 10-24 through 10-24.50,
including individual or mechanical errors, provided that
the action or omission does not constitute gross negligence
or willful misconduct.
(Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)
(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
Sec. 11-9. Protection of records; exceptions records -
Exceptions. For the protection of applicants and recipients,
the Illinois Department, the county departments and local
governmental units and their respective officers and employees
are prohibited, except as hereinafter provided, from
disclosing the contents of any records, files, papers and
communications, except for purposes directly connected with
the administration of public aid under this Code.
In any judicial proceeding, except a proceeding directly
concerned with the administration of programs provided for in
this Code, such records, files, papers and communications, and
their contents shall be deemed privileged communications and
shall be disclosed only upon the order of the court, where the
court finds such to be necessary in the interest of justice.
The Illinois Department shall establish and enforce
reasonable rules and regulations governing the custody, use and
preservation of the records, papers, files, and communications
of the Illinois Department, the county departments and local
governmental units receiving State or Federal funds or aid. The
governing body of other local governmental units shall in like
manner establish and enforce rules and regulations governing
the same matters.
The contents of case files pertaining to recipients under
Articles IV, V, and VI shall be made available without subpoena
or formal notice to the officers of any court, to all law
enforcement enforcing agencies, and to such other persons or
agencies as from time to time may be authorized by any court.
In particular, the contents of those case files shall be made
available upon request to a law enforcement agency for the
purpose of determining the current address of a recipient with
respect to whom an arrest warrant is outstanding, and the
current address of a recipient who was a victim of a felony or
a witness to a felony shall be made available upon request to a
State's Attorney of this State or a State's Attorney's
investigator. Information shall also be disclosed to the
Illinois State Scholarship Commission pursuant to an
investigation or audit by the Illinois State Scholarship
Commission of a delinquent student loan or monetary award.
This Section does not prevent the Illinois Department and
local governmental units from reporting to appropriate law
enforcement officials the desertion or abandonment by a parent
of a child, as a result of which financial aid has been
necessitated under Articles IV, V, or VI, or reporting to
appropriate law enforcement officials instances in which a
mother under age 18 has a child out of wedlock and is an
applicant for or recipient of aid under any Article of this
Code. The Illinois Department may provide by rule for the
county departments and local governmental units to initiate
proceedings under the Juvenile Court Act of 1987 to have
children declared to be neglected when they deem such action
necessary to protect the children from immoral influences
present in their home or surroundings.
This Section does not preclude the full exercise of the
powers of the Board of Public Aid Commissioners to inspect
records and documents, as provided for all advisory boards
pursuant to Section 5-505 of the Departments of State
Government Law (20 ILCS 5/5-505).
This Section does not preclude exchanges of information
among the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid), the Department of
Human Services (as successor to the Department of Public Aid),
and the Illinois Department of Revenue for the purpose of
verifying sources and amounts of income and for other purposes
directly connected with the administration of this Code and of
the Illinois Income Tax Act.
The provisions of this Section and of Section 11-11 as they
apply to applicants and recipients of public aid under Article
V shall be operative only to the extent that they do not
conflict with any Federal law or regulation governing Federal
grants to this State for such programs.
The Department of Healthcare and Family Services and the
Department of Human Services (as successor to the Illinois
Department of Public Aid) shall enter into an inter-agency
agreement with the Department of Children and Family Services
to establish a procedure by which employees of the Department
of Children and Family Services may have immediate access to
records, files, papers, and communications (except medical,
alcohol or drug assessment or treatment, mental health, or any
other medical records) of the Illinois Department, county
departments, and local governmental units receiving State or
federal funds or aid, if the Department of Children and Family
Services determines the information is necessary to perform its
duties under the Abused and Neglected Child Reporting Act, the
Child Care Act of 1969, and the Children and Family Services
Act.
(Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)
(305 ILCS 5/12-4.42)
Sec. 12-4.42. Medicaid Revenue Maximization.
(a) Purpose. The General Assembly finds that there is a
need to make changes to the administration of services provided
by State and local governments in order to maximize federal
financial participation.
(b) Definitions. As used in this Section:
"Community Medicaid mental health services" means all
mental health services outlined in Part Section 132 of Title 59
of the Illinois Administrative Code that are funded through
DHS, eligible for federal financial participation, and
provided by a community-based provider.
"Community-based provider" means an entity enrolled as a
provider pursuant to Sections 140.11 and 140.12 of Title 89 of
the Illinois Administrative Code and certified to provide
community Medicaid mental health services in accordance with
Part Section 132 of Title 59 of the Illinois Administrative
Code.
"DCFS" means the Department of Children and Family
Services.
"Department" means the Illinois Department of Healthcare
and Family Services.
"Care facility for persons with a developmental
disability" means an intermediate care facility for persons
with an intellectual disability within the meaning of Title XIX
of the Social Security Act, whether public or private and
whether organized for profit or not-for-profit, but shall not
include any facility operated by the State.
"Care provider for persons with a developmental
disability" means a person conducting, operating, or
maintaining a care facility for persons with a developmental
disability. For purposes of this definition, "person" means any
political subdivision of the State, municipal corporation,
individual, firm, partnership, corporation, company, limited
liability company, association, joint stock association, or
trust, or a receiver, executor, trustee, guardian, or other
representative appointed by order of any court.
"DHS" means the Illinois Department of Human Services.
"Hospital" means an institution, place, building, or
agency located in this State that is licensed as a general
acute hospital by the Illinois Department of Public Health
under the Hospital Licensing Act, whether public or private and
whether organized for profit or not-for-profit.
"Long term care facility" means (i) a skilled nursing or
intermediate long term care facility, whether public or private
and whether organized for profit or not-for-profit, that is
subject to licensure by the Illinois Department of Public
Health under the Nursing Home Care Act, including a county
nursing home directed and maintained under Section 5-1005 of
the Counties Code, and (ii) a part of a hospital in which
skilled or intermediate long term care services within the
meaning of Title XVIII or XIX of the Social Security Act are
provided; except that the term "long term care facility" does
not include a facility operated solely as an intermediate care
facility for the intellectually disabled within the meaning of
Title XIX of the Social Security Act.
"Long term care provider" means (i) a person licensed by
the Department of Public Health to operate and maintain a
skilled nursing or intermediate long term care facility or (ii)
a hospital provider that provides skilled or intermediate long
term care services within the meaning of Title XVIII or XIX of
the Social Security Act. For purposes of this definition,
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court.
"State-operated facility for persons with a developmental
disability" means an intermediate care facility for persons
with an intellectual disability within the meaning of Title XIX
of the Social Security Act operated by the State.
(c) Administration and deposit of Revenues. The Department
shall coordinate the implementation of changes required by
Public Act 96-1405 this amendatory Act of the 96th General
Assembly amongst the various State and local government bodies
that administer programs referred to in this Section.
Revenues generated by program changes mandated by any
provision in this Section, less reasonable administrative
costs associated with the implementation of these program
changes, which would otherwise be deposited into the General
Revenue Fund shall be deposited into the Healthcare Provider
Relief Fund.
The Department shall issue a report to the General Assembly
detailing the implementation progress of Public Act 96-1405
this amendatory Act of the 96th General Assembly as a part of
the Department's Medical Programs annual report for fiscal
years 2010 and 2011.
(d) Acceleration of payment vouchers. To the extent
practicable and permissible under federal law, the Department
shall create all vouchers for long term care facilities and
facilities for persons with a developmental disability for
dates of service in the month in which the enhanced federal
medical assistance percentage (FMAP) originally set forth in
the American Recovery and Reinvestment Act (ARRA) expires and
for dates of service in the month prior to that month and
shall, no later than the 15th of the month in which the
enhanced FMAP expires, submit these vouchers to the Comptroller
for payment.
The Department of Human Services shall create the necessary
documentation for State-operated facilities for persons with a
developmental disability so that the necessary data for all
dates of service before the expiration of the enhanced FMAP
originally set forth in the ARRA can be adjudicated by the
Department no later than the 15th of the month in which the
enhanced FMAP expires.
(e) Billing of DHS community Medicaid mental health
services. No later than July 1, 2011, community Medicaid mental
health services provided by a community-based provider must be
billed directly to the Department.
(f) DCFS Medicaid services. The Department shall work with
DCFS to identify existing programs, pending qualifying
services, that can be converted in an economically feasible
manner to Medicaid in order to secure federal financial
revenue.
(g) Third Party Liability recoveries. The Department shall
contract with a vendor to support the Department in
coordinating benefits for Medicaid enrollees. The scope of work
shall include, at a minimum, the identification of other
insurance for Medicaid enrollees and the recovery of funds paid
by the Department when another payer was liable. The vendor may
be paid a percentage of actual cash recovered when practical
and subject to federal law.
(h) Public health departments. The Department shall
identify unreimbursed costs for persons covered by Medicaid who
are served by the Chicago Department of Public Health.
The Department shall assist the Chicago Department of
Public Health in determining total unreimbursed costs
associated with the provision of healthcare services to
Medicaid enrollees.
The Department shall determine and draw the maximum
allowable federal matching dollars associated with the cost of
Chicago Department of Public Health services provided to
Medicaid enrollees.
(i) Acceleration of hospital-based payments. The
Department shall, by the 10th day of the month in which the
enhanced FMAP originally set forth in the ARRA expires, create
vouchers for all State fiscal year 2011 hospital payments
exempt from the prompt payment requirements of the ARRA. The
Department shall submit these vouchers to the Comptroller for
payment.
(Source: P.A. 99-143, eff. 7-27-15; revised 9-15-16.)
(305 ILCS 5/16-2)
Sec. 16-2. Eligibility. A foreign-born victim of
trafficking, torture, or other serious crimes and his or her
derivative family members are eligible for cash assistance or
SNAP benefits under this Article if:
(a) he or she:
(1) has filed or is preparing to file an
application for T Nonimmigrant status with the
appropriate federal agency pursuant to Section
1101(a)(15)(T) of Title 8 of the United States Code, or
is otherwise taking steps to meet the conditions for
federal benefits eligibility under Section 7105 of
Title 22 of the United States Code;
(2) has filed or is preparing to file a formal
application with the appropriate federal agency for
status pursuant to Section 1101(a)(15)(U) of Title 8 of
the United States Code; or
(3) has filed or is preparing to file a formal
application with the appropriate federal agency for
status under Section 1158 of Title 8 of the United
States Code; and
(b) he or she is otherwise eligible for cash assistance or
SNAP benefits, as applicable.
(Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)
(305 ILCS 5/16-5)
Sec. 16-5. Termination of benefits.
(a) Any cash assistance or SNAP benefits provided under
this Article to a person who is a foreign-born victim of
trafficking, torture, or other serious crimes and his or her
derivative family members shall be terminated if there is a
final denial of that person's visa or asylum application under
Section Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of
Title 8 of the United States Code.
(b) A person who is a foreign-born victim of trafficking,
torture, or other serious crimes and his or her derivative
family members shall be ineligible for continued State-funded
cash assistance or SNAP benefits provided under this Article if
that person has not filed a formal application for status
pursuant to Section Sections 1101(a)(15)(T), 1101(a)(15)(U),
or 1158 of Title 8 of the United States Code within one year
after the date of his or her application for cash assistance or
SNAP benefits provided under this Article. The Department of
Human Services may extend the person's and his or her
derivative family members' eligibility for medical assistance,
cash assistance, or SNAP benefits beyond one year if the
Department determines that the person, during the year of
initial eligibility (i) experienced a health crisis, (ii) has
been unable, after reasonable attempts, to obtain necessary
information from a third party, or (iii) has other extenuating
circumstances that prevented the person from completing his or
her application for status.
(Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)
Section 580. The Senior Citizens and Persons with
Disabilities Property Tax Relief Act is amended by changing
Section 8a as follows:
(320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)
Sec. 8a. Confidentiality.
(a) Except as otherwise provided in this Act, all
information received by the Department of Revenue or its
successors, the Department on Aging and the Department of
Healthcare and Family Services, from claims filed under this
Act, or from any investigation conducted under the provisions
of this Act, shall be confidential, except for official
purposes within those Departments or pursuant to official
procedures for collection of any State tax or enforcement of
any civil or criminal penalty or sanction imposed by this Act
or by any statute imposing a State tax, and any person who
divulges any such information in any manner, except for such
purposes and pursuant to order of the Director of one of those
Departments or in accordance with a proper judicial order,
shall be guilty of a Class A misdemeanor.
(b) Nothing contained in this Act shall prevent the
Director of Aging from publishing or making available
reasonable statistics concerning the operation of the grant
programs contained in this Act wherein the contents of claims
are grouped into aggregates in such a way that information
contained in any individual claim shall not be disclosed.
(c) The Department on Aging shall furnish to the Secretary
of State such information as is reasonably necessary for the
administration of reduced vehicle registration fees pursuant
to Section 3-806.3 of the "The Illinois Vehicle Code".
(d) The Director of the Department on Aging shall make
information available to the State Board of Elections as may be
required by an agreement the State Board of Elections has
entered into with a multi-state voter registration list
maintenance system.
(Source: P.A. 98-1171, eff. 6-1-15; revised 10-26-16.)
Section 585. The Housing for Veterans with Disabilities Act
is amended by changing Sections 1, 2.1, and 3 as follows:
(330 ILCS 65/1) (from Ch. 126 1/2, par. 58)
Sec. 1. Any veteran of the military or naval service of the
United States who was a resident of this State at the time he
entered such service and who has been approved by the
Administrator of Veterans Veterans' Affairs for assistance
under Chapter 21 of Title 38, United States Code, as now or
hereafter amended, shall be entitled to receive assistance
under this Act for the purpose of acquiring within this State
or without this State, where due to service-connected
disabilities and upon the advice or recommendation of a duly
recognized physician of the Veterans Administration in order to
protect the health of the veteran, such veteran cannot reside
in this State, a suitable dwelling unit with special fixtures
or movable facilities made necessary by the veteran's permanent
and total service-connected disability.
(Source: Laws 1965, p. 650; revised 9-13-16.)
(330 ILCS 65/2.1) (from Ch. 126 1/2, par. 59.1)
Sec. 2.1. (a) The Illinois Department of Veterans' Affairs
shall provide assistance to a veteran who is eligible for and
has been approved by the Administrator of Veterans Veterans'
Affairs for the grant authorized under Section 801(b) of Title
38 of The United States Code for remodeling a dwelling, which
is not adapted to the requirements of the veteran's disability,
and which was acquired by him prior to his application for
federal assistance.
(b) The amount of State assistance provided to a veteran
under subsection (a) of this Section shall be equal to the
lesser of (1) the difference between the total cost of
remodeling and the amount of assistance provided by the federal
government under Title 38, Section 801(b) of the United States
Code or (2) $3,000. However, if the amount of the federal
assistance is at least equal to the total cost of remodeling
the dwelling, then no State assistance shall be granted under
this Section.
(c) A veteran eligible for assistance under subsection (a)
of this Section shall not by reason of such eligibility be
denied benefits for which such veteran becomes eligible under
Section 2 of this Act.
(Source: P.A. 91-216, eff. 1-1-00; revised 9-13-16.)
(330 ILCS 65/3) (from Ch. 126 1/2, par. 60)
Sec. 3. Application for assistance under this Act shall be
made by the veteran to the Illinois Department of Veterans'
Affairs and shall be accompanied by satisfactory evidence that
the veteran has been approved by the Administrator of Veterans
Veterans' Affairs for assistance in acquiring a suitable
dwelling unit or in remodeling a dwelling not adapted to the
requirements of his disability. The application shall contain
such information as will enable the Illinois Department of
Veterans' Affairs to determine the amount of assistance to
which the veteran is entitled. The Illinois Department of
Veterans' Affairs shall adopt general rules for determining the
question of whether an applicant was a resident of this State
at the time he entered the service, and shall prescribe by rule
the nature of the proof to be submitted to establish the fact
of residence. The Illinois Department of Veterans' Affairs
shall adopt guidelines for determining types of remodeling and
adaptations which are reasonably necessary because of a
veteran's disability, for a veteran eligible for assistance
under Section 2.1 of this Act.
(Source: P.A. 82-894; revised 9-13-16.)
Section 590. The Coal Mine Medical Emergencies Act is
amended by changing Section 2 as follows:
(410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)
Sec. 2. As used in this Act, unless the context clearly
otherwise requires:
(a) "Emergency medical technician" means a person who has
successfully completed the course on emergency first-aid care
and transportation of the sick and injured recommended by the
American Academy of Orthopedic Surgeons, or the equivalent
thereof, and has been licensed by the Department of Public
Health to provide emergency care.
(b) "Mine" means any surface coal mine or underground coal
mine, as defined in Section 1.03 of the "The Coal Mining Act of
1953".
(Source: P.A. 98-973, eff. 8-15-14; revised 10-5-16.)
Section 595. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 6.6 as follows:
(410 ILCS 70/6.6)
Sec. 6.6. Submission of sexual assault evidence.
(a) As soon as practicable, but in no event more than 4
hours after the completion of hospital emergency services and
forensic services, the hospital shall make reasonable efforts
to determine the law enforcement agency having jurisdiction
where the sexual assault occurred. The hospital may obtain the
name of the law enforcement agency with jurisdiction from the
local law enforcement agency.
(b) Within 4 hours after the completion of hospital
emergency services and forensic services, the hospital shall
notify the law enforcement agency having jurisdiction that the
hospital is in possession of sexual assault evidence and the
date and time the collection of evidence was completed. The
hospital shall document the notification in the patient's
medical records and shall include the agency notified, the date
and time of the notification and the name of the person who
received the notification. This notification to the law
enforcement agency having jurisdiction satisfies the
hospital's requirement to contact its local law enforcement
agency under Section 3.2 of the Criminal Identification Act.
(c) If the law enforcement agency having jurisdiction has
not taken physical custody of sexual assault evidence within 5
days of the first contact by the hospital, the hospital shall
renotify re-notify the law enforcement agency having
jurisdiction that the hospital is in possession of sexual
assault evidence and the date the sexual assault evidence was
collected. The hospital shall document the renotification
re-notification in the patient's medical records and shall
include the agency notified, the date and time of the
notification and the name of the person who received the
notification.
(d) If the law enforcement agency having jurisdiction has
not taken physical custody of the sexual assault evidence
within 10 days of the first contact by the hospital and the
hospital has provided renotification under subsection (c) of
this Section, the hospital shall contact the State's Attorney
of the county where the law enforcement agency having
jurisdiction is located. The hospital shall inform the State's
Attorney that the hospital is in possession of sexual assault
evidence, the date the sexual assault evidence was collected,
the law enforcement agency having jurisdiction, the dates,
times and names of persons notified under subsections (b) and
(c) of this Section. The notification shall be made within 14
days of the collection of the sexual assault evidence.
(Source: P.A. 99-801, eff. 1-1-17; revised 10-26-16.)
Section 600. The Compassionate Use of Medical Cannabis
Pilot Program Act is amended by changing Section 45 as follows:
(410 ILCS 130/45)
(Section scheduled to be repealed on July 1, 2020)
Sec. 45. Addition of debilitating medical conditions.
(a) Any resident may petition the Department of Public
Health to add debilitating conditions or treatments to the list
of debilitating medical conditions listed in subsection (h) of
Section 10. The Department shall approve or deny a petition
within 180 days of its submission, and, upon approval, shall
proceed to add that condition by rule in accordance with the
Illinois Administrative Procedure Act. The approval or denial
of any petition is a final decision of the Department, subject
to judicial review. Jurisdiction and venue are vested in the
Circuit Court.
(b) The Department shall accept petitions once annually for
a one-month period determined by the Department. During the
open period, the Department shall accept petitions from any
resident requesting the addition of a new debilitating medical
condition or disease to the list of approved debilitating
medical conditions for which the use of cannabis has been shown
to have a therapeutic or palliative effect. The Department
shall provide public notice 30 days before the open period for
accepting petitions, which shall describe the time period for
submission, the required format of the submission, and the
submission address.
(c) Each petition shall be limited to one proposed
debilitating medical condition or disease.
(d) A petitioner shall file one original petition in the
format provided by the Department and in the manner specified
by the Department. For a petition to be processed and reviewed,
the following information shall be included:
(1) The petition, prepared on forms provided by the
Department, in the manner specified by the Department.
(2) A specific description of the medical condition or
disease that is the subject of the petition. Each petition
shall be limited to a single condition or disease.
Information about the proposed condition or disease shall
include:
(A) the extent to which the condition or disease
itself or the treatments cause severe suffering, such
as severe or chronic pain, severe nausea or vomiting,
or otherwise severely impair a person's ability to
conduct activities of daily living;
(B) information about why conventional medical
therapies are not sufficient to alleviate the
suffering caused by the disease or condition and its
treatment;
(C) the proposed benefits from the medical use of
cannabis specific to the medical condition or disease;
(D) evidence from the medical community and other
experts supporting the use of medical cannabis to
alleviate suffering caused by the condition, disease,
or treatment;
(E) letters of support from physicians or other
licensed health care providers knowledgeable about the
condition or disease, including, if feasible, a letter
from a physician with whom the petitioner has a bona
fide physician-patient relationship;
(F) any additional medical, testimonial, or
scientific documentation; and
(G) an electronic copy of all materials submitted.
(3) Upon receipt of a petition, the Department shall:
(A) determine whether the petition meets the
standards for submission and, if so, shall accept the
petition for further review; or
(B) determine whether the petition does not meet
the standards for submission and, if so, shall deny the
petition without further review.
(4) If the petition does not fulfill the standards for
submission, the petition shall be considered deficient.
The Department shall notify the petitioner, who may correct
any deficiencies and resubmit the petition during the next
open period.
(e) The petitioner may withdraw his or her petition by
submitting a written statement to the Department indicating
withdrawal.
(f) Upon review of accepted petitions, the Director shall
render a final decision regarding the acceptance or denial of
the proposed debilitating medical conditions or diseases.
(g) The Department shall convene a Medical Cannabis
Advisory Board (Advisory Board) composed of 16 members, which
shall include:
(1) one medical cannabis patient advocate or
designated caregiver;
(2) one parent or designated caregiver of a person
under the age of 18 who is a qualified medical cannabis
patient;
(3) two registered nurses or nurse practitioners;
(4) three registered qualifying patients, including
one veteran; and
(5) nine health care practitioners with current
professional licensure in their field. The Advisory Board
shall be composed of health care practitioners
representing the following areas:
(A) neurology;
(B) pain management;
(C) medical oncology;
(D) psychiatry or mental health;
(E) infectious disease;
(F) family medicine;
(G) general primary care;
(H) medical ethics;
(I) pharmacy;
(J) pediatrics; or
(K) psychiatry or mental health for children or
adolescents.
At least one appointed health care practitioner shall have
direct experience related to the health care needs of veterans
and at least one individual shall have pediatric experience.
(h) Members of the Advisory Board shall be appointed by the
Governor.
(1) Members shall serve a term of 4 years or until a
successor is appointed and qualified. If a vacancy occurs,
the Governor shall appoint a replacement to complete the
original term created by the vacancy.
(2) The Governor shall select a chairperson.
(3) Members may serve multiple terms.
(4) Members shall not have an affiliation with, serve
on the board of, or have a business relationship with a
registered cultivation center or a registered medical
cannabis dispensary.
(5) Members shall disclose any real or apparent
conflicts of interest that may have a direct bearing of the
subject matter, such as relationships with pharmaceutical
companies, biomedical device manufacturers, or
corporations whose products or services are related to the
medical condition or disease to be reviewed.
(6) Members shall not be paid but shall be reimbursed
for travel expenses incurred while fulfilling the
responsibilities of the Advisory Board.
(i) On June 30, 2016 (the effective date of Public Act
99-519) this amendatory Act of the 99th General Assembly, the
terms of office of the members of the Advisory Board serving on
that effective date shall terminate and the Board shall be
reconstituted.
(j) The Advisory Board shall convene at the call of the
Chair:
(1) to examine debilitating conditions or diseases
that would benefit from the medical use of cannabis; and
(2) to review new medical and scientific evidence
pertaining to currently approved conditions.
(k) The Advisory Board shall issue an annual report of its
activities each year.
(l) The Advisory Board shall receive administrative
support from the Department.
(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16;
99-642, eff. 7-28-16; revised 10-20-16.)
Section 605. The Illinois Egg and Egg Products Act is
amended by changing Section 15 as follows:
(410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
Sec. 15. Samples; packing methods.
(a) The Department shall prescribe methods in conformity
with the United States Department of Agriculture
specifications for selecting samples of lots, cases or
containers of eggs or egg products which shall be reasonably
calculated to produce fair representations of the entire lots
or cases and containers sampled. Any sample taken shall be
prima facie evidence in any court in this State of the true
condition of the entire lot, case or container of eggs or egg
products in the examination of which the sample was taken.
It shall be unlawful for any handler or retailer to pack
eggs into consumer-size containers other than during the
original candling and grading operations unless the retailer
performs a lot consolidation.
(b) A retailer that wishes to consolidate eggs shall
implement and administer a training program for employees that
will perform the consolidation as part of their duties. The
program shall include, but not be limited to, the following:
(1) laws Laws governing egg lot consolidation:
(A) same lot code;
(B) same source;
(C) same sell-by date;
(D) same grade;
(E) same size;
(F) same brand;
(2) temperature requirements;
(3) egg is a hazardous food (FDA Guidelines);
(4) sanitation;
(5) egg quality (USDA guidelines);
(6) original packaging requirements (replacement
cartons shall not be utilized); and
(7) record keeping requirements.
(c) Training shall be conducted annually and may be
conducted by any means available, including, but not limited
to, online, computer, classroom, live trainers, and remote
trainers.
(d) A copy of the training material must be made available
upon request from the Department. A copy of the training
material may be kept electronically.
(e) Eggs shall be consolidated in a manner consistent with
training materials required by subsection (b).
(f) Each store shall maintain a record of each egg carton
consolidated. The records shall be maintained by the store at
the physical location the eggs were consolidated at for a
period not less than one year past the last sell-by date on the
cartons consolidated. The records must be available for
inspection upon request from the Department. The records may be
kept electronically.
Each lot consolidation shall be documented. The
information documented shall include, but not be limited to,
the following:
(1) date of consolidation;
(2) brand;
(3) egg size;
(4) distributor;
(5) USDA plant number;
(6) grade; and
(7) best-by (sell-by/use-by) date.
(g) An Illinois-based egg producer or Illinois-based egg
producer-dealer may prohibit its brands from being included in
an egg lot consolidation program. Any Illinois-based egg
producer or Illinois-based egg producer-dealer that chooses to
prohibit its brands from being included in an egg lot
consolidation program shall notify a retailer in writing before
entering into an agreement to distribute its eggs to the
retailer. Producers or producer-dealers with agreements
entered into prior to January 1, 2017 (the effective date of
Public Act 99-732) this Act shall have 90 days after January 1,
2017 (the effective date of Public Act 99-732) this Act to
notify retailers in writing of their choice to prohibit
consolidation of their egg brands.
Upon notification from an Illinois-based producer or
Illinois-based producer dealer, a retailer shall not
consolidate those brands.
(Source: P.A. 99-732, eff. 1-1-17; revised 10-26-16.)
Section 610. The Environmental Protection Act is amended by
changing Sections 22.28 and 40 as follows:
(415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)
Sec. 22.28. White goods.
(a) Beginning July 1, 1994, no person shall knowingly offer
for collection or collect white goods for the purpose of
disposal by landfilling unless the white good components have
been removed.
(b) Beginning July 1, 1994, no owner or operator of a
landfill shall accept any white goods for final disposal,
except that white goods may be accepted if:
(1) the landfill participates in the Industrial
Materials Exchange Service by communicating the
availability of white goods;
(2) prior to final disposal, any white good components
have been removed from the white goods; and
(3) if white good components are removed from the white
goods at the landfill, a site operating plan satisfying
this Act has been approved under the site operating permit
and the conditions of such operating plan are met.
(c) For the purposes of this Section:
(1) "White goods" shall include all discarded
refrigerators, ranges, water heaters, freezers, air
conditioners, humidifiers and other similar domestic and
commercial large appliances.
(2) "White good components" shall include:
(i) any chlorofluorocarbon refrigerant gas;
(ii) any electrical switch containing mercury;
(iii) any device that contains or may contain PCBs
in a closed system, such as a dielectric fluid for a
capacitor, ballast or other component; and
(iv) any fluorescent lamp that contains mercury.
(d) The Agency is authorized to provide financial
assistance to units of local government from the Solid Waste
Management Fund to plan for and implement programs to collect,
transport and manage white goods. Units of local government may
apply jointly for financial assistance under this Section.
Applications for such financial assistance shall be
submitted to the Agency and must provide a description of:
(A) the area to be served by the program;
(B) the white goods intended to be included in the
program;
(C) the methods intended to be used for collecting
and receiving materials;
(D) the property, buildings, equipment and
personnel included in the program;
(E) the public education systems to be used as part
of the program;
(F) the safety and security systems that will be
used;
(G) the intended processing methods for each white
goods type;
(H) the intended destination for final material
handling location; and
(I) any staging sites used to handle collected
materials, the activities to be performed at such sites
and the procedures for assuring removal of collected
materials from such sites.
The application may be amended to reflect changes in
operating procedures, destinations for collected materials, or
other factors.
Financial assistance shall be awarded for a State fiscal
year, and may be renewed, upon application, if the Agency
approves the operation of the program.
(e) All materials collected or received under a program
operated with financial assistance under this Section shall be
recycled whenever possible. Treatment or disposal of collected
materials are not eligible for financial assistance unless the
applicant shows and the Agency approves which materials may be
treated or disposed of under various conditions.
Any revenue from the sale of materials collected under such
a program shall be retained by the unit of local government and
may be used only for the same purposes as the financial
assistance under this Section.
(f) The Agency is authorized to adopt rules necessary or
appropriate to the administration of this Section.
(g) (Blank).
(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a)(1) If the Agency refuses to grant or grants with
conditions a permit under Section 39 of this Act, the applicant
may, within 35 days after the date on which the Agency served
its decision on the applicant, petition for a hearing before
the Board to contest the decision of the Agency. However, the
35-day period for petitioning for a hearing may be extended for
an additional period of time not to exceed 90 days by written
notice provided to the Board from the applicant and the Agency
within the initial appeal period. The Board shall give 21 days'
day notice to any person in the county where is located the
facility in issue who has requested notice of enforcement
proceedings and to each member of the General Assembly in whose
legislative district that installation or property is located;
and shall publish that 21-day 21 day notice in a newspaper of
general circulation in that county. The Agency shall appear as
respondent in such hearing. At such hearing the rules
prescribed in Section 32 and subsection (a) of Section 33 of
this Act shall apply, and the burden of proof shall be on the
petitioner. If, however, the Agency issues an NPDES permit that
imposes limits which are based upon a criterion or denies a
permit based upon application of a criterion, then the Agency
shall have the burden of going forward with the basis for the
derivation of those limits or criterion which were derived
under the Board's rules.
(2) Except as provided in paragraph (a)(3), if there is no
final action by the Board within 120 days after the date on
which it received the petition, the petitioner may deem the
permit issued under this Act, provided, however, that that
period of 120 days shall not run for any period of time, not to
exceed 30 days, during which the Board is without sufficient
membership to constitute the quorum required by subsection (a)
of Section 5 of this Act, and provided further that such 120
day period shall not be stayed for lack of quorum beyond 30
days regardless of whether the lack of quorum exists at the
beginning of such 120-day 120 day period or occurs during the
running of such 120-day 120 day period.
(3) Paragraph (a)(2) shall not apply to any permit which is
subject to subsection (b), (d) or (e) of Section 39. If there
is no final action by the Board within 120 days after the date
on which it received the petition, the petitioner shall be
entitled to an Appellate Court order pursuant to subsection (d)
of Section 41 of this Act.
(b) If the Agency grants a RCRA permit for a hazardous
waste disposal site, a third party, other than the permit
applicant or Agency, may, within 35 days after the date on
which the Agency issued its decision, petition the Board for a
hearing to contest the issuance of the permit. Unless the Board
determines that such petition is duplicative or frivolous, or
that the petitioner is so located as to not be affected by the
permitted facility, the Board shall hear the petition in
accordance with the terms of subsection (a) of this Section and
its procedural rules governing denial appeals, such hearing to
be based exclusively on the record before the Agency. The
burden of proof shall be on the petitioner. The Agency and the
permit applicant shall be named co-respondents.
The provisions of this subsection do not apply to the
granting of permits issued for the disposal or utilization of
sludge from publicly-owned sewage works.
(c) Any party to an Agency proceeding conducted pursuant to
Section 39.3 of this Act may petition as of right to the Board
for review of the Agency's decision within 35 days from the
date of issuance of the Agency's decision, provided that such
appeal is not duplicative or frivolous. However, the 35-day
period for petitioning for a hearing may be extended by the
applicant for a period of time not to exceed 90 days by written
notice provided to the Board from the applicant and the Agency
within the initial appeal period. If another person with
standing to appeal wishes to obtain an extension, there must be
a written notice provided to the Board by that person, the
Agency, and the applicant, within the initial appeal period.
The decision of the Board shall be based exclusively on the
record compiled in the Agency proceeding. In other respects the
Board's review shall be conducted in accordance with subsection
(a) of this Section and the Board's procedural rules governing
permit denial appeals.
(d) In reviewing the denial or any condition of a NA NSR
permit issued by the Agency pursuant to rules and regulations
adopted under subsection (c) of Section 9.1 of this Act, the
decision of the Board shall be based exclusively on the record
before the Agency including the record of the hearing, if any,
unless the parties agree to supplement the record. The Board
shall, if it finds the Agency is in error, make a final
determination as to the substantive limitations of the permit
including a final determination of Lowest Achievable Emission
Rate.
(e)(1) If the Agency grants or denies a permit under
subsection (b) of Section 39 of this Act, a third party, other
than the permit applicant or Agency, may petition the Board
within 35 days from the date of issuance of the Agency's
decision, for a hearing to contest the decision of the Agency.
(2) A petitioner shall include the following within a
petition submitted under subdivision (1) of this subsection:
(A) a demonstration that the petitioner raised the
issues contained within the petition during the public
notice period or during the public hearing on the NPDES
permit application, if a public hearing was held; and
(B) a demonstration that the petitioner is so situated
as to be affected by the permitted facility.
(3) If the Board determines that the petition is not
duplicative or frivolous and contains a satisfactory
demonstration under subdivision (2) of this subsection, the
Board shall hear the petition (i) in accordance with the terms
of subsection (a) of this Section and its procedural rules
governing permit denial appeals and (ii) exclusively on the
basis of the record before the Agency. The burden of proof
shall be on the petitioner. The Agency and permit applicant
shall be named co-respondents.
(f) Any person who files a petition to contest the issuance
of a permit by the Agency shall pay a filing fee.
(Source: P.A. 99-463, eff. 1-1-16; revised 10-6-16.)
Section 615. The Wastewater Land Treatment Site Regulation
Act is amended by changing Section 2 as follows:
(415 ILCS 50/2) (from Ch. 111 1/2, par. 582)
Sec. 2. Definitions. As used in this Act unless the context
otherwise requires, the terms specified in the Sections
following this Section and preceding Section 3 Sections 2.01
through 2.07 have the meanings ascribed to them in those
Sections.
(Source: P.A. 78-350; revised 10-5-16.)
Section 620. The Illinois Pesticide Act is amended by
changing Sections 4 and 9 as follows:
(415 ILCS 60/4) (from Ch. 5, par. 804)
Sec. 4. Definitions. As used in this Act:
1. "Director" means Director of the Illinois Department of
Agriculture or his authorized representative.
2. "Active Ingredient" means any ingredient which will
prevent, destroy, repel, control or mitigate a pest or which
will act as a plant regulator, defoliant or desiccant.
3. "Adulterated" shall apply to any pesticide if the
strength or purity is not within the standard of quality
expressed on the labeling under which it is sold, distributed
or used, including any substance which has been substituted
wholly or in part for the pesticide as specified on the
labeling under which it is sold, distributed or used, or if any
valuable constituent of the pesticide has been wholly or in
part abstracted.
4. "Agricultural Commodity" means produce of the land
including but not limited to plants and plant parts, livestock
and poultry and livestock or poultry products, seeds, sod,
shrubs and other products of agricultural origin including the
premises necessary to and used directly in agricultural
production. Agricultural commodity also includes aquatic
products as defined in the Aquaculture Development Act.
5. "Animal" means all vertebrate and invertebrate species
including, but not limited to, man and other mammals, bird,
fish, and shellfish.
6. "Beneficial Insects" means those insects which during
their life cycle are effective pollinators of plants, predators
of pests or are otherwise beneficial.
7. "Certified applicator".
A. "Certified applicator" means any individual who is
certified under this Act to purchase, use, or supervise the
use of pesticides which are classified for restricted use.
B. "Private applicator" means a certified applicator
who purchases, uses, or supervises the use of any pesticide
classified for restricted use, for the purpose of producing
any agricultural commodity on property owned, rented, or
otherwise controlled by him or his employer, or applied to
other property if done without compensation other than
trading of personal services between no more than 2
producers of agricultural commodities.
C. "Licensed Commercial Applicator" means a certified
applicator, whether or not he is a private applicator with
respect to some uses, who owns or manages a business that
is engaged in applying pesticides, whether classified for
general or restricted use, for hire. The term also applies
to a certified applicator who uses or supervises the use of
pesticides, whether classified for general or restricted
use, for any purpose or on property of others excluding
those specified by subparagraphs 7 (B), (D), (E) of Section
4 of this Act.
D. "Commercial Not For Hire Applicator" means a
certified applicator who uses or supervises the use of
pesticides classified for general or restricted use for any
purpose on property of an employer when such activity is a
requirement of the terms of employment and such application
of pesticides under this certification is limited to
property under the control of the employer only and
includes, but is not limited to, the use or supervision of
the use of pesticides in a greenhouse setting. "Commercial
Not For Hire Applicator" also includes a certified
applicator who uses or supervises the use of pesticides
classified for general or restricted use as an employee of
a state agency, municipality, or other duly constituted
governmental agency or unit.
8. "Defoliant" means any substance or combination of
substances which cause leaves or foliage to drop from a plant
with or without causing abscission.
9. "Desiccant" means any substance or combination of
substances intended for artificially accelerating the drying
of plant tissue.
10. "Device" means any instrument or contrivance, other
than a firearm or equipment for application of pesticides when
sold separately from pesticides, which is intended for
trapping, repelling, destroying, or mitigating any pest, other
than bacteria, virus, or other microorganisms on or living in
man or other living animals.
11. "Distribute" means offer or hold for sale, sell,
barter, ship, deliver for shipment, receive and then deliver,
or offer to deliver pesticides, within the State.
12. "Environment" includes water, air, land, and all plants
and animals including man, living therein and the
interrelationships which exist among these.
13. "Equipment" means any type of instruments and
contrivances using motorized, mechanical or pressure power
which is used to apply any pesticide, excluding pressurized
hand-size household apparatus containing dilute ready to apply
pesticide or used to apply household pesticides.
14. "FIFRA" means the "Federal Insecticide, Fungicide, and
Rodenticide Act", as amended.
15. "Fungi" means any non-chlorophyll bearing
thallophytes, any non-chlorophyll bearing plant of a lower
order than mosses or liverworts, as for example rust, smut,
mildew, mold, yeast and bacteria, except those on or in living
animals including man and those on or in processed foods,
beverages or pharmaceuticals.
16. "Household Substance" means any pesticide customarily
produced and distributed for use by individuals in or about the
household.
17. "Imminent Hazard" means a situation which exists when
continued use of a pesticide would likely result in
unreasonable adverse effect on the environment or will involve
unreasonable hazard to the survival of a species declared
endangered by the U.S. Secretary of the Interior or to species
declared to be protected by the Illinois Department of Natural
Resources.
18. "Inert Ingredient" means an ingredient which is not an
active ingredient.
19. "Ingredient Statement" means a statement of the name
and percentage of each active ingredient together with the
total percentage of inert ingredients in a pesticide and for
pesticides containing arsenic in any form, the ingredient
statement shall include percentage of total and water soluble
arsenic, each calculated as elemental arsenic. In the case of
spray adjuvants the ingredient statement need contain only the
names of the functioning agents and the total percent of those
constituents ineffective as spray adjuvants.
20. "Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously
segmented for the most part belonging to the class Insects,
comprised of six-legged, usually winged forms, as for example
beetles, caterpillars, and flies. This definition encompasses
other allied classes of arthropods whose members are wingless
and usually have more than 6 legs as for example spiders,
mites, ticks, centipedes, and millipedes.
21. "Label" means the written, printed or graphic matter on
or attached to the pesticide or device or any of its containers
or wrappings.
22. "Labeling" means the label and all other written,
printed or graphic matter: (a) on the pesticide or device or
any of its containers or wrappings, (b) accompanying the
pesticide or device or referring to it in any other media used
to disseminate information to the public, (c) to which
reference is made to the pesticide or device except when
references are made to current official publications of the U.
S. Environmental Protection Agency, Departments of
Agriculture, Health, Education and Welfare or other Federal
Government institutions, the state experiment station or
colleges of agriculture or other similar state institution
authorized to conduct research in the field of pesticides.
23. "Land" means all land and water area including
airspace, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant thereto or situated
thereon, fixed or mobile, including any used for
transportation.
24. "Licensed Operator" means a person employed to apply
pesticides to the lands of others under the direction of a
"licensed commercial applicator" or a "licensed commercial
not-for-hire applicator".
25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas
or eelworms, which are unsegmented roundworms with elongated
fusiform or sac-like bodies covered with cuticle and inhabiting
soil, water, plants or plant parts.
26. "Permit" means a written statement issued by the
Director or his authorized agent, authorizing certain acts of
pesticide purchase or of pesticide use or application on an
interim basis prior to normal certification, registration, or
licensing.
27. "Person" means any individual, partnership,
association, fiduciary, corporation, or any organized group of
persons whether incorporated or not.
28. "Pest" means (a) any insect, rodent, nematode, fungus,
weed, or (b) any other form of terrestrial or aquatic plant or
animal life or virus, bacteria, or other microorganism,
excluding virus, bacteria, or other microorganism on or in
living animals including man, which the Director declares to be
a pest.
29. "Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
30. "Pesticide Dealer" means any person who distributes
registered pesticides to the user.
31. "Plant Regulator" means any substance or mixture of
substances intended through physiological action to affect the
rate of growth or maturation or otherwise alter the behavior of
ornamental or crop plants or the produce thereof. This does not
include substances which are not intended as plant nutrient
trace elements, nutritional chemicals, plant or seed
inoculants or soil conditioners or amendments.
32. "Protect Health and Environment" means to guard against
any unreasonable adverse effects on the environment.
33. "Registrant" means person who has registered any
pesticide pursuant to the provision of FIFRA and this Act.
34. "Restricted Use Pesticide" means any pesticide with one
or more of its uses classified as restricted by order of the
Administrator of USEPA.
35. "SLN Registration" means registration of a pesticide
for use under conditions of special local need as defined by
FIFRA.
36. "State Restricted Pesticide Use" means any pesticide
use which the Director determines, subsequent to public
hearing, that an additional restriction for that use is needed
to prevent unreasonable adverse effects.
37. "Structural Pest" means any pests which attack and
destroy buildings and other structures or which attack
clothing, stored food, commodities stored at food
manufacturing and processing facilities or manufactured and
processed goods.
38. "Unreasonable Adverse Effects on the Environment"
means the unreasonable risk to the environment, including man,
from the use of any pesticide, when taking into account accrued
benefits of as well as the economic, social, and environmental
costs of its use.
39. "USEPA" means United States Environmental Protection
Agency.
40. "Use inconsistent with the label" means to use a
pesticide in a manner not consistent with the label
instruction, the definition adopted in FIFRA as interpreted by
USEPA shall apply in Illinois.
41. "Weed" means any plant growing in a place where it is
not wanted.
42. "Wildlife" means all living things, not human,
domestic, or pests.
43. "Bulk pesticide" means any registered pesticide which
is transported or held in an individual container in undivided
quantities of greater than 55 U.S. gallons liquid measure or
100 pounds net dry weight.
44. "Bulk repackaging" means the transfer of a registered
pesticide from one bulk container (containing undivided
quantities of greater than 100 U.S. gallons liquid measure or
100 pounds net dry weight) to another bulk container
(containing undivided quantities of greater than 100 U.S.
gallons liquid measure or 100 pounds net dry weight) in an
unaltered state in preparation for sale or distribution to
another person.
45. "Business" means any individual, partnership,
corporation or association engaged in a business operation for
the purpose of selling or distributing pesticides or providing
the service of application of pesticides in this State.
46. "Facility" means any building or structure and all real
property contiguous thereto, including all equipment fixed
thereon used for the operation of the business.
47. "Chemigation" means the application of a pesticide
through the systems or equipment employed for the primary
purpose of irrigation of land and crops.
48. "Use" means any activity covered by the pesticide label
including but not limited to application of pesticide, mixing
and loading, storage of pesticides or pesticide containers,
disposal of pesticides and pesticide containers and reentry
into treated sites or areas.
(Source: P.A. 98-756, eff. 7-16-14; 99-540, eff. 1-1-17;
revised 10-6-16.)
(415 ILCS 60/9) (from Ch. 5, par. 809)
Sec. 9. Licenses and pesticide dealer registrations
requirements; certification.
(a) Licenses and pesticide dealer registrations issued
pursuant to this Act as a result of certification attained in
calendar year 2017 or earlier shall be valid for the calendar
year in which they were issued, except that private applicator
licenses shall be valid for the calendar year in which they
were issued plus 2 additional calendar years. All licenses and
pesticide dealer registrations shall expire on December 31 of
the year in which they are it is to expire. A license or
pesticide dealer registration in effect on the 31st of
December, for which renewal has been made within 60 days
following the date of expiration, shall continue in full force
and effect until the Director notifies the applicant that
renewal has been approved and accepted or is to be denied in
accordance with this Act. The Director shall not issue a
license or pesticide dealer registration to a first time
applicant or to a person who has not made application for
renewal on or before March 1 following the expiration date of
the license or pesticide dealer registration until such
applicant or person has been certified by the Director as
having successfully demonstrated competence and knowledge
regarding pesticide use. The Director shall issue a license or
pesticide dealer registration to a person that made application
after March 1 and before April 15 if that application is
accompanied by a late application fee. A licensee or pesticide
dealer shall be required to be recertified for competence and
knowledge regarding pesticide use at least once every 3 years
and at such other times as deemed necessary by the Director to
assure a continued level of competence and ability. The
Director shall by regulation specify the standard of
qualification for certification and the manner of establishing
an applicant's competence and knowledge. A certification shall
remain valid only if an applicant attains licensure or
pesticide dealer registration during the calendar year in which
certification was granted and the licensure is maintained
throughout the 3-year certification period.
(b) Multi-year licenses and pesticide dealer registrations
issued pursuant to this Act as a result of certification
attained in calendar year 2018 or thereafter shall be valid for
the calendar year in which they were issued plus 2 additional
calendar years. All licenses and pesticide dealer
registrations shall expire on December 31 of the year in which
they are to expire. A license or pesticide dealer registration
in effect on the 31st of December, for which recertification
and licensure has been made within 60 days following the date
of expiration, shall continue in full force and effect until
the Director notifies the applicant that recertification and
licensure has been approved and accepted or is to be denied in
accordance with this Act. A licensee or pesticide dealer shall
be required to be recertified for competence and knowledge
regarding pesticide use at least once every 3 years and at such
other times as deemed necessary by the Director to assure a
continued level of competence and ability. The Director shall
by rule specify the standard of qualification for certification
and the manner of establishing the applicant's competence and
knowledge. A certification shall remain valid only if an
applicant attains licensure or pesticide dealer registration
during the calendar year in which certification was granted and
the licensure is maintained throughout the 3-year
certification period. Notwithstanding the other provisions of
this subsection (b), the employer of a pesticide applicator or
operator licensee may notify the Director that the licensee's
employment has been terminated. If the employer submits that
notification, the employer shall return to the Director the
licensee's pesticide applicator or operator license card and
may request that the unused portion of the terminated
licensee's pesticide applicator or operator license term be
transferred to a newly certified or re-certified individual,
and the Director may issue the appropriate pesticide applicator
or operator license to the newly certified or re-certified
individual with an expiration date equal to the original
license after payment of a $10 transfer fee.
(c) The Director may refuse to issue a license or pesticide
dealer registration based upon the violation history of the
applicant.
(Source: P.A. 98-923, eff. 1-1-15; 99-540, eff. 1-1-17; revised
10-6-16.)
Section 625. The Mercury Thermostat Collection Act is
amended by changing Section 25 as follows:
(415 ILCS 98/25)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25. Collection goals. The collection programs
established by thermostat manufacturers under this Act shall be
designed to collectively achieve the following statewide
goals:
(a) For calendar year 2011, the collection of least
5,000 mercury thermostats taken out of service in the State
during the calendar year.
(b) For calendar years 2012, 2013, and 2014, the
collection of at least 15,000 mercury thermostats taken out
of service in the State during each calendar year.
(c) For calendar years 2015 through 2020, the
collection goals shall be established by the Agency. The
Agency shall establish collection goals no later than
November 1, 2014. The collection goals established by the
Agency shall maximize the annual collection of
out-of-service mercury thermostats in the State. In
developing the collection goals, the Agency shall take into
account, at a minimum, (i) the effectiveness of collection
programs for out-of-service mercury thermostats in the
State and other states, including education and outreach
efforts, (ii) collection requirements in other states,
(iii) any reports or studies on the number of
out-of-service mercury thermostats that are available for
collection in this State, other states, and nationally, and
(iv) other factors. Prior to establishing the collection
goals, the Agency shall consult with stakeholder groups
that include, at a minimum, representatives of thermostat
manufacturers, environmental groups, thermostat
wholesalers, contractors, and thermostat retailers.
(d) The collection goals established by the Agency under
subsection (c) of this Section are statements of general
applicability under Section 1-70 of the Illinois
Administrative Procedure Act and shall be adopted in accordance
with the procedures of that Act. Any person adversely affected
by a goal established by the Agency under subsection (c) of
this Section may obtain a determination of the validity or
application of the goal by filing a petition for review within
35 days after the date the adopted goal is published in the
Illinois Register pursuant to subsection (d) of Section 5-40 40
of the Illinois Administrative Procedure Act. Review shall be
afforded directly in the Appellate Court for the District in
which the cause of action arose and not the Circuit Court.
During the pendency of the review, the goal under review shall
remain in effect.
(e) For the purposes of determining compliance with the
collection goals established under this Section, for calendar
year 2015 and for each calendar year thereafter, the number of
out-of-service mercury thermostats represented by loose
ampoules shall be calculated:
(1) using a conversion factor such that each loose
mercury ampoule collected shall be deemed the
equivalent of 0.85 mercury thermostats; or
(2) using an alternative conversion factor
determined by the manufacturer or group of
manufacturers.
A manufacturer or group of manufacturers shall include
data and calculations to support its use of an alternative
conversion factor.
(Source: P.A. 99-122, eff. 7-23-15; revised 10-26-16.)
Section 635. The Firearm Owners Identification Card Act is
amended by changing Section 9 as follows:
(430 ILCS 65/9) (from Ch. 38, par. 83-9)
Sec. 9. Every person whose application for a Firearm
Owner's Identification Card is denied, and every holder of such
a Card whose Card is revoked or seized, shall receive a written
notice from the Department of State Police stating specifically
the grounds upon which his application has been denied or upon
which his Identification Card has been revoked. The written
notice shall include the requirements of Section 9.5 of this
Act and the person's persons's right to administrative or
judicial review under Section 10 and 11 of this Act. A copy of
the written notice shall be provided to the sheriff and law
enforcement agency where the person resides.
(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; revised
10-5-16.)
Section 640. The Livestock Management Facilities Act is
amended by changing Section 30 as follows:
(510 ILCS 77/30)
Sec. 30. Certified Livestock Manager. The Department shall
establish a Certified Livestock Manager program in conjunction
with the livestock industry that will enhance management skills
in critical areas, such as environmental awareness, safety
concerns, odor control techniques and technology, neighbor
awareness, current best management practices, and the
developing and implementing of manure management plans.
(a) Applicability. A livestock waste handling facility
serving 300 or greater animal units shall be operated only
under the supervision of a certified livestock manager.
Notwithstanding Not withstanding the before-stated provision,
a livestock waste handling facility may be operated on an
interim basis, but not to exceed 6 months, to allow for the
owner or operator of the facility to become certified.
(b) A certification program shall include the following:
(1) A general working knowledge of best management
practices.
(2) A general working knowledge of livestock waste
handling practices and procedures.
(3) A general working knowledge of livestock
management operations and related safety issues.
(4) An awareness and understanding of the
responsibility of the owner or operator for all employees
who may be involved with waste handling.
(c) Any certification issued shall be valid for 3 years and
thereafter be subject to renewal. A renewal shall be valid for
a 3 year period and the procedures set forth in this Section
shall be followed. The Department may require anyone who is
certified to be recertified in less than 3 years for just cause
including but not limited to repeated complaints where
investigations reveal the need to improve management
practices.
(d) Methods for obtaining certified livestock manager
status.
(1) The owner or operator of a livestock waste handling
facility serving 300 or greater animal units but less than
1,000 animal units shall become a certified livestock
manager by:
(A) attending a training session conducted by the
Department of Agriculture, Cooperative Extension
Service, or any agriculture association, which has
been approved by or is in cooperation with the
Department; or
(B) in lieu of attendance at a training session,
successfully completing a written competency
examination.
(2) The owner or operator of a livestock waste handling
facility serving 1,000 or greater animal units shall become
a certified livestock manager by attending a training
session conducted by the Department of Agriculture,
Cooperative Extension Service, or any agriculture
association, which has been approved by or is in
cooperation with the Department and successfully
completing a written competency examination.
(e) The certified livestock manager certificate shall be
issued by the Department and shall indicate that the person
named on the certificate is certified as a livestock management
facility manager, the dates of certification, and when renewal
is due.
(f) For the years prior to 2011, the Department shall
charge $10 for the issuance or renewal of a certified livestock
manager certificate. For the years 2011 and thereafter, the
Department shall charge $30 for the issuance or renewal of a
certified livestock manager certificate. The Department may,
by rule, establish fees to cover the costs of materials and
training for training sessions given by the Department.
(g) The owner or operator of a livestock waste handling
facility operating in violation of the provisions of subsection
(a) of this Section shall be issued a warning letter for the
first violation and shall be required to have a certified
manager for the livestock waste handling facility within 30
working days. For failure to comply with the warning letter
within the 30 day period, the person shall be fined an
administrative penalty of up to $1,000 by the Department and
shall be required to enter into an agreement to have a
certified manager for the livestock waste handling facility
within 30 working days. For continued failure to comply, the
Department may issue an operational cease and desist order
until compliance is attained.
(Source: P.A. 96-1310, eff. 7-27-10; revised 10-5-16.)
Section 645. The Wildlife Code is amended by changing
Section 2.33a as follows:
(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
Sec. 2.33a. Trapping.
(a) It is unlawful to fail to visit and remove all animals
from traps staked out, set, used, tended, placed or maintained
at least once each calendar day.
(b) It is unlawful for any person to place, set, use, or
maintain a leghold trap or one of similar construction on land,
that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or
a body-gripping trap or one of similar construction having a
jaw spread larger than 7 inches (17.8 CM) on a side if square
and 8 inches (20.4 CM) if round.
(c) It is unlawful for any person to place, set, use, or
maintain a leghold trap or one of similar construction in
water, that has a jaw spread of larger than 7 1/2 inches (19.1
CM), or a body-gripping trap or one of similar construction
having a jaw spread larger than 10 inches (25.4 CM) on a side
if square and 12 inches (30.5 CM) if round.
(d) It is unlawful to use any trap with saw-toothed,
spiked, or toothed jaws.
(e) It is unlawful to destroy, disturb or in any manner
interfere with dams, lodges, burrows or feed beds of beaver
while trapping for beaver or to set a trap inside a muskrat
house or beaver lodge, except that this shall not apply to
Drainage Districts that who are acting pursuant to the
provisions of Section 2.37.
(f) It is unlawful to trap beaver or river otter with: (1)
a leghold trap or one of similar construction having a jaw
spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
inches (19.1 CM), or (2) a body-gripping trap or one of similar
construction having a jaw spread of less than 7 inches (17.7
CM) or more than 10 inches (25.4 CM) on a side if square and 12
inches (30.5 CM) if round, except that these restrictions shall
not apply during the open season for trapping raccoons.
(g) It is unlawful to set traps closer than 10 feet (3.05
M) from any hole or den which may be occupied by a game mammal
or fur-bearing mammal except that this restriction shall not
apply to water sets.
(h) It is unlawful to trap or attempt to trap any
fur-bearing mammal with any colony, cage, box, or stove-pipe
trap designed to take more than one mammal at a single setting.
(i) It is unlawful for any person to set or place any trap
designed to take any fur-bearing mammal protected by this Act
during the closed trapping season. Proof that any trap was
placed during the closed trapping season shall be deemed prima
facie evidence of a violation of this provision.
(j) It is unlawful to place, set, or maintain any leghold
trap or one of similar construction within thirty (30) feet
(9.14 m) of bait placed in such a manner or position that it is
not completely covered and concealed from sight, except that
this shall not apply to underwater sets. Bait shall mean and
include any bait composed of mammal, bird, or fish flesh, fur,
hide, entrails or feathers.
(k) (Blank).
(l) It is unlawful for any person to place, set, use or
maintain a snare trap or one of similar construction in water,
that has a loop diameter exceeding 15 inches (38.1 CM) or a
cable or wire diameter of more than 1/8 inch (3.2 MM) or less
than 5/64 inch (2.0 MM), that is constructed of stainless steel
metal cable or wire, and that does not have a mechanical lock,
anchor swivel and stop device to prevent the mechanical lock
from closing the noose loop to a diameter of less than 2 1/2
inches (6.4 CM).
(m) It is unlawful to trap muskrat or mink with (1) a
leghold trap or one of similar construction or (2) a
body-gripping trap or one of similar construction unless the
body-gripping trap or similar trap is completely submerged
underwater when set. These restrictions shall not apply during
the open season for trapping raccoons.
(Source: P.A. 99-33, eff. 1-1-16; revised 10-27-16.)
Section 650. The Illinois Vehicle Code is amended by
changing Sections 1-132, 2-115, 3-114.1, 3-414, 3-506,
3-699.14, 3-704.1, 3-809, 6-106, 7-311, 11-905, 11-907,
11-908, 11-1431, 15-107, and 18c-7402 as follows:
(625 ILCS 5/1-132) (from Ch. 95 1/2, par. 1-132)
Sec. 1-132. Intersection.
(a) The area embraced within the prolongation or connection
of the lateral curb lines, or, if none, then the lateral
boundary lines of the roadways of two highways which join one
another at, or approximately at, right angles or the area
within which vehicles traveling upon different roadways
joining at any other angle may come in conflict.
(b) Where a highway includes two roadways 40 feet or more
apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a
separate intersection.
(c) The junction of an alley with a street or highway does
not constitute an intersection.
(Source: P.A. 77-321; revised 9-14-16.)
(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
Sec. 2-115. Investigators.
(a) The Secretary of State, for the purpose of more
effectively carrying out the provisions of the laws in relation
to motor vehicles, shall have power to appoint such number of
investigators as he may deem necessary. It shall be the duty of
such investigators to investigate and enforce violations of the
provisions of this Act administered by the Secretary of State
and provisions of Chapters 11, 12, 13, 14, and 15 and to
investigate and report any violation by any person who operates
as a motor carrier of property as defined in Section 18-100 of
this Act and does not hold a valid certificate or permit. Such
investigators shall have and may exercise throughout the State
all of the powers of peace officers.
No person may be retained in service as an investigator
under this Section after he or she has reached 60 years of age,
except for a person employed in the title of Capitol Police
Investigator and who began employment on or after January 1,
2011, in which case, that person they may not be retained in
service after that person has reached 65 years of age.
The Secretary of State must authorize to each investigator
employed under this Section and to any other employee of the
Office of the Secretary of State exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Office of the
Secretary of State and (ii) contains a unique identifying
number. No other badge shall be authorized by the Office of the
Secretary of State.
(b) The Secretary may expend such sums as he deems
necessary from Contractual Services appropriations for the
Department of Police for the purchase of evidence, for the
employment of persons to obtain evidence, and for the payment
for any goods or services related to obtaining evidence. Such
sums shall be advanced to investigators authorized by the
Secretary to expend funds, on vouchers signed by the Secretary.
In addition, the Secretary of State is authorized to maintain
one or more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys
to be used solely for the purchase of evidence and for the
employment of persons to obtain evidence, or for the payment
for any goods or services related to obtaining evidence;
provided that no check may be written on nor any withdrawal
made from any such account except on the written signatures of
2 persons designated by the Secretary to write such checks and
make such withdrawals, and provided further that the balance of
moneys on deposit in any such account shall not exceed $5,000
at any time, nor shall any one check written on or single
withdrawal made from any such account exceed $5,000.
All fines or moneys collected or received by the Department
of Police under any State or federal forfeiture statute;
including, but not limited to moneys forfeited under Section 12
of the Cannabis Control Act, moneys forfeited under Section 85
of the Methamphetamine Control and Community Protection Act,
and moneys distributed under Section 413 of the Illinois
Controlled Substances Act, shall be deposited into the
Secretary of State Evidence Fund.
In all convictions for offenses in violation of this Act,
the Court may order restitution to the Secretary of any or all
sums expended for the purchase of evidence, for the employment
of persons to obtain evidence, and for the payment for any
goods or services related to obtaining evidence. All such
restitution received by the Secretary shall be deposited into
the Secretary of State Evidence Fund. Moneys deposited into the
fund shall, subject to appropriation, be used by the Secretary
of State for the purposes provided for under the provisions of
this Section.
(Source: P.A. 99-896, eff. 1-1-17; revised 10-25-16.)
(625 ILCS 5/3-114.1)
Sec. 3-114.1. Transfers to and from charitable
organizations. When a charitable not-for-profit organization
that is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code becomes the recipient of
a motor vehicle by means of a donation from an individual, the
organization need not send the certificate of title to the
Secretary of State. Upon transferring the motor vehicle, the
organization shall promptly and within 20 days execute the
reassignment to reflect the transfer from the organization to
the purchaser. The organization is specifically authorized to
complete and execute the space reserved in the certificate of
title for a dealer reassignment, notwithstanding not
withstanding that the organization is not a licensed dealer.
Nothing in this Section shall be construed to require the
organization to become a licensed vehicle dealer.
(Source: P.A. 92-495, eff. 1-1-02; revised 9-14-16.)
(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
Sec. 3-414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every
registration card and registration plate or registration
sticker issued hereunder to a vehicle shall be for the periods
specified in this Chapter and shall expire at midnight on the
day and date specified in this Section as follows:
1. When registered on a calendar year basis commencing
January 1, expiration shall be on the 31st day of December
or at such other date as may be selected in the discretion
of the Secretary of State; however, through December 31,
2004, registrations of apportionable vehicles,
motorcycles, motor driven cycles and pedalcycles shall
commence on the first day of April and shall expire March
31st of the following calendar year;
1.1. Beginning January 1, 2005, registrations of
motorcycles and motor driven cycles shall commence on
January 1 and shall expire on December 31 or on another
date that may be selected by the Secretary; registrations
of apportionable vehicles and pedalcycles, however, shall
commence on the first day of April and shall expire March
31 of the following calendar year;
2. When registered on a 2 calendar year basis
commencing January 1 of an even-numbered year, expiration
shall be on the 31st day of December of the ensuing
odd-numbered year, or at such other later date as may be
selected in the discretion of the Secretary of State not
beyond March 1 next;
3. When registered on a fiscal year basis commencing
July 1, expiration shall be on the 30th day of June or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
4. When registered on a 2 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the ensuing even-numbered year, or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
5. When registered on a 4 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the second ensuing even-numbered year,
or at such other later date as may be selected in the
discretion of the Secretary of State not beyond September 1
next. ;
(a-5) The Secretary may, in his or her discretion, require
an owner of a motor vehicle of the first division or a motor
vehicle of the second division weighing not more than 8,000
pounds to select the owner's birthday as the date of
registration expiration under this Section. If the motor
vehicle has more than one registered owner, the owners may
select one registered owner's birthday as the date of
registration expiration. The Secretary may adopt any rules
necessary to implement this subsection.
(b) Vehicle registrations of vehicles of the first division
shall be for a calendar year, 2 calendar year, 3 calendar year,
or 5 calendar year basis as provided for in this Chapter.
Vehicle registrations of vehicles under Sections 3-807,
3-808 and 3-809 shall be on an indefinite term basis or a 2
calendar year basis as provided for in this Chapter.
Vehicle registrations for vehicles of the second division
shall be for a fiscal year, 2 fiscal year or calendar year
basis as provided for in this Chapter.
Motor vehicles registered under the provisions of Section
3-402.1 shall be issued multi-year registration plates with a
new registration card issued annually upon payment of the
appropriate fees. Motor vehicles registered under the
provisions of Section 3-405.3 shall be issued multi-year
registration plates with a new multi-year registration card
issued pursuant to subsections (j), (k), and (l) of this
Section upon payment of the appropriate fees. Apportionable
trailers and apportionable semitrailers registered under the
provisions of Section 3-402.1 shall be issued multi-year
registration plates and cards that will be subject to
revocation for failure to pay annual fees required by Section
3-814.1. The Secretary shall determine when these vehicles
shall be issued new registration plates.
(c) Every vehicle registration specified in Section 3-810
and every registration card and registration plate or
registration sticker issued thereunder shall expire on the 31st
day of December of each year or at such other date as may be
selected in the discretion of the Secretary of State.
(d) Every vehicle registration for a vehicle of the second
division weighing over 8,000 pounds, except as provided in
paragraph (g) of this Section, and every registration card and
registration plate or registration sticker, where applicable,
issued hereunder to such vehicles shall be issued for a fiscal
year commencing on July 1st of each registration year. However,
the Secretary of State may, pursuant to an agreement or
arrangement or declaration providing for apportionment of a
fleet of vehicles with other jurisdictions, provide for
registration of such vehicles under apportionment or for all of
the vehicles registered in Illinois by an applicant who
registers some of his vehicles under apportionment on a
calendar year basis instead, and the fees or taxes to be paid
on a calendar year basis shall be identical to those specified
in this Act for a fiscal year registration. Provision for
installment payment may also be made.
(e) Semitrailer registrations under apportionment may be
on a calendar year under a reciprocal agreement or arrangement
and all other semitrailer registrations shall be on fiscal year
or 2 fiscal year or 4 fiscal year basis as provided for in this
Chapter.
(f) The Secretary of State may convert annual registration
plates or 2-year registration plates, whether registered on a
calendar year or fiscal year basis, to multi-year plates. The
determination of which plate categories and when to convert to
multi-year plates is solely within the discretion of the
Secretary of State.
(g) After January 1, 1975, each registration, registration
card and registration plate or registration sticker, where
applicable, issued for a recreational vehicle or recreational
or camping trailer, except a house trailer, used exclusively by
the owner for recreational purposes, and not used commercially
nor as a truck or bus, nor for hire, shall be on a calendar year
basis; except that the Secretary of State shall provide for
registration and the issuance of registration cards and plates
or registration stickers, where applicable, for one 6-month
period in order to accomplish an orderly transition from a
fiscal year to a calendar year basis. Fees and taxes due under
this Act for a registration year shall be appropriately reduced
for such 6-month transitional registration period.
(h) The Secretary of State may, in order to accomplish an
orderly transition for vehicles registered under Section
3-402.1 of this Code from a calendar year registration to a
March 31st expiration, require applicants to pay fees and taxes
due under this Code on a 15 month registration basis. However,
if in the discretion of the Secretary of State this creates an
undue hardship on any applicant the Secretary may allow the
applicant to pay 3 month fees and taxes at the time of
registration and the additional 12 month fees and taxes to be
payable no later than March 31, 1992 31 of the year after this
amendatory Act of 1991 takes effect.
(i) The Secretary of State may stagger registrations, or
change the annual expiration date, as necessary for the
convenience of the public and the efficiency of his Office. In
order to appropriately and effectively accomplish any such
staggering, the Secretary of State is authorized to prorate all
required registration fees, rounded to the nearest dollar, but
in no event for a period longer than 18 months, at a monthly
rate for a 12 month registration fee.
(j) The Secretary of State may enter into an agreement with
a rental owner, as defined in Section 3-400 of this Code, who
registers a fleet of motor vehicles of the first division
pursuant to Section 3-405.3 of this Code to provide for the
registration of the rental owner's vehicles on a 2 or 3
calendar year basis and the issuance of multi-year registration
plates with a new registration card issued up to every 3 years.
(k) The Secretary of State may provide multi-year
registration cards for any registered fleet of motor vehicles
of the first or second division that are registered pursuant to
Section 3-405.3 of this Code. Each motor vehicle of the
registered fleet must carry an unique multi-year registration
card that displays the vehicle identification number of the
registered motor vehicle. The Secretary of State shall
promulgate rules in order to implement multi-year
registrations.
(l) Beginning with the 2018 registration year, the
Secretary of State may enter into an agreement with a rental
owner, as defined in Section 3-400 of this Code, who registers
a fleet of motor vehicles of the first division under Section
3-405.3 of this Code to provide for the registration of the
rental owner's vehicle on a 5 calendar year basis. Motor
vehicles registered on a 5 calendar year basis shall be issued
a distinct registration plate that expires on a 5-year cycle.
The Secretary may prorate the registration of these
registration plates to the length of time remaining in the
5-year cycle. The Secretary may adopt any rules necessary to
implement this subsection.
(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; revised
10-26-16.)
(625 ILCS 5/3-506)
Sec. 3-506. Transfer of plates to spouses of military
service members. Upon the death of a military service member
who has been issued a special plate plates under Section
3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626,
3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667,
3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688,
3-693, 3-698, or 3-699.12 of this Code, the surviving spouse of
that service member may retain the plate so long as that spouse
is a resident of Illinois and transfers the registration to his
or her name within 180 days of the death of the service member.
For the purposes of this Section, "service member" means
any individual who is serving or has served in any branch of
the United States Armed Forces, including the National Guard or
other reserve components of the Armed Forces, and has been
issued a special plate listed in this Section.
(Source: P.A. 99-805, eff. 1-1-17; revised 10-27-16.)
(625 ILCS 5/3-699.14)
Sec. 3-699.14. Universal special license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary, may issue
Universal special license plates to residents of Illinois on
behalf of organizations that have been authorized by the
General Assembly to issue decals for Universal special license
plates. Appropriate documentation, as determined by the
Secretary, shall accompany each application. Authorized
organizations shall be designated by amendment to this Section.
When applying for a Universal special license plate the
applicant shall inform the Secretary of the name of the
authorized organization from which the applicant will obtain a
decal to place on the plate. The Secretary shall make a record
of that organization and that organization shall remain
affiliated with that plate until the plate is surrendered,
revoked, or otherwise cancelled. The authorized organization
may charge a fee to offset the cost of producing and
distributing the decal, but that fee shall be retained by the
authorized organization and shall be separate and distinct from
any registration fees charged by the Secretary. No decal,
sticker, or other material may be affixed to a Universal
special license plate other than a decal authorized by the
General Assembly in this Section or a registration renewal
sticker. The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division,
including motorcycles and autocycles, or motor vehicles of the
second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
multi-year procedure under Section 3-414.1 of this Code.
(b) The design, color, and format of the Universal special
license plate shall be wholly within the discretion of the
Secretary. Universal special license plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The design shall allow for the
application of a decal to the plate. Organizations authorized
by the General Assembly to issue decals for Universal special
license plates shall comply with rules adopted by the Secretary
governing the requirements for and approval of Universal
special license plate decals. The Secretary may, in his or her
discretion, allow Universal special license plates to be issued
as vanity or personalized plates in accordance with Section
3-405.1 of this Code. The Secretary of State must make a
version of the special registration plates authorized under
this Section in a form appropriate for motorcycles and
autocycles.
(c) When authorizing a Universal special license plate, the
General Assembly shall set forth whether an additional fee is
to be charged for the plate and, if a fee is to be charged, the
amount of the fee and how the fee is to be distributed. When
necessary, the authorizing language shall create a special fund
in the State treasury into which fees may be deposited for an
authorized Universal special license plate. Additional fees
may only be charged if the fee is to be paid over to a State
agency or to a charitable entity that is in compliance with the
registration and reporting requirements of the Charitable
Trust Act and the Solicitation for Charity Act. Any charitable
entity receiving fees for the sale of Universal special license
plates shall annually provide the Secretary of State a letter
of compliance issued by the Attorney General verifying that the
entity is in compliance with the Charitable Trust Act and the
Solicitation for Charity Act.
(d) Upon original issuance and for each registration
renewal period, in addition to the appropriate registration
fee, if applicable, the Secretary shall collect any additional
fees, if required, for issuance of Universal special license
plates. The fees shall be collected on behalf of the
organization designated by the applicant when applying for the
plate. All fees collected shall be transferred to the State
agency on whose behalf the fees were collected, or paid into
the special fund designated in the law authorizing the
organization to issue decals for Universal special license
plates. All money in the designated fund shall be distributed
by the Secretary subject to appropriation by the General
Assembly.
(e) The following organizations may issue decals for
Universal special license plates with the original and renewal
fees and fee distribution as follows:
(1) The Illinois Department of Natural Resources.
(A) Original issuance: $25; with $10 to the
Roadside Monarch Habitat Fund and $15 to the Secretary
of State Special Plate Fund.
(B) Renewal: $25; with $23 to the Roadside Monarch
Habitat Fund and $2 to the Secretary of State Special
Plate Fund.
(2) (1) Illinois Veterans' Homes.
(A) Original issuance: $26, which shall be
deposited into the Illinois Veterans' Homes Fund.
(B) Renewal: $26, which shall be deposited into the
Illinois Veterans' Homes Fund.
(f) The following funds are created as special funds in the
State treasury:
(1) The Roadside Monarch Habitat Fund. All moneys to be
paid as grants to the Illinois Department of Natural
Resources to fund roadside monarch and other pollinator
habitat development, enhancement, and restoration projects
in this State.
(Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814,
eff. 1-1-17; revised 9-12-16.)
(625 ILCS 5/3-704.1)
Sec. 3-704.1. Municipal vehicle tax liability; suspension
of registration.
(a) As used in this Section:
(1) "Municipality" means a city, village or
incorporated town with a population over 1,000,000.
(2) "Vehicle tax" means a motor vehicle tax and any
related late fees or charges imposed by a municipality
under Section 8-11-4 of or the Illinois Municipal Code or
under the municipality's home rule powers.
(3) "Vehicle owner" means the registered owner or
owners of a vehicle who are residents of the municipality.
(b) A municipality that imposes a vehicle tax may, by
ordinance adopted under this Section, establish a system
whereby the municipality notifies the Secretary of State of
vehicle tax liability and the Secretary of State suspends the
registration of vehicles for which the tax has not been paid.
An ordinance establishing a system must provide for the
following:
(1) A first notice for failure to pay a vehicle tax
shall be sent by first class mail to the vehicle owner at
the owner's address recorded with the Secretary of State
whenever the municipality has reasonable cause to believe
that the vehicle owner has failed to pay a vehicle tax as
required by ordinance. The notice shall include at least
the following:
(A) The name and address of the vehicle owner.
(B) The registration plate number of the vehicle.
(C) The period for which the vehicle tax is due.
(D) The amount of vehicle tax that is due.
(E) A statement that the vehicle owner's
registration for the vehicle will be subject to
suspension proceedings unless the vehicle owner pays
the vehicle tax or successfully contests the owner's
alleged liability within 30 days of the date of the
notice.
(F) An explanation of the vehicle owner's
opportunity to be heard under subsection (c).
(2) If a vehicle owner fails to pay the vehicle tax or
to contest successfully the owner's alleged liability
within the period specified in the first notice, a second
notice of impending registration suspension shall be sent
by first class mail to the vehicle owner at the owner's
address recorded with the Secretary of State. The notice
shall contain the same information as the first notice, but
shall also state that the failure to pay the amount owing,
or to contest successfully the alleged liability within 45
days of the date of the second notice, will result in the
municipality's notification of the Secretary of State that
the vehicle owner is eligible for initiation of suspension
proceedings under this Section.
(c) An ordinance adopted under this Section must also give
the vehicle owner an opportunity to be heard upon the filing of
a timely petition with the municipality. A vehicle owner may
contest the alleged tax liability either through an
adjudication by mail or at an administrative hearing, at the
option of the vehicle owner. The grounds upon which the
liability may be contested may be limited to the following:
(1) The alleged vehicle owner does not own the vehicle.
(2) The vehicle is not subject to the vehicle tax by
law.
(3) The vehicle tax for the period in question has been
paid.
At an administrative hearing, the formal or technical rules
of evidence shall not apply. The hearing shall be recorded. The
person conducting the hearing shall have the power to
administer oaths and to secure by subpoena the attendance and
testimony of witnesses and the production of relevant
documents.
(d) If a vehicle owner who has been sent a first notice of
failure to pay a vehicle tax and a second notice of impending
registration suspension fails to pay the vehicle tax or to
contest successfully the vehicle owner's liability within the
periods specified in the notices, the appropriate official
shall cause a certified report to be sent to the Secretary of
State under subsection (e).
(e) A report of a municipality notifying the Secretary of
State of a vehicle owner's failure to pay a vehicle tax or
related fines or penalties under this Section shall be
certified by the appropriate official and shall contain the
following:
(1) The name, last known address, and registration
plate number of the vehicle of the person who failed to pay
the vehicle tax.
(2) The name of the municipality making the report.
(3) A statement that the municipality sent notices as
required by subsection (b); the date on which the notices
were sent; the address to which the notices were sent; and
the date of the hearing, if any.
(f) Following receipt of the certified report under this
Section, the Secretary of State shall notify the vehicle owner
that the vehicle's registration will be suspended at the end of
a reasonable specified period of time unless the Secretary of
State is presented with a notice from the municipality
certifying that the person has paid the necessary vehicle tax,
or that inclusion of that person's name or registration number
on the certified report was in error. The Secretary's notice
shall state in substance the information contained in the
certified report from the municipality to the Secretary, and
shall be effective as specified by subsection (c) of Section
6-211 of this Code. The notice shall also inform the person of
the person's right to a hearing under subsection (g).
(g) An administrative hearing with the Office of the
Secretary of State to contest an impending suspension or a
suspension made under this Section may be had upon filing a
written request with the Secretary of State. The filing fee for
this hearing shall be $20 to be paid at the time the request is
made.
(1) The scope of any administrative hearing with the
Secretary of State to contest an impending suspension under
this Section shall be limited to the following issues:
(A) Whether the report of the appropriate official
of the municipality was certified and contained the
information required by this Section.
(B) Whether the municipality making the certified
report to the Secretary of State established
procedures by ordinance for persons to challenge the
accuracy of the certified report.
(C) Whether the Secretary of State notified the
vehicle owner that the vehicle's registration would be
suspended at the end of the specified time period
unless the Secretary of State was presented with a
notice from the municipality certifying that the
person has purchased the necessary vehicle tax sticker
or that inclusion of that person's name or registration
number on the certified report was in error.
A municipality that files a certified report with the
Secretary of State under this Section shall reimburse the
Secretary for all reasonable costs incurred by the Secretary as
a result of the filing of the report, including but not limited
to the costs of providing the notice required under subsection
(f) and the costs incurred by the Secretary in any hearing
conducted with respect to the report under this subsection and
any appeal from that hearing.
(h) After the expiration of the time specified under
subsection (g), the Secretary of State shall, unless the
suspension is successfully contested, suspend the registration
of the vehicle until the Secretary receives notice under
subsection (i).
(i) Any municipality making a certified report to the
Secretary of State under this subsection shall notify the
Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has
subsequently paid a vehicle tax or whenever the municipality
determines that the original report was in error. A certified
copy of the notification shall also be given upon request and
at no additional charge to the person named in the report. Upon
receipt of the notification or presentation of a certified copy
of the notification by the municipality, the Secretary of State
shall terminate the suspension.
(j) To facilitate enforcement of municipal vehicle tax
liability, a municipality may provide by ordinance for a
program of vehicle immobilization as provided by Section
11-1430.1 of this Code.
(Source: P.A. 97-937, eff. 8-10-12; revised 9-14-16.)
(625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809)
Sec. 3-809. Farm machinery, exempt vehicles and fertilizer
spreaders; registration spreaders - registration fee.
(a) Vehicles of the second division having a corn sheller,
a well driller, hay press, clover huller, feed mixer and
unloader, or other farm machinery permanently mounted thereon
and used solely for transporting the same, farm wagon type
trailers having a fertilizer spreader attachment permanently
mounted thereon, having a gross weight of not to exceed 36,000
pounds and used only for the transportation of bulk fertilizer,
and farm wagon type tank trailers of not to exceed 3,000
gallons capacity, used during the liquid fertilizer season as
field-storage "nurse tanks" supplying the fertilizer to a field
applicator and moved on highways only for bringing the
fertilizer from a local source of supply to farm or field or
from one farm or field to another, or used during the lime
season and moved on the highways only for bringing from a local
source of supply to farm or field or from one farm or field to
another, shall be registered upon the filing of a proper
application and the payment of a registration fee of $13 per
2-year registration period. This registration fee of $13 shall
be paid in full and shall not be reduced even though such
registration is made after the beginning of the registration
period.
(b) Vehicles exempt from registration under the provisions
of Section 3-402.A of this Act, as amended, except those
vehicles required to be registered under paragraph (c) of this
Section, may, at the option of the owner, be identified as
exempt vehicles by displaying registration plates issued by the
Secretary of State. The owner thereof may apply for such
permanent, non-transferable registration plates upon the
filing of a proper application and the payment of a
registration fee of $13. The application for and display of
such registration plates for identification purposes by
vehicles exempt from registration shall not be deemed as a
waiver or rescission recision of its exempt status, nor make
such vehicle subject to registration. Nothing in this Section
prohibits the towing of another vehicle by the exempt vehicle
if the towed vehicle:
(i) does not exceed the registered weight of 8,000
pounds;
(ii) is used exclusively for transportation to and from
the work site;
(iii) is not used for carrying counter weights or other
material related to the operation of the exempt vehicle
while under tow; and
(iv) displays proper and current registration plates.
(c) Any single unit self-propelled agricultural fertilizer
implement, designed for both on and off road use, equipped with
flotation tires and otherwise specially adapted for the
application of plant food materials or agricultural chemicals,
desiring to be operated upon the highways ladened with load
shall be registered upon the filing of a proper application and
payment of a registration fee of $250. The registration fee
shall be paid in full and shall not be reduced even though such
registration is made during the second half of the registration
year. These vehicles shall, whether loaded or unloaded, be
limited to a maximum gross weight of 36,000 pounds, restricted
to a highway speed of not more than 30 miles per hour and a
legal width of not more than 12 feet. Such vehicles shall be
limited to the furthering of agricultural or horticultural
pursuits and in furtherance of these pursuits, such vehicles
may be operated upon the highway, within a 50 mile radius of
their point of loading as indicated on the written or printed
statement required by the "Illinois Fertilizer Act of 1961", as
amended, for the purpose of moving plant food materials or
agricultural chemicals to the field, or from field to field,
for the sole purpose of application.
No single unit self-propelled agricultural fertilizer
implement, designed for both on and off road use, equipped with
flotation tires and otherwise specially adapted for the
application of plant food materials or agricultural chemicals,
having a width of more than 12 feet or a gross weight in excess
of 36,000 pounds, shall be permitted to operate upon the
highways ladened with load.
Whenever any vehicle is operated in violation of subsection
(c) of this Section 3-809 (c) of this Act, the owner or the
driver of such vehicle shall be deemed guilty of a petty
offense and either may be prosecuted for such violation.
(Source: P.A. 96-665, eff. 1-1-10; revised 9-14-16.)
(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
Sec. 6-106. Application for license or instruction permit.
(a) Every application for any permit or license authorized
to be issued under this Code shall be made upon a form
furnished by the Secretary of State. Every application shall be
accompanied by the proper fee and payment of such fee shall
entitle the applicant to not more than 3 attempts to pass the
examination within a period of one year after the date of
application.
(b) Every application shall state the legal name, social
security number, zip code, date of birth, sex, and residence
address of the applicant; briefly describe the applicant; state
whether the applicant has theretofore been licensed as a
driver, and, if so, when and by what state or country, and
whether any such license has ever been cancelled, suspended,
revoked or refused, and, if so, the date and reason for such
cancellation, suspension, revocation or refusal; shall include
an affirmation by the applicant that all information set forth
is true and correct; and shall bear the applicant's signature.
In addition to the residence address, the Secretary may allow
the applicant to provide a mailing address. In the case of an
applicant who is a judicial officer or peace officer, the
Secretary may allow the applicant to provide an office or work
address in lieu of a residence or mailing address. The
application form may also require the statement of such
additional relevant information as the Secretary of State shall
deem necessary to determine the applicant's competency and
eligibility. The Secretary of State may, in his discretion, by
rule or regulation, provide that an application for a drivers
license or permit may include a suitable photograph of the
applicant in the form prescribed by the Secretary, and he may
further provide that each drivers license shall include a
photograph of the driver. The Secretary of State may utilize a
photograph process or system most suitable to deter alteration
or improper reproduction of a drivers license and to prevent
substitution of another photo thereon. For the purposes of this
subsection (b), "peace officer" means any person who by virtue
of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for a
violation of any penal statute of this State, whether that duty
extends to all violations or is limited to specific violations.
(b-5) Beginning July 1, 2017, every applicant for a
driver's license or permit shall provide proof of lawful status
in the United States as defined in 6 CFR 37.3, as amended.
Applicants who are unable to provide the Secretary with proof
of lawful status may apply for a driver's license or permit
under Section 6-105.1 of this Code.
(c) The application form shall include a notice to the
applicant of the registration obligations of sex offenders
under the Sex Offender Registration Act. The notice shall be
provided in a form and manner prescribed by the Secretary of
State. For purposes of this subsection (c), "sex offender" has
the meaning ascribed to it in Section 2 of the Sex Offender
Registration Act.
(d) Any male United States citizen or immigrant who applies
for any permit or license authorized to be issued under this
Code or for a renewal of any permit or license, and who is at
least 18 years of age but less than 26 years of age, must be
registered in compliance with the requirements of the federal
Military Selective Service Act. The Secretary of State must
forward in an electronic format the necessary personal
information regarding the applicants identified in this
subsection (d) to the Selective Service System. The applicant's
signature on the application serves as an indication that the
applicant either has already registered with the Selective
Service System or that he is authorizing the Secretary to
forward to the Selective Service System the necessary
information for registration. The Secretary must notify the
applicant at the time of application that his signature
constitutes consent to registration with the Selective Service
System, if he is not already registered.
(e) Beginning on or before July 1, 2015, for each original
or renewal driver's license application under this Code, the
Secretary shall inquire as to whether the applicant is a
veteran for purposes of issuing a driver's license with a
veteran designation under subsection (e-5) of Section 6-110 of
this Code. The acceptable forms of proof shall include, but are
not limited to, Department of Defense form DD-214. The Illinois
Department of Veterans' Affairs shall advise the Secretary as
to what other forms of proof of a person's status as a veteran
are acceptable.
The Illinois Department of Veterans' Affairs shall confirm
the status of the applicant as an honorably discharged veteran
before the Secretary may issue the driver's license.
For purposes of this subsection (e):
"Armed forces" means any of the Armed Forces of the United
States, including a member of any reserve component or National
Guard unit.
"Veteran" means a person who has served in the armed forces
and was discharged or separated under honorable conditions.
(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;
98-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff.
7-15-16; revised 9-13-16.)
(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
Sec. 7-311. Payments sufficient to satisfy requirements.
(a) Judgments herein referred to arising out of motor
vehicle accidents occurring on or after January 1, 2015 (the
effective date of Public Act 98-519) shall for the purpose of
this Chapter be deemed satisfied:
1. when When $25,000 has been credited upon any
judgment or judgments rendered in excess of that amount for
bodily injury to or the death of one person as the result
of any one motor vehicle accident; or
2. when When, subject to said limit of $25,000 as to
any one person, the sum of $50,000 has been credited upon
any judgment or judgments rendered in excess of that amount
for bodily injury to or the death of more than one person
as the result of any one motor vehicle accident; or
3. when When $20,000 has been credited upon any
judgment or judgments, rendered in excess of that amount
for damages to property of others as a result of any one
motor vehicle accident.
The changes to this subsection made by Public Act 98-519
apply only to policies issued or renewed on or after January 1,
2015.
(b) Credit for such amounts shall be deemed a satisfaction
of any such judgment or judgments in excess of said amounts
only for the purposes of this Chapter.
(c) Whenever payment has been made in settlement of any
claim for bodily injury, death, or property damage arising from
a motor vehicle accident resulting in injury, death, or
property damage to two or more persons in such accident, any
such payment shall be credited in reduction of the amounts
provided for in this Section.
(Source: P.A. 98-519, eff. 1-1-15; 99-78, eff. 7-20-15; revised
9-16-16.)
(625 ILCS 5/11-905) (from Ch. 95 1/2, par. 11-905)
Sec. 11-905. Merging traffic. Notwithstanding Not
withstanding the right-of-way right of way provision in Section
Sec. 11-901 of this Act, at an intersection where traffic lanes
are provided for merging traffic the driver of each vehicle on
the converging roadways is required to adjust his vehicular
speed and lateral position so as to avoid a collision with
another vehicle.
(Source: P.A. 81-860; revised 9-16-16.)
(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
Sec. 11-907. Operation of vehicles and streetcars on
approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of this Code or a police vehicle properly and
lawfully making use of an audible or visual signal: ,
(1) the driver of every other vehicle shall yield the
right-of-way and shall immediately drive to a position
parallel to, and as close as possible to, the right-hand
edge or curb of the highway clear of any intersection and
shall, if necessary to permit the safe passage of the
emergency vehicle, stop and remain in such position until
the authorized emergency vehicle has passed, unless
otherwise directed by a police officer; and
(2) the operator of every streetcar shall immediately
stop such car clear of any intersection and keep it in such
position until the authorized emergency vehicle has
passed, unless otherwise directed by a police officer.
(b) This Section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency
vehicle, when the authorized emergency vehicle is giving a
signal by displaying alternately flashing red, red and white,
blue, or red and blue lights or amber or yellow warning lights,
a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the
right-of-way by making a lane change into a lane not
adjacent to that of the authorized emergency vehicle, if
possible with due regard to safety and traffic conditions,
if on a highway having at least 4 lanes with not less than
2 lanes proceeding in the same direction as the approaching
vehicle; or
(2) proceeding with due caution, reduce the speed of
the vehicle, maintaining a safe speed for road conditions,
if changing lanes would be impossible or unsafe.
As used in this subsection (c), "authorized emergency
vehicle" includes any vehicle authorized by law to be equipped
with oscillating, rotating, or flashing lights under Section
12-215 of this Code, while the owner or operator of the vehicle
is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section
commits a business offense punishable by a fine of not less
than $100 or more than $10,000. It is a factor in aggravation
if the person committed the offense while in violation of
Section 11-501 of this Code. Imposition of the penalties
authorized by this subsection (d) for a violation of subsection
(c) of this Section that results in the death of another person
does not preclude imposition of appropriate additional civil or
criminal penalties.
(e) If a violation of subsection (c) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
(g) If a violation of subsection (c) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall be
suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (c) of
this Section:
(1) suspend the person's driving privileges for the
mandatory period; or
(2) extend the period of an existing suspension by the
appropriate mandatory period.
(Source: P.A. 95-884, eff. 1-1-09; revised 9-16-16.)
(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)
Sec. 11-908. Vehicle approaching or entering a highway
construction or maintenance area or zone.
(a) The driver of a vehicle shall yield the right-of-way
right of way to any authorized vehicle or pedestrian actually
engaged in work upon a highway within any highway construction
or maintenance area indicated by official traffic-control
devices.
(a-1) Upon entering a construction or maintenance zone when
workers are present, a person who drives a vehicle shall:
(1) proceeding with due caution, make a lane change
into a lane not adjacent to that of the workers present, if
possible with due regard to safety and traffic conditions,
if on a highway having at least 4 lanes with not less than
2 lanes proceeding in the same direction as the approaching
vehicle; or
(2) proceeding with due caution, reduce the speed of
the vehicle, maintaining a safe speed for road conditions,
if changing lanes would be impossible or unsafe.
(a-2) A person who violates subsection (a-1) of this
Section commits a business offense punishable by a fine of not
less than $100 and not more than $10,000. It is a factor in
aggravation if the person committed the offense while in
violation of Section 11-501 of this Code.
(a-3) If a violation of subsection (a-1) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.
(a-4) If a violation of subsection (a-1) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
(a-5) If a violation of subsection (a-1) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall be
suspended for 2 years.
(a-6) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (a-1)
of this Section:
(1) suspend the person's driving privileges for the
mandatory period; or
(2) extend the period of an existing suspension by the
appropriate mandatory period.
(b) The driver of a vehicle shall yield the right-of-way
right of way to any authorized vehicle obviously and actually
engaged in work upon a highway whenever the vehicle engaged in
construction or maintenance work displays flashing lights as
provided in Section 12-215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so
by a flagger or a traffic control signal and remain in such
position until signaled to proceed. If a driver of a vehicle
fails to stop when signaled to do so by a flagger, the flagger
is authorized to report such offense to the State's Attorney or
authorized prosecutor. The penalties imposed for a violation of
this subsection (c) shall be in addition to any penalties
imposed for a violation of subsection (a-1).
(Source: P.A. 92-872, eff. 6-1-03; 93-705, eff. 7-9-04; revised
9-16-16.)
(625 ILCS 5/11-1431)
Sec. 11-1431. Solicitations at accident or disablement
scene prohibited.
(a) A tower, as defined by Section 1-205.2 of this Code, or
an employee or agent of a tower may not: (i) stop at the scene
of a motor vehicle accident or at or near a damaged or disabled
vehicle for the purpose of soliciting the owner or operator of
the damaged or disabled vehicle to enter into a towing service
transaction; or (ii) stop at the scene of an accident or at or
near a damaged or disabled vehicle unless called to the
location by a law enforcement officer, the Illinois Department
of Transportation, the Illinois State Toll Highway Authority, a
local agency having jurisdiction over the highway, the owner or
operator of the damaged or disabled vehicle, or the owner or
operator's authorized agent, including his or her insurer or
motor club of which the owner or operator is a member. This
Section shall not apply to employees of the Department, the
Illinois State Toll Highway Authority, or local agencies when
engaged in their official duties. Nothing in this Section shall
prevent a tower from stopping at the scene of a motor vehicle
accident or at or near a damaged or disabled vehicle if the
owner or operator signals the tower for assistance from the
location of the motor vehicle accident or damaged or disabled
vehicle.
(b) A person or company who violates this Section is guilty
of a Class 4 felony. A person convicted of violating this
Section shall also have his or her driver's license, permit, or
privileges suspended for 3 months. After the expiration of the
3-month 3 month suspension, the person's driver's license,
permit, or privileges shall not be reinstated until he or she
has paid a reinstatement fee of $100. If a person violates this
Section while his or her driver's license, permit, or
privileges are suspended under this subsection (b), his or her
driver's license, permit, or privileges shall be suspended for
an additional 6 months, and shall not be reinstated after the
expiration of the 6-month 6 month suspension until he or she
pays a reinstatement fee of $100. A vehicle owner, or his or
her authorized agent or automobile insurer, may bring a claim
against a company or person who willfully and materially
violates this Section. A court may award the prevailing party
reasonable attorney's fees, costs, and expenses relating to
that action.
(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16;
revised 10-27-16.)
(625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)
Sec. 15-107. Length of vehicles.
(a) The maximum length of a single vehicle on any highway
of this State may not exceed 42 feet except the following:
(1) Semitrailers.
(2) Charter or regulated route buses may be up to 45
feet in length, not including energy absorbing bumpers.
(a-1) A motor home as defined in Section 1-145.01 may be up
to 45 feet in length, not including energy absorbing bumpers.
The length limitations described in this subsection (a-1) shall
be exclusive of energy-absorbing bumpers and rear view mirrors.
(b) On all non-State highways, the maximum length of
vehicles in combinations is as follows:
(1) A truck tractor in combination with a semitrailer
may not exceed 55 feet overall dimension.
(2) A truck tractor-semitrailer-trailer or truck
tractor semitrailer-semitrailer may not exceed 60 feet
overall dimension.
(3) Combinations specially designed to transport motor
vehicles or boats may not exceed 60 feet overall dimension.
Vehicles operating during daylight hours when transporting
poles, pipes, machinery, or other objects of a structural
nature that cannot readily be dismembered are exempt from
length limitations, provided that no object may exceed 80 feet
in length and the overall dimension of the vehicle including
the load may not exceed 100 feet. This exemption does not apply
to operation on a Saturday, Sunday, or legal holiday. Legal
holidays referred to in this Section are the days on which the
following traditional holidays are celebrated: New Year's Day;
Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
and Christmas Day.
Vehicles and loads operated by a public utility while en
route to make emergency repairs to public service facilities or
properties are exempt from length limitations, provided that
during night operations every vehicle and its load must be
equipped with a sufficient number of clearance lamps on both
sides and marker lamps on the extreme ends of any projecting
load to clearly mark the dimensions of the load.
A tow truck in combination with a disabled vehicle or
combination of disabled vehicles, as provided in paragraph (6)
of subsection (c) of this Section, is exempt from length
limitations.
All other combinations not listed in this subsection (b)
may not exceed 60 feet overall dimension.
(c) Except as provided in subsections (c-1) and (c-2),
combinations of vehicles may not exceed a total of 2 vehicles
except the following:
(1) A truck tractor semitrailer may draw one trailer.
(2) A truck tractor semitrailer may draw one converter
dolly or one semitrailer.
(3) A truck tractor semitrailer may draw one vehicle
that is defined in Chapter 1 as special mobile equipment,
provided the overall dimension does not exceed 60 feet.
(4) A truck in transit may draw 3 trucks in transit
coupled together by the triple saddlemount method.
(5) Recreational vehicles consisting of 3 vehicles,
provided the following:
(A) The total overall dimension does not exceed 60
feet.
(B) The towing vehicle is a properly registered
vehicle capable of towing another vehicle using a
fifth-wheel type assembly.
(C) The second vehicle in the combination of
vehicles is a recreational vehicle that is towed by a
fifth-wheel assembly. This vehicle must be properly
registered and must be equipped with brakes,
regardless of weight.
(D) The third vehicle must be the lightest of the 3
vehicles and be a trailer or semitrailer designed or
used for transporting a boat, all-terrain vehicle,
personal watercraft, or motorcycle.
(E) The towed vehicles may be only for the use of
the operator of the towing vehicle.
(F) All vehicles must be properly equipped with
operating brakes and safety equipment required by this
Code, except the additional brake requirement in
subdivision (C) of this subparagraph (5).
(6) A tow truck in combination with a disabled vehicle
or combination of disabled vehicles, provided the towing
vehicle:
(A) Is specifically designed as a tow truck having
a gross vehicle weight rating of at least 18,000 pounds
and equipped with air brakes, provided that air brakes
are required only if the towing vehicle is towing a
vehicle, semitrailer, or tractor-trailer combination
that is equipped with air brakes. For the purpose of
this subsection, gross vehicle weight rating, or GVWR,
means the value specified by the manufacturer as the
loaded weight of the tow truck.
(B) Is equipped with flashing, rotating, or
oscillating amber lights, visible for at least 500 feet
in all directions.
(C) Is capable of utilizing the lighting and
braking systems of the disabled vehicle or combination
of vehicles.
(D) Does not engage a tow exceeding 50 highway
miles from the initial point of wreck or disablement to
a place of repair. Any additional movement of the
vehicles may occur only upon issuance of authorization
for that movement under the provisions of Sections
15-301 through 15-319 of this Code.
The Department may by rule or regulation prescribe
additional requirements regarding length limitations for a
tow truck towing another vehicle.
For purposes of this Section, a tow-dolly that merely
serves as substitute wheels for another legally licensed
vehicle is considered part of the licensed vehicle and not
a separate vehicle.
(7) Commercial vehicles consisting of 3 vehicles,
provided the following:
(A) The total overall dimension does not exceed 65
feet.
(B) The towing vehicle is a properly registered
vehicle capable of towing another vehicle using a
fifth-wheel type assembly or a goose-neck hitch ball.
(C) The third vehicle must be the lightest of the 3
vehicles and be a trailer or semitrailer.
(D) All vehicles must be properly equipped with
operating brakes and safety equipment required by this
Code.
(E) The combination of vehicles must be operated by
a person who holds a commercial driver's license (CDL).
(F) The combination of vehicles must be en route to
a location where new or used trailers are sold by an
Illinois or out-of-state licensed new or used trailer
dealer.
(c-1) A combination of 3 vehicles is allowed access to any
State designated highway if:
(1) the length of neither towed vehicle exceeds 28.5
feet;
(2) the overall wheel base of the combination of
vehicles does not exceed 62 feet; and
(3) the combination of vehicles is en route to a
location where new or used trailers are sold by an Illinois
or out-of-state licensed new or used trailer dealer.
(c-2) A combination of 3 vehicles is allowed access from
any State designated highway onto any county, township, or
municipal highway for a distance of 5 highway miles for the
purpose of delivery or collection of one or both of the towed
vehicles if:
(1) the length of neither towed vehicle exceeds 28.5
feet;
(2) the combination of vehicles does not exceed 40,000
pounds in gross weight and 8 feet 6 inches in width;
(3) there is no sign prohibiting that access;
(4) the route is not being used as a thoroughfare
between State designated highways; and
(5) the combination of vehicles is en route to a
location where new or used trailers are sold by an Illinois
or out-of-state licensed new or used trailer dealer.
(d) On Class I highways there are no overall length
limitations on motor vehicles operating in combinations
provided:
(1) The length of a semitrailer, unladen or with load,
in combination with a truck tractor may not exceed 53 feet.
(2) The distance between the kingpin and the center of
the rear axle of a semitrailer longer than 48 feet, in
combination with a truck tractor, may not exceed 45 feet 6
inches. The limit contained in this paragraph (2) shall not
apply to trailers or semi-trailers used for the transport
of livestock as defined by Section 18b-101.
(3) The length of a semitrailer or trailer, unladen or
with load, operated in a truck tractor-semitrailer-trailer
or truck tractor semitrailer-semitrailer combination, may
not exceed 28 feet 6 inches.
(4) Maxi-cube combinations, as defined in Chapter 1,
may not exceed 65 feet overall dimension.
(5) Combinations of vehicles specifically designed to
transport motor vehicles or boats may not exceed 65 feet
overall dimension. The length limitation is inclusive of
front and rear bumpers but exclusive of the overhang of the
transported vehicles, as provided in paragraph (i) of this
Section.
(6) Stinger-steered Stinger steered semitrailer
vehicles specifically designed to transport motor vehicles
or boats and automobile transporters, as defined in Chapter
1, may not exceed 80 feet overall dimension. The length
limitation is inclusive of front and rear bumpers but
exclusive of the overhang of the transported vehicles, as
provided in paragraph (i) of this Section.
(7) A truck in transit transporting 3 trucks coupled
together by the triple saddlemount method may not exceed 97
feet overall dimension.
(8) A towaway trailer transporter combination may not
exceed 82 feet overall dimension.
Vehicles operating during daylight hours when transporting
poles, pipes, machinery, or other objects of a structural
nature that cannot readily be dismembered are exempt from
length limitations, provided that no object may exceed 80 feet
in length and the overall dimension of the vehicle including
the load may not exceed 100 feet. This exemption does not apply
to operation on a Saturday, Sunday, or legal holiday. Legal
holidays referred to in this Section are the days on which the
following traditional holidays are celebrated: New Year's Day;
Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
and Christmas Day.
Vehicles and loads operated by a public utility while en
route to make emergency repairs to public service facilities or
properties are exempt from length limitations, provided that
during night operations every vehicle and its load must be
equipped with a sufficient number of clearance lamps on both
sides and marker lamps on the extreme ends of any projecting
load to clearly mark the dimensions of the load.
A tow truck in combination with a disabled vehicle or
combination of disabled vehicles, as provided in paragraph (6)
of subsection (c) of this Section, is exempt from length
limitations.
The length limitations described in this paragraph (d)
shall be exclusive of safety and energy conservation devices,
such as bumpers, refrigeration units or air compressors and
other devices, that the Department may interpret as necessary
for safe and efficient operation; except that no device
excluded under this paragraph shall have by its design or use
the capability to carry cargo.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (d).
(e) On Class II highways there are no overall length
limitations on motor vehicles operating in combinations,
provided:
(1) The length of a semitrailer, unladen or with load,
in combination with a truck tractor, may not exceed 53 feet
overall dimension.
(2) The distance between the kingpin and the center of
the rear axle of a semitrailer longer than 48 feet, in
combination with a truck tractor, may not exceed 45 feet 6
inches. The limit contained in this paragraph (2) shall not
apply to trailers or semi-trailers used for the transport
of livestock as defined by Section 18b-101.
(3) A truck tractor-semitrailer-trailer or truck
tractor semitrailer-semitrailer combination may not exceed
65 feet in dimension from front axle to rear axle.
(4) The length of a semitrailer or trailer, unladen or
with load, operated in a truck tractor-semitrailer-trailer
or truck tractor semitrailer-semitrailer combination, may
not exceed 28 feet 6 inches.
(5) Maxi-cube combinations, as defined in Chapter 1,
may not exceed 65 feet overall dimension.
(6) A combination of vehicles, specifically designed
to transport motor vehicles or boats, may not exceed 65
feet overall dimension. The length limitation is inclusive
of front and rear bumpers but exclusive of the overhang of
the transported vehicles, as provided in paragraph (i) of
this Section.
(7) Stinger-steered Stinger steered semitrailer
vehicles specifically designed to transport motor vehicles
or boats, may not exceed 80 feet overall dimension. The
length limitation is inclusive of front and rear bumpers
but exclusive of the overhang of the transported vehicles,
as provided in paragraph (i) of this Section.
(8) A truck in transit transporting 3 trucks coupled
together by the triple saddlemount method may not exceed 97
feet overall dimension.
(9) A towaway trailer transporter combination may not
exceed 82 feet overall dimension.
Vehicles operating during daylight hours when transporting
poles, pipes, machinery, or other objects of a structural
nature that cannot readily be dismembered are exempt from
length limitations, provided that no object may exceed 80 feet
in length and the overall dimension of the vehicle including
the load may not exceed 100 feet. This exemption does not apply
to operation on a Saturday, Sunday, or legal holiday. Legal
holidays referred to in this Section are the days on which the
following traditional holidays are celebrated: New Year's Day;
Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
and Christmas Day.
Vehicles and loads operated by a public utility while en
route to make emergency repairs to public service facilities or
properties are exempt from length limitations, provided that
during night operations every vehicle and its load must be
equipped with a sufficient number of clearance lamps on both
sides and marker lamps on the extreme ends of any projecting
load to clearly mark the dimensions of the load.
A tow truck in combination with a disabled vehicle or
combination of disabled vehicles, as provided in paragraph (6)
of subsection (c) of this Section, is exempt from length
limitations.
Local authorities, with respect to streets and highways
under their jurisdiction, may also by ordinance or resolution
allow length limitations of this subsection (e).
The length limitations described in this paragraph (e)
shall be exclusive of safety and energy conservation devices,
such as bumpers, refrigeration units or air compressors and
other devices, that the Department may interpret as necessary
for safe and efficient operation; except that no device
excluded under this paragraph shall have by its design or use
the capability to carry cargo.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (e).
(e-1) Combinations of vehicles not exceeding 65 feet
overall length are allowed access as follows:
(1) From any State designated highway onto any county,
township, or municipal highway for a distance of 5 highway
miles for the purpose of loading and unloading, provided:
(A) The vehicle does not exceed 80,000 pounds in
gross weight and 8 feet 6 inches in width.
(B) There is no sign prohibiting that access.
(C) The route is not being used as a thoroughfare
between State designated highways.
(2) From any State designated highway onto any county
or township highway for a distance of 5 highway miles or
onto any municipal highway for a distance of one highway
mile for the purpose of food, fuel, repairs, and rest,
provided:
(A) The vehicle does not exceed 80,000 pounds in
gross weight and 8 feet 6 inches in width.
(B) There is no sign prohibiting that access.
(C) The route is not being used as a thoroughfare
between State designated highways.
(e-2) Except as provided in subsection (e-3), combinations
of vehicles over 65 feet in length, with no overall length
limitation except as provided in subsections (d) and (e) of
this Section, are allowed access as follows:
(1) From a Class I highway onto any street or highway
for a distance of one highway mile for the purpose of
loading, unloading, food, fuel, repairs, and rest,
provided there is no sign prohibiting that access.
(2) From a Class I or Class II highway onto any State
highway or any locally designated highway for a distance of
5 highway miles for the purpose of loading, unloading,
food, fuel, repairs, and rest.
(e-3) Combinations of vehicles over 65 feet in length
operated by household goods carriers or towaway trailer
transporter combinations, with no overall length limitations
except as provided in subsections (d) and (e) of this Section,
have unlimited access to points of loading, unloading, or
delivery to or from a manufacturer, distributor, or dealer.
(f) On Class III and other non-designated State highways,
the length limitations for vehicles in combination are as
follows:
(1) Truck tractor-semitrailer combinations, must
comply with either a maximum 55 feet overall wheel base or
a maximum 65 feet extreme overall dimension.
(2) Semitrailers, unladen or with load, may not exceed
53 feet overall dimension.
(3) No truck tractor-semitrailer-trailer or truck
tractor semitrailer-semitrailer combination may exceed 60
feet extreme overall dimension.
(4) The distance between the kingpin and the center
axle of a semitrailer longer than 48 feet, in combination
with a truck tractor, may not exceed 42 feet 6 inches. The
limit contained in this paragraph (4) shall not apply to
trailers or semi-trailers used for the transport of
livestock as defined by Section 18b-101.
(g) Length limitations in the preceding subsections of this
Section 15-107 do not apply to the following:
(1) Vehicles operated in the daytime, except on
Saturdays, Sundays, or legal holidays, when transporting
poles, pipe, machinery, or other objects of a structural
nature that cannot readily be dismembered, provided the
overall length of vehicle and load may not exceed 100 feet
and no object exceeding 80 feet in length may be
transported unless a permit has been obtained as authorized
in Section 15-301.
(2) Vehicles and loads operated by a public utility
while en route to make emergency repairs to public service
facilities or properties, but during night operation every
vehicle and its load must be equipped with a sufficient
number of clearance lamps on both sides and marker lamps
upon the extreme ends of any projecting load to clearly
mark the dimensions of the load.
(3) A tow truck in combination with a disabled vehicle
or combination of disabled vehicles, provided the towing
vehicle meets the following conditions:
(A) It is specifically designed as a tow truck
having a gross vehicle weight rating of at least 18,000
pounds and equipped with air brakes, provided that air
brakes are required only if the towing vehicle is
towing a vehicle, semitrailer, or tractor-trailer
combination that is equipped with air brakes.
(B) It is equipped with flashing, rotating, or
oscillating amber lights, visible for at least 500 feet
in all directions.
(C) It is capable of utilizing the lighting and
braking systems of the disabled vehicle or combination
of vehicles.
(D) It does not engage in a tow exceeding 50 miles
from the initial point of wreck or disablement.
The Department may by rule or regulation prescribe
additional requirements regarding length limitations for a tow
truck towing another vehicle. The towing vehicle, however, may
tow any disabled vehicle from the initial point of wreck or
disablement to a point where repairs are actually to occur.
This movement shall be valid only on State routes. The tower
must abide by posted bridge weight limits.
For the purpose of this subsection, gross vehicle weight
rating, or GVWR, shall mean the value specified by the
manufacturer as the loaded weight of the tow truck. Legal
holidays referred to in this Section shall be specified as the
day on which the following traditional holidays are celebrated:
New Year's Day;
Memorial Day;
Independence Day;
Labor Day;
Thanksgiving Day; and
Christmas Day.
(h) The load upon any vehicle operated alone, or the load
upon the front vehicle of a combination of vehicles, shall not
extend more than 3 feet beyond the front wheels of the vehicle
or the front bumper of the vehicle if it is equipped with a
front bumper. The provisions of this subsection (h) shall not
apply to any vehicle or combination of vehicles specifically
designed for the collection and transportation of waste,
garbage, or recyclable materials during the vehicle's
operation in the course of collecting garbage, waste, or
recyclable materials if the vehicle is traveling at a speed not
in excess of 15 miles per hour during the vehicle's operation
and in the course of collecting garbage, waste, or recyclable
materials. However, in no instance shall the load extend more
than 7 feet beyond the front wheels of the vehicle or the front
bumper of the vehicle if it is equipped with a front bumper.
(i) The load upon the front vehicle of an automobile
transporter or a stinger-steered vehicle specifically designed
to transport motor vehicles shall not extend more than 4 feet
beyond the foremost part of the transporting vehicle and the
load upon the rear transporting vehicle shall not extend more
than 6 feet beyond the rear of the bed or body of the vehicle.
This paragraph shall only be applicable upon highways
designated in paragraphs (d) and (e) of this Section.
(j) Articulated vehicles comprised of 2 sections, neither
of which exceeds a length of 42 feet, designed for the carrying
of more than 10 persons, may be up to 60 feet in length, not
including energy absorbing bumpers, provided that the vehicles
are:
1. operated by or for any public body or motor carrier
authorized by law to provide public transportation
services; or
2. operated in local public transportation service by
any other person and the municipality in which the service
is to be provided approved the operation of the vehicle.
(j-1) (Blank).
(k) Any person who is convicted of violating this Section
is subject to the penalty as provided in paragraph (b) of
Section 15-113.
(l) (Blank).
(Source: P.A. 99-717, eff. 8-5-16; revised 10-28-16.)
(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
Sec. 18c-7402. Safety Requirements for Railroad
Operations.
(1) Obstruction of crossings.
(a) Obstruction of Emergency Vehicles. Every railroad
shall be operated in such a manner as to minimize
obstruction of emergency vehicles at crossings. Where such
obstruction occurs and the train crew is aware of the
obstruction, the train crew shall immediately take any
action, consistent with safe operating procedure,
necessary to remove the obstruction. In the Chicago and St.
Louis switching districts, every railroad dispatcher or
other person responsible for the movement of railroad
equipment in a specific area who receives notification that
railroad equipment is obstructing the movement of an
emergency vehicle at any crossing within such area shall
immediately notify the train crew through use of existing
communication facilities. Upon notification, the train
crew shall take immediate action in accordance with this
paragraph.
(b) Obstruction of Highway at Grade Crossing
Prohibited. It is unlawful for a rail carrier to permit any
train, railroad car or engine to obstruct public travel at
a railroad-highway grade crossing for a period in excess of
10 minutes, except where such train or railroad car is
continuously moving or cannot be moved by reason of
circumstances over which the rail carrier has no reasonable
control.
In a county with a population of greater than 1,000,000, as
determined by the most recent federal census, during the hours
of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m.
it is unlawful for a rail carrier to permit any single train or
railroad car to obstruct public travel at a railroad-highway
grade crossing in excess of a total of 10 minutes during a 30
minute period, except where the train or railroad car cannot be
moved by reason or circumstances over which the rail carrier
has no reasonable control. Under no circumstances will a moving
train be stopped for the purposes of issuing a citation related
to this Section.
However, no employee acting under the rules or orders of
the rail carrier or its supervisory personnel may be prosecuted
for a violation of this subsection (b).
(c) Punishment for Obstruction of Grade Crossing. Any
rail carrier violating paragraph (b) of this subsection
shall be guilty of a petty offense and fined not less than
$200 nor more than $500 if the duration of the obstruction
is in excess of 10 minutes but no longer than 15 minutes.
If the duration of the obstruction exceeds 15 minutes the
violation shall be a business offense and the following
fines shall be imposed: if the duration of the obstruction
is in excess of 15 minutes but no longer than 20 minutes,
the fine shall be $500; if the duration of the obstruction
is in excess of 20 minutes but no longer than 25 minutes,
the fine shall be $700; if the duration of the obstruction
is in excess of 25 minutes, but no longer than 30 minutes,
the fine shall be $900; if the duration of the obstruction
is in excess of 30 minutes but no longer than 35 minutes,
the fine shall be $1,000; if the duration of the
obstruction is in excess of 35 minutes, the fine shall be
$1,000 plus an additional $500 for each 5 minutes of
obstruction in excess of 25 minutes of obstruction.
(2) Other Operational Requirements.
(a) Bell and Whistle-Crossings. Every rail carrier
shall cause a bell, and a whistle or horn to be placed and
kept on each locomotive, and shall cause the same to be
rung or sounded by the engineer or fireman, at the distance
of at a least 1,320 feet, from the place where the railroad
crosses or intersects any public highway, and shall be kept
ringing or sounding until the highway is reached; provided
that at crossings where the Commission shall by order
direct, only after a hearing has been held to determine the
public is reasonably and sufficiently protected, the rail
carrier may be excused from giving warning provided by this
paragraph.
(a-5) The requirements of paragraph (a) of this
subsection (2) regarding ringing a bell and sounding a
whistle or horn do not apply at a railroad crossing that
has a permanently installed automated audible warning
device authorized by the Commission under Section
18c-7402.1 that sounds automatically when an approaching
train is at least 1,320 feet from the crossing and that
keeps sounding until the lead locomotive has crossed the
highway. The engineer or fireman may ring the bell or sound
the whistle or horn at a railroad crossing that has a
permanently installed audible warning device.
(b) Speed Limits. Each rail carrier shall operate its
trains in compliance with speed limits set by the
Commission. The Commission may set train speed limits only
where such limits are necessitated by extraordinary
circumstances affecting effecting the public safety, and
shall maintain such train speed limits in effect only for
such time as the extraordinary circumstances prevail.
The Commission and the Department of Transportation
shall conduct a study of the relation between train speeds
and railroad-highway grade crossing safety. The Commission
shall report the findings of the study to the General
Assembly no later than January 5, 1997.
(c) Special Speed Limit; Pilot Project. The Commission
and the Board of the Commuter Rail Division of the Regional
Transportation Authority shall conduct a pilot project in
the Village of Fox River Grove, the site of the fatal
school bus accident at a railroad crossing on October 25,
1995, in order to improve railroad crossing safety. For
this project, the Commission is directed to set the maximum
train speed limit for Regional Transportation Authority
trains at 50 miles per hour at intersections on that
portion of the intrastate rail line located in the Village
of Fox River Grove. If the Regional Transportation
Authority deliberately fails to comply with this maximum
speed limit, then any entity, governmental or otherwise,
that provides capital or operational funds to the Regional
Transportation Authority shall appropriately reduce or
eliminate that funding. The Commission shall report to the
Governor and the General Assembly on the results of this
pilot project in January 1999, January 2000, and January
2001. The Commission shall also submit a final report on
the pilot project to the Governor and the General Assembly
in January 2001. The provisions of this subsection (c),
other than this sentence, are inoperative after February 1,
2001.
(3) Report and Investigation of Rail Accidents.
(a) Reports. Every rail carrier shall report to the
Commission, by the speediest means possible, whether
telephone, telegraph, or otherwise, every accident
involving its equipment, track, or other property which
resulted in loss of life to any person. In addition, such
carriers shall file a written report with the Commission.
Reports submitted under this paragraph shall be strictly
confidential, shall be specifically prohibited from
disclosure, and shall not be admissible in any
administrative or judicial proceeding relating to the
accidents reported.
(b) Investigations. The Commission may investigate all
railroad accidents reported to it or of which it acquires
knowledge independent of reports made by rail carriers, and
shall have the power, consistent with standards and
procedures established under the Federal Railroad Safety
Act, as amended, to enter such temporary orders as will
minimize the risk of future accidents pending notice,
hearing, and final action by the Commission.
(Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01; revised
9-16-16.)
Section 655. The Snowmobile Registration and Safety Act is
amended by changing Sections 1-2, 2-1, 5-7, and 5-7.4 as
follows:
(625 ILCS 40/1-2) (from Ch. 95 1/2, par. 601-2)
Sec. 1-2. Definitions. As used in this Act, the terms
specified in the Sections following this Section and preceding
Section 1-3 Sections 1-2.01 through 1-2.20 have the meanings
ascribed to them in those Sections unless the context clearly
requires a different meaning.
(Source: P.A. 78-856; revised 9-16-16.)
(625 ILCS 40/2-1) (from Ch. 95 1/2, par. 602-1)
Sec. 2-1. Enforcement.) It is the duty of all Conservation
Police Officers and all sheriffs, deputy sheriffs, and other
police officers to arrest any person detected in violation of
any of the provisions of this Act. It is further the duty of
all such officers to make prompt investigation of any violation
of the provisions of this Act reported by any other person, and
to cause a complaint to be filed before the circuit court if
there seems just ground for such complaint and evidence
procurable to support the same.
(Source: P.A. 79-885; revised 9-16-16.)
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,
other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. (4.3) The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. (4.5) The person who is a CDL holder has any
amount of a drug, substance, or compound in the person's
breath, blood, other bodily substance, or urine resulting
from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or intoxicating compound listed in the use
of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a forfeiture of bail or collateral deposited to
secure a defendant's appearance in court when forfeiture
has not been vacated; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm or
permanent disability or disfigurement, when the violation
was a proximate cause of the injuries. A person guilty of a
Class 4 felony under this paragraph 2, if sentenced to a
term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or a
similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of
Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities, a
person who is found guilty of violating this Section, including
any person placed on court supervision, shall be fined $100,
payable to the circuit clerk, who shall distribute the money to
the law enforcement agency that made the arrest. In the event
that more than one agency is responsible for the arrest, the
$100 shall be shared equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used to
purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of a
misdemeanor under this Section for a period of one year, except
that first-time offenders are exempt from this mandatory one
year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of 5
years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 99-697, eff. 7-29-16; revised 10-28-16.)
(625 ILCS 40/5-7.4)
Sec. 5-7.4. Admissibility of chemical tests of blood, other
bodily substance, or urine conducted in the regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood, other bodily substance, or urine tests performed for
the purpose of determining the content of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination of them in an individual's blood, other bodily
substance, or urine conducted upon persons receiving medical
treatment in a hospital emergency room, are admissible in
evidence as a business record exception to the hearsay rule
only in prosecutions for a violation of Section 5-7 of this Act
or a similar provision of a local ordinance or in prosecutions
for reckless homicide brought under the Criminal Code of 1961
or the Criminal Code of 2012.
The results of the tests are admissible only when each of
the following criteria are met:
1. the chemical tests performed upon an individual's
blood, other bodily substance, or urine were ordered in the
regular course of providing emergency treatment and not at
the request of law enforcement authorities; and
2. the chemical tests performed upon an individual's
blood, other bodily substance, or urine were performed by
the laboratory routinely used by the hospital.
3. (Blank).
Results of chemical tests performed upon an individual's
blood, other bodily substance, or urine are admissible into
evidence regardless of the time that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment are not applicable with
regard to chemical tests performed upon a person's blood, other
bodily substance, or urine under the provisions of this Section
in prosecutions as specified in subsection (a) of this Section.
No person shall be liable for civil damages as a result of the
evidentiary use of the results of chemical testing of the
individual's blood, other bodily substance, or urine under this
Section or as a result of that person's testimony made
available under this Section.
(Source: P.A. 99-697, eff. 7-29-16; revised 10-31-16.)
Section 660. The Juvenile Court Act of 1987 is amended by
changing Sections 4-9, 5-710, 5-745, 5-7A-115, and 5-915 as
follows:
(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
Sec. 4-9. Shelter care hearing. At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is addicted, it shall release the minor
and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is addicted, the minor, his or her
parent, guardian, custodian and other persons able to give
relevant testimony shall be examined before the court. After
such testimony, the court may enter an order that the minor
shall be released upon the request of a parent, guardian or
custodian if the parent, guardian or custodian appears to take
custody and agrees to abide by a court order which requires the
minor and his or her parent, guardian, or legal custodian to
complete an evaluation by an entity licensed by the Department
of Human Services, as the successor to the Department of
Alcoholism and Substance Abuse, and complete any treatment
recommendations indicated by the assessment. Custodian shall
include any agency of the State which has been given custody or
wardship of the child.
The Court shall require documentation by representatives
of the Department of Children and Family Services or the
probation department as to the reasonable efforts that were
made to prevent or eliminate the necessity of removal of the
minor from his or her home, and shall consider the testimony of
any person as to those reasonable efforts. If the court finds
that it is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of another
that the minor be or placed in a shelter care facility or that
he or she is likely to flee the jurisdiction of the court, and
further, finds that reasonable efforts have been made or good
cause has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from his or her
home, the court may prescribe shelter care and order that the
minor be kept in a suitable place designated by the court or in
a shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency, or in a facility or program licensed by the Department
of Human Services for shelter and treatment services; otherwise
it shall release the minor from custody. If the court
prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent compatible with
the court's order, comply with Section 7 of the Children and
Family Services Act. If the minor is ordered placed in a
shelter care facility of the Department of Children and Family
Services or a licensed child welfare agency, or in a facility
or program licensed by the Department of Human Services for
shelter and treatment services, the court shall, upon request
of the appropriate Department or other agency, appoint the
Department of Children and Family Services Guardianship
Administrator or other appropriate agency executive temporary
custodian of the minor and the court may enter such other
orders related to the temporary custody as it deems fit and
proper, including the provision of services to the minor or his
family to ameliorate the causes contributing to the finding of
probable cause or to the finding of the existence of immediate
and urgent necessity. Acceptance of services shall not be
considered an admission of any allegation in a petition made
pursuant to this Act, nor may a referral of services be
considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made
reasonable efforts to reunite the family. In making its
findings that reasonable efforts have been made or that good
cause has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from his or her
home, the court shall state in writing its findings concerning
the nature of the services that were offered or the efforts
that were made to prevent removal of the child and the apparent
reasons that such services or efforts could not prevent the
need for removal. The parents, guardian, custodian, temporary
custodian and minor shall each be furnished a copy of such
written findings. The temporary custodian shall maintain a copy
of the court order and written findings in the case record for
the child. The order together with the court's findings of fact
in support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
(3) If neither the parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had actual
notice of or is present at the shelter care hearing, he or she
may file his or her affidavit setting forth these facts, and
the clerk shall set the matter for rehearing not later than 24
hours, excluding Sundays and legal holidays, after the filing
of the affidavit. At the rehearing, the court shall proceed in
the same manner as upon the original hearing.
(4) If the minor is not brought before a judicial officer
within the time period as specified in Section 4-8, the minor
must immediately be released from custody.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room or yard with adults confined pursuant to
the criminal law.
(7) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(8) Any interested party, including the State, the
temporary custodian, an agency providing services to the minor
or family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or any
of their representatives, may file a motion to modify or vacate
a temporary custody order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(9) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised
10-6-16.)
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, 5-815,
a minor who is found guilty under Section 5-620 may be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree murder,
a Class X felony, or a forcible felony shall be placed
on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after the effective date of this
amendatory Act of the 98th General Assembly and before
January 1, 2017, placed in the guardianship of the
Department of Children and Family Services, but only if
the delinquent minor is under 16 years of age or,
pursuant to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. On and after January 1, 2017, placed in the
guardianship of the Department of Children and Family
Services, but only if the delinquent minor is under 15
years of age or, pursuant to Article II of this Act, a
minor for whom an independent basis of abuse, neglect,
or dependency exists. An independent basis exists when
the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a juvenile
detention home and the minor so detained shall be 10
years of age or older. However, the 30-day limitation
may be extended by further order of the court for a
minor under age 15 committed to the Department of
Children and Family Services if the court finds that
the minor is a danger to himself or others. The minor
shall be given credit on the sentencing order of
detention for time spent in detention under Sections
5-501, 5-601, 5-710, or 5-720 of this Article as a
result of the offense for which the sentencing order
was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge under
Section 5-720 of this Article for time spent in
detention before the filing of the petition alleging
the violation. A minor shall not be deprived of credit
for time spent in detention before the filing of a
violation of probation or conditional discharge
alleging the same or related act or acts. The
limitation that the minor shall only be placed in a
juvenile detention home does not apply as follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of
age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;
(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's license
or driving privileges suspended for such time as
determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer than
upon attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic home detention under Part
7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder. The court shall
include in the sentencing order any pre-custody credits the
minor is entitled to under Section 5-4.5-100 of the Unified
Code of Corrections. The time during which a minor is in
custody before being released upon the request of a parent,
guardian or legal custodian shall also be considered as
time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of the
court, the court may enter a disposition order requiring
the minor to undergo assessment, counseling or treatment in
a substance abuse program approved by the Department of
Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Article V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not be
illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense which is a Class
4 felony under Section 19-4 (criminal trespass to a residence),
21-1 (criminal damage to property), 21-1.01 (criminal damage to
government supported property), 21-1.3 (criminal defacement of
property), 26-1 (disorderly conduct), or 31-4 (obstructing
justice), of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense that is a Class 3
or Class 4 felony violation of the Illinois Controlled
Substances Act unless the commitment occurs upon a third or
subsequent judicial finding of a violation of probation for
substantial noncompliance with court-ordered court ordered
treatment or programming.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of
subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961
or the Criminal Code of 2012, a violation of any Section of
Article 24 of the Criminal Code of 1961 or the Criminal Code of
2012, or a violation of any statute that involved the wrongful
use of a firearm. If the court determines the question in the
affirmative, and the court does not commit the minor to the
Department of Juvenile Justice, the court shall order the minor
to perform community service for not less than 30 hours nor
more than 120 hours, provided that community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 or the Criminal
Code of 2012 and similar damage to property located in the
municipality or county in which the violation occurred. When
possible and reasonable, the community service shall be
performed in the minor's neighborhood. This order shall be in
addition to any other order authorized by this Section except
for an order to place the minor in the custody of the
Department of Juvenile Justice. For the purposes of this
Section, "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall
not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit
at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) If a minor is found to be guilty of a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and
his or her parents or legal guardian to attend a smoker's
education or youth diversion program as defined in that Act if
that program is available in the jurisdiction where the
offender resides. Attendance at a smoker's education or youth
diversion program shall be time-credited against any community
service time imposed for any first violation of subsection
(a-7) of Section 1 of that Act. In addition to any other
penalty that the court may impose for a violation of subsection
(a-7) of Section 1 of that Act, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
For purposes of this Section, "smoker's education program"
or "youth diversion program" includes, but is not limited to, a
seminar designed to educate a person on the physical and
psychological effects of smoking tobacco products and the
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
In addition to any other penalty that the court may impose
under this subsection (12):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the
12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;
revised 9-2-16.)
(705 ILCS 405/5-745)
Sec. 5-745. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act, including the
Department of Juvenile Justice for youth committed under
Section 5-750 of this Act, to report periodically to the court
or may cite him or her into court and require him or her, or his
or her agency, to make a full and accurate report of his or her
or its doings in behalf of the minor, including efforts to
secure post-release placement of the youth after release from
the Department's facilities. The legal custodian or guardian,
within 10 days after the citation, shall make the report,
either in writing verified by affidavit or orally under oath in
open court, or otherwise as the court directs. Upon the hearing
of the report the court may remove the legal custodian or
guardian and appoint another in his or her stead or restore the
minor to the custody of his or her parents or former guardian
or legal custodian.
(2) If the Department of Children and Family Services is
appointed legal custodian or guardian of a minor under Section
5-740 of this Act, the Department of Children and Family
Services Section 5-740 of shall file updated case plans with
the court every 6 months. Every agency which has guardianship
of a child shall file a supplemental petition for court review,
or review by an administrative body appointed or approved by
the court and further order within 18 months of the sentencing
order and each 18 months thereafter. The petition shall state
facts relative to the child's present condition of physical,
mental and emotional health as well as facts relative to his or
her present custodial or foster care. The petition shall be set
for hearing and the clerk shall mail 10 days notice of the
hearing by certified mail, return receipt requested, to the
person or agency having the physical custody of the child, the
minor and other interested parties unless a written waiver of
notice is filed with the petition.
If the minor is in the custody of the Illinois Department
of Children and Family Services, pursuant to an order entered
under this Article, the court shall conduct permanency hearings
as set out in subsections (1), (2), and (3) of Section 2-28 of
Article II of this Act.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(3) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his or her
parents or former guardian or custodian. In the event that the
minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his or
her guardianship or custody, guardianship or legal custody
shall terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal custodian
or guardian of the person may be removed without his or her
consent until given notice and an opportunity to be heard by
the court.
(4) If the minor is committed to the Department of Juvenile
Justice under Section 5-750 of this Act, the Department shall
notify the court in writing of the occurrence of any of the
following:
(a) a critical incident involving a youth committed to
the Department; as used in this paragraph (a), "critical
incident" means any incident that involves a serious risk
to the life, health, or well-being of the youth and
includes, but is not limited to, an accident or suicide
attempt resulting in serious bodily harm or
hospitalization, psychiatric hospitalization, alleged or
suspected abuse, or escape or attempted escape from
custody, filed within 10 days of the occurrence;
(b) a youth who has been released by the Prisoner
Review Board but remains in a Department facility solely
because the youth does not have an approved aftercare
release host site, filed within 10 days of the occurrence;
(c) a youth, except a youth who has been adjudicated a
habitual or violent juvenile offender under Section 5-815
or 5-820 of this Act or committed for first degree murder,
who has been held in a Department facility for over one
consecutive year; or
(d) if a report has been filed under paragraph (c) of
this subsection, a supplemental report shall be filed every
6 months thereafter.
The notification required by this subsection (4) shall contain
a brief description of the incident or situation and a summary
of the youth's current physical, mental, and emotional health
and the actions the Department took in response to the incident
or to identify an aftercare release host site, as applicable.
Upon receipt of the notification, the court may require the
Department to make a full report under subsection (1) of this
Section.
(5) With respect to any report required to be filed with
the court under this Section, the Independent Juvenile
Ombudsman shall provide a copy to the minor's court appointed
guardian ad litem, if the Department has received written
notice of the appointment, and to the minor's attorney, if the
Department has received written notice of representation from
the attorney. If the Department has a record that a guardian
has been appointed for the minor and a record of the last known
address of the minor's court appointed guardian, the
Independent Juvenile Ombudsman shall send a notice to the
guardian that the report is available and will be provided by
the Independent Juvenile Ombudsman upon request. If the
Department has no record regarding the appointment of a
guardian for the minor, and the Department's records include
the last known addresses of the minor's parents, the
Independent Juvenile Ombudsman shall send a notice to the
parents that the report is available and will be provided by
the Independent Juvenile Ombudsman upon request.
(Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17; revised
10-11-16.)
(705 ILCS 405/5-7A-115)
Sec. 5-7A-115. Program description. The supervising
authority may promulgate rules that prescribe reasonable
guidelines under which an electronic home detention program
shall operate. These rules shall include, but not be limited,
to, the following:
(A) The participant shall remain within the interior
premises or within the property boundaries of his or her
residence at all times during the hours designated by the
supervising authority. Such instances of approved absences
from the home may include, but are not limited to, the
following:
(1) working or employment approved by the court or
traveling to or from approved employment;
(2) unemployed and seeking employment approved for
the participant by the court;
(3) undergoing medical, psychiatric, mental health
treatment, counseling, or other treatment programs
approved for the participant by the court;
(4) attending an educational institution or a
program approved for the participant by the court;
(5) attending a regularly scheduled religious
service at a place of worship;
(6) participating in community work release or
community service programs approved for the
participant by the supervising authority; or
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority.
(B) The participant shall admit any person or agent
designated by the supervising authority into his or her
residence at any time for purposes of verifying the
participant's compliance with the conditions of his or her
detention.
(C) The participant shall make the necessary
arrangements to allow for any person or agent designated by
the supervising authority to visit the participant's place
of education or employment at any time, based upon the
approval of the educational institution or employer or
both, for the purpose of verifying the participant's
compliance with the conditions of his or her detention.
(D) The participant shall acknowledge and participate
with the approved electronic monitoring device as
designated by the supervising authority at any time for the
purpose of verifying the participant's compliance with the
conditions of his or her detention.
(E) The participant shall maintain the following:
(1) a working telephone in the participant's home;
(2) a monitoring device in the participant's home,
or on the participant's person, or both; and
(3) a monitoring device in the participant's home
and on the participant's person in the absence of a
telephone.
(F) The participant shall obtain approval from the
supervising authority before the participant changes
residence or the schedule described in paragraph (A) of
this Section.
(G) The participant shall not commit another act that
if committed by an adult would constitute a crime during
the period of home detention ordered by the court.
(H) Notice to the participant that violation of the
order for home detention may subject the participant to an
adjudicatory hearing for escape as described in Section
5-7A-120.
(I) The participant shall abide by other conditions as
set by the supervising authority.
(Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
court records.
(0.05) For purposes of this Section and Section 5-622:
"Expunge" means to physically destroy the records and
to obliterate the minor's name from any official index or
public record, or both. Nothing in this Act shall require
the physical destruction of the internal office records,
files, or databases maintained by a State's Attorney's
Office or other prosecutor.
"Law enforcement record" includes but is not limited to
records of arrest, station adjustments, fingerprints,
probation adjustments, the issuance of a notice to appear,
or any other records maintained by a law enforcement agency
relating to a minor suspected of committing an offense.
(1) Whenever a person has been arrested, charged, or
adjudicated delinquent for an incident occurring before his or
her 18th birthday that if committed by an adult would be an
offense, the person may petition the court at any time for
expungement of law enforcement records and juvenile court
records relating to the incident and, upon termination of all
juvenile court proceedings relating to that incident, the court
shall order the expungement of all records in the possession of
the Department of State Police, the clerk of the circuit court,
and law enforcement agencies relating to the incident, but only
in any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was found
not delinquent of that offense;
(c) the minor was placed under supervision pursuant to
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) Commencing 180 days after January 1, 2015 (the
effective date of Public Act 98-637) this amendatory Act of the
98th General Assembly, the Department of State Police shall
automatically expunge, on or before January 1 of each year, a
person's law enforcement records which are not subject to
subsection (1) relating to incidents occurring before his or
her 18th birthday in the Department's possession or control and
which contains the final disposition which pertain to the
person when arrested as a minor if:
(a) the minor was arrested for an eligible offense and
no petition for delinquency was filed with the clerk of the
circuit court; and
(b) the person attained the age of 18 years during the
last calendar year; and
(c) since the date of the minor's most recent arrest,
at least 6 months have elapsed without an additional
arrest, filing of a petition for delinquency whether
related or not to a previous arrest, or filing of charges
not initiated by arrest.
The Department of State Police shall allow a person to use
the Access and Review process, established in the Department of
State Police, for verifying that his or her law enforcement
records relating to incidents occurring before his or her 18th
birthday eligible under this subsection have been expunged as
provided in this subsection.
The Department of State Police shall provide by rule the
process for access, review, and automatic expungement.
(1.6) Commencing on January 1, 2015 (the effective date of
Public Act 98-637) this amendatory Act of the 98th General
Assembly, a person whose law enforcement records are not
subject to subsection (1) or (1.5) of this Section and who has
attained the age of 18 years may use the Access and Review
process, established in the Department of State Police, for
verifying his or her law enforcement records relating to
incidents occurring before his or her 18th birthday in the
Department's possession or control which pertain to the person
when arrested as a minor, if the incident occurred no earlier
than 30 years before January 1, 2015 (the effective date of
Public Act 98-637) this amendatory Act of the 98th General
Assembly. If the person identifies a law enforcement record of
an eligible offense that meets the requirements of this
subsection, paragraphs (a) and (c) of subsection (1.5) of this
Section, and all juvenile court proceedings related to the
person have been terminated, the person may file a Request for
Expungement of Juvenile Law Enforcement Records, in the form
and manner prescribed by the Department of State Police, with
the Department and the Department shall consider expungement of
the record as otherwise provided for automatic expungement
under subsection (1.5) of this Section. The person shall
provide notice and a copy of the Request for Expungement of
Juvenile Law Enforcement Records to the arresting agency,
prosecutor charged with the prosecution of the minor, or the
State's Attorney of the county that prosecuted the minor. The
Department of State Police shall provide by rule the process
for access, review, and Request for Expungement of Juvenile Law
Enforcement Records.
(1.7) Nothing in subsections (1.5) and (1.6) of this
Section precludes a person from filing a petition under
subsection (1) for expungement of records subject to automatic
expungement under that subsection (1) or subsection (1.5) or
(1.6) of this Section.
(1.8) For the purposes of subsections (1.5) and (1.6) of
this Section, "eligible offense" means records relating to an
arrest or incident occurring before the person's 18th birthday
that if committed by an adult is not an offense classified as a
Class 2 felony or higher offense, an offense under Article 11
of the Criminal Code of 1961 or the Criminal Code of 2012, or
an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
of the Criminal Code of 1961.
(2) Any person may petition the court to expunge all law
enforcement records relating to any incidents occurring before
his or her 18th birthday which did not result in proceedings in
criminal court and all juvenile court records with respect to
any adjudications except those based upon first degree murder
and sex offenses which would be felonies if committed by an
adult, if the person for whom expungement is sought has had no
convictions for any crime since his or her 18th birthday and:
(a) has attained the age of 21 years; or
(b) 5 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated or
his or her commitment to the Department of Juvenile Justice
pursuant to this Act has been terminated;
whichever is later of (a) or (b). Nothing in this Section 5-915
precludes a minor from obtaining expungement under Section
5-622.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court as
provided in paragraph (a) of subsection (1) at the time the
minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor has a right to
petition to have his or her arrest record expunged when all
juvenile court proceedings relating to that minor have been
terminated and that unless a petition to expunge is filed, the
minor shall have an arrest record and shall provide the minor
and the minor's parents or guardians with an expungement
information packet, including a petition to expunge juvenile
records obtained from the clerk of the circuit court.
(2.6) If a minor is charged with an offense and is found
not delinquent of that offense; or if a minor is placed under
supervision under Section 5-615, and the order of supervision
is successfully terminated; or if a minor is adjudicated for an
offense that would be a Class B misdemeanor, a Class C
misdemeanor, or a business or petty offense if committed by an
adult; or if a minor has incidents occurring before his or her
18th birthday that have not resulted in proceedings in criminal
court, or resulted in proceedings in juvenile court, and the
adjudications were not based upon first degree murder or sex
offenses that would be felonies if committed by an adult; then
at the time of sentencing or dismissal of the case, the judge
shall inform the delinquent minor of his or her right to
petition for expungement as provided by law, and the clerk of
the circuit court shall provide an expungement information
packet to the delinquent minor, written in plain language,
including a petition for expungement, a sample of a completed
petition, expungement instructions that shall include
information informing the minor that (i) once the case is
expunged, it shall be treated as if it never occurred, (ii) he
or she may apply to have petition fees waived, (iii) once he or
she obtains an expungement, he or she may not be required to
disclose that he or she had a juvenile record, and (iv) he or
she may file the petition on his or her own or with the
assistance of an attorney. The failure of the judge to inform
the delinquent minor of his or her right to petition for
expungement as provided by law does not create a substantive
right, nor is that failure grounds for: (i) a reversal of an
adjudication of delinquency, (ii) a new trial; or (iii) an
appeal.
(2.7) For counties with a population over 3,000,000, the
clerk of the circuit court shall send a "Notification of a
Possible Right to Expungement" post card to the minor at the
address last received by the clerk of the circuit court on the
date that the minor attains the age of 18 based on the
birthdate provided to the court by the minor or his or her
guardian in cases under paragraphs (b), (c), and (d) of
subsection (1); and when the minor attains the age of 21 based
on the birthdate provided to the court by the minor or his or
her guardian in cases under subsection (2).
(2.8) The petition for expungement for subsection (1) may
include multiple offenses on the same petition and shall be
substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1))
Now comes ............., petitioner, and respectfully requests
that this Honorable Court enter an order expunging all juvenile
law enforcement and court records of petitioner and in support
thereof states that: Petitioner has attained the age of ....,
his/her birth date being ......, or all Juvenile Court
proceedings terminated as of ......, whichever occurred later.
Petitioner was arrested on ..... by the ....... Police
Department for the offense or offenses of ......., and:
(Check All That Apply:)
( ) a. no petition or petitions were filed with the Clerk of
the Circuit Court.
( ) b. was charged with ...... and was found not delinquent of
the offense or offenses.
( ) c. a petition or petitions were filed and the petition or
petitions were dismissed without a finding of delinquency on
.....
( ) d. on ....... placed under supervision pursuant to Section
5-615 of the Juvenile Court Act of 1987 and such order of
supervision successfully terminated on ........
( ) e. was adjudicated for the offense or offenses, which would
have been a Class B misdemeanor, a Class C misdemeanor, or a
petty offense or business offense if committed by an adult.
Petitioner .... has .... has not been arrested on charges in
this or any county other than the charges listed above. If
petitioner has been arrested on additional charges, please list
the charges below:
Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through e., above): .....
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner to this incident or incidents, and (2) to
order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident or incidents.
......................
Petitioner (Signature)
..........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
The Petition for Expungement for subsection (2) shall be
substantially in the following form:
IN THE CIRCUIT COURT OF ........, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 2))
(Please prepare a separate petition for each offense)
Now comes ............, petitioner, and respectfully requests
that this Honorable Court enter an order expunging all Juvenile
Law Enforcement and Court records of petitioner and in support
thereof states that:
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th birthday and did not
result in proceedings in criminal court and the Petitioner has
not had any convictions for any crime since his/her 18th
birthday; and
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th birthday and the
adjudication was not based upon first degree first-degree
murder or sex offenses which would be felonies if committed by
an adult, and the Petitioner has not had any convictions for
any crime since his/her 18th birthday.
Petitioner was arrested on ...... by the ....... Police
Department for the offense of ........, and:
(Check whichever one occurred the latest:)
( ) a. The Petitioner has attained the age of 21 years, his/her
birthday being .......; or
( ) b. 5 years have elapsed since all juvenile court
proceedings relating to the Petitioner have been terminated; or
the Petitioner's commitment to the Department of Juvenile
Justice pursuant to the expungement of juvenile law enforcement
and court records provisions of the Juvenile Court Act of 1987
has been terminated. Petitioner ...has ...has not been arrested
on charges in this or any other county other than the charge
listed above. If petitioner has been arrested on additional
charges, please list the charges below:
Charge(s): ..........
Arresting Agency or Agencies: .......
Disposition/Result: (choose from a or b, above): ..........
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner related to this incident, and (2) to
order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident.
.......................
Petitioner (Signature)
......................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
(3) The chief judge of the circuit in which an arrest was
made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of a
person who is the subject of an arrest or a juvenile court
proceeding under subsection (1) or (2) of this Section, order
the law enforcement records or official court file, or both, to
be expunged from the official records of the arresting
authority, the clerk of the circuit court and the Department of
State Police. The person whose records are to be expunged shall
petition the court using the appropriate form containing his or
her current address and shall promptly notify the clerk of the
circuit court of any change of address. Notice of the petition
shall be served upon the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, the Department of
State Police, and the arresting agency or agencies by the clerk
of the circuit court. If an objection is filed within 45 days
of the notice of the petition, the clerk of the circuit court
shall set a date for hearing after the 45-day 45 day objection
period. At the hearing the court shall hear evidence on whether
the expungement should or should not be granted. Unless the
State's Attorney or prosecutor, the Department of State Police,
or an arresting agency objects to the expungement within 45
days of the notice, the court may enter an order granting
expungement. The clerk shall forward a certified copy of the
order to the Department of State Police and deliver a certified
copy of the order to the arresting agency.
(3.1) The Notice of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE
TO: State's Attorney
TO: Arresting Agency
................
................
................
................
TO: Illinois State Police
.....................
.....................
ATTENTION: Expungement
You are hereby notified that on ....., at ....., in courtroom
..., located at ..., before the Honorable ..., Judge, or any
judge sitting in his/her stead, I shall then and there present
a Petition to Expunge Juvenile records in the above-entitled
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
PROOF OF SERVICE
On the ....... day of ......, 20..., I on oath state that I
served this notice and true and correct copies of the
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are
directed;
or
by mailing copies to each entity to whom they are directed by
depositing the same in the U.S. Mail, proper postage fully
prepaid, before the hour of 5:00 p.m., at the United States
Postal Depository located at .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
(3.2) The Order of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT
(705 ILCS 405/5-915 (SUBSECTION 3))
This matter having been heard on the petitioner's motion and
the court being fully advised in the premises does find that
the petitioner is indigent or has presented reasonable cause to
waive all costs in this matter, IT IS HEREBY ORDERED that:
( ) 1. Clerk of Court and Department of State Police costs
are hereby waived in this matter.
( ) 2. The Illinois State Police Bureau of Identification
and the following law enforcement agencies expunge all records
of petitioner relating to an arrest dated ...... for the
offense of ......
Law Enforcement Agencies:
.........................
.........................
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
Court expunge all records regarding the above-captioned case.
ENTER: ......................
JUDGE
DATED: .......
Name:
Attorney for:
Address: City/State/Zip:
Attorney Number:
(3.3) The Notice of Objection shall be in substantially the
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
....................... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE OF OBJECTION
TO:(Attorney, Public Defender, Minor)
.................................
.................................
TO:(Illinois State Police)
.................................
.................................
TO:(Clerk of the Court)
.................................
.................................
TO:(Judge)
.................................
.................................
TO:(Arresting Agency/Agencies)
.................................
.................................
ATTENTION: You are hereby notified that an objection has been
filed by the following entity regarding the above-named minor's
petition for expungement of juvenile records:
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; or
( ) Arresting Agency or Agencies.
The agency checked above respectfully requests that this case
be continued and set for hearing on whether the expungement
should or should not be granted.
DATED: .......
Name:
Attorney For:
Address:
City/State/Zip:
Telephone:
Attorney No.:
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
This matter has been set for hearing on the foregoing
objection, on ...... in room ...., located at ....., before the
Honorable ....., Judge, or any judge sitting in his/her stead.
(Only one hearing shall be set, regardless of the number of
Notices of Objection received on the same case).
A copy of this completed Notice of Objection containing the
court date, time, and location, has been sent via regular U.S.
Mail to the following entities. (If more than one Notice of
Objection is received on the same case, each one must be
completed with the court date, time and location and mailed to
the following entities):
( ) Attorney, Public Defender or Minor;
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.
Date: ......
Initials of Clerk completing this section: .....
(4) Upon entry of an order expunging records or files, the
offense, which the records or files concern shall be treated as
if it never occurred. Law enforcement officers and other public
offices and agencies shall properly reply on inquiry that no
record or file exists with respect to the person.
(5) Records which have not been expunged are sealed, and
may be obtained only under the provisions of Sections 5-901,
5-905, and 5-915.
(6) Nothing in this Section shall be construed to prohibit
the maintenance of information relating to an offense after
records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable
identification of the offender. This information may only be
used for statistical and bona fide research purposes.
(6.5) The Department of State Police or any employee of the
Department shall be immune from civil or criminal liability for
failure to expunge any records of arrest that are subject to
expungement under subsection (1.5) or (1.6) of this Section
because of inability to verify a record. Nothing in subsection
(1.5) or (1.6) of this Section shall create Department of State
Police liability or responsibility for the expungement of law
enforcement records it does not possess.
(7)(a) The State Appellate Defender shall establish,
maintain, and carry out, by December 31, 2004, a juvenile
expungement program to provide information and assistance to
minors eligible to have their juvenile records expunged.
(b) The State Appellate Defender shall develop brochures,
pamphlets, and other materials in printed form and through the
agency's World Wide Web site. The pamphlets and other materials
shall include at a minimum the following information:
(i) An explanation of the State's juvenile expungement
process;
(ii) The circumstances under which juvenile
expungement may occur;
(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
juvenile expungement process; and
(v) Directions on how to contact the State Appellate
Defender.
(c) The State Appellate Defender shall establish and
maintain a statewide toll-free telephone number that a person
may use to receive information or assistance concerning the
expungement of juvenile records. The State Appellate Defender
shall advertise the toll-free telephone number statewide. The
State Appellate Defender shall develop an expungement
information packet that may be sent to eligible persons seeking
expungement of their juvenile records, which may include, but
is not limited to, a pre-printed expungement petition with
instructions on how to complete the petition and a pamphlet
containing information that would assist individuals through
the juvenile expungement process.
(d) The State Appellate Defender shall compile a statewide
list of volunteer attorneys willing to assist eligible
individuals through the juvenile expungement process.
(e) This Section shall be implemented from funds
appropriated by the General Assembly to the State Appellate
Defender for this purpose. The State Appellate Defender shall
employ the necessary staff and adopt the necessary rules for
implementation of this Section.
(8)(a) Except with respect to law enforcement agencies, the
Department of Corrections, State's Attorneys, or other
prosecutors, an expunged juvenile record may not be considered
by any private or public entity in employment matters,
certification, licensing, revocation of certification or
licensure, or registration. Applications for employment must
contain specific language that states that the applicant is not
obligated to disclose expunged juvenile records of conviction
or arrest. Employers may not ask if an applicant has had a
juvenile record expunged. Effective January 1, 2005, the
Department of Labor shall develop a link on the Department's
website to inform employers that employers may not ask if an
applicant had a juvenile record expunged and that application
for employment must contain specific language that states that
the applicant is not obligated to disclose expunged juvenile
records of arrest or conviction.
(b) A person whose juvenile records have been expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of expungement. Public Act 93-912 This
amendatory Act of the 93rd General Assembly does not affect the
right of the victim of a crime to prosecute or defend a civil
action for damages.
(c) The expungement of juvenile records under Section 5-622
shall be funded by the additional fine imposed under Section
5-9-1.17 of the Unified Code of Corrections and additional
appropriations made by the General Assembly for such purpose.
(9) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(10) The changes made in subsection (1.5) of this Section
by Public Act 98-637 this amendatory Act of the 98th General
Assembly apply to law enforcement records of a minor who has
been arrested or taken into custody on or after January 1,
2015. The changes made in subsection (1.6) of this Section by
Public Act 98-637 this amendatory Act of the 98th General
Assembly apply to law enforcement records of a minor who has
been arrested or taken into custody before January 1, 2015.
(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
9-2-16.)
Section 665. The Criminal Code of 2012 is amended by
changing Sections 17-2, 24-1.6, 24-2, and 32-14 as follows:
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
Sec. 17-2. False personation; solicitation.
(a) False personation; solicitation.
(1) A person commits a false personation when he or she
knowingly and falsely represents himself or herself to be a
member or representative of any veterans' or public safety
personnel organization or a representative of any
charitable organization, or when he or she knowingly
exhibits or uses in any manner any decal, badge or insignia
of any charitable, public safety personnel, or veterans'
organization when not authorized to do so by the
charitable, public safety personnel, or veterans'
organization. "Public safety personnel organization" has
the meaning ascribed to that term in Section 1 of the
Solicitation for Charity Act.
(2) A person commits a false personation when he or she
knowingly and falsely represents himself or herself to be a
veteran in seeking employment or public office. In this
paragraph, "veteran" means a person who has served in the
Armed Services or Reserve Forces of the United States.
(2.1) A person commits a false personation when he or
she knowingly and falsely represents himself or herself to
be:
(A) an active-duty member of the Armed Services or
Reserve Forces of the United States or the National
Guard or a veteran of the Armed Services or Reserve
Forces of the United States or the National Guard; and
(B) obtains money, property, or another tangible
benefit through that false representation.
In this paragraph, "member of the Armed Services or
Reserve Forces of the United States" means a member of the
United States Navy, Army, Air Force, Marine Corps, or Coast
Guard; and "veteran" means a person who has served in the
Armed Services or Reserve Forces of the United States or
the National Guard.
(2.5) A person commits a false personation when he or
she knowingly and falsely represents himself or herself to
be:
(A) another actual person and does an act in such
assumed character with intent to intimidate, threaten,
injure, defraud, or to obtain a benefit from another;
or
(B) a representative of an actual person or
organization and does an act in such false capacity
with intent to obtain a benefit or to injure or defraud
another.
(3) No person shall knowingly use the words "Police",
"Police Department", "Patrolman", "Sergeant",
"Lieutenant", "Peace Officer", "Sheriff's Police",
"Sheriff", "Officer", "Law Enforcement", "Trooper",
"Deputy", "Deputy Sheriff", "State Police", or any other
words to the same effect (i) in the title of any
organization, magazine, or other publication without the
express approval of the named public safety personnel
organization's governing board or (ii) in combination with
the name of any state, state agency, public university, or
unit of local government without the express written
authorization of that state, state agency, public
university, or unit of local government.
(4) No person may knowingly claim or represent that he
or she is acting on behalf of any public safety personnel
organization when soliciting financial contributions or
selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements unless the chief of the police department,
fire department, and the corporate or municipal authority
thereof, or the sheriff has first entered into a written
agreement with the person or with an organization with
which the person is affiliated and the agreement permits
the activity and specifies and states clearly and fully the
purpose for which the proceeds of the solicitation,
contribution, or sale will be used.
(5) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements may claim or represent that he or she is
representing or acting on behalf of any nongovernmental
organization by any name which includes "officer", "peace
officer", "police", "law enforcement", "trooper",
"sheriff", "deputy", "deputy sheriff", "State police", or
any other word or words which would reasonably be
understood to imply that the organization is composed of
law enforcement personnel unless:
(A) the person is actually representing or acting
on behalf of the nongovernmental organization;
(B) the nongovernmental organization is controlled
by and governed by a membership of and represents a
group or association of active duty peace officers,
retired peace officers, or injured peace officers; and
(C) before commencing the solicitation or the sale
or the offers to sell any merchandise, goods, services,
memberships, or advertisements, a written contract
between the soliciting or selling person and the
nongovernmental organization, which specifies and
states clearly and fully the purposes for which the
proceeds of the solicitation, contribution, or sale
will be used, has been entered into.
(6) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements, may knowingly claim or represent that he or
she is representing or acting on behalf of any
nongovernmental organization by any name which includes
the term "fireman", "fire fighter", "paramedic", or any
other word or words which would reasonably be understood to
imply that the organization is composed of fire fighter or
paramedic personnel unless:
(A) the person is actually representing or acting
on behalf of the nongovernmental organization;
(B) the nongovernmental organization is controlled
by and governed by a membership of and represents a
group or association of active duty, retired, or
injured fire fighters (for the purposes of this
Section, "fire fighter" has the meaning ascribed to
that term in Section 2 of the Illinois Fire Protection
Training Act) or active duty, retired, or injured
emergency medical technicians - ambulance, emergency
medical technicians - intermediate, emergency medical
technicians - paramedic, ambulance drivers, or other
medical assistance or first aid personnel; and
(C) before commencing the solicitation or the sale
or delivery or the offers to sell or deliver any
merchandise, goods, services, memberships, or
advertisements, the soliciting or selling person and
the nongovernmental organization have entered into a
written contract that specifies and states clearly and
fully the purposes for which the proceeds of the
solicitation, contribution, or sale will be used.
(7) No person may knowingly claim or represent that he
or she is an airman, airline employee, airport employee, or
contractor at an airport in order to obtain the uniform,
identification card, license, or other identification
paraphernalia of an airman, airline employee, airport
employee, or contractor at an airport.
(8) No person, firm, copartnership, or corporation
(except corporations organized and doing business under
the Pawners Societies Act) shall knowingly use a name that
contains in it the words "Pawners' Society".
(b) False personation; public officials and employees. A
person commits a false personation if he or she knowingly and
falsely represents himself or herself to be any of the
following:
(1) An attorney authorized to practice law for purposes
of compensation or consideration. This paragraph (b)(1)
does not apply to a person who unintentionally fails to pay
attorney registration fees established by Supreme Court
Rule.
(2) A public officer or a public employee or an
official or employee of the federal government.
(2.3) A public officer, a public employee, or an
official or employee of the federal government, and the
false representation is made in furtherance of the
commission of felony.
(2.7) A public officer or a public employee, and the
false representation is for the purpose of effectuating
identity theft as defined in Section 16-30 of this Code.
(3) A peace officer.
(4) A peace officer while carrying a deadly weapon.
(5) A peace officer in attempting or committing a
felony.
(6) A peace officer in attempting or committing a
forcible felony.
(7) The parent, legal guardian, or other relation of a
minor child to any public official, public employee, or
elementary or secondary school employee or administrator.
(7.5) The legal guardian, including any representative
of a State or public guardian, of a person with a
disability appointed under Article XIa of the Probate Act
of 1975.
(8) A fire fighter.
(9) A fire fighter while carrying a deadly weapon.
(10) A fire fighter in attempting or committing a
felony.
(11) An emergency management worker of any
jurisdiction in this State.
(12) An emergency management worker of any
jurisdiction in this State in attempting or committing a
felony. For the purposes of this subsection (b), "emergency
management worker" has the meaning provided under Section
2-6.6 of this Code.
(b-5) The trier of fact may infer that a person falsely
represents himself or herself to be a public officer or a
public employee or an official or employee of the federal
government if the person:
(1) wears or displays without authority any uniform,
badge, insignia, or facsimile thereof by which a public
officer or public employee or official or employee of the
federal government is lawfully distinguished; or
(2) falsely expresses by word or action that he or she
is a public officer or public employee or official or
employee of the federal government and is acting with
approval or authority of a public agency or department.
(c) Fraudulent advertisement of a corporate name.
(1) A company, association, or individual commits
fraudulent advertisement of a corporate name if he, she, or
it, not being incorporated, puts forth a sign or
advertisement and assumes, for the purpose of soliciting
business, a corporate name.
(2) Nothing contained in this subsection (c) prohibits
a corporation, company, association, or person from using a
divisional designation or trade name in conjunction with
its corporate name or assumed name under Section 4.05 of
the Business Corporation Act of 1983 or, if it is a member
of a partnership or joint venture, from doing partnership
or joint venture business under the partnership or joint
venture name. The name under which the joint venture or
partnership does business may differ from the names of the
members. Business may not be conducted or transacted under
that joint venture or partnership name, however, unless all
provisions of the Assumed Business Name Act have been
complied with. Nothing in this subsection (c) permits a
foreign corporation to do business in this State without
complying with all Illinois laws regulating the doing of
business by foreign corporations. No foreign corporation
may conduct or transact business in this State as a member
of a partnership or joint venture that violates any
Illinois law regulating or pertaining to the doing of
business by foreign corporations in Illinois.
(3) The provisions of this subsection (c) do not apply
to limited partnerships formed under the Revised Uniform
Limited Partnership Act or under the Uniform Limited
Partnership Act (2001).
(d) False law enforcement badges.
(1) A person commits false law enforcement badges if he
or she knowingly produces, sells, or distributes a law
enforcement badge without the express written consent of
the law enforcement agency represented on the badge or, in
case of a reorganized or defunct law enforcement agency,
its successor law enforcement agency.
(2) It is a defense to false law enforcement badges
that the law enforcement badge is used or is intended to be
used exclusively: (i) as a memento or in a collection or
exhibit; (ii) for decorative purposes; or (iii) for a
dramatic presentation, such as a theatrical, film, or
television production.
(e) False medals.
(1) A person commits a false personation if he or she
knowingly and falsely represents himself or herself to be a
recipient of, or wears on his or her person, any of the
following medals if that medal was not awarded to that
person by the United States Government, irrespective of
branch of service: The Congressional Medal of Honor, The
Distinguished Service Cross, The Navy Cross, The Air Force
Cross, The Silver Star, The Bronze Star, or the Purple
Heart.
(2) It is a defense to a prosecution under paragraph
(e)(1) that the medal is used, or is intended to be used,
exclusively:
(A) for a dramatic presentation, such as a
theatrical, film, or television production, or a
historical re-enactment; or
(B) for a costume worn, or intended to be worn, by
a person under 18 years of age.
(f) Sentence.
(1) A violation of paragraph (a)(8) is a petty offense
subject to a fine of not less than $5 nor more than $100,
and the person, firm, copartnership, or corporation
commits an additional petty offense for each day he, she,
or it continues to commit the violation. A violation of
paragraph (c)(1) is a petty offense, and the company,
association, or person commits an additional petty offense
for each day he, she, or it continues to commit the
violation. A violation of paragraph (a)(2.1) or subsection
(e) is a petty offense for which the offender shall be
fined at least $100 and not more than $200.
(2) A violation of paragraph (a)(1), (a)(3), or
(b)(7.5) is a Class C misdemeanor.
(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
(b)(2), or (b)(7) or subsection (d) is a Class A
misdemeanor. A second or subsequent violation of
subsection (d) is a Class 3 felony.
(4) A violation of paragraph (a)(4), (a)(5), (a)(6),
(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
Class 4 felony.
(5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
is a Class 3 felony.
(6) A violation of paragraph (b)(5) or (b)(10) is a
Class 2 felony.
(7) A violation of paragraph (b)(6) is a Class 1
felony.
(g) A violation of subsection (a)(1) through (a)(7) or
subsection (e) of this Section may be accomplished in person or
by any means of communication, including but not limited to the
use of an Internet website or any form of electronic
communication.
(Source: P.A. 98-1125, eff. 1-1-15; 99-143, eff. 7-27-15;
99-561, eff. 7-15-16; revised 9-2-16.)
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible
at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had an a order
of protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 5 of the Firearm Concealed Carry Act.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
who has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony
for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 7
years.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) or both items (A-5) and (C) of
paragraph (3) of subsection (a) are present is a Class 4
felony, for which the person shall be sentenced to a term
of imprisonment of not less than one year and not more than
3 years.
(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is a Class 2 felony for which the
person shall be sentenced to a term of imprisonment of not
less than 3 years and not more than 7 years.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1
by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance of
the duties of their employment or commuting between their
homes and places of employment; and watchmen while actually
engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by a private security contractor, private
detective, or private alarm contractor agency licensed by
the Department of Financial and Professional Regulation,
if their duties include the carrying of a weapon under the
provisions of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004, while actually engaged in the performance of the
duties of their employment or commuting between their homes
and places of employment. A person shall be considered
eligible for this exemption if he or she has completed the
required 20 hours of training for a private security
contractor, private detective, or private alarm
contractor, or employee of a licensed private security
contractor, private detective, or private alarm contractor
agency and 20 hours of required firearm training, and has
been issued a firearm control card by the Department of
Financial and Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004. The firearm control card shall be
carried by the private security contractor, private
detective, or private alarm contractor, or employee of the
licensed private security contractor, private detective,
or private alarm contractor agency at all times when he or
she is in possession of a concealable weapon permitted by
his or her firearm control card.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection
of persons employed and private property related to such
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between
sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force
registered with the Department of Financial and
Professional Regulation; provided that such security guard
has successfully completed a course of study, approved by
and supervised by the Department of Financial and
Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20 hours
of training for a security officer and 20 hours of required
firearm training, and has been issued a firearm control
card by the Department of Financial and Professional
Regulation. Conditions for the renewal of firearm control
cards issued under the provisions of this Section shall be
the same as for those cards issued under the provisions of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004. The firearm
control card shall be carried by the security guard at all
times when he or she is in possession of a concealable
weapon permitted by his or her firearm control card.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution as a
security guard for the protection of other employees and
property related to such financial institution, while
actually engaged in the performance of their duties,
commuting between their homes and places of employment, or
traveling between sites or properties owned or operated by
such financial institution, and who, as a security guard,
is a member of a security force registered with the
Department; provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Financial and Professional
Regulation, consisting of not less than 40 hours of
training which includes theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered to be eligible for this exemption if he
or she has completed the required 20 hours of training for
a security officer and 20 hours of required firearm
training, and has been issued a firearm control card by the
Department of Financial and Professional Regulation.
Conditions for renewal of firearm control cards issued
under the provisions of this Section shall be the same as
for those issued under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. The firearm control card
shall be carried by the security guard at all times when he
or she is in possession of a concealable weapon permitted
by his or her firearm control card. For purposes of this
subsection, "financial institution" means a bank, savings
and loan association, credit union or company providing
armored car services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace officers
pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of the
State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part of
their assigned duties, with the consent of the chief judge
of the circuit for which they are employed, if they have
received weapons training according to requirements of the
Peace Officer and Probation Officer Firearm Training Act.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
to or affect any person carrying a concealed pistol, revolver,
or handgun and the person has been issued a currently valid
license under the Firearm Concealed Carry Act at the time of
the commission of the offense.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that person's
permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the lawful
scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or experimental
activities necessary thereto, of rifles, shotguns, and
weapons made from rifles or shotguns, or ammunition for
such rifles, shotguns or weapons, where engaged in by a
person operating as a contractor or subcontractor pursuant
to a contract or subcontract for the development and supply
of such rifles, shotguns, weapons or ammunition to the
United States government or any branch of the Armed Forces
of the United States, when such activities are necessary
and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
(7) A person possessing a rifle with a barrel or
barrels less than 16 inches in length if: (A) the person
has been issued a Curios and Relics license from the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
the person is an active member of a bona fide, nationally
recognized military re-enacting group and the modification
is required and necessary to accurately portray the weapon
for historical re-enactment purposes; the re-enactor is in
possession of a valid and current re-enacting group
membership credential; and the overall length of the weapon
as modified is not less than 26 inches.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordnance ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordnance ordinance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, these devices shall be detached from any weapon
or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-7) Subsection 24-1(a)(6) does not apply to a peace
officer while serving as a member of a tactical response team
or special operations team. A peace officer may not personally
own or apply for ownership of a device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm. These devices shall be owned and
maintained by lawfully recognized units of government whose
duties include the investigation of criminal acts.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,
eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)
(720 ILCS 5/32-14)
Sec. 32-14. Unlawful manipulation of a judicial sale.
(a) A person commits the offense of unlawful manipulation
of a judicial sale when he or she knowingly and by any means
makes any contract with or engages in any combination or
conspiracy with any other person who is, or but for a prior
agreement is, a competitor of such person for the purpose of or
with the effect of fixing, controlling, limiting, or otherwise
manipulating (1) the participation of any person in, or (2) the
making of bids, at any judicial sale.
(b) Penalties. Unlawful manipulation of a judicial sale is
a Class 3 felony. A mandatory fine shall be imposed for a
violation, not to exceed $1,000,000 if the violator is a
corporation, or, if the violator is any other person, $100,000.
A second or subsequent violation is a Class 2 felony.
(c) Injunctive and other relief. The State's Attorney shall
bring suit in the circuit court to prevent and restrain
violations of subsection (a). In such a proceeding, the court
shall determine whether a violation has been committed, and
shall enter such judgment as it considers necessary to remove
the effects of any violation which it finds, and to prevent
such violation from continuing or from being renewed in the
future. The court, in its discretion, may exercise all powers
necessary for this purpose, including, but not limited to,
injunction and divestiture of property.
(d) Private right of action. Any person who has been
injured by a violation of subsection (a) may maintain an action
in the Circuit Court for damages, or for an injunction, or
both, against any person who has committed such violation. If,
in an action for an injunction, the court issues an injunction,
the plaintiff shall be awarded costs and reasonable attorney's
fees. In an action for damages, the person injured shall be
awarded 3 times the amount of actual damages. This State,
counties, municipalities, townships, and any political
subdivision organized under the authority of this State, and
the United States, are considered a person having standing to
bring an action under this subsection. Any action for damages
under this subsection is forever barred unless commenced within
4 years after the cause of action accrued. In any action for
damages under this subsection, the court may, in its
discretion, award reasonable fees to the prevailing defendant
upon a finding that the plaintiff acted in bad faith,
vexatiously, wantonly, or for oppressive reasons.
(e) Exclusion from subsequent judicial sales. Any person
convicted of a violation of subsection (a) or any similar
offense of any state or the United States shall be barred for 5
years from the date of conviction from participating as a
bidding entity in any judicial sale. No corporation shall be
barred from participating in a judicial sale as a result of a
conviction under subsection (a) of any employee or agent of
such corporation if the employee so convicted is no longer
employed by the corporation and: (1) it has been finally
adjudicated not guilty or (2) it demonstrates to the circuit
court conducting such judicial sale and the court so finds that
the commission of the offense was neither authorized,
requested, commanded, nor performed by a director, officer or a
high managerial agent in behalf of the corporation as provided
in paragraph (2) of subsection (a) of Section 5-4 of this Code.
(f) Definitions. As used in this Section, unless the
context otherwise requires:
"Judicial sale" means any sale of real or personal property
in accordance with a court order, including, but not limited
to, judicial sales conducted pursuant to Section 15-1507 of the
Code of Civil Procedure, sales ordered to satisfy judgments
under Article XII of the Code of Civil Procedure, and
enforcements of delinquent property taxes under Article 21 XXI
of the Property Tax Code.
"Person" means any natural person, or any corporation,
partnership, or association of persons.
(Source: P.A. 96-408, eff. 8-13-09; revised 10-5-16.)
Section 670. The Illinois Controlled Substances Act is
amended by changing Section 204 as follows:
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
Sec. 204. (a) The controlled substances listed in this
Section are included in Schedule I.
(b) Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of such isomers, esters,
ethers and salts is possible within the specific chemical
designation:
(1) Acetylmethadol;
(1.1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-
4-piperidinyl]-N-phenylacetamide);
(2) Allylprodine;
(3) Alphacetylmethadol, except
levo-alphacetylmethadol (also known as levo-alpha-
acetylmethadol, levomethadyl acetate, or LAAM);
(4) Alphameprodine;
(5) Alphamethadol;
(6) Alpha-methylfentanyl
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine;
(6.1) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
(7.1) PEPAP
(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(8) Benzethidine;
(9) Betacetylmethadol;
(9.1) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-
4-piperidinyl]-N-phenylpropanamide);
(10) Betameprodine;
(11) Betamethadol;
(12) Betaprodine;
(13) Clonitazene;
(14) Dextromoramide;
(15) Diampromide;
(16) Diethylthiambutene;
(17) Difenoxin;
(18) Dimenoxadol;
(19) Dimepheptanol;
(20) Dimethylthiambutene;
(21) Dioxaphetylbutyrate;
(22) Dipipanone;
(23) Ethylmethylthiambutene;
(24) Etonitazene;
(25) Etoxeridine;
(26) Furethidine;
(27) Hydroxpethidine;
(28) Ketobemidone;
(29) Levomoramide;
(30) Levophenacylmorphan;
(31) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-
4-piperidyl]-N-phenylpropanamide);
(31.1) 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(32) Morpheridine;
(33) Noracymethadol;
(34) Norlevorphanol;
(35) Normethadone;
(36) Norpipanone;
(36.1) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
4-piperidinyl]propanamide);
(37) Phenadoxone;
(38) Phenampromide;
(39) Phenomorphan;
(40) Phenoperidine;
(41) Piritramide;
(42) Proheptazine;
(43) Properidine;
(44) Propiram;
(45) Racemoramide;
(45.1) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-
4-piperidinyl]-propanamide);
(46) Tilidine;
(47) Trimeperidine;
(48) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
N-phenylpropanamide).
(c) Unless specifically excepted or unless listed in
another schedule, any of the following opium derivatives, its
salts, isomers and salts of isomers, whenever the existence of
such salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Diacetyldihydromorphine (Dihydroheroin);
(9) Dihydromorphine;
(10) Drotebanol;
(11) Etorphine (except hydrochloride salt);
(12) Heroin;
(13) Hydromorphinol;
(14) Methyldesorphine;
(15) Methyldihydromorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;
(24) Thebacon.
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers and salts of isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible within the
specific chemical designation (for the purposes of this
paragraph only, the term "isomer" includes the optical,
position and geometric isomers):
(1) 3,4-methylenedioxyamphetamine
(alpha-methyl,3,4-methylenedioxyphenethylamine,
methylenedioxyamphetamine, MDA);
(1.1) Alpha-ethyltryptamine
(some trade or other names: etryptamine;
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl)indole; a-ET; and AET);
(2) 3,4-methylenedioxymethamphetamine (MDMA);
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
(also known as: N-ethyl-alpha-methyl-
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
and MDEA);
(2.2) N-Benzylpiperazine (BZP);
(2.2-1) Trifluoromethylphenylpiperazine (TFMPP);
(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
(4) 3,4,5-trimethoxyamphetamine (TMA);
(5) (Blank);
(6) Diethyltryptamine (DET);
(7) Dimethyltryptamine (DMT);
(7.1) 5-Methoxy-diallyltryptamine;
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
(9) Ibogaine (some trade and other names:
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
indole; Tabernanthe iboga);
(10) Lysergic acid diethylamide;
(10.1) Salvinorin A;
(10.5) Salvia divinorum (meaning all parts of the plant
presently classified botanically as Salvia divinorum,
whether growing or not, the seeds thereof, any extract from
any part of that plant, and every compound, manufacture,
salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible
within the specific chemical designation, derivative,
mixture, or preparation of that plant, its seeds or
extracts);
(11) 3,4,5-trimethoxyphenethylamine (Mescaline);
(12) Peyote (meaning all parts of the plant presently
classified botanically as Lophophora williamsii Lemaire,
whether growing or not, the seeds thereof, any extract from
any part of that plant, and every compound, manufacture,
salts, derivative, mixture, or preparation of that plant,
its seeds or extracts);
(13) N-ethyl-3-piperidyl benzilate (JB 318);
(14) N-methyl-3-piperidyl benzilate;
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
(15) Parahexyl; some trade or other names:
3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
dibenzo (b,d) pyran; Synhexyl;
(16) Psilocybin;
(17) Psilocyn;
(18) Alpha-methyltryptamine (AMT);
(19) 2,5-dimethoxyamphetamine
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(20) 4-bromo-2,5-dimethoxyamphetamine
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
Some trade or other names: 2-(4-bromo-
2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB, 2CB, Nexus;
(21) 4-methoxyamphetamine
(4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(22) (Blank);
(23) Ethylamine analog of phencyclidine.
Some trade or other names:
N-ethyl-1-phenylcyclohexylamine,
(1-phenylcyclohexyl) ethylamine,
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(24) Pyrrolidine analog of phencyclidine. Some trade
or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
PHP;
(25) 5-methoxy-3,4-methylenedioxy-amphetamine;
(26) 2,5-dimethoxy-4-ethylamphetamine
(another name: DOET);
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
(another name: TCPy);
(28) (Blank);
(29) Thiophene analog of phencyclidine (some trade
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
2-thienyl analog of phencyclidine; TPCP; TCP);
(30) Bufotenine (some trade or other names:
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol;
5-hydroxy-N,N-dimethyltryptamine;
N,N-dimethylserotonin; mappine);
(31) 1-Pentyl-3-(1-naphthoyl)indole
Some trade or other names: JWH-018;
(32) 1-Butyl-3-(1-naphthoyl)indole
Some trade or other names: JWH-073;
(33) 1-[(5-fluoropentyl)-1H-indol-3-yl]-
(2-iodophenyl)methanone
Some trade or other names: AM-694;
(34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-
(2-methyloctan-2-yl)phenol
Some trade or other names: CP 47,497
and its C6, C8 and C9 homologs;
(34.5) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-
(2-methyloctan-2-yl)phenol), where side chain n=5;
and homologues where side chain n=4, 6, or 7; Some
trade or other names: CP 47,497;
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,
10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-210;
(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol, its isomers,
salts, and salts of isomers; Some trade or other
names: HU-210, Dexanabinol;
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-211;
(37) (2-methyl-1-propyl-1H-indol-
3-yl)-1-naphthalenyl-methanone
Some trade or other names: JWH-015;
(38) 4-methoxynaphthalen-1-yl-
(1-pentylindol-3-yl)methanone
Some trade or other names: JWH-081;
(39) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole
Some trade or other names: JWH-122;
(40) 2-(2-methylphenyl)-1-(1-pentyl-
1H-indol-3-yl)-ethanone
Some trade or other names: JWH-251;
(41) 1-(2-cyclohexylethyl)-3-
(2-methoxyphenylacetyl)indole
Some trade or other names: RCS-8, BTW-8 and SR-18;
(42) Any compound structurally derived from
3-(1-naphthoyl)indole or 1H-indol-3-yl-
(1-naphthyl)methane by substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl whether or not further
substituted in the indole ring to any extent, whether
or not substituted in the naphthyl ring to any extent.
Examples of this structural class include, but are
not limited to, JWH-018, AM-2201, JWH-175, JWH-184,
and JWH-185;
(43) Any compound structurally derived from
3-(1-naphthoyl)pyrrole by substitution at the nitrogen
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
aryl halide, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl, whether or not further
substituted in the pyrrole ring to any extent, whether
or not substituted in the naphthyl ring to any extent.
Examples of this structural class include, but are not
limited to, JWH-030, JWH-145, JWH-146, JWH-307, and
JWH-368;
(44) Any compound structurally derived from
1-(1-naphthylmethyl)indene by substitution
at the 3-position of the indene ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
halide, alkyl aryl halide, 1-(N-methyl-
2-piperidinyl)methyl, or 2-(4-
morpholinyl)ethyl whether or not further substituted in
the indene ring to any extent, whether or not substituted
in the naphthyl ring to any extent. Examples of
this structural class include, but are not
limited to, JWH-176;
(45) Any compound structurally derived from
3-phenylacetylindole by substitution at the
nitrogen atom of the indole ring with alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
halide, alkyl aryl halide, 1-(N-methyl-2-
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
whether or not further substituted in the indole ring
to any extent, whether or not substituted in the phenyl
ring to any extent. Examples of this structural
class include, but are not limited to, JWH-167,
JWH-250, JWH-251, and RCS-8;
(46) Any compound structurally derived from
2-(3-hydroxycyclohexyl)phenol by substitution
at the 5-position of the phenolic ring by alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl halide, 1-(N-methyl-2-
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
whether or not substituted in the cyclohexyl ring to any
extent. Examples of this structural class
include, but are not limited to, CP 47,
497 and its C8 homologue (cannabicyclohexanol);
(46.1) Benzoylindoles: Any compound
containing a 3-(benzoyl) indole structure with
substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group
whether or not further substituted
in the indole ring to any extent and
whether or not substituted in the phenyl ring
to any extent. Examples of this structural class
include, but are not limited, to, AM-630,
AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;
(47) 3,4-Methylenedioxymethcathinone
Some trade or other names: Methylone;
(48) 3,4-Methyenedioxypyrovalerone
Some trade or other names: MDPV;
(49) 4-Methylmethcathinone
Some trade or other names: Mephedrone;
(50) 4-methoxymethcathinone;
(51) 4-Fluoromethcathinone;
(52) 3-Fluoromethcathinone;
(53) 2,5-Dimethoxy-4-(n)-propylthio-
phenethylamine;
(54) 5-Methoxy-N,N-diisopropyltryptamine;
(55) Pentedrone;
(56) 4-iodo-2,5-dimethoxy-N-((2-methoxy
phenyl)methyl)-benzeneethanamine
(trade or other name: 25I-NBOMe);
(57) 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl)
methyl]-benzeneethanamine (trade or other name:
25C-NBOMe);
(58) 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)
methyl]-benzeneethanamine (trade or other name:
25B-NBOMe);
(59) 3-cyclopropoylindole with
substitution at the nitrogen atom of the
indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl
halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not
further substituted on the indole ring
to any extent, whether or not substituted
on the cyclopropyl ring to any extent:
including, but not limited to, XLR11,
UR144, FUB-144;
(60) 3-adamantoylindole with
substitution at the nitrogen atom of the
indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not
further substituted on the indole ring to
any extent, whether or not substituted on
the adamantyl ring to any extent: including,
but not limited to, AB-001;
(61) N-(adamantyl)-indole-3-carboxamide
with substitution at the nitrogen atom of the
indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide,
alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl, whether or not further
substituted on the indole ring to any extent, whether
or not substituted on the adamantyl ring to any
extent: including, but not limited to,
APICA/2NE-1, STS-135;
(62) N-(adamantyl)-indazole-3-carboxamide
with substitution at a nitrogen atom of the indazole
ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further
substituted on the indazole ring to any extent,
whether or not substituted on the adamantyl
ring to any extent: including, but not limited
to, AKB48, 5F-AKB48;
(63) 1H-indole-3-carboxylic acid 8-quinolinyl
ester with substitution at the nitrogen atom of the
indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further
substituted on the indole ring to any extent,
whether or not substituted on the quinoline ring
to any extent: including, but not limited to, PB22,
5F-PB22, FUB-PB-22;
(64) 3-(1-naphthoyl)indazole with
substitution at the nitrogen atom of the
indazole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further
substituted on the indazole ring to any extent,
whether or not substituted on the naphthyl ring
to any extent: including, but not limited to,
THJ-018, THJ-2201;
(65) 2-(1-naphthoyl)benzimidazole with
substitution at the nitrogen atom of the benzimidazole
ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, aryl halide, alkyl aryl halide,
1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further
substituted on the benzimidazole ring to any extent,
whether or not substituted on the naphthyl ring to
any extent: including, but not limited to, FUBIMINA;
(66) N-(1-amino-3-methyl-1-oxobutan-2-yl)
-1H-indazole-3-carboxamide with substitution on the
nitrogen atom of the indazole ring by alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl halide, 1-(N-methyl-2-
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
whether or not further substituted on the indazole
ring to any extent: including, but not limited to,
AB-PINACA, AB-FUBINACA, AB-CHMINACA;
(67) N-(1-amino-3,3-dimethyl-1-oxobutan-
2-yl)-1H-indazole-3-carboxamide with substitution
on the nitrogen atom of the indazole ring by alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
aryl halide, alkyl aryl halide, 1-(N-methyl-2-
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether
or not further substituted on the indazole ring to any
extent: including, but not limited to, ADB-PINACA,
ADB-FUBINACA;
(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-
1H-indole-3-carboxamide with substitution on the nitrogen
atom of the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl
aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl, whether or not further
substituted on the indole ring to any extent:
including, but not limited to, ADBICA, 5F-ADBICA;
(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-
1H-indole-3-carboxamide with substitution on the
nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
halide, alkyl aryl halide, 1-(N-methyl-2-
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
whether or not further substituted on the indole
ring to any extent: including, but not limited
to, ABICA, 5F-ABICA;
(70) Methyl 2-(1H-indazole-3-carboxamido)-
3-methylbutanoate with substitution on the nitrogen
atom of the indazole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl
halide, alkyl aryl halide, 1-(N-methyl-2-
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,
whether or not further substituted on the indazole
ring to any extent: including, but not limited to, AMB,
5F-AMB.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) mecloqualone;
(2) methaqualone; and
(3) gamma hydroxybutyric acid.
(f) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers, and salts of isomers:
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) Aminorex (some other names:
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
4-5-dihydro-5-phenyl-2-oxazolamine) and its
salts, optical isomers, and salts of optical isomers;
(4) Methcathinone (some other names:
2-methylamino-1-phenylpropan-1-one;
Ephedrone; 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; N-methylcathinone;
methycathinone; Monomethylpropion; UR 1431) and its
salts, optical isomers, and salts of optical isomers;
(5) Cathinone (some trade or other names:
2-aminopropiophenone; alpha-aminopropiophenone;
2-amino-1-phenyl-propanone; norephedrone);
(6) N,N-dimethylamphetamine (also known as:
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
(8) 3,4-Methylenedioxypyrovalerone (MDPV).
(g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture, or preparation
that contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, isomers, salts,
and salts of isomers;
(2) N-[1(2-thienyl)
methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
its optical isomers, salts, and salts of isomers.
(h) Synthetic cathinones. Unless specifically excepted,
any chemical compound not including bupropion, structurally
derived from 2-aminopropan-1-one by substitution at the
1-position with either phenyl, naphthyl, or thiophene ring
systems, whether or not the compound is further modified in one
or more of the following ways:
(1) by substitution in the ring system to
any extent with alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl, or halide substituents, whether
or not further substituted in the ring system
by one or more other univalent substituents.
Examples of this class include, but are not
limited to, 3,4-Methylenedioxycathinone
(bk-MDA);
(2) by substitution at the 3-position
with an acyclic alkyl substituent. Examples of
this class include, but are not limited to,
2-methylamino-1-phenylbutan-1-one
(buphedrone); or
(3) by substitution at the 2-amino nitrogen
atom with alkyl, dialkyl, benzyl, or methoxybenzyl
groups, or by inclusion of the 2-amino nitrogen atom
in a cyclic structure. Examples of this class include,
but are not limited to, Dimethylcathinone, Ethcathinone,
and a-Pyrrolidinopropiophenone (a-PPP).
(Source: P.A. 98-987, eff. 1-1-15; 99-371, eff. 1-1-16; revised
10-25-16.)
Section 675. The Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act is amended by
changing Sections 1.5 and 2 as follows:
(720 ILCS 675/1.5)
Sec. 1.5. Distribution of alternative nicotine products to
persons under 18 years of age prohibited.
(a) For the purposes of this Section, "alternative nicotine
product" means a product or device not consisting of or
containing tobacco that provides for the ingestion into the
body of nicotine, whether by chewing, smoking, absorbing,
dissolving, inhaling, snorting, sniffing, or by any other
means. "Alternative nicotine product" excludes cigarettes,
smokeless tobacco, or other tobacco products as these terms are
defined in Section 1 of this Act and any product approved by
the United States Food and Drug Administration as a non-tobacco
product for sale as a tobacco cessation product, as a tobacco
dependence product, or for other medical purposes, and is being
marketed and sold solely for that approved purpose.
(b) A person, either directly or indirectly by an agent or
employee, or by a vending machine owned by the person or
located in the person's establishment, may not sell, offer for
sale, give, or furnish any alternative nicotine product, or any
cartridge or component of an alternative nicotine product, to a
person under 18 years of age.
(c) Before selling, offering for sale, giving, or
furnishing an alternative nicotine product, or any cartridge or
component of an alternative nicotine product, to another
person, the person selling, offering for sale, giving, or
furnishing the alternative nicotine product shall verify that
the person is at least 18 years of age by:
(1) examining from any person that appears to be under
27 years of age a government-issued photographic
identification that establishes the person is at least 18
years of age or
(2) for sales made through though the Internet or other
remote sales methods, performing an age verification
through an independent, third-party age verification
service that compares information available from public
records to the personal information entered by the person
during the ordering process that establishes the person is
18 years of age or older.
(d) A person under 18 years of age shall not possess an
alternative nicotine product.
(Source: P.A. 98-350, eff. 1-1-14; 99-496, eff. 6-1-16; revised
10-25-16.)
(720 ILCS 675/2) (from Ch. 23, par. 2358)
Sec. 2. Penalties.
(a) Any person who violates subsection (a) or (a-5) of
Section 1 or subsection (b) or (c) of Section 1.5 of this Act
is guilty of a petty offense. For the first offense in a
24-month period, the person shall be fined $200 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the second offense in a
24-month period, the person shall be fined $400 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the third offense in a
24-month period, the person shall be fined $600 if his or her
employer has a training program that facilitates compliance
with minimum-age tobacco laws. For the fourth or subsequent
offense in a 24-month period, the person shall be fined $800 if
his or her employer has a training program that facilitates
compliance with minimum-age tobacco laws. For the purposes of
this subsection, the 24-month period shall begin with the
person's first violation of the Act. The penalties in this
subsection are in addition to any other penalties prescribed
under the Cigarette Tax Act and the Tobacco Products Tax Act of
1995.
(a-5) Any retailer who violates subsection (a) or (a-5) of
Section 1 or subsection (b) or (c) of Section 1.5 of this Act
is guilty of a petty offense. For the first offense, the
retailer shall be fined $200 if it does not have a training
program that facilitates compliance with minimum-age tobacco
laws. For the second offense, the retailer shall be fined $400
if it does not have a training program that facilitates
compliance with minimum-age tobacco laws. For the third
offense, the retailer shall be fined $600 if it does not have a
training program that facilitates compliance with minimum-age
tobacco laws. For the fourth or subsequent offense in a
24-month period, the retailer shall be fined $800 if it does
not have a training program that facilitates compliance with
minimum-age tobacco laws. For the purposes of this subsection,
the 24-month period shall begin with the person's first
violation of the Act. The penalties in this subsection are in
addition to any other penalties prescribed under the Cigarette
Tax Act and the Tobacco Products Tax Act of 1995.
(a-6) For the purpose of this Act, a training program that
facilitates compliance with minimum-age tobacco laws must
include at least the following elements: (i) it must explain
that only individuals displaying valid identification
demonstrating that they are 18 years of age or older shall be
eligible to purchase cigarettes or tobacco products and (ii) it
must explain where a clerk can check identification for a date
of birth. The training may be conducted electronically. Each
retailer that has a training program shall require each
employee who completes the training program to sign a form
attesting that the employee has received and completed tobacco
training. The form shall be kept in the employee's file and may
be used to provide proof of training.
(b) If a minor violates subsection (a-7) of Section 1 or
subsection (d) of Section 1.5, he or she is guilty of a petty
offense and the court may impose a sentence of 25 hours of
community service and a fine of $50 for a first violation. If a
minor violates subsection (a-6) of Section 1, he or she is
guilty of a Class A misdemeanor.
(c) A second violation by a minor of subsection (a-7) of
Section 1 or subsection (d) of Section 1.5 that occurs within
12 months after the first violation is punishable by a fine of
$75 and 50 hours of community service.
(d) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 or subsection (d) of Section 1.5
that occurs within 12 months after the first violation is
punishable by a $200 fine and 50 hours of community service.
(e) Any second or subsequent violation not within the
12-month time period after the first violation is punishable as
provided for a first violation.
(f) If a minor is convicted of or placed on supervision for
a violation of subsection (a-6) or (a-7) of Section 1 or
subsection (d) of Section 1.5, the court may, in its
discretion, and upon recommendation by the State's Attorney,
order that minor and his or her parents or legal guardian to
attend a smoker's education or youth diversion program if that
program is available in the jurisdiction where the offender
resides. Attendance at a smoker's education or youth diversion
program shall be time-credited against any community service
time imposed for any first violation of subsection (a-7) of
Section 1. In addition to any other penalty that the court may
impose for a violation of subsection (a-7) of Section 1 or
subsection (d) of Section 1.5, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
(g) For purposes of this Section, "smoker's education
program" or "youth diversion program" includes, but is not
limited to, a seminar designed to educate a person on the
physical and psychological effects of smoking tobacco products
and alternative nicotine products and the health consequences
of smoking tobacco products and alternative nicotine products
that can be conducted with a locality's youth diversion
program.
(h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-6), or (a-7) of Section 1 and
subsection (b), (c), or (d) of Section 1.5 shall be distributed
in the following manner:
(1) one-half of each fine shall be distributed to the
unit of local government or other entity that successfully
prosecuted the offender; and
(2) one-half shall be remitted to the State to be used
for enforcing this Act.
Any violation of subsection (a) or (a-5) of Section 1 or
subsection (b) or (c) of Section 1.5 shall be reported to the
Department of Revenue within 7 business days.
(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;
99-192, eff. 1-1-16; 99-496, eff. 6-1-16; revised 9-14-16.)
Section 680. The Code of Criminal Procedure of 1963 is
amended by changing Sections 115-9.2 and 115-10 as follows:
(725 ILCS 5/115-9.2)
Sec. 115-9.2. Currency used in undercover investigation.
(a) In a prosecution in which United States currency was
used by a law enforcement officer or agency or by a person
acting under the direction of a law enforcement officer or
agency in an undercover investigation of an offense that has
imprisonment as an available sentence for a violation of the
offense, the court shall receive, as competent evidence, a
photograph, photostatic copy, or photocopy of the currency used
in the undercover investigation, if the photograph,
photostatic copy, or photocopy:
(1) the photograph, photostatic copy, or photocopy
will serve the purpose of demonstrating the nature of the
currency;
(2) the individual serial numbers of the currency are
clearly visible or if the amount of currency exceeds $500
the individual serial numbers of a sample of 10% of the
currency are clearly visible, and any identification marks
placed on the currency by law enforcement as part of the
investigation are clearly visible;
(3) the photograph, photostatic copy, or photocopy
complies with federal law, rule, or regulation
requirements on photographs, photostatic copies, or
photocopies of United States currency; and
(4) the photograph, photostatic copy, or photocopy is
otherwise admissible into evidence under all other rules of
law governing the admissibility of photographs,
photostatic copies, or photocopies into evidence.
(b) The fact that it is impractical to introduce into
evidence the actual currency for any reason, including its
size, weight, or unavailability, need not be established for
the court to find a photograph, photostatic copy, or photocopy
of that currency to be competent evidence.
(c) If a photograph, photostatic copy, or photocopy is
found to be competent evidence under this Section, it is
admissible into evidence in place of the currency and to the
same extent as the currency itself.
(Source: P.A. 99-685, eff. 1-1-17; revised 10-27-16.)
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
Sec. 115-10. Certain hearsay exceptions.
(a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, a
person with an intellectual disability, a person with a
cognitive impairment, or a person with a developmental
disability, including, but not limited, to, prosecutions for
violations of Sections 11-1.20 through 11-1.60 or 12-13 through
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
and prosecutions for violations of Sections 10-1 (kidnapping),
10-2 (aggravated kidnapping), 10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint), 10-4 (forcible
detention), 10-5 (child abduction), 10-6 (harboring a
runaway), 10-7 (aiding or abetting child abduction), 11-9
(public indecency), 11-11 (sexual relations within families),
11-21 (harmful material), 12-1 (assault), 12-2 (aggravated
assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3
(aggravated domestic battery), 12-3.05 or 12-4 (aggravated
battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery
with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7
(drug induced infliction of great bodily harm), 12-5 (reckless
conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling
organization membership of persons), 12-7.1 (hate crime),
12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10 or
12C-35 (tattooing the body of a minor), 12-11 or 19-6 (home
invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or
12C-5 (endangering the life or health of a child) or 12-32
(ritual mutilation) of the Criminal Code of 1961 or the
Criminal Code of 2012 or any sex offense as defined in
subsection (B) of Section 2 of the Sex Offender Registration
Act, the following evidence shall be admitted as an exception
to the hearsay rule:
(1) testimony by the victim of an out of court
statement made by the victim that he or she complained of
such act to another; and
(2) testimony of an out of court statement made by the
victim describing any complaint of such act or matter or
detail pertaining to any act which is an element of an
offense which is the subject of a prosecution for a sexual
or physical act against that victim.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside the
presence of the jury that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) The child or person with an intellectual
disability, a cognitive impairment, or developmental
disability either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
corroborative evidence of the act which is the subject
of the statement; and
(3) In a case involving an offense perpetrated against
a child under the age of 13, the out of court statement was
made before the victim attained 13 years of age or within 3
months after the commission of the offense, whichever
occurs later, but the statement may be admitted regardless
of the age of the victim at the time of the proceeding.
(c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
age and maturity of the child, or the intellectual capabilities
of the person with an intellectual disability, a cognitive
impairment, or developmental disability, the nature of the
statement, the circumstances under which the statement was
made, and any other relevant factor.
(d) The proponent of the statement shall give the adverse
party reasonable notice of his intention to offer the statement
and the particulars of the statement.
(e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to a
protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.
(f) For the purposes of this Section:
"Person with a cognitive impairment" means a person with a
significant impairment of cognition or memory that represents a
marked deterioration from a previous level of function.
Cognitive impairment includes, but is not limited to, dementia,
amnesia, delirium, or a traumatic brain injury.
"Person with a developmental disability" means a person
with a disability that is attributable to (1) an intellectual
disability, cerebral palsy, epilepsy, or autism, or (2) any
other condition that results in an impairment similar to that
caused by an intellectual disability and requires services
similar to those required by a person with an intellectual
disability.
"Person with an intellectual disability" means a person
with significantly subaverage general intellectual functioning
which exists concurrently with an impairment in adaptive
behavior.
(Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17;
revised 10-27-16.)
Section 685. The Sexual Assault Incident Procedure Act is
amended by changing Sections 15 and 20 as follows:
(725 ILCS 203/15)
Sec. 15. Sexual assault incident policies.
(a) On or before January 1, 2018, every law enforcement
agency shall develop, adopt, and implement written policies
regarding procedures for incidents of sexual assault or sexual
abuse consistent with the guidelines developed under
subsection (b) of this Section. In developing these policies,
each law enforcement agency is encouraged to consult with other
law enforcement agencies, sexual assault advocates, and sexual
assault nurse examiners with expertise in recognizing and
handling sexual assault and sexual abuse incidents. These
policies must include mandatory sexual assault and sexual abuse
response training as required in Section 10.21 10.19 of the
Illinois Police Training Act and Sections 2605-53 and 2605-98
of the Department of State Police Law of the Civil
Administrative Code of Illinois.
(b) On or before July 1, 2017, the Office of the Attorney
General, in consultation with the Illinois Law Enforcement
Training Standards Board and the Department of State Police,
shall develop and make available to each law enforcement
agency, comprehensive guidelines for creation of a law
enforcement agency policy on evidence-based, trauma-informed,
victim-centered sexual assault and sexual abuse response and
investigation.
These guidelines shall include, but not be limited to the
following:
(1) dispatcher or call taker response;
(2) responding officer duties;
(3) duties of officers investigating sexual assaults
and sexual abuse;
(4) supervisor duties;
(5) report writing;
(6) reporting methods;
(7) victim interviews;
(8) evidence collection;
(9) sexual assault medical forensic examinations;
(10) suspect interviews;
(11) suspect forensic exams;
(12) witness interviews;
(13) sexual assault response and resource teams, if
applicable;
(14) working with victim advocates;
(15) working with prosecutors;
(16) victims' rights;
(17) victim notification; and
(18) consideration for specific populations or
communities.
(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
(725 ILCS 203/20)
Sec. 20. Reports by law enforcement officers.
(a) A law enforcement officer shall complete a written
police report upon receiving the following, regardless of where
the incident occurred:
(1) an allegation by a person that the person has been
sexually assaulted or sexually abused regardless of
jurisdiction;
(2) information from hospital or medical personnel
provided under Section 3.2 of the Criminal Identification
Act; or
(3) information from a witness who personally observed
what appeared to be a sexual assault or sexual abuse or
attempted sexual assault or sexual abuse.
(b) The written report shall include the following, if
known:
(1) the victim's name or other identifier;
(2) the victim's contact information;
(3) time, date, and location of offense;
(4) information provided by the victim;
(5) the suspect's description and name, if known;
(6) names of persons with information relevant to the
time before, during, or after the sexual assault or sexual
abuse, and their contact information;
(7) names of medical professionals who provided a
medical forensic examination of the victim and any
information they provided about the sexual assault or
sexual abuse;
(8) whether an Illinois State Police Sexual Assault
Evidence Collection Kit was completed, the name and contact
information for the hospital, and whether the victim
consented to testing of the Evidence Collection Kit by law
enforcement;
(9) whether a urine or blood sample was collected and
whether the victim consented to testing of a toxicology
screen by law enforcement;
(10) information the victim related to medical
professionals during a medical forensic examination which
the victim consented to disclosure to law enforcement; and
(11) other relevant information.
(c) If the sexual assault or sexual abuse occurred in
another jurisdiction, the law enforcement officer taking the
report must submit the report to the law enforcement agency
having jurisdiction in person or via fax or email within 24
hours of receiving information about the sexual assault or
sexual abuse.
(d) Within 24 hours of receiving a report from a law
enforcement agency in another jurisdiction in accordance with
subsection (c), the law enforcement agency having jurisdiction
shall submit a written confirmation to the law enforcement
agency that wrote the report. The written confirmation shall
contain the name and identifier of the person and confirming
receipt of the report and a name and contact phone number that
will be given to the victim. The written confirmation shall be
delivered in person or via fax or email.
(e) No law enforcement officer shall require a victim of
sexual assault or sexual abuse to submit to an interview.
(f) No law enforcement agency may refuse to complete a
written report as required by this Section on any ground.
(g) All law enforcement agencies shall ensure that all
officers responding to or investigating a complaint of sexual
assault or sexual abuse have successfully completed training
under Section 10.21 10.19 of the Illinois Police Training Act
and Section 2605-98 of the Department of State Police Law of
the Civil Administrative Code of Illinois.
(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)
Section 690. The Unified Code of Corrections is amended by
changing Sections 3-3-7, 5-6-3.1, 5-8-1.2, 5-8-8, 5-8A-3,
5-8A-5, and 5-8A-7 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
(a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole or mandatory
supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department of
Corrections as soon as permitted by the arresting authority
but in no event later than 24 hours after release from
custody and immediately report service or notification of
an order of protection, a civil no contact order, or a
stalking no contact order to an agent of the Department of
Corrections;
(7.5) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed medical
facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the effective
date of Public Act 94-988), wear an approved electronic
monitoring device as defined in Section 5-8A-2 for the
duration of the person's parole, mandatory supervised
release term, or extended mandatory supervised release
term and if convicted for an offense of criminal sexual
assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse,
aggravated criminal sexual abuse, or ritualized abuse of a
child committed on or after August 11, 2009 (the effective
date of Public Act 96-236) when the victim was under 18
years of age at the time of the commission of the offense
and the defendant used force or the threat of force in the
commission of the offense wear an approved electronic
monitoring device as defined in Section 5-8A-2 that has
Global Positioning System (GPS) capability for the
duration of the person's parole, mandatory supervised
release term, or extended mandatory supervised release
term;
(7.8) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the
accused reasonably believes to be under 18 years of age;
for purposes of this paragraph (7.8), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal
Code of 2012; and a person is not related to the accused if
the person is not: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a
first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused;
(7.9) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
the Criminal Code of 2012, consent to search of computers,
PDAs, cellular phones, and other devices under his or her
control that are capable of accessing the Internet or
storing electronic files, in order to confirm Internet
protocol addresses reported in accordance with the Sex
Offender Registration Act and compliance with conditions
in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008 (the
effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 2012;
(7.13) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(8) obtain permission of an agent of the Department of
Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics or
other controlled substances in any form, or both, or any
paraphernalia related to those substances and submit to a
urinalysis test as instructed by a parole agent of the
Department of Corrections;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent, except when
the association involves activities related to community
programs, worship services, volunteering, and engaging
families, and not associate with persons who are members of
an organized gang as that term is defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by his
or her parole agent or of the Department of Corrections;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering
conditions set and approved by the Prisoner Review Board or
by law, exclusive of placement on electronic detention, to
achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(17) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act; and
(19) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Board may in addition to other conditions require
that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th
General Assembly that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012, refrain
from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (7.5), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent; and
(8) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections prior to accepting employment or pursuing a
course of study or vocational training and notify the
Department prior to any change in employment, study, or
training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections. The terms may include
consideration of the purpose of the entry, the time of day,
and others accompanying the person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior written
approval of an agent of the Department of Corrections;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third party,
with minor children without prior identification and
approval of an agent of the Department of Corrections;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or any
pictures depicting children under 18 years of age nude or
any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole officer
before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his or her release, and he or she
shall sign the same before release. A signed copy of these
conditions, including a copy of an order of protection where
one had been issued by the criminal court, shall be retained by
the person and another copy forwarded to the officer in charge
of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
(f) (Blank).
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698,
eff. 7-29-16; revised 9-1-16.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and conditions of supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012 where a disposition of supervision is not
prohibited by Section 5-6-1 of this Code. The community service
shall include, but not be limited to, the cleanup and repair of
any damage caused by violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable,
the community service should be performed in the offender's
neighborhood.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home; or
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is placed on supervision for a
crime of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on the
real property comprising a school, or within 1,000 feet
of the real property comprising a school;
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary loss
or make restitution under Section 5-5-6 to a domestic
violence shelter. The court shall determine the amount and
conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory. If the court has ordered the defendant to
make a report and appear in person under paragraph (1) of
this subsection, a copy of the order of protection shall be
transmitted to the person or agency so designated by the
court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code; under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the defendant's
employer that is not equipped with an ignition interlock
device in the course and scope of the defendant's
employment; and
(18) if placed on supervision for a sex offense as
defined in subsection (a-5) of Section 3-1-2 of this Code,
unless the offender is a parent or guardian of the person
under 18 years of age present in the home and no
non-familial minors are present, not participate in a
holiday event involving children under 18 years of age,
such as distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter.
(c-5) If payment of restitution as ordered has not been
made, the victim shall file a petition notifying the sentencing
court, any other person to whom restitution is owed, and the
State's Attorney of the status of the ordered restitution
payments unpaid at least 90 days before the supervision
expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date,
unless the hearing is voluntarily waived by the defendant with
the knowledge that waiver may result in an extension of the
supervision period or in a revocation of supervision. If the
court does not extend supervision, it shall issue a judgment
for the unpaid restitution and direct the clerk of the circuit
court to file and enter the judgment in the judgment and lien
docket, without fee, unless it finds that the victim has
recovered a judgment against the defendant for the amount
covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to
the defendant at his or her last known address written
notification that a civil judgment has been issued for the
unpaid restitution.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
(f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
or the Criminal Code of 2012, in which case it shall be 5 years
after discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law. However,
any defendant placed on supervision before January 1, 1980, may
move for sealing or expungement of his arrest record, as
provided by law, at any time after discharge and dismissal
under this Section. A person placed on supervision for a sexual
offense committed against a minor as defined in clause
(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
for a violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance shall not have his
or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court, except as provided in an
administrative order of the Chief Judge of the circuit court.
The clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer shall
deposit the fees collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the Counties Code,
as the case may be.
The Chief Judge of the circuit court of the county may by
administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device, and
collects the fees on behalf of the county. The program shall
include provisions for indigent offenders and the collection of
unpaid fees. The program shall not unduly burden the offender
and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee in excess of
$25 per month unless the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay.
Of the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program approved by the
court. The defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or high school equivalency
testing if a fee is charged for those courses or testing. The
court shall revoke the supervision of a person who wilfully
fails to comply with this subsection (k). The court shall
resentence the defendant upon revocation of supervision as
provided in Section 5-6-4. This subsection (k) does not apply
to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This
subsection (k) does not apply to a defendant who is determined
by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the educational or
vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
(n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
refrain from communicating with or contacting, by means of the
Internet, a person who is not related to the accused and whom
the accused reasonably believes to be under 18 years of age.
For purposes of this subsection (p), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
and a person is not related to the accused if the person is
not: (i) the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
(q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
ordered by the court, refrain from communicating with or
contacting, by means of the Internet, a person who is related
to the accused and whom the accused reasonably believes to be
under 18 years of age. For purposes of this subsection (q),
"Internet" has the meaning ascribed to it in Section 16-0.1 of
the Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a first or
second cousin of the accused; or (iv) a step-child or adopted
child of the accused.
(r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983) this amendatory Act of the 95th General Assembly shall:
(i) not access or use a computer or any other device
with Internet capability without the prior written
approval of the court, except in connection with the
offender's employment or search for employment with the
prior approval of the court;
(ii) submit to periodic unannounced examinations of
the offender's computer or any other device with Internet
capability by the offender's probation officer, a law
enforcement officer, or assigned computer or information
technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or
external peripherals and removal of such information,
equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a computer or
any other device with Internet capability imposed by the
court.
(s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not
knowingly use any computer scrub software on any computer that
the sex offender uses.
(t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)
shall refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code of
2012.
(u) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). The probation department from
the original sentencing court shall retain all probation fees
collected prior to the transfer.
(Source: P.A. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78,
eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
99-797, eff. 8-12-16; revised 9-1-16.)
(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General
Assembly that certain non-violent offenders eligible for
sentences of incarceration may benefit from the rehabilitative
aspects of a county impact incarceration program. It is the
intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not
be construed to allow violent offenders to participate in a
county impact incarceration program.
(b) Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff, in
any county with more than 3,000,000 inhabitants, may establish
and operate a county impact incarceration program for eligible
offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility
requirements of the Sheriff's county impact incarceration
program, the court may sentence the offender to the county
impact incarceration program. The Sheriff shall be responsible
for monitoring all offenders who are sentenced to the county
impact incarceration program, including the mandatory period
of monitored release following the 120 to 180 days of impact
incarceration. Offenders assigned to the county impact
incarceration program under an intergovernmental agreement
between the county and the Illinois Department of Corrections
are exempt from the provisions of this mandatory period of
monitored release. In the event the offender is not accepted
for placement in the county impact incarceration program, the
court shall proceed to sentence the offender to any other
disposition authorized by this Code. If the offender does not
successfully complete the program, the offender's failure to do
so shall constitute a violation of the sentence to the county
impact incarceration program.
(c) In order to be eligible to be sentenced to a county
impact incarceration program by the court, the person shall
meet all of the following requirements:
(1) The the person must be not less than 17 years of
age nor more than 35 years of age. ;
(2) The person has not previously participated in the
impact incarceration program and has not previously served
more than one prior sentence of imprisonment for a felony
in an adult correctional facility. ;
(3) The person has not been convicted of a Class X
felony, first or second degree murder, armed violence,
aggravated kidnapping, criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, forcible detention, or arson and has
not been convicted previously of any of those offenses.
(4) The person has been found in violation of probation
for an offense that is a Class 2, 3, or 4 felony that is not
a forcible felony as defined in Section 2-8 of the Criminal
Code of 2012 or a violent crime as defined in subsection
(c) of Section 3 of the Rights of Crime Victims and
Witnesses Act who otherwise could be sentenced to a term of
incarceration; or the person is convicted of an offense
that is a Class 2, 3, or 4 felony that is not a forcible
felony as defined in Section 2-8 of the Criminal Code of
2012 or a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and Witnesses Act
who has previously served a sentence of probation for any
felony offense and who otherwise could be sentenced to a
term of incarceration.
(5) The person must be physically able to participate
in strenuous physical activities or labor.
(6) The person must not have any mental disorder or
disability that would prevent participation in a county
impact incarceration program.
(7) The person was recommended and approved for
placement in the county impact incarceration program by the
Sheriff and consented in writing to participation in the
county impact incarceration program and to the terms and
conditions of the program. The Sheriff may consider, among
other matters, whether the person has any outstanding
detainers or warrants, whether the person has a history of
escaping or absconding, whether participation in the
county impact incarceration program may pose a risk to the
safety or security of any person and whether space is
available.
(c-5) (c) The county impact incarceration program shall
include, among other matters, mandatory physical training and
labor, military formation and drills, regimented activities,
uniformity of dress and appearance, education and counseling,
including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt
and retention of property and publications and access to
television, radio, and a library may be suspended or
restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements
for the program. Persons shall be informed of rules of behavior
and conduct. Persons participating in the county impact
incarceration program shall adhere to all rules and all
requirements of the program.
(f) Participation in the county impact incarceration
program shall be for a period of 120 to 180 days followed by a
mandatory term of monitored release for at least 8 months and
no more than 12 months supervised by the Sheriff. The period of
time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The
court may also sentence the person to a period of probation to
commence at the successful completion of the county impact
incarceration program.
(g) If the person successfully completes the county impact
incarceration program, the Sheriff shall certify the person's
successful completion of the program to the court and to the
county's State's Attorney. Upon successful completion of the
county impact incarceration program and mandatory term of
monitored release and if there is an additional period of
probation given, the person shall at that time begin his or her
probationary sentence under the supervision of the Adult
Probation Department.
(h) A person may be removed from the county impact
incarceration program for a violation of the terms or
conditions of the program or in the event he or she is for any
reason unable to participate. The failure to complete the
program for any reason, including the 8 to 12 month monitored
release period, shall be deemed a violation of the county
impact incarceration sentence. The Sheriff shall give notice to
the State's Attorney of the person's failure to complete the
program. The Sheriff shall file a petition for violation of the
county impact incarceration sentence with the court and the
State's Attorney may proceed on the petition under Section
5-6-4 of this Code. The Sheriff shall promulgate rules and
regulations governing conduct which could result in removal
from the program or in a determination that the person has not
successfully completed the program.
The mandatory conditions of every county impact
incarceration sentence shall include that the person either
while in the program or during the period of monitored release:
(1) not violate any criminal statute of any
jurisdiction;
(2) report or appear in person before any such person
or agency as directed by the court or the Sheriff;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the Sheriff; and
(5) permit representatives of the Sheriff to visit at
the person's home or elsewhere to the extent necessary for
the Sheriff to monitor compliance with the program. Persons
shall have access to such rules, which shall provide that a
person shall receive notice of any such violation.
(i) The Sheriff may terminate the county impact
incarceration program at any time.
(j) The Sheriff shall report to the county board on or
before September 30th of each year on the county impact
incarceration program, including the composition of the
program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 97-1150, eff. 1-25-13; revised 10-5-16.)
(730 ILCS 5/5-8-8)
(Section scheduled to be repealed on December 31, 2020)
Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
(a) Creation. There is created under the jurisdiction of
the Governor the Illinois Sentencing Policy Advisory Council,
hereinafter referred to as the Council.
(b) Purposes and goals. The purpose of the Council is to
review sentencing policies and practices and examine how these
policies and practices impact the criminal justice system as a
whole in the State of Illinois. In carrying out its duties, the
Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of
this Code:
(1) prescribe sanctions proportionate to the
seriousness of the offenses and permit the recognition of
differences in rehabilitation possibilities among
individual offenders;
(2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
persons adjudicated offenders or delinquents; and
(4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following members:
(A) the President of the Senate, or his or her
designee;
(B) the Minority Leader of the Senate, or his or
her designee;
(C) the Speaker of the House, or his or her
designee;
(D) the Minority Leader of the House, or his or her
designee;
(E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been circuit,
appellate, or supreme court judges; retired judges
shall be selected by the members of the Council
designated in clauses (c)(1)(A) through (L);
(G-5) (blank);
(H) the Cook County State's Attorney, or his or her
designee;
(I) the Cook County Public Defender, or his or her
designee;
(J) a State's Attorney not from Cook County,
appointed by the State's Attorney's Appellate
Prosecutor;
(K) the State Appellate Defender, or his or her
designee;
(L) the Director of the Administrative Office of
the Illinois Courts, or his or her designee;
(M) a victim of a violent felony or a
representative of a crime victims' organization,
selected by the members of the Council designated in
clauses (c)(1)(A) through (L);
(N) a representative of a community-based
organization, selected by the members of the Council
designated in clauses (c)(1)(A) through (L);
(O) a criminal justice academic researcher, to be
selected by the members of the Council designated in
clauses (c)(1)(A) through (L);
(P) a representative of law enforcement from a unit
of local government to be selected by the members of
the Council designated in clauses (c)(1)(A) through
(L);
(Q) a sheriff selected by the members of the
Council designated in clauses (c)(1)(A) through (L);
and
(R) ex-officio members shall include:
(i) the Director of Corrections, or his or her
designee;
(ii) the Chair of the Prisoner Review Board, or
his or her designee;
(iii) the Director of the Illinois State
Police, or his or her designee; and
(iv) the Director of the Illinois Criminal
Justice Information Authority, or his or her
designee.
(1.5) The Chair and Vice Chair shall be elected from
among its members by a majority of the members of the
Council.
(2) Members of the Council who serve because of their
public office or position, or those who are designated as
members by such officials, shall serve only as long as they
hold such office or position.
(3) Council members shall serve without compensation
but shall be reimbursed for travel and per diem expenses
incurred in their work for the Council.
(4) The Council may exercise any power, perform any
function, take any action, or do anything in furtherance of
its purposes and goals upon the appointment of a quorum of
its members. The term of office of each member of the
Council ends on the date of repeal of this amendatory Act
of the 96th General Assembly.
(d) Duties. The Council shall perform, as resources permit,
duties including:
(1) Collect and analyze information including
sentencing data, crime trends, and existing correctional
resources to support legislative and executive action
affecting the use of correctional resources on the State
and local levels.
(2) Prepare criminal justice population projections
annually, including correctional and community-based
supervision populations.
(3) Analyze data relevant to proposed sentencing
legislation and its effect on current policies or
practices, and provide information to support
evidence-based sentencing.
(4) Ensure that adequate resources and facilities are
available for carrying out sentences imposed on offenders
and that rational priorities are established for the use of
those resources. To do so, the Council shall prepare
criminal justice resource statements, identifying the
fiscal and practical effects of proposed criminal
sentencing legislation, including, but not limited to, the
correctional population, court processes, and county or
local government resources.
(5) Perform such other studies or tasks pertaining to
sentencing policies as may be requested by the Governor or
the Illinois General Assembly.
(6) Perform such other functions as may be required by
law or as are necessary to carry out the purposes and goals
of the Council prescribed in subsection (b).
(7) Publish a report on the trends in sentencing for
offenders described in subsection (b-1) of Section 5-4-1 of
this Code, the impact of the trends on the prison and
probation populations, and any changes in the racial
composition of the prison and probation populations that
can be attributed to the changes made by adding subsection
(b-1) of Section 5-4-1 to this Code by Public Act 99-861
this amendatory Act of the 99th General Assembly.
(e) Authority.
(1) The Council shall have the power to perform the
functions necessary to carry out its duties, purposes and
goals under this Act. In so doing, the Council shall
utilize information and analysis developed by the Illinois
Criminal Justice Information Authority, the Administrative
Office of the Illinois Courts, and the Illinois Department
of Corrections.
(2) Upon request from the Council, each executive
agency and department of State and local government shall
provide information and records to the Council in the
execution of its duties.
(f) Report. The Council shall report in writing annually to
the General Assembly, the Illinois Supreme Court, and the
Governor.
(g) This Section is repealed on December 31, 2020.
(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
Sec. 5-8A-3. Application.
(a) Except as provided in subsection (d), a person charged
with or convicted of an excluded offense may not be placed in
an electronic monitoring or home detention program, except for
bond pending trial or appeal or while on parole, aftercare
release, or mandatory supervised release.
(b) A person serving a sentence for a conviction of a Class
1 felony, other than an excluded offense, may be placed in an
electronic monitoring or home detention program for a period
not to exceed the last 90 days of incarceration.
(c) A person serving a sentence for a conviction of a Class
X felony, other than an excluded offense, may be placed in an
electronic monitoring or home detention program for a period
not to exceed the last 90 days of incarceration, provided that
the person was sentenced on or after August 11, 1993 (the
effective date of Public Act 88-311) this amendatory Act of
1993 and provided that the court has not prohibited the program
for the person in the sentencing order.
(d) A person serving a sentence for conviction of an
offense other than for predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or felony criminal
sexual abuse, may be placed in an electronic monitoring or home
detention program for a period not to exceed the last 12 months
of incarceration, provided that (i) the person is 55 years of
age or older; (ii) the person is serving a determinate
sentence; (iii) the person has served at least 25% of the
sentenced prison term; and (iv) placement in an electronic home
monitoring or detention program is approved by the Prisoner
Review Board or the Department of Juvenile Justice.
(e) A person serving a sentence for conviction of a Class
2, 3, or 4 felony offense which is not an excluded offense may
be placed in an electronic monitoring or home detention program
pursuant to Department administrative directives.
(f) Applications for electronic monitoring or home
detention may include the following:
(1) pretrial or pre-adjudicatory detention;
(2) probation;
(3) conditional discharge;
(4) periodic imprisonment;
(5) parole, aftercare release, or mandatory supervised
release;
(6) work release;
(7) furlough; or
(8) post-trial incarceration.
(g) A person convicted of an offense described in clause
(4) or (5) of subsection (d) of Section 5-8-1 of this Code
shall be placed in an electronic monitoring or home detention
program for at least the first 2 years of the person's
mandatory supervised release term.
(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14;
99-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)
(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)
Sec. 5-8A-5. Consent of the participant. Before entering an
order for commitment for electronic monitoring, the
supervising authority shall inform the participant and other
persons residing in the home of the nature and extent of the
approved electronic monitoring devices by doing the following:
(A) Securing the written consent of the participant in
the program to comply with the rules and regulations of the
program as stipulated in subsections (A) through (I) of
Section 5-8A-4.
(B) Where possible, securing the written consent of
other persons residing in the home of the participant,
including the person in whose name the telephone is
registered, at the time of the order or commitment for
electronic home detention is entered and acknowledge the
nature and extent of approved electronic monitoring
devices.
(C) Insure that the approved electronic devices be
minimally intrusive upon the privacy of the participant and
other persons residing in the home while remaining in
compliance with subsections (B) through (D) of Section
5-8A-4.
(D) This Section does not apply to persons subject to
Electronic Monitoring or home detention as a term or condition
of parole, aftercare release, or mandatory supervised release
under subsection (d) of Section 5-8-1 of this Code.
(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16;
revised 10-27-16.)
(730 ILCS 5/5-8A-7)
Sec. 5-8A-7. Domestic violence surveillance program. If
the Prisoner Review Board, Department of Corrections,
Department of Juvenile Justice, or court (the supervising
authority) orders electronic surveillance as a condition of
parole, aftercare release, mandatory supervised release, early
release, probation, or conditional discharge for a violation of
an order of protection or as a condition of bail for a person
charged with a violation of an order of protection, the
supervising authority shall use the best available global
positioning technology to track domestic violence offenders.
Best available technology must have real-time and interactive
capabilities that facilitate the following objectives: (1)
immediate notification to the supervising authority of a breach
of a court ordered exclusion zone; (2) notification of the
breach to the offender; and (3) communication between the
supervising authority, law enforcement, and the victim,
regarding the breach. The supervising authority may also
require that the electronic surveillance ordered under this
Section monitor the consumption of alcohol or drugs.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-797,
eff. 8-12-16; revised 9-2-16.)
Section 695. The Code of Civil Procedure is amended by
changing Section 13-214 as follows:
(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
Sec. 13-214. Construction; design Construction - design
management and supervision. As used in this Section, "person"
means any individual, any business or legal entity, or any body
politic.
(a) Actions based upon tort, contract or otherwise against
any person for an act or omission of such person in the design,
planning, supervision, observation or management of
construction, or construction of an improvement to real
property shall be commenced within 4 years from the time the
person bringing an action, or his or her privity, knew or
should reasonably have known of such act or omission.
Notwithstanding any other provision of law, contract actions
against a surety on a payment or performance bond shall be
commenced, if at all, within the same time limitation
applicable to the bond principal.
(b) No action based upon tort, contract or otherwise may be
brought against any person for an act or omission of such
person in the design, planning, supervision, observation or
management of construction, or construction of an improvement
to real property after 10 years have elapsed from the time of
such act or omission. However, any person who discovers such
act or omission prior to expiration of 10 years from the time
of such act or omission shall in no event have less than 4
years to bring an action as provided in subsection (a) of this
Section. Notwithstanding any other provision of law, contract
actions against a surety on a payment or performance bond shall
be commenced, if at all, within the same time limitation
applicable to the bond principal.
(c) If a person otherwise entitled to bring an action could
not have brought such action within the limitation periods
herein solely because such person was under the age of 18
years, or a person with a developmental disability or a person
with mental illness, then the limitation periods herein shall
not begin to run until the person attains the age of 18 years,
or the disability is removed.
(d) Subsection (b) shall not prohibit any action against a
defendant who has expressly warranted or promised the
improvement to real property for a longer period from being
brought within that period.
(e) The limitations of this Section shall not apply to
causes of action arising out of fraudulent misrepresentations
or to fraudulent concealment of causes of action.
(f) Subsection (b) does not apply to an action that is
based on personal injury, disability, disease, or death
resulting from the discharge into the environment of asbestos.
(Source: P.A. 98-1131, eff. 6-1-15; revised 9-1-16.)
Section 700. The Real Estate Investment Trust Act is
amended by changing Section 2 as follows:
(745 ILCS 60/2) (from Ch. 30, par. 252)
Sec. 2. The shareholders or beneficiaries of a real estate
investment trust shall not, as such, be personally liable for
any of its obligations arising after the effective date of this
Act, nor shall persons who become shareholders or beneficiaries
after the effective date of this Act be personally liable, as
such, for obligations of the real estate trust. If an
application for registration of the securities issued or
issuable by such unincorporated trust or association has been
registered by the Secretary of State pursuant to Section 5 of
the "The Illinois Securities Law of 1953", as heretofore and
hereafter amended, such registration shall be conclusive
evidence that an unincorporated trust or association is a real
estate investment trust as to all persons who become
shareholders or beneficiaries after the registration date and
prior to its suspension or revocation, if any, and as to all
obligations of the unincorporated trust or association arising
after the effective date of this Act whether they arose before
or after the effective date of registration under Section 5 of
the "The Illinois Securities Law of 1953", and prior to
suspension or revocation of the registration.
(Source: Laws 1963, p. 994; revised 10-25-16.)
Section 705. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 510 as follows:
(750 ILCS 5/510) (from Ch. 40, par. 510)
(Text of Section before amendment by P.A. 99-764)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b), clause (3) of Section 505.2,
the provisions of any judgment respecting maintenance or
support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification. An order for child support may be
modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at least
20%, but no less than $10 per month, between the amount
of the existing order and the amount of child support
that results from application of the guidelines
specified in Section 505 of this Act unless the
inconsistency is due to the fact that the amount of the
existing order resulted from a deviation from the
guideline amount and there has not been a change in the
circumstances that resulted in that deviation; or
(B) upon a showing of a need to provide for the
health care needs of the child under the order through
health insurance or other means. In no event shall the
eligibility for or receipt of medical assistance be
considered to meet the need to provide for the child's
health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child support
enforcement services from the Department of Healthcare and
Family Services under Article X of the Illinois Public Aid
Code, and only when at least 36 months have elapsed since the
order for child support was entered or last modified.
(a-5) An order for maintenance may be modified or
terminated only upon a showing of a substantial change in
circumstances. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
(1) any change in the employment status of either party
and whether the change has been made in good faith;
(2) the efforts, if any, made by the party receiving
maintenance to become self-supporting, and the
reasonableness of the efforts where they are appropriate;
(3) any impairment of the present and future earning
capacity of either party;
(4) the tax consequences of the maintenance payments
upon the respective economic circumstances of the parties;
(5) the duration of the maintenance payments
previously paid (and remaining to be paid) relative to the
length of the marriage;
(6) the property, including retirement benefits,
awarded to each party under the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage and the present
status of the property;
(7) the increase or decrease in each party's income
since the prior judgment or order from which a review,
modification, or termination is being sought;
(8) the property acquired and currently owned by each
party after the entry of the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage; and
(9) any other factor that the court expressly finds to
be just and equitable.
(a-6) In a review under subsection (b-4.5) of Section 504
of this Act, the court may enter a fixed-term maintenance award
that bars future maintenance only if, at the time of the entry
of the award, the marriage had lasted 10 years or less at the
time the original action was commenced.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage of
the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis. A payor's obligation to pay
maintenance or unallocated maintenance terminates by operation
of law on the date the recipient remarries or the date the
court finds cohabitation began. The payor is entitled to
reimbursement for all maintenance paid from that date forward.
Any termination of an obligation for maintenance as a result of
the death of the payor party, however, shall be inapplicable to
any right of the other party or such other party's designee to
receive a death benefit under such insurance on the payor
party's life. A party receiving maintenance must advise the
payor of his or her intention to marry at least 30 days before
the remarriage, unless the decision is made within this time
period. In that event, he or she must notify the other party
within 72 hours of getting married.
(c-5) In an adjudicated case, the court shall make specific
factual findings as to the reason for the modification as well
as the amount, nature, and duration of the modified maintenance
award.
(d) Unless otherwise provided in this Act, or as agreed in
writing or expressly provided in the judgment, provisions for
the support of a child are terminated by emancipation of the
child, or if the child has attained the age of 18 and is still
attending high school, provisions for the support of the child
are terminated upon the date that the child graduates from high
school or the date the child attains the age of 19, whichever
is earlier, but not by the death of a parent obligated to
support or educate the child. An existing obligation to pay for
support or educational expenses, or both, is not terminated by
the death of a parent. When a parent obligated to pay support
or educational expenses, or both, dies, the amount of support
or educational expenses, or both, may be enforced, modified,
revoked or commuted to a lump sum payment, as equity may
require, and that determination may be provided for at the time
of the dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The time
within which a claim may be filed against the estate of a
decedent under Sections 505 and 513 and subsection (d) and this
subsection shall be governed by the provisions of the Probate
Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support or
allocation of parental responsibilities shall not delay any
child support enforcement litigation or supplementary
proceeding on behalf of the obligee, including, but not limited
to, a petition for a rule to show cause, for non-wage
garnishment, or for a restraining order.
(Source: P.A. 99-90, eff. 1-1-16.)
(Text of Section after amendment by P.A. 99-764)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b), clause (3) of Section 505.2,
the provisions of any judgment respecting maintenance or
support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification. An order for child support may be
modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at least
20%, but no less than $10 per month, between the amount
of the existing order and the amount of child support
that results from application of the guidelines
specified in Section 505 of this Act unless the
inconsistency is due to the fact that the amount of the
existing order resulted from a deviation from the
guideline amount and there has not been a change in the
circumstances that resulted in that deviation; or
(B) upon a showing of a need to provide for the
health care needs of the child under the order through
health insurance or other means. In no event shall the
eligibility for or receipt of medical assistance be
considered to meet the need to provide for the child's
health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child support
enforcement services from the Department of Healthcare and
Family Services under Article X of the Illinois Public Aid
Code, and only when at least 36 months have elapsed since the
order for child support was entered or last modified.
The court may grant a petition for modification that seeks
to apply the changes made to subsection (a) of Section 505 by
Public Act 99-764 this amendatory Act of the 99th General
Assembly to an order entered before the effective date of
Public Act 99-764 this amendatory Act of the 99th General
Assembly only upon a finding of a substantial change in
circumstances that warrants application of the changes. The
enactment of Public Act 99-764 this amendatory Act of the 99th
General Assembly itself does not constitute a substantial
change in circumstances warranting a modification.
(a-5) An order for maintenance may be modified or
terminated only upon a showing of a substantial change in
circumstances. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
(1) any change in the employment status of either party
and whether the change has been made in good faith;
(2) the efforts, if any, made by the party receiving
maintenance to become self-supporting, and the
reasonableness of the efforts where they are appropriate;
(3) any impairment of the present and future earning
capacity of either party;
(4) the tax consequences of the maintenance payments
upon the respective economic circumstances of the parties;
(5) the duration of the maintenance payments
previously paid (and remaining to be paid) relative to the
length of the marriage;
(6) the property, including retirement benefits,
awarded to each party under the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage and the present
status of the property;
(7) the increase or decrease in each party's income
since the prior judgment or order from which a review,
modification, or termination is being sought;
(8) the property acquired and currently owned by each
party after the entry of the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage; and
(9) any other factor that the court expressly finds to
be just and equitable.
(a-6) In a review under subsection (b-4.5) of Section 504
of this Act, the court may enter a fixed-term maintenance award
that bars future maintenance only if, at the time of the entry
of the award, the marriage had lasted 10 years or less at the
time the original action was commenced.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage of
the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis. A payor's obligation to pay
maintenance or unallocated maintenance terminates by operation
of law on the date the recipient remarries or the date the
court finds cohabitation began. The payor is entitled to
reimbursement for all maintenance paid from that date forward.
Any termination of an obligation for maintenance as a result of
the death of the payor party, however, shall be inapplicable to
any right of the other party or such other party's designee to
receive a death benefit under such insurance on the payor
party's life. A party receiving maintenance must advise the
payor of his or her intention to marry at least 30 days before
the remarriage, unless the decision is made within this time
period. In that event, he or she must notify the other party
within 72 hours of getting married.
(c-5) In an adjudicated case, the court shall make specific
factual findings as to the reason for the modification as well
as the amount, nature, and duration of the modified maintenance
award.
(d) Unless otherwise provided in this Act, or as agreed in
writing or expressly provided in the judgment, provisions for
the support of a child are terminated by emancipation of the
child, or if the child has attained the age of 18 and is still
attending high school, provisions for the support of the child
are terminated upon the date that the child graduates from high
school or the date the child attains the age of 19, whichever
is earlier, but not by the death of a parent obligated to
support or educate the child. An existing obligation to pay for
support or educational expenses, or both, is not terminated by
the death of a parent. When a parent obligated to pay support
or educational expenses, or both, dies, the amount of support
or educational expenses, or both, may be enforced, modified,
revoked or commuted to a lump sum payment, as equity may
require, and that determination may be provided for at the time
of the dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The time
within which a claim may be filed against the estate of a
decedent under Sections 505 and 513 and subsection (d) and this
subsection shall be governed by the provisions of the Probate
Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support or
allocation of parental responsibilities shall not delay any
child support enforcement litigation or supplementary
proceeding on behalf of the obligee, including, but not limited
to, a petition for a rule to show cause, for non-wage
garnishment, or for a restraining order.
(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised
9-8-16.)
Section 710. The Illinois Parentage Act of 2015 is amended
by changing Section 103 as follows:
(750 ILCS 46/103)
Sec. 103. Definitions. In this Act:
(a) "Acknowledged father" means a man who has established a
father-child relationship under Article 3.
(b) "Adjudicated father" means a man who has been
adjudicated by a court of competent jurisdiction, or as
authorized under Article X of the Illinois Public Aid Code, to
be the father of a child.
(c) "Alleged father" means a man who alleges himself to be,
or is alleged to be, the biological father or a possible
biological father of a child, but whose paternity has not been
established. The term does not include:
(1) a presumed parent or acknowledged father; or
(2) a man whose parental rights have been terminated or
declared not to exist.
(d) "Assisted reproduction" means a method of achieving a
pregnancy through though an artificial insemination or an
embryo transfer and includes gamete and embryo donation.
"Assisted reproduction" does not include any pregnancy
achieved through sexual intercourse.
(e) "Child" means an individual of any age whose parentage
may be established under this Act.
(f) "Combined paternity index" means the likelihood of
paternity calculated by computing the ratio between:
(1) the likelihood that the tested man is the father,
based on the genetic markers of the tested man, mother, and
child, conditioned on the hypothesis that the tested man is
the father of the child; and
(2) the likelihood that the tested man is not the
father, based on the genetic markers of the tested man,
mother, and child, conditioned on the hypothesis that the
tested man is not the father of the child and that the
father is of the same ethnic or racial group as the tested
man.
(g) "Commence" means to file the initial pleading seeking
an adjudication of parentage in the circuit court of this
State.
(h) "Determination of parentage" means the establishment
of the parent-child relationship by the signing of a voluntary
acknowledgment under Article 3 of this Act or adjudication by
the court or as authorized under Article X of the Illinois
Public Aid Code.
(i) "Donor" means an individual who participates in an
assisted reproductive technology arrangement by providing
gametes and relinquishes all rights and responsibilities to the
gametes so that another individual or individuals may become
the legal parent or parents of any resulting child. "Donor"
does not include a spouse in any assisted reproductive
technology arrangement in which his or her spouse will parent
any resulting child.
(j) "Ethnic or racial group" means, for purposes of genetic
testing, a recognized group that an individual identifies as
all or part of the individual's ancestry or that is so
identified by other information.
(k) "Gamete" means either a sperm or an egg.
(l) "Genetic testing" means an analysis of genetic markers
to exclude or identify a man as the father or a woman as the
mother of a child as provided in Article 4 of this Act.
(l-5) "Gestational surrogacy" means the process by which a
woman attempts to carry and give birth to a child created
through in vitro fertilization in which the gestational
surrogate has made no genetic contribution to any resulting
child.
(m) "Gestational surrogate" means a woman who is not an
intended parent and agrees to engage in a gestational surrogacy
arrangement pursuant to the terms of a valid gestational
surrogacy arrangement under the Gestational Surrogacy Act.
(m-5) "Intended parent" means a person who enters into an
assisted reproductive technology arrangement, including a
gestational surrogacy arrangement, under which he or she will
be the legal parent of the resulting child.
(n) "Parent" means an individual who has established a
parent-child relationship under Section 201 of this Act.
(o) "Parent-child relationship" means the legal
relationship between a child and a parent of the child.
(p) "Presumed parent" means an individual who, by operation
of law under Section 204 of this Act, is recognized as the
parent of a child until that status is rebutted or confirmed in
a judicial or administrative proceeding.
(q) "Probability of paternity" means the measure, for the
ethnic or racial group to which the alleged father belongs, of
the probability that the man in question is the father of the
child, compared with a random, unrelated man of the same ethnic
or racial group, expressed as a percentage incorporating the
combined paternity index and a prior probability.
(r) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(s) "Signatory" means an individual who authenticates a
record and is bound by its terms.
(t) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(u) "Substantially similar legal relationship" means a
relationship recognized in this State under Section 60 of the
Illinois Religious Freedom Protection and Civil Union Act.
(v) "Support-enforcement agency" means a public official
or agency authorized to seek:
(1) enforcement of support orders or laws relating to
the duty of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) location of child-support obligors and their
income and assets.
(Source: P.A. 99-85, eff. 1-1-16; 99-763, eff. 1-1-17; 99-769,
eff. 1-1-17; revised 9-12-16.)
Section 715. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 202 as follows:
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
Sec. 202. Commencement of action; filing fees; dismissal.
(a) How to commence action. Actions for orders of
protection are commenced:
(1) Independently: By filing a petition for an order of
protection in any civil court, unless specific courts are
designated by local rule or order.
(2) In conjunction with another civil proceeding: By
filing a petition for an order of protection under the same
case number as another civil proceeding involving the
parties, including but not limited to: (i) any proceeding
under the Illinois Marriage and Dissolution of Marriage
Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
and Children Act, Revised Uniform Reciprocal Enforcement
of Support Act or an action for nonsupport brought under
Article X 10 of the Illinois Public Aid Code, provided that
a petitioner and the respondent are a party to or the
subject of that proceeding or (ii) a guardianship
proceeding under the Probate Act of 1975, or a proceeding
for involuntary commitment under the Mental Health and
Developmental Disabilities Code, or any proceeding, other
than a delinquency petition, under the Juvenile Court Act
of 1987, provided that a petitioner or the respondent is a
party to or the subject of such proceeding.
(3) In conjunction with a delinquency petition or a
criminal prosecution: By filing a petition for an order of
protection, under the same case number as the delinquency
petition or criminal prosecution, to be granted during
pre-trial release of a defendant, with any dispositional
order issued under Section 5-710 of the Juvenile Court Act
of 1987 or as a condition of release, supervision,
conditional discharge, probation, periodic imprisonment,
parole, aftercare release, or mandatory supervised
release, or in conjunction with imprisonment or a bond
forfeiture warrant; provided that:
(i) the violation is alleged in an information,
complaint, indictment or delinquency petition on file,
and the alleged offender and victim are family or
household members or persons protected by this Act; and
(ii) the petition, which is filed by the State's
Attorney, names a victim of the alleged crime as a
petitioner.
(b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or orders; or for issuing
alias summons; or for any related filing service. No fee shall
be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent action
and, if necessary and appropriate, transferred to a different
court or division. Dismissal of any conjoined case shall not
affect the validity of any previously issued order of
protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
(d) Pro se petitions. The court shall provide, through the
office of the clerk of the court, simplified forms and clerical
assistance to help with the writing and filing of a petition
under this Section by any person not represented by counsel. In
addition, that assistance may be provided by the state's
attorney.
(e) As provided in this subsection, the administrative
director of the Administrative Office of the Illinois Courts,
with the approval of the administrative board of the courts,
may adopt rules to establish and implement a pilot program to
allow the electronic filing of petitions for temporary orders
of protection and the issuance of such orders by audio-visual
means to accommodate litigants for whom attendance in court to
file for and obtain emergency relief would constitute an undue
hardship or would constitute a risk of harm to the litigant.
(1) As used in this subsection:
(A) "Electronic means" means any method of
transmission of information between computers or other
machines designed for the purpose of sending or
receiving electronic transmission and that allows for
the recipient of information to reproduce the
information received in a tangible medium of
expression.
(B) "Independent audio-visual system" means an
electronic system for the transmission and receiving
of audio and visual signals, including those with the
means to preclude the unauthorized reception and
decoding of the signals by commercially available
television receivers, channel converters, or other
available receiving devices.
(C) "Electronic appearance" means an appearance in
which one or more of the parties are not present in the
court, but in which, by means of an independent
audio-visual system, all of the participants are
simultaneously able to see and hear reproductions of
the voices and images of the judge, counsel, parties,
witnesses, and any other participants.
(2) Any pilot program under this subsection (e) shall
be developed by the administrative director or his or her
delegate in consultation with at least one local
organization providing assistance to domestic violence
victims. The program plan shall include but not be limited
to:
(A) identification of agencies equipped with or
that have access to an independent audio-visual system
and electronic means for filing documents; and
(B) identification of one or more organizations
who are trained and available to assist petitioners in
preparing and filing petitions for temporary orders of
protection and in their electronic appearances before
the court to obtain such orders; and
(C) identification of the existing resources
available in local family courts for the
implementation and oversight of the pilot program; and
(D) procedures for filing petitions and documents
by electronic means, swearing in the petitioners and
witnesses, preparation of a transcript of testimony
and evidence presented, and a prompt transmission of
any orders issued to the parties; and
(E) a timeline for implementation and a plan for
informing the public about the availability of the
program; and
(F) a description of the data to be collected in
order to evaluate and make recommendations for
improvements to the pilot program.
(3) In conjunction with an electronic appearance, any
petitioner for an ex parte temporary order of protection
may, using the assistance of a trained advocate if
necessary, commence the proceedings by filing a petition by
electronic means.
(A) A petitioner who is seeking an ex parte
temporary order of protection using an electronic
appearance must file a petition in advance of the
appearance and may do so electronically.
(B) The petitioner must show that traveling to or
appearing in court would constitute an undue hardship
or create a risk of harm to the petitioner. In granting
or denying any relief sought by the petitioner, the
court shall state the names of all participants and
whether it is granting or denying an appearance by
electronic means and the basis for such a
determination. A party is not required to file a
petition or other document by electronic means or to
testify by means of an electronic appearance.
(C) Nothing in this subsection (e) affects or
changes any existing laws governing the service of
process, including requirements for personal service
or the sealing and confidentiality of court records in
court proceedings or access to court records by the
parties to the proceedings.
(4) Appearances.
(A) All electronic appearances by a petitioner
seeking an ex parte temporary order of protection under
this subsection (e) are strictly voluntary and the
court shall obtain the consent of the petitioner on the
record at the commencement of each appearance.
(B) Electronic appearances under this subsection
(e) shall be recorded and preserved for transcription.
Documentary evidence, if any, referred to by a party or
witness or the court may be transmitted and submitted
and introduced by electronic means.
(Source: P.A. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16; 99-718,
eff. 1-1-17; revised 10-25-16.)
Section 720. The Probate Act of 1975 is amended by changing
Section 11a-10 as follows:
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
Sec. 11a-10. Procedures preliminary to hearing.
(a) Upon the filing of a petition pursuant to Section
11a-8, the court shall set a date and place for hearing to take
place within 30 days. The court shall appoint a guardian ad
litem to report to the court concerning the respondent's best
interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is not
necessary for the protection of the respondent or a reasonably
informed decision on the petition. If the guardian ad litem is
not a licensed attorney, he or she shall be qualified, by
training or experience, to work with or advocate for persons
with developmental disabilities, the mentally ill, persons
with physical disabilities, the elderly, or persons with a
disability due to mental deterioration, depending on the type
of disability that is alleged in the petition. The court may
allow the guardian ad litem reasonable compensation. The
guardian ad litem may consult with a person who by training or
experience is qualified to work with persons with a
developmental disability, persons with mental illness, persons
with physical disabilities, or persons with a disability due to
mental deterioration, depending on the type of disability that
is alleged. The guardian ad litem shall personally observe the
respondent prior to the hearing and shall inform him orally and
in writing of the contents of the petition and of his rights
under Section 11a-11. The guardian ad litem shall also attempt
to elicit the respondent's position concerning the
adjudication of disability, the proposed guardian, a proposed
change in residential placement, changes in care that might
result from the guardianship, and other areas of inquiry deemed
appropriate by the court. Notwithstanding any provision in the
Mental Health and Developmental Disabilities Confidentiality
Act or any other law, a guardian ad litem shall have the right
to inspect and copy any medical or mental health record of the
respondent which the guardian ad litem deems necessary,
provided that the information so disclosed shall not be
utilized for any other purpose nor be redisclosed except in
connection with the proceedings. At or before the hearing, the
guardian ad litem shall file a written report detailing his or
her observations of the respondent, the responses of the
respondent to any of the inquiries detailed in this Section,
the opinion of the guardian ad litem or other professionals
with whom the guardian ad litem consulted concerning the
appropriateness of guardianship, and any other material issue
discovered by the guardian ad litem. The guardian ad litem
shall appear at the hearing and testify as to any issues
presented in his or her report.
(b) The court (1) may appoint counsel for the respondent,
if the court finds that the interests of the respondent will be
best served by the appointment, and (2) shall appoint counsel
upon respondent's request or if the respondent takes a position
adverse to that of the guardian ad litem. The respondent shall
be permitted to obtain the appointment of counsel either at the
hearing or by any written or oral request communicated to the
court prior to the hearing. The summons shall inform the
respondent of this right to obtain appointed counsel. The court
may allow counsel for the respondent reasonable compensation.
(c) If the respondent is unable to pay the fee of the
guardian ad litem or appointed counsel, or both, the court may
enter an order for the petitioner to pay all such fees or such
amounts as the respondent or the respondent's estate may be
unable to pay. However, in cases where the Office of State
Guardian is the petitioner, consistent with Section 30 of the
Guardianship and Advocacy Act, where the public guardian is the
petitioner, consistent with Section 13-5 of this Act, where an
adult protective services agency is the petitioner, pursuant to
Section 9 of the Adult Protective Services Act, or where the
Department of Children and Family Services is the petitioner
under subparagraph (d) of subsection (1) of Section 2-27 of the
Juvenile Court Act of 1987, no guardian ad litem or legal fees
shall be assessed against the Office of State Guardian, the
public guardian, the adult protective services agency, or the
Department of Children and Family Services.
(d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
(e) Unless he is the petitioner, the respondent shall be
personally served with a copy of the petition and a summons not
less than 14 days before the hearing. The summons shall be
printed in large, bold type and shall include the following
notice:
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship
petition asking that you be declared a person with a
disability. If the court grants the petition, a guardian will
be appointed for you. A copy of the guardianship petition is
attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
If a guardian is appointed for you, the guardian may be
given the right to make all important personal decisions for
you, such as where you may live, what medical treatment you may
receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your
money and other property, including your home, if you own one.
You may lose the right to make these decisions for yourself.
You have the following legal rights:
(1) You have the right to be present at the court
hearing.
(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons
to hear your case.
(4) You have the right to present evidence to the court
and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an
independent expert to examine you and give an opinion about
your need for a guardian.
(6) You have the right to ask that the court hearing be
closed to the public.
(7) You have the right to tell the court whom you
prefer to have for your guardian.
You do not have to attend the court hearing if you do not
want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit
to you. The hearing will not be postponed or canceled if you do
not attend.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
IF YOU DO NOT WANT A GUARDIAN OR OF IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
Service of summons and the petition may be made by a
private person 18 years of age or over who is not a party to the
action.
(f) Notice of the time and place of the hearing shall be
given by the petitioner by mail or in person to those persons,
including the proposed guardian, whose names and addresses
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756,
eff. 7-16-14; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
revised 10-27-16.)
Section 725. The Uniform Real Property Electronic
Recording Act is amended by changing Section 5 as follows:
(765 ILCS 33/5)
Sec. 5. Administration and standards.
(a) To adopt standards to implement this Act, there is
established, within the Office of the Secretary of State, the
Illinois Electronic Recording Commission consisting of 17
commissioners as follows:
(1) The Secretary of State or the Secretary's designee
shall be a permanent commissioner.
(2) The Secretary of State shall appoint the following
additional 16 commissioners:
(A) Three who are from the land title profession.
(B) Three who are from lending institutions.
(C) One who is an attorney.
(D) Seven who are county recorders, no more than 4
of whom are from one political party, representative of
counties of varying size, geography, population, and
resources.
(E) Two who are licensed real estate brokers or
managing brokers under the Real Estate License Act of
2000.
(3) On August 27, 2007 (the effective date of this
Act), the Secretary of State or the Secretary's designee
shall become the Acting Chairperson of the Commission. The
Secretary shall appoint the initial commissioners within
60 days and hold the first meeting of the Commission within
120 days, notifying commissioners of the time and place of
the first meeting with at least 14 days' notice. At its
first meeting the Commission shall adopt, by a majority
vote, such rules and structure that it deems necessary to
govern its operations, including the title,
responsibilities, and election of officers. Once adopted,
the rules and structure may be altered or amended by the
Commission by majority vote. Upon the election of officers
and adoption of rules or bylaws, the duties of the Acting
Chairperson shall cease.
(4) The Commission shall meet at least once every year
within the State of Illinois. The time and place of
meetings to be determined by the Chairperson and approved
by a majority of the Commission.
(5) Nine commissioners shall constitute a quorum.
(6) Commissioners shall receive no compensation for
their services but may be reimbursed for reasonable
expenses at current rates in effect at the Office of the
Secretary of State, directly related to their duties as
commissioners and participation at Commission meetings or
while on business or at meetings which have been authorized
by the Commission.
(7) Appointed commissioners shall serve terms of 3
years, which shall expire on December 1st. Five of the
initially appointed commissioners, including at least 2
county recorders, shall serve terms of one year, 5 of the
initially appointed commissioners, including at least 2
county recorders, shall serve terms of 2 years, and 4 of
the initially appointed commissioners shall serve terms of
3 years, to be determined by lot. Of the commissioners
appointed under subparagraph (E) of paragraph (2) of this
subsection, one of the initially appointed commissioners
shall serve a term of 2 years and one of the initially
appointed commissioners shall serve a term of 3 years, to
be determined by lot. The calculation of the terms in
office of the initially appointed commissioners shall
begin on the first December 1st after the commissioners
have served at least 6 months in office.
(8) The Chairperson shall declare a commissioner's
office vacant immediately after receipt of a written
resignation, death, a recorder commissioner no longer
holding the public office, or under other circumstances
specified within the rules adopted by the Commission, which
shall also by rule specify how and by what deadlines a
replacement is to be appointed.
(b) (Blank).
(c) The Commission shall adopt and transmit to the
Secretary of State standards to implement this Act and shall be
the exclusive entity to set standards for counties to engage in
electronic recording in the State of Illinois.
(d) To keep the standards and practices of county recorders
in this State in harmony with the standards and practices of
recording offices in other jurisdictions that enact
substantially this Act and to keep the technology used by
county recorders in this State compatible with technology used
by recording offices in other jurisdictions that enact
substantially this Act, the Commission, so far as is consistent
with the purposes, policies, and provisions of this Act, in
adopting, amending, and repealing standards shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national
standard-setting bodies, such as the Property Records
Industry Association;
(3) the views of interested persons and governmental
officials and entities;
(4) the needs of counties of varying size, population,
and resources; and
(5) standards requiring adequate information security
protection to ensure that electronic documents are
accurate, authentic, adequately preserved, and resistant
to tampering.
(e) The Commission shall review the statutes related to
real property and the statutes related to recording real
property documents and shall recommend to the General Assembly
any changes in the statutes that the Commission deems necessary
or advisable.
(f) Funding. The Secretary of State may accept for the
Commission, for any of its purposes and functions, donations,
gifts, grants, and appropriations of money, equipment,
supplies, materials, and services from the federal government,
the State or any of its departments or agencies, a county or
municipality, or from any institution, person, firm, or
corporation. The Commission may authorize a fee payable by
counties engaged in electronic recording to fund its expenses.
Any fee shall be proportional based on county population or
number of documents recorded annually. On approval by a county
recorder of the form and amount, a county board may authorize
payment of any fee out of the special fund it has created to
fund document storage and electronic retrieval, as authorized
in Section 3-5018 of the Counties Code. Any funds received by
the Office of the Secretary of State for the Commission shall
be used entirely for expenses approved by and for the use of
the Commission.
(g) The Secretary of State shall provide administrative
support to the Commission, including the preparation of the
agenda and minutes for Commission meetings, distribution of
notices and proposed rules to commissioners, payment of bills
and reimbursement for expenses of commissioners.
(h) Standards and rules adopted by the Commission shall be
delivered to the Secretary of State. Within 60 days, the
Secretary shall either promulgate by rule the standards
adopted, amended, or repealed or return them to the Commission,
with findings, for changes. The Commission may override the
Secretary by a three-fifths vote, in which case the Secretary
shall publish the Commission's standards.
(Source: P.A. 99-662, eff. 1-1-17; revised 10-27-16.)
Section 730. The Common Interest Community Association Act
is amended by changing Section 1-90 as follows:
(765 ILCS 160/1-90)
(Section scheduled to be repealed on July 1, 2022)
Sec. 1-90. Compliance with the Condominium and Common
Interest Community Ombudsperson Act. Every common interest
community association, except for those exempt from this Act
under Section 1-75, must comply with the Condominium and Common
Community Interest Community Ombudsperson Act and is subject to
all provisions of the Condominium and Common Community Interest
Community Ombudsperson Act. This Section is repealed July 1,
2022.
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
99-776 for effective date of P.A. 98-1135); 99-776, eff.
8-12-16; revised 10-27-16.)
Section 735. The Condominium Property Act is amended by
changing Section 27 as follows:
(765 ILCS 605/27) (from Ch. 30, par. 327)
Sec. 27. Amendments.
(a) If there is any unit owner other than the developer,
and unless otherwise provided in this Act, the condominium
instruments shall be amended only as follows:
(i) upon the affirmative vote of 2/3 of those voting or
upon the majority specified by the condominium
instruments, provided that in no event shall the
condominium instruments require more than a three-quarters
vote of all unit owners; and
(ii) with the approval of, or notice to, any mortgagees
or other lienholders of record, if required under the
provisions of the condominium instruments.
(b)(1) If there is an omission, error, or inconsistency in
a condominium instrument, such that a provision of a
condominium instrument does not conform to this Act or to
another applicable statute, the association may correct the
omission, error, or inconsistency to conform the condominium
instrument to this Act or to another applicable statute by an
amendment adopted by vote of two-thirds of the Board of
Managers, without a unit owner vote. A provision in a
condominium instrument requiring or allowing unit owners,
mortgagees, or other lienholders of record to vote to approve
an amendment to a condominium instrument, or for the mortgagees
or other lienholders of record to be given notice of an
amendment to a condominium instrument, is not applicable to an
amendment to the extent that the amendment corrects an
omission, error, or inconsistency to conform the condominium
instrument to this Act or to another applicable statute.
(2) If through a scrivener's error, a unit has not been
designated as owning an appropriate undivided share of the
common elements or does not bear an appropriate share of the
common expenses or that all the common expenses or all of the
common elements in the condominium have not been distributed in
the declaration, so that the sum total of the shares of common
elements which have been distributed or the sum total of the
shares of the common expenses fail to equal 100%, or if it
appears that more than 100% of the common elements or common
expenses have been distributed, the error may be corrected by
operation of law by filing an amendment to the declaration
approved by vote of two-thirds of the members of the Board of
Managers or a majority vote of the unit owners at a meeting
called for this purpose which proportionately adjusts all
percentage interests so that the total is equal to 100% unless
the condominium instruments specifically provide for a
different procedure or different percentage vote by the owners
of the units and the owners of mortgages thereon affected by
modification being made in the undivided interest in the common
elements, the number of votes in the unit owners association or
the liability for common expenses appertaining to the unit.
(3) If an omission or error or a scrivener's error in the
declaration, bylaws or other condominium instrument is
corrected by vote of two-thirds of the members of the Board of
Managers pursuant to the authority established in subsections
(b)(1) or (b)(2) of this Section 27 of this Act, the Board upon
written petition by unit owners with 20 percent of the votes of
the association filed within 30 days of the Board action shall
call a meeting of the unit owners within 30 days of the filing
of the petition to consider the Board action. Unless a majority
of the votes of the unit owners of the association are cast at
the meeting to reject the action, it is ratified whether or not
a quorum is present.
(4) The procedures for amendments set forth in this
subsection (b) cannot be used if such an amendment would
materially or adversely affect property rights of the unit
owners unless the affected unit owners consent in writing. This
Section does not restrict the powers of the association to
otherwise amend the declaration, bylaws, or other condominium
instruments, but authorizes a simple process of amendment
requiring a lesser vote for the purpose of correcting defects,
errors, or omissions when the property rights of the unit
owners are not materially or adversely affected.
(5) If there is an omission or error in the declaration,
bylaws, or other condominium instruments, which may not be
corrected by an amendment procedure set forth in paragraphs (1)
and (2) of this subsection (b) of Section 27 in the declaration
then the Circuit Court in the County in which the condominium
is located shall have jurisdiction to hear a petition of one or
more of the unit owners thereon or of the association, to
correct the error or omission, and the action may be a class
action. The court may require that one or more methods of
correcting the error or omission be submitted to the unit
owners to determine the most acceptable correction. All unit
owners in the association must be joined as parties to the
action. Service of process on owners may be by publication, but
the plaintiff shall furnish all unit owners not personally
served with process with copies of the petition and final
judgment of the court by certified mail return receipt
requested, at their last known address.
(6) Nothing contained in this Section shall be construed to
invalidate any provision of a condominium instrument
authorizing the developer to amend a condominium instrument
prior to the latest date on which the initial membership
meeting of the unit owners must be held, whether or not nor it
has actually been held, to bring the instrument into compliance
with the legal requirements of the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, the
Federal Housing Administration, the United States Veterans
Administration or their respective successors and assigns.
(Source: P.A. 98-282, eff. 1-1-14; 99-472, eff. 6-1-16; revised
9-1-16.)
Section 740. The Condominium and Common Interest Community
Ombudsperson Act is amended by changing Section 50 as follows:
(765 ILCS 615/50)
(Section scheduled to be repealed on July 1, 2022)
Sec. 50. Reports. (a) The Department shall submit an annual
written report on the activities of the Office to the General
Assembly. The Department shall submit the first report no later
than July 1, 2018. Beginning in 2019, the Department shall
submit the report no later than October 1 of each year. The
report shall include all of the following:
(1) annual workload and performance data, including
(i) the number of requests for information; (ii) training,
education, or other information provided; (iii) the manner
in which education and training was conducted; and (iv) the
staff time required to provide the training, education, or
other information. For each category of data, the report
shall provide subtotals based on the type of question or
dispute involved in the request; and
(2) where relevant information is available, analysis
of the most common and serious types of concerns within
condominiums and common interest communities, along with
any recommendations for statutory reform to reduce the
frequency or severity of those disputes.
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
99-776 for effective date of P.A. 98-1135); 99-776, eff.
8-12-16; revised 10-25-16.)
Section 745. The Uniform Disposition of Unclaimed Property
Act is amended by changing Section 8.1 as follows:
(765 ILCS 1025/8.1) (from Ch. 141, par. 108.1)
Sec. 8.1. Property held by governments.
(a) All tangible personal property or intangible personal
property and all debts owed or entrusted funds or other
property held by any federal, state or local government or
governmental subdivision, agency, entity, officer or appointee
thereof, shall be presumed abandoned if the property has
remained unclaimed for 5 years, except as provided in
subsection (c).
(b) This Section applies to all abandoned property held by
any federal, state or local government or governmental
subdivision, agency, entity, officer or appointee thereof, on
September 3, 1991 (the effective date of Public Act 87-206)
this amendatory Act of 1991 or at any time thereafter,
regardless of when the property became or becomes presumptively
abandoned.
(c) United States savings bonds.
(1) As used in this subsection, "United States savings
bond" means property, tangible or intangible, in the form
of a savings bond issued by the United States Treasury,
whether in paper, electronic, or paperless form, along with
all proceeds thereof in the possession of the State
Treasurer.
(2) Notwithstanding any provision of this Act to the
contrary, a United States savings bond subject to this
Section or held or owing in this State by any person shall
be presumed abandoned when such bond has remained unclaimed
and unredeemed for 5 years after its date of final extended
maturity.
(3) United States savings bonds that are presumed
abandoned and unclaimed under paragraph (2) shall escheat
to the State of Illinois and all property rights and legal
title to and ownership of the United States savings bonds,
or proceeds from the bonds, including all rights, powers,
and privileges of survivorship of any owner, co-owner, or
beneficiary, shall vest solely in the State according to
the procedure set forth in paragraphs (4) through (6).
(4) Within 180 days after a United States savings bond
has been presumed abandoned, in the absence of a claim
having been filed with the State Treasurer for the savings
bond, the State Treasurer shall commence a civil action in
the Circuit Court of Sangamon County for a determination
that the United States savings bond bonds has escheated to
the State. The State Treasurer may postpone the bringing of
the action until sufficient United States savings bonds
have accumulated in the State Treasurer's custody to
justify the expense of the proceedings.
(5) The State Treasurer shall make service by
publication in the civil action in accordance with Sections
2-206 and 2-207 of the Code of Civil Procedure, which shall
include the filing with the Circuit Court of Sangamon
County of the affidavit required in Section 2-206 of that
Code by an employee of the State Treasurer with personal
knowledge of the efforts made to contact the owners of
United States savings bonds presumed abandoned under this
Section. In addition to the diligent inquiries made
pursuant to Section 2-206 of the Code of Civil Procedure,
the State Treasurer may also utilize additional
discretionary means to attempt to provide notice to persons
who may own a United States savings bond registered to a
person with a last known address in the State of Illinois
subject to a civil action pursuant to paragraph (4).
(6) The owner of a United States savings bond
registered to a person with a last known address in the
State of Illinois subject to a civil action pursuant to
paragraph (4) may file a claim for such United States
savings bond with either the State Treasurer or by filing a
claim in the civil action in the Circuit Court of Sangamon
County in which the savings bond registered to that person
is at issue prior to the entry of a final judgment by the
Circuit Court pursuant to this subsection, and unless the
Circuit Court determines that such United States savings
bond is not owned by the claimant, then such United States
savings bond shall no longer be presumed abandoned. If no
person files a claim or appears at the hearing to
substantiate a disputed claim or if the court determines
that a claimant is not entitled to the property claimed by
the claimant, then the court, if satisfied by evidence that
the State Treasurer has substantially complied with the
laws of this State, shall enter a judgment that the United
States savings bonds have escheated to this State, and all
property rights and legal title to and ownership of such
United States savings bonds or proceeds from such bonds,
including all rights, powers, and privileges of
survivorship of any owner, co-owner, or beneficiary, shall
vest in this State.
(7) The State Treasurer shall redeem from the Bureau of
the Fiscal Service of the United States Treasury the United
States savings bonds escheated to the State and deposit the
proceeds from the redemption of United States savings bonds
into the Unclaimed Property Trust Fund.
(8) Any person making a claim for the United States
savings bonds escheated to the State under this subsection,
or for the proceeds from such bonds, may file a claim with
the State Treasurer. Upon providing sufficient proof of the
validity of such person's claim, the State Treasurer may,
in his or her sole discretion, pay such claim. If payment
has been made to any claimant, no action thereafter shall
be maintained by any other claimant against the State or
any officer thereof for or on account of such funds.
(Source: P.A. 99-556, eff. 1-1-17; 99-577, eff. 1-1-17; revised
9-15-16.)
Section 750. The Illinois Human Rights Act is amended by
changing Section 4-104 as follows:
(775 ILCS 5/4-104) (from Ch. 68, par. 4-104)
Sec. 4-104. Exemptions. ) Nothing contained in this Article
shall prohibit:
(A) Sound Underwriting Practices. A financial
institution from considering sound underwriting practices
in contemplation of any loan to any person. Such practices
shall include:
(1) The willingness and the financial ability of
the borrower to repay the loan.
(2) The market value of any real estate or other
item of property proposed as security for any loan.
(3) Diversification of the financial institution's
investment portfolio.
(B) Credit-worthiness Information; Credit Systems. A
financial institution or a person who offers credit cards
from:
(1) making an inquiry of the applicant's age,
permanent residence, immigration status, or any
additional information if such inquiry is for the
purpose of determining the amount and probable
continuance of income levels, credit history, or other
pertinent element of credit-worthiness as provided in
regulations of the Department;
(2) using any empirically derived credit system
which considers age if such system is demonstrably and
statistically sound in accordance with regulations of
the Department, except that in the operation of such
system the age of an applicant over the age of 62 years
may not be assigned a negative factor or value.
(C) Special Credit Programs. A financial institution
from refusing to extend credit when required to by or
pursuant to any:
(1) credit assistance program expressly authorized
by law for an economically disadvantaged class of
persons;
(2) credit assistance program administered by a
nonprofit organization for its members of an
economically disadvantaged class of persons;
(3) special purpose credit program offered by a
profit-making organization to meet special social
needs which meets standards prescribed by the
Department in its regulations.
(Source: P.A. 81-1267; revised 9-1-16.)
Section 755. The Professional Service Corporation Act is
amended by changing Section 3.1 as follows:
(805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)
Sec. 3.1. "Ancillary personnel" means such persons person
acting in their customary capacities, employed by those
rendering a professional service who:
(1) are Are not licensed to engage in the category of
professional service for which a professional corporation
was formed; and
(2) work Work at the direction or under the supervision
of those who are so licensed; and
(3) do Do not hold themselves out to the public
generally as being authorized to engage in the practice of
the profession for which the corporation is licensed; and
(4) are Are not prohibited by the regulating authority,
regulating the category of professional service rendered
by the corporation from being so employed and includes
clerks, secretaries, technicians and other assistants who
are not usually and ordinarily considered by custom and
practice to be rendering the professional services for
which the corporation was formed.
(Source: P.A. 99-227, eff. 8-3-15; revised 10-26-16.)
Section 760. The Medical Corporation Act is amended by
changing Section 18 as follows:
(805 ILCS 15/18) (from Ch. 32, par. 648)
Sec. 18. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act, which provides that at hearings the licensee has
the right to show compliance with all lawful requirements for
retention, or continuation or renewal of the license, is
specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Illinois Administrative
Procedure Act is deemed sufficient when mailed to the last
known address of a party.
(Source: P.A. 88-45; revised 9-15-16.)
Section 765. The Uniform Commercial Code is amended by
changing Section 2-323 as follows:
(810 ILCS 5/2-323) (from Ch. 26, par. 2-323)
Sec. 2-323. Form of bill of lading required in overseas
shipment; "overseas"."
(1) Where the contract contemplates overseas shipment and
contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller
unless otherwise agreed must obtain a negotiable bill of lading
stating that the goods have been loaded on board or, in the
case of a term C.I.F. or C. & F., received for shipment.
(2) Where in a case within subsection (1) a tangible bill
of lading has been issued in a set of parts, unless otherwise
agreed if the documents are not to be sent from abroad the
buyer may demand tender of the full set; otherwise only one
part of the bill of lading need be tendered. Even if the
agreement expressly requires a full set:
(a) due tender of a single part is acceptable within
the provisions of this Article on cure of improper delivery
(subsection (1) of Section 2-508); and
(b) even though the full set is demanded, if the
documents are sent from abroad the person tendering an
incomplete set may nevertheless require payment upon
furnishing an indemnity which the buyer in good faith deems
adequate.
(3) A shipment by water or by air or a contract
contemplating such shipment is "overseas" insofar as by usage
of trade or agreement it is subject to the commercial,
financing or shipping practices characteristic of
international deep water commerce.
(Source: P.A. 95-895, eff. 1-1-09; revised 9-15-16.)
Section 770. The Illinois Securities Law of 1953 is amended
by changing Section 16 as follows:
(815 ILCS 5/16) (from Ch. 121 1/2, par. 137.16)
Sec. 16. Saving clauses. Notwithstanding any repeal
provisions of this Act, the provisions of the Act entitled "An
Act relating to the sale or other disposition of securities and
providing penalties for the violation thereof and to repeal
Acts in conflict therewith," approved June 10, 1919, as
amended, shall remain in force (1) for the prosecution and
punishment of any person who, before the effective date of this
Act, shall have violated any provision of said Act approved
June 10, 1919, as amended; (2) for carrying out the terms of
escrow agreements made pursuant to the provisions of said Act
approved June 10, 1919, as amended, and (3) for the retention,
enforcement and liquidation of deposits made with the Secretary
of State pursuant to the provisions of Section 6a of said Act
approved June 10, 1919, as amended, or of subsection E of
Section 6 of the "The Illinois Securities Law of 1953",
approved July 13, 1953, as amended and in effect prior to
January 1, 1986, which deposits, from and after January 1,
1986, shall be subject to the provisions of subsections G, H,
and I of Section 6 as if such deposits were made in respect of
face amount certificate contracts which were registered under
subsection B of Section 6 on or after January 1, 1986.
(Source: P.A. 84-1308; revised 10-26-16.)
Section 775. The Payday Loan Reform Act is amended by
changing Section 2-5 as follows:
(815 ILCS 122/2-5)
Sec. 2-5. Loan terms.
(a) Without affecting the right of a consumer to prepay at
any time without cost or penalty, no payday loan may have a
minimum term of less than 13 days.
(b) Except for an installment payday loan as defined in
this Section, no payday loan may be made to a consumer if the
loan would result in the consumer being indebted to one or more
payday lenders for a period in excess of 45 consecutive days.
Except as provided under subsection (c) of this Section and
Section 2-40, if a consumer has or has had loans outstanding
for a period in excess of 45 consecutive days, no payday lender
may offer or make a loan to the consumer for at least 7
calendar days after the date on which the outstanding balance
of all payday loans made during the 45 consecutive day period
is paid in full. For purposes of this subsection, the term
"consecutive days" means a series of continuous calendar days
in which the consumer has an outstanding balance on one or more
payday loans; however, if a payday loan is made to a consumer
within 6 days or less after the outstanding balance of all
loans is paid in full, those days are counted as "consecutive
days" for purposes of this subsection.
(c) Notwithstanding anything in this Act to the contrary, a
payday loan shall also include any installment loan otherwise
meeting the definition of payday loan contained in Section
1-10, but that has a term agreed by the parties of not less
than 112 days and not exceeding 180 days; hereinafter an
"installment payday loan". The following provisions shall
apply:
(i) Any installment payday loan must be fully
amortizing, with a finance charge calculated on the
principal balances scheduled to be outstanding and be
repayable in substantially equal and consecutive
installments, according to a payment schedule agreed by the
parties with not less than 13 days and not more than one
month between payments; except that the first installment
period may be longer than the remaining installment periods
by not more than 15 days, and the first installment payment
may be larger than the remaining installment payments by
the amount of finance charges applicable to the extra days.
In calculating finance charges under this subsection, when
the first installment period is longer than the remaining
installment periods, the amount of the finance charges
applicable to the extra days shall not be greater than
$15.50 per $100 of the original principal balance divided
by the number of days in a regularly scheduled installment
period and multiplied by the number of extra days
determined by subtracting the number of days in a regularly
scheduled installment period from the number of days in the
first installment period.
(ii) An installment payday loan may be refinanced by a
new installment payday loan one time during the term of the
initial loan; provided that the total duration of
indebtedness on the initial installment payday loan
combined with the total term of indebtedness of the new
loan refinancing that initial loan, shall not exceed 180
days. For purposes of this Act, a refinancing occurs when
an existing installment payday loan is paid from the
proceeds of a new installment payday loan.
(iii) In the event an installment payday loan is paid
in full prior to the date on which the last scheduled
installment payment before maturity is due, other than
through a refinancing, no licensee may offer or make a
payday loan to the consumer for at least 2 calendar days
thereafter.
(iv) No installment payday loan may be made to a
consumer if the loan would result in the consumer being
indebted to one or more payday lenders for a period in
excess of 180 consecutive days. The term "consecutive days"
does not include the date on which a consumer makes the
final installment payment.
(d) (Blank).
(e) No lender may make a payday loan to a consumer if the
total of all payday loan payments coming due within the first
calendar month of the loan, when combined with the payment
amount of all of the consumer's other outstanding payday loans
coming due within the same month, exceeds the lesser of:
(1) $1,000; or
(2) in the case of one or more payday loans, 25% of the
consumer's gross monthly income; or
(3) in the case of one or more installment payday
loans, 22.5% of the consumer's gross monthly income; or
(4) in the case of a payday loan and an installment
payday loan, 22.5% of the consumer's gross monthly income.
No loan shall be made to a consumer who has an outstanding
balance on 2 payday loans, except that, for a period of 12
months after March 21, 2011 (the effective date of Public Act
96-936) this amendatory Act of the 96th General Assembly,
consumers with an existing CILA loan may be issued an
installment loan issued under this Act from the company from
which their CILA loan was issued.
(e-5) Except as provided in subsection (c)(i), no lender
may charge more than $15.50 per $100 loaned on any payday loan,
or more than $15.50 per $100 on the initial principal balance
and on the principal balances scheduled to be outstanding
during any installment period on any installment payday loan.
Except for installment payday loans and except as provided in
Section 2-25, this charge is considered fully earned as of the
date on which the loan is made. For purposes of determining the
finance charge earned on an installment payday loan, the
disclosed annual percentage rate shall be applied to the
principal balances outstanding from time to time until the loan
is paid in full, or until the maturity date, whichever which
ever occurs first. No finance charge may be imposed after the
final scheduled maturity date.
When any loan contract is paid in full, the licensee shall
refund any unearned finance charge. The unearned finance charge
that is refunded shall be calculated based on a method that is
at least as favorable to the consumer as the actuarial method,
as defined by the federal Truth in Lending Act. The sum of the
digits or rule of 78ths method of calculating prepaid interest
refunds is prohibited.
(f) A lender may not take or attempt to take an interest in
any of the consumer's personal property to secure a payday
loan.
(g) A consumer has the right to redeem a check or any other
item described in the definition of payday loan under Section
1-10 issued in connection with a payday loan from the lender
holding the check or other item at any time before the payday
loan becomes payable by paying the full amount of the check or
other item.
(Source: P.A. 96-936, eff. 3-21-11; 97-421, eff. 1-1-12;
revised 9-15-16.)
Section 780. The High Risk Home Loan Act is amended by
changing Section 10 as follows:
(815 ILCS 137/10)
Sec. 10. Definitions. As used in this Act:
"Approved credit counselor" means a credit counselor
approved by the Director of Financial Institutions.
"Bona fide discount points" means loan discount points that
are knowingly paid by the consumer for the purpose of reducing,
and that in fact result in a bona fide reduction of, the
interest rate or time price differential applicable to the
mortgage.
"Borrower" means a natural person who seeks or obtains a
high risk home loan.
"Commissioner" means the Commissioner of the Office of
Banks and Real Estate.
"Department" means the Department of Financial
Institutions.
"Director" means the Director of Financial Institutions.
"Good faith" means honesty in fact in the conduct or
transaction concerned.
"High risk home loan" means a consumer credit transaction,
other than a reverse mortgage, that is secured by the
consumer's principal dwelling if: (i) at the time of
origination, the annual percentage rate exceeds by more than 6
percentage points in the case of a first lien mortgage, or by
more than 8 percentage points in the case of a junior mortgage,
the average prime offer rate, as defined in Section
129C(b)(2)(B) of the federal Truth in Lending Act, for a
comparable transaction as of the date on which the interest
rate for the transaction is set, or if the dwelling is personal
property, then as provided under 15 U.S.C. 1602(bb), as
amended, and any corresponding regulation, as amended, (ii) the
loan documents permit the creditor to charge or collect
prepayment fees or penalties more than 36 months after the
transaction closing or such fees exceed, in the aggregate, more
than 2% of the amount prepaid, or (iii) the total points and
fees payable in connection with the transaction, other than
bona fide third-party charges not retained by the mortgage
originator, creditor, or an affiliate of the mortgage
originator or creditor, will exceed (1) 5% of the total loan
amount in the case of a transaction for $20,000 (or such other
dollar amount as prescribed by federal regulation pursuant to
the federal Dodd-Frank Act) or more or (2) the lesser of 8% of
the total loan amount or $1,000 (or such other dollar amount as
prescribed by federal regulation pursuant to the federal
Dodd-Frank Act) in the case of a transaction for less than
$20,000 (or such other dollar amount as prescribed by federal
regulation pursuant to the federal Dodd-Frank Act), except
that, with respect to all transactions, bona fide loan discount
points may be excluded as provided for in Section 35 of this
Act. "High risk home loan" does not include a loan that is made
primarily for a business purpose unrelated to the residential
real property securing the loan or a consumer credit
transaction made by a natural person who provides seller
financing secured by a principal residence no more than 3 times
in a 12-month period, provided such consumer credit transaction
is not made by a person that has constructed or acted as a
contractor for the construction of the residence in the
ordinary course of business of such person.
"Lender" means a natural or artificial person who
transfers, deals in, offers, or makes a high risk home loan.
"Lender" includes, but is not limited to, creditors and brokers
who transfer, deal in, offer, or make high risk home loans.
"Lender" does not include purchasers, assignees, or subsequent
holders of high risk home loans.
"Office" means the Office of Banks and Real Estate.
"Points and fees" means all items considered to be points
and fees under 12 CFR 226.32 (2000, or as initially amended
pursuant to Section 1431 of the federal Dodd-Frank Act with no
subsequent amendments or editions included, whichever is
later); compensation paid directly or indirectly by a consumer
or creditor to a mortgage broker from any source, including a
broker that originates a loan in its own name in a table-funded
transaction, not otherwise included in 12 CFR 226.4; the
maximum prepayment fees and penalties that may be charged or
collected under the terms of the credit transaction; all
prepayment fees or penalties that are incurred by the consumer
if the loan refinances a previous loan made or currently held
by the same creditor or an affiliate of the creditor; and
premiums or other charges payable at or before closing or
financed directly or indirectly into the loan for any credit
life, credit disability, credit unemployment, credit property,
other accident, loss of income, life, or health insurance or
payments directly or indirectly for any debt cancellation or
suspension agreement or contract, except that insurance
premiums or debt cancellation or suspension fees calculated and
paid in full on a monthly basis shall not be considered
financed by the creditor. "Points and fees" does not include
any insurance premium provided by an agency of the federal
government or an agency of a state; any insurance premium paid
by the consumer after closing; and any amount of a premium,
charge, or fee that is not in excess of the amount payable
under policies in effect at the time of origination under
Section 203(c)(2)(A) of the National Housing Act (12 U.S.C.
1709(c)(2)(A)), provided that the premium, charge, or fee is
required to be refundable on a pro-rated basis and the refund
is automatically issued upon notification of the satisfaction
of the underlying mortgage loan.
"Prepayment penalty" and "prepayment fees or penalties"
mean: (i) for a closed-end credit transaction, a charge imposed
for paying all or part of the transaction's principal before
the date on which the principal is due, other than a waived,
bona fide third-party charge that the creditor imposes if the
consumer prepays all of the transaction's transactions's
principal sooner than 36 months after consummation and (ii) for
an open-end credit plan, a charge imposed by the creditor if
the consumer terminates the open-end credit plan prior to the
end of its term, other than a waived, bona fide third-party
charge that the creditor imposes if the consumer terminates the
open-end credit plan sooner than 36 months after account
opening.
"Reasonable" means fair, proper, just, or prudent under the
circumstances.
"Servicer" means any entity chartered under the Illinois
Banking Act, the Savings Bank Act, the Illinois Credit Union
Act, or the Illinois Savings and Loan Act of 1985 and any
person or entity licensed under the Residential Mortgage
License Act of 1987, the Consumer Installment Loan Act, or the
Sales Finance Agency Act who is responsible for the collection
or remittance for, or has the right or obligation to collect or
remit for, any lender, note owner, or note holder or for a
licensee's own account, of payments, interest, principal, and
trust items (such as hazard insurance and taxes on a
residential mortgage loan) in accordance with the terms of the
residential mortgage loan, including loan payment follow-up,
delinquency loan follow-up, loan analysis, and any
notifications to the borrower that are necessary to enable the
borrower to keep the loan current and in good standing.
"Total loan amount" has the same meaning as that term is
given in 12 CFR 226.32 and shall be calculated in accordance
with the Federal Reserve Board's Official Staff Commentary to
that regulation.
(Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15;
99-642, eff. 7-28-16; revised 10-27-16.)
Section 785. The Illinois Loan Brokers Act of 1995 is
amended by changing Section 15-80 as follows:
(815 ILCS 175/15-80)
Sec. 15-80. Persons exempt from registration and other
duties; burden of proof thereof.
(a) The following persons are exempt from the requirements
of Sections 15-10, 15-15, 15-20, 15-25, 15-30, 15-35, 15-40,
and 15-75 of this Act:
(1) Any attorney while engaging in the practice of law.
(2) Any certified public accountant licensed to
practice in Illinois, while engaged in practice as a
certified public accountant and whose service in relation
to procurement of a loan is incidental to his or her
practice.
(3) Any person licensed to engage in business as a real
estate broker or salesperson in Illinois while rendering
services in the ordinary course of a transaction in which a
license as a real estate broker or salesperson is required.
(4) Any dealer, salesperson or investment adviser
registered under the Illinois Securities Law of 1953, or an
investment advisor, representative, or any person who is
regularly engaged in the business of offering or selling
securities in a transaction exempted under subsection C, H,
M, R, Q, or S of Section 4 of the Illinois Securities Law
of 1953 or subsection G of Section 4 of the Illinois
Securities Law of 1953 provided that such person is
registered under the federal securities law.
(4.1) An associated person described in subdivision
(h)(2) of Section 15 of the Federal 1934 Act.
(4.2) An investment adviser registered pursuant to
Section 203 of the Federal 1940 Investment Advisers
Advisors Act.
(4.3) A person described in subdivision (a)(11) of
Section 202 of the Federal 1940 Investment Advisers
Advisors Act.
(5) Any person whose fee is wholly contingent on the
successful procurement of a loan from a third party and to
whom no fee, other than a bona fide third party fee, is
paid before the procurement.
(6) Any person who is a creditor, or proposed to be a
creditor, for any loan.
(7) (Blank).
(8) Any person regulated by the Department of Financial
Institutions or the Office of Banks and Real Estate, or any
insurance producer or company authorized to do business in
this State.
(b) As used in this Section, "bona fide third party fee"
includes fees for:
(1) Credit reports, appraisals and investigations.
(2) If the loan is to be secured by real property,
title examinations, an abstract of title, title insurance,
a property survey and similar purposes.
(c) As used in this Section, "successful procurement of a
loan" means that a binding commitment from a creditor to
advance money has been received and accepted by the borrower.
(d) The burden of proof of any exemption provided in this
Act shall be on the party claiming the exemption.
(Source: P.A. 90-70, eff. 7-8-97; 91-435, eff. 8-6-99; revised
9-15-16.)
Section 790. The Illinois Business Brokers Act of 1995 is
amended by changing Section 10-80 as follows:
(815 ILCS 307/10-80)
Sec. 10-80. Persons exempt from registration and other
duties under law; burden of proof thereof.
(a) The following persons are exempt from the requirements
of this Act:
(1) Any attorney who is licensed to practice in this
State, while engaged in the practice of law and whose
service in relation to the business broker transaction is
incidental to the attorney's practice.
(2) Any person licensed as a real estate broker or
salesperson under the Illinois Real Estate License Act of
2000 who is primarily engaged in business activities for
which a license is required under that Act and who, on an
incidental basis, acts as a business broker.
(3) Any dealer, salesperson, or investment adviser
registered pursuant to the Illinois Securities Law of 1953
or any investment adviser representative, or any person who
is regularly engaged in the business of offering or selling
securities in a transaction exempted under subsection C, H,
M, R, Q, or S of Section 4 of the Illinois Securities Law
of 1953 or subsection G of Section 4 of the Illinois
Securities Law of 1953 provided that such person is
registered pursuant to federal securities law.
(4) An associated person described in subdivision
(h)(2) of Section 15 of the Federal 1934 Act.
(5) An investment adviser registered pursuant to
Section 203 of the Federal 1940 Investment Advisers
Advisors Act.
(6) A person described in subdivision (a)(11) of
Section 202 of the Federal 1940 Investment Advisers
Advisors Act.
(7) Any person who is selling a business owned or
operated (in whole or in part) by that person in a one time
transaction.
(b) This Act shall not be deemed to apply in any manner,
directly or indirectly, to: (i) a State bank or national bank,
as those terms are defined in the Illinois Banking Act, or any
subsidiary of a State bank or national bank; (ii) a bank
holding company, as that term is defined in the Illinois Bank
Holding Company Act of 1957, or any subsidiary of a bank
holding company; (iii) a foreign banking corporation, as that
term is defined in the Foreign Banking Office Act, or any
subsidiary of a foreign banking corporation; (iv) a
representative office, as that term is defined in the Foreign
Bank Representative Office Act; (v) a corporate fiduciary, as
that term is defined in the Corporate Fiduciary Act, or any
subsidiary of a corporate fiduciary; (vi) a savings bank
organized under the Savings Bank Act, or a federal savings bank
organized under federal law, or any subsidiary of a savings
bank or federal savings bank; (vii) a savings bank holding
company organized under the Savings Bank Act, or any subsidiary
of a savings bank holding company; (viii) an association or
federal association, as those terms are defined in the Illinois
Savings and Loan Act of 1985, or any subsidiary of an
association or federal association; (ix) a foreign savings and
loan association or foreign savings bank subject to the
Illinois Savings and Loan Act of 1985, or any subsidiary of a
foreign savings and loan association or foreign savings bank;
or (x) a savings and loan association holding company, as that
term is defined in the Illinois Savings and Loan Act of 1985,
or any subsidiary of a savings and loan association holding
company.
(b-1) Any franchise seller as defined in the Federal Trade
Commission rule entitled Disclosure Requirements and
Prohibitions Concerning Franchising, 16 C.F.R. Part 436, as it
may be amended, is exempt from the requirements of this Act.
(b-2) Any certified public accountant licensed to practice
in Illinois, while engaged in the practice as a certified
public accountant and whose service in relation to the business
broker transaction is incidental to his or her practice, is
exempt from the requirements of this Act.
(b-3) Any publisher, or regular employee of such publisher,
of a bona fide newspaper or news magazine of regular and
established paid circulation who, in the routine course of
selling advertising, advertises businesses for sale and in
which no other related services are provided is exempt from the
requirements of this Act.
(c) The burden of proof of any exemption or classification
provided in this Act shall be on the party claiming the
exemption or classification.
(Source: P.A. 96-648, eff. 10-1-09; revised 9-15-16.)
Section 800. The Personal Information Protection Act is
amended by changing Section 10 as follows:
(815 ILCS 530/10)
Sec. 10. Notice of breach.
(a) Any data collector that owns or licenses personal
information concerning an Illinois resident shall notify the
resident at no charge that there has been a breach of the
security of the system data following discovery or notification
of the breach. The disclosure notification shall be made in the
most expedient time possible and without unreasonable delay,
consistent with any measures necessary to determine the scope
of the breach and restore the reasonable integrity, security,
and confidentiality of the data system. The disclosure
notification to an Illinois resident shall include, but need
not be limited to, information as follows:
(1) With respect to personal information as defined in
Section 5 in paragraph (1) of the definition of "personal
information":
(A) the toll-free numbers and addresses for
consumer reporting agencies;
(B) the toll-free number, address, and website
address for the Federal Trade Commission; and
(C) a statement that the individual can obtain
information from these sources about fraud alerts and
security freezes.
The notification shall not, however, include
information concerning the number of Illinois residents
affected by the breach.
(2) With respect to personal information defined in
Section 5 in paragraph (2) of the definition of "personal
information", notice may be provided in electronic or other
form directing the Illinois resident whose personal
information has been breached to promptly change his or her
user name or password and security question or answer, as
applicable, or to take other steps appropriate to protect
all online accounts for which the resident uses the same
user name or email address and password or security
question and answer.
The notification shall not, however, include information
concerning the number of Illinois residents affected by the
breach.
(b) Any data collector that maintains or stores, but does
not own or license, computerized data that includes personal
information that the data collector does not own or license
shall notify the owner or licensee of the information of any
breach of the security of the data immediately following
discovery, if the personal information was, or is reasonably
believed to have been, acquired by an unauthorized person. In
addition to providing such notification to the owner or
licensee, the data collector shall cooperate with the owner or
licensee in matters relating to the breach. That cooperation
shall include, but need not be limited to, (i) informing the
owner or licensee of the breach, including giving notice of the
date or approximate date of the breach and the nature of the
breach, and (ii) informing the owner or licensee of any steps
the data collector has taken or plans to take relating to the
breach. The data collector's cooperation shall not, however, be
deemed to require either the disclosure of confidential
business information or trade secrets or the notification of an
Illinois resident who may have been affected by the breach.
(b-5) The notification to an Illinois resident required by
subsection (a) of this Section may be delayed if an appropriate
law enforcement agency determines that notification will
interfere with a criminal investigation and provides the data
collector with a written request for the delay. However, the
data collector must notify the Illinois resident as soon as
notification will no longer interfere with the investigation.
(c) For purposes of this Section, notice to consumers may
be provided by one of the following methods:
(1) written notice;
(2) electronic notice, if the notice provided is
consistent with the provisions regarding electronic
records and signatures for notices legally required to be
in writing as set forth in Section 7001 of Title 15 of the
United States Code; or
(3) substitute notice, if the data collector
demonstrates that the cost of providing notice would exceed
$250,000 or that the affected class of subject persons to
be notified exceeds 500,000, or the data collector does not
have sufficient contact information. Substitute notice
shall consist of all of the following: (i) email notice if
the data collector has an email address for the subject
persons; (ii) conspicuous posting of the notice on the data
collector's web site page if the data collector maintains
one; and (iii) notification to major statewide media or, if
the breach impacts residents in one geographic area, to
prominent local media in areas where affected individuals
are likely to reside if such notice is reasonably
calculated to give actual notice to persons whom notice is
required.
(d) Notwithstanding any other subsection in this Section, a
data collector that maintains its own notification procedures
as part of an information security policy for the treatment of
personal information and is otherwise consistent with the
timing requirements of this Act, shall be deemed in compliance
with the notification requirements of this Section if the data
collector notifies subject persons in accordance with its
policies in the event of a breach of the security of the system
data.
(Source: P.A. 99-503, eff. 1-1-17; revised 9-15-16.)
Section 805. The Business Opportunity Sales Law of 1995 is
amended by changing Section 5-15 as follows:
(815 ILCS 602/5-15)
Sec. 5-15. Denial or revocation of exemptions.
(a) The Secretary of State may by order deny or revoke any
exemption specified in Section 5-10 of this Law with respect to
a particular offering of one or more business opportunities. No
such order may be entered without appropriate prior notice to
all interested parties, opportunity for hearing, and written
findings of fact and conclusions of law.
(b) If the public interest or the protection of purchasers
so requires, the Secretary of State may by summary order deny
or revoke any of the specified exemptions pending final
determination of any proceedings under this Section. Upon the
entry of the order, the Secretary of State shall promptly
notify all interested parties that it has been entered and of
the reasons therefor and that the matter will be set for
hearing upon written request filed with the Secretary of State
within 30 days after the receipt of the request by the
respondent. If no hearing is requested and none is ordered by
the Secretary of State, the order will remain in effect until
it is modified or vacated by the Secretary of State. If a
hearing is requested and none is ordered by the Secretary of
State, the order will remain in effect until it is modified or
vacated by the Secretary of State. If a hearing is requested or
ordered, the Secretary of State, after notice of an opportunity
for hearing to all interested persons, may modify or vacate the
order or extend it until final determination.
(c) No order under this Section may operate retroactively.
(d) No person may be considered to have violated Section
5-25 by reason of any offer or sale effected after the entry of
an order under paragraph (1) of Section 5-65 of this Law if he
or she sustains the burden of proof that he or she did not
know, and in the exercise of reasonable care could not have
known, of the order.
(e) Notwithstanding any provision to the contrary, this Law
shall not apply to (i) any dealer, salesperson, or investment
adviser registered under the Illinois Securities Law of 1953 or
any investment adviser representative, or any person who is
regularly engaged in the business of offering or selling
securities in a transaction exempted under subsection C, H, M,
R, Q, or S of Section 4 of the Illinois Securities Law of 1953
or subsection G of Section 4 of the Illinois Securities Law of
1953 provided that such person is registered under the federal
securities law, (ii) an associated person described in
subdivision (h)(2) of Section 15 of the Federal 1934 Act, (iii)
an investment adviser registered under Section 203 of the
Federal 1940 Investment Advisers Advisors Act, or (iv) a person
described in subdivision (a)(11) of Section 202 of the Federal
1940 Investment Advisers Advisors Act.
(f) This Law shall not be deemed to apply in any manner,
directly or indirectly, to: (i) a State bank or national bank,
as those terms are defined in the Illinois Banking Act, or any
subsidiary of a State bank or national bank; (ii) a bank
holding company, as that term is defined in the Illinois Bank
Holding Company Act of 1957, or any subsidiary of a bank
holding company; (iii) a foreign banking corporation, as that
term is defined in the Foreign Banking Office Act, or any
subsidiary of a foreign banking corporation; (iv) a
representative office, as that term is defined in the Foreign
Bank Representative Office Act, (v) a corporate fiduciary, as
that term is defined in the Corporate Fiduciary Act, or any
subsidiary of a corporate fiduciary; (vi) a savings bank
organized under the Savings Bank Act, or a federal savings bank
organized under federal law, or any subsidiary of a savings
bank or federal savings bank; (vii) a savings bank holding
company organized under the Savings Bank Act, or any subsidiary
of a savings bank holding company; (viii) an association or
federal association, as those terms are defined in the Illinois
Savings and Loan Act of 1985, or any subsidiary of an
association or federal association; (ix) a foreign savings and
loan association or foreign savings bank subject to the
Illinois Savings and Loan Act of 1985, or any subsidiary of a
foreign savings and loan association or foreign savings bank;
or (x) a savings and loan association holding company, as that
term is defined in the Illinois Savings and Loan Act of 1985,
or any subsidiary of a savings and loan association holding
company.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97; revised
9-15-16.)
Section 810. The Contractor Prompt Payment Act is amended
by changing Section 10 as follows:
(815 ILCS 603/10)
Sec. 10. Construction contracts. All construction
contracts shall be deemed to provide the following:
(1) If a contractor has performed in accordance with
the provisions of a construction contract and the payment
application has been approved by the owner or the owner's
agent, the owner shall pay the amount due to the contractor
pursuant to the payment application not more than 15
calendar days after the approval. The payment application
shall be deemed approved 25 days after the owner receives
it unless the owner provides, before the end of the 25-day
period, a written statement of the amount withheld and the
reason for withholding payment. If the owner finds that a
portion of the work is not in accordance with the contract,
payment may be withheld for the reasonable value of that
portion only. Payment shall be made for any portion of the
contract for which the work has been performed in
accordance with the provisions of the contract.
Instructions or notification from an owner to his or her
lender or architect to process or pay a payment application
does not constitute approval of the payment application
under this Act.
(2) If a subcontractor has performed in accordance with
the provisions of his or her contract with the contractor
or subcontractor and the work has been accepted by the
owner, the owner's agent, or the contractor, the contractor
shall pay to his or her subcontractor and the subcontractor
shall pay to his or her subcontractor, within 15 calendar
days of the contractor's receipt from the owner or the
subcontractor's receipt from the contractor of each
periodic payment, final payment, or receipt of retainage
monies, the full amount received for the work of the
subcontractor based on the work completed or the services
rendered under the construction contract.
(Source: P.A. 95-567, eff. 8-31-07; revised 9-15-16.)
Section 815. The Motor Vehicle Franchise Act is amended by
changing Section 4 as follows:
(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
Sec. 4. Unfair competition and practices.
(a) The unfair methods of competition and unfair and
deceptive acts or practices listed in this Section are hereby
declared to be unlawful. In construing the provisions of this
Section, the courts may be guided by the interpretations of the
Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from
time to time amended.
(b) It shall be deemed a violation for any manufacturer,
factory branch, factory representative, distributor or
wholesaler, distributor branch, distributor representative or
motor vehicle dealer to engage in any action with respect to a
franchise which is arbitrary, in bad faith or unconscionable
and which causes damage to any of the parties or to the public.
(c) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, a
factory branch or division, or a wholesale branch or division,
or officer, agent or other representative thereof, to coerce,
or attempt to coerce, any motor vehicle dealer:
(1) to accept, buy or order any motor vehicle or
vehicles, appliances, equipment, parts or accessories
therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not
voluntarily ordered or requested except items required by
applicable local, state or federal law; or to require a
motor vehicle dealer to accept, buy, order or purchase such
items in order to obtain any motor vehicle or vehicles or
any other commodity or commodities which have been ordered
or requested by such motor vehicle dealer;
(2) to order or accept delivery of any motor vehicle
with special features, appliances, accessories or
equipment not included in the list price of the motor
vehicles as publicly advertised by the manufacturer
thereof, except items required by applicable law; or
(3) to order for anyone any parts, accessories,
equipment, machinery, tools, appliances or any commodity
whatsoever, except items required by applicable law.
(d) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, or
officer, agent or other representative thereof:
(1) to adopt, change, establish or implement a plan or
system for the allocation and distribution of new motor
vehicles to motor vehicle dealers which is arbitrary or
capricious or to modify an existing plan so as to cause the
same to be arbitrary or capricious;
(2) to fail or refuse to advise or disclose to any
motor vehicle dealer having a franchise or selling
agreement, upon written request therefor, the basis upon
which new motor vehicles of the same line make are
allocated or distributed to motor vehicle dealers in the
State and the basis upon which the current allocation or
distribution is being made or will be made to such motor
vehicle dealer;
(3) to refuse to deliver in reasonable quantities and
within a reasonable time after receipt of dealer's order,
to any motor vehicle dealer having a franchise or selling
agreement for the retail sale of new motor vehicles sold or
distributed by such manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division
or wholesale branch or division, any such motor vehicles as
are covered by such franchise or selling agreement
specifically publicly advertised in the State by such
manufacturer, distributor, wholesaler, distributor branch
or division, factory branch or division, or wholesale
branch or division to be available for immediate delivery.
However, the failure to deliver any motor vehicle shall not
be considered a violation of this Act if such failure is
due to an act of God, a work stoppage or delay due to a
strike or labor difficulty, a shortage of materials, a lack
of manufacturing capacity, a freight embargo or other cause
over which the manufacturer, distributor, or wholesaler,
or any agent thereof has no control;
(4) to coerce, or attempt to coerce, any motor vehicle
dealer to enter into any agreement with such manufacturer,
distributor, wholesaler, distributor branch or division,
factory branch or division, or wholesale branch or
division, or officer, agent or other representative
thereof, or to do any other act prejudicial to the dealer
by threatening to reduce his allocation of motor vehicles
or cancel any franchise or any selling agreement existing
between such manufacturer, distributor, wholesaler,
distributor branch or division, or factory branch or
division, or wholesale branch or division, and the dealer.
However, notice in good faith to any motor vehicle dealer
of the dealer's violation of any terms or provisions of
such franchise or selling agreement or of any law or
regulation applicable to the conduct of a motor vehicle
dealer shall not constitute a violation of this Act;
(5) to require a franchisee to participate in an
advertising campaign or contest or any promotional
campaign, or to purchase or lease any promotional
materials, training materials, show room or other display
decorations or materials at the expense of the franchisee;
(6) to cancel or terminate the franchise or selling
agreement of a motor vehicle dealer without good cause and
without giving notice as hereinafter provided; to fail or
refuse to extend the franchise or selling agreement of a
motor vehicle dealer upon its expiration without good cause
and without giving notice as hereinafter provided; or, to
offer a renewal, replacement or succeeding franchise or
selling agreement containing terms and provisions the
effect of which is to substantially change or modify the
sales and service obligations or capital requirements of
the motor vehicle dealer arbitrarily and without good cause
and without giving notice as hereinafter provided
notwithstanding any term or provision of a franchise or
selling agreement.
(A) If a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or
division or wholesale branch or division intends to
cancel or terminate a franchise or selling agreement or
intends not to extend or renew a franchise or selling
agreement on its expiration, it shall send a letter by
certified mail, return receipt requested, to the
affected franchisee at least 60 days before the
effective date of the proposed action, or not later
than 10 days before the proposed action when the reason
for the action is based upon either of the following:
(i) the business operations of the franchisee
have been abandoned or the franchisee has failed to
conduct customary sales and service operations
during customary business hours for at least 7
consecutive business days unless such closing is
due to an act of God, strike or labor difficulty or
other cause over which the franchisee has no
control; or
(ii) the conviction of or plea of nolo
contendere by the motor vehicle dealer or any
operator thereof in a court of competent
jurisdiction to an offense punishable by
imprisonment for more than two years.
Each notice of proposed action shall include a
detailed statement setting forth the specific grounds
for the proposed cancellation, termination, or refusal
to extend or renew and shall state that the dealer has
only 30 days from receipt of the notice to file with
the Motor Vehicle Review Board a written protest
against the proposed action.
(B) If a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or
division or wholesale branch or division intends to
change substantially or modify the sales and service
obligations or capital requirements of a motor vehicle
dealer as a condition to extending or renewing the
existing franchise or selling agreement of such motor
vehicle dealer, it shall send a letter by certified
mail, return receipt requested, to the affected
franchisee at least 60 days before the date of
expiration of the franchise or selling agreement. Each
notice of proposed action shall include a detailed
statement setting forth the specific grounds for the
proposed action and shall state that the dealer has
only 30 days from receipt of the notice to file with
the Motor Vehicle Review Board a written protest
against the proposed action.
(C) Within 30 days from receipt of the notice under
subparagraphs (A) and (B), the franchisee may file with
the Board a written protest against the proposed
action.
When the protest has been timely filed, the Board
shall enter an order, fixing a date (within 60 days of
the date of the order), time, and place of a hearing on
the protest required under Sections 12 and 29 of this
Act, and send by certified mail, return receipt
requested, a copy of the order to the manufacturer that
filed the notice of intention of the proposed action
and to the protesting dealer or franchisee.
The manufacturer shall have the burden of proof to
establish that good cause exists to cancel or
terminate, or fail to extend or renew the franchise or
selling agreement of a motor vehicle dealer or
franchisee, and to change substantially or modify the
sales and service obligations or capital requirements
of a motor vehicle dealer as a condition to extending
or renewing the existing franchise or selling
agreement. The determination whether good cause exists
to cancel, terminate, or refuse to renew or extend the
franchise or selling agreement, or to change or modify
the obligations of the dealer as a condition to offer
renewal, replacement, or succession shall be made by
the Board under subsection (d) of Section 12 of this
Act.
(D) Notwithstanding the terms, conditions, or
provisions of a franchise or selling agreement, the
following shall not constitute good cause for
cancelling or terminating or failing to extend or renew
the franchise or selling agreement: (i) the change of
ownership or executive management of the franchisee's
dealership; or (ii) the fact that the franchisee or
owner of an interest in the franchise owns, has an
investment in, participates in the management of, or
holds a license for the sale of the same or any other
line make of new motor vehicles.
(E) The manufacturer may not cancel or terminate,
or fail to extend or renew a franchise or selling
agreement or change or modify the obligations of the
franchisee as a condition to offering a renewal,
replacement, or succeeding franchise or selling
agreement before the hearing process is concluded as
prescribed by this Act, and thereafter, if the Board
determines that the manufacturer has failed to meet its
burden of proof and that good cause does not exist to
allow the proposed action;
(7) notwithstanding the terms of any franchise
agreement, to fail to indemnify and hold harmless its
franchised dealers against any judgment or settlement for
damages, including, but not limited to, court costs, expert
witness fees, reasonable attorneys' fees of the new motor
vehicle dealer, and other expenses incurred in the
litigation, so long as such fees and costs are reasonable,
arising out of complaints, claims or lawsuits including,
but not limited to, strict liability, negligence,
misrepresentation, warranty (express or implied), or
rescission recision of the sale as defined in Section 2-608
of the Uniform Commercial Code, to the extent that the
judgment or settlement relates to the alleged defective or
negligent manufacture, assembly or design of new motor
vehicles, parts or accessories or other functions by the
manufacturer, beyond the control of the dealer; provided
that, in order to provide an adequate defense, the
manufacturer receives notice of the filing of a complaint,
claim, or lawsuit within 60 days after the filing;
(8) to require or otherwise coerce a motor vehicle
dealer to underutilize the motor vehicle dealer's
facilities by requiring or otherwise coercing the motor
vehicle dealer to exclude or remove from the motor vehicle
dealer's facilities operations for selling or servicing of
any vehicles for which the motor vehicle dealer has a
franchise agreement with another manufacturer,
distributor, wholesaler, distribution branch or division,
or officer, agent, or other representative thereof;
provided, however, that, in light of all existing
circumstances, (i) the motor vehicle dealer maintains a
reasonable line of credit for each make or line of new
motor vehicle, (ii) the new motor vehicle dealer remains in
compliance with any reasonable facilities requirements of
the manufacturer, (iii) no change is made in the principal
management of the new motor vehicle dealer, and (iv) the
addition of the make or line of new motor vehicles would be
reasonable. The reasonable facilities requirement set
forth in item (ii) of subsection (d)(8) shall not include
any requirement that a franchisee establish or maintain
exclusive facilities, personnel, or display space. Any
decision by a motor vehicle dealer to sell additional makes
or lines at the motor vehicle dealer's facility shall be
presumed to be reasonable, and the manufacturer shall have
the burden to overcome that presumption. A motor vehicle
dealer must provide a written notification of its intent to
add a make or line of new motor vehicles to the
manufacturer. If the manufacturer does not respond to the
motor vehicle dealer, in writing, objecting to the addition
of the make or line within 60 days after the date that the
motor vehicle dealer sends the written notification, then
the manufacturer shall be deemed to have approved the
addition of the make or line; or
(9) to use or consider the performance of a motor
vehicle dealer relating to the sale of the manufacturer's,
distributor's, or wholesaler's vehicles or the motor
vehicle dealer's ability to satisfy any minimum sales or
market share quota or responsibility relating to the sale
of the manufacturer's, distributor's, or wholesaler's new
vehicles in determining:
(A) the motor vehicle dealer's eligibility to
purchase program, certified, or other used motor
vehicles from the manufacturer, distributor, or
wholesaler;
(B) the volume, type, or model of program,
certified, or other used motor vehicles that a motor
vehicle dealer is eligible to purchase from the
manufacturer, distributor, or wholesaler;
(C) the price of any program, certified, or other
used motor vehicle that the dealer is eligible to
purchase from the manufacturer, distributor, or
wholesaler; or
(D) the availability or amount of any discount,
credit, rebate, or sales incentive that the dealer is
eligible to receive from the manufacturer,
distributor, or wholesaler for the purchase of any
program, certified, or other used motor vehicle
offered for sale by the manufacturer, distributor, or
wholesaler.
(e) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division or
officer, agent or other representative thereof:
(1) to resort to or use any false or misleading
advertisement in connection with his business as such
manufacturer, distributor, wholesaler, distributor branch
or division or officer, agent or other representative
thereof;
(2) to offer to sell or lease, or to sell or lease, any
new motor vehicle to any motor vehicle dealer at a lower
actual price therefor than the actual price offered to any
other motor vehicle dealer for the same model vehicle
similarly equipped or to utilize any device including, but
not limited to, sales promotion plans or programs which
result in such lesser actual price or fail to make
available to any motor vehicle dealer any preferential
pricing, incentive, rebate, finance rate, or low interest
loan program offered to competing motor vehicle dealers in
other contiguous states. However, the provisions of this
paragraph shall not apply to sales to a motor vehicle
dealer for resale to any unit of the United States
Government, the State or any of its political subdivisions;
(3) to offer to sell or lease, or to sell or lease, any
new motor vehicle to any person, except a wholesaler,
distributor or manufacturer's employees at a lower actual
price therefor than the actual price offered and charged to
a motor vehicle dealer for the same model vehicle similarly
equipped or to utilize any device which results in such
lesser actual price. However, the provisions of this
paragraph shall not apply to sales to a motor vehicle
dealer for resale to any unit of the United States
Government, the State or any of its political subdivisions;
(4) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer or franchisee from
changing the executive management control of the motor
vehicle dealer or franchisee unless the franchiser, having
the burden of proof, proves that such change of executive
management will result in executive management control by a
person or persons who are not of good moral character or
who do not meet the franchiser's existing and, with
consideration given to the volume of sales and service of
the dealership, uniformly applied minimum business
experience standards in the market area. However where the
manufacturer rejects a proposed change in executive
management control, the manufacturer shall give written
notice of his reasons to the dealer within 60 days of
notice to the manufacturer by the dealer of the proposed
change. If the manufacturer does not send a letter to the
franchisee by certified mail, return receipt requested,
within 60 days from receipt by the manufacturer of the
proposed change, then the change of the executive
management control of the franchisee shall be deemed
accepted as proposed by the franchisee, and the
manufacturer shall give immediate effect to such change;
(5) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer from establishing or
changing the capital structure of his dealership or the
means by or through which he finances the operation
thereof; provided the dealer meets any reasonable capital
standards agreed to between the dealer and the
manufacturer, distributor or wholesaler, who may require
that the sources, method and manner by which the dealer
finances or intends to finance its operation, equipment or
facilities be fully disclosed;
(6) to refuse to give effect to or prevent or attempt
to prevent by contract or otherwise any motor vehicle
dealer or any officer, partner or stockholder of any motor
vehicle dealer from selling or transferring any part of the
interest of any of them to any other person or persons or
party or parties unless such sale or transfer is to a
transferee who would not otherwise qualify for a new motor
vehicle dealers license under the "The Illinois Vehicle
Code" or unless the franchiser, having the burden of proof,
proves that such sale or transfer is to a person or party
who is not of good moral character or does not meet the
franchiser's existing and reasonable capital standards
and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum
business experience standards in the market area. However,
nothing herein shall be construed to prevent a franchiser
from implementing affirmative action programs providing
business opportunities for minorities or from complying
with applicable federal, State or local law:
(A) If the manufacturer intends to refuse to
approve the sale or transfer of all or a part of the
interest, then it shall, within 60 days from receipt of
the completed application forms generally utilized by
a manufacturer to conduct its review and a copy of all
agreements regarding the proposed transfer, send a
letter by certified mail, return receipt requested,
advising the franchisee of any refusal to approve the
sale or transfer of all or part of the interest and
shall state that the dealer only has 30 days from the
receipt of the notice to file with the Motor Vehicle
Review Board a written protest against the proposed
action. The notice shall set forth specific criteria
used to evaluate the prospective transferee and the
grounds for refusing to approve the sale or transfer to
that transferee. Within 30 days from the franchisee's
receipt of the manufacturer's notice, the franchisee
may file with the Board a written protest against the
proposed action.
When a protest has been timely filed, the Board
shall enter an order, fixing the date (within 60 days
of the date of such order), time, and place of a
hearing on the protest, required under Sections 12 and
29 of this Act, and send by certified mail, return
receipt requested, a copy of the order to the
manufacturer that filed notice of intention of the
proposed action and to the protesting franchisee.
The manufacturer shall have the burden of proof to
establish that good cause exists to refuse to approve
the sale or transfer to the transferee. The
determination whether good cause exists to refuse to
approve the sale or transfer shall be made by the Board
under subdivisions (6)(B). The manufacturer shall not
refuse to approve the sale or transfer by a dealer or
an officer, partner, or stockholder of a franchise or
any part of the interest to any person or persons
before the hearing process is concluded as prescribed
by this Act, and thereafter if the Board determines
that the manufacturer has failed to meet its burden of
proof and that good cause does not exist to refuse to
approve the sale or transfer to the transferee.
(B) Good cause to refuse to approve such sale or
transfer under this Section is established when such
sale or transfer is to a transferee who would not
otherwise qualify for a new motor vehicle dealers
license under the "The Illinois Vehicle Code" or such
sale or transfer is to a person or party who is not of
good moral character or does not meet the franchiser's
existing and reasonable capital standards and, with
consideration given to the volume of sales and service
of the dealership, uniformly applied minimum business
experience standards in the market area.
(7) to obtain money, goods, services, anything of
value, or any other benefit from any other person with whom
the motor vehicle dealer does business, on account of or in
relation to the transactions between the dealer and the
other person as compensation, except for services actually
rendered, unless such benefit is promptly accounted for and
transmitted to the motor vehicle dealer;
(8) to grant an additional franchise in the relevant
market area of an existing franchise of the same line make
or to relocate an existing motor vehicle dealership within
or into a relevant market area of an existing franchise of
the same line make. However, if the manufacturer wishes to
grant such an additional franchise to an independent person
in a bona fide relationship in which such person is
prepared to make a significant investment subject to loss
in such a dealership, or if the manufacturer wishes to
relocate an existing motor vehicle dealership, then the
manufacturer shall send a letter by certified mail, return
receipt requested, to each existing dealer or dealers of
the same line make whose relevant market area includes the
proposed location of the additional or relocated franchise
at least 60 days before the manufacturer grants an
additional franchise or relocates an existing franchise of
the same line make within or into the relevant market area
of an existing franchisee of the same line make. Each
notice shall set forth the specific grounds for the
proposed grant of an additional or relocation of an
existing franchise and shall state that the dealer has only
30 days from the date of receipt of the notice to file with
the Motor Vehicle Review Board a written protest against
the proposed action. Unless the parties agree upon the
grant or establishment of the additional or relocated
franchise within 30 days from the date the notice was
received by the existing franchisee of the same line make
or any person entitled to receive such notice, the
franchisee or other person may file with the Board a
written protest against the grant or establishment of the
proposed additional or relocated franchise.
When a protest has been timely filed, the Board shall
enter an order fixing a date (within 60 days of the date of
the order), time, and place of a hearing on the protest,
required under Sections 12 and 29 of this Act, and send by
certified or registered mail, return receipt requested, a
copy of the order to the manufacturer that filed the notice
of intention to grant or establish the proposed additional
or relocated franchise and to the protesting dealer or
dealers of the same line make whose relevant market area
includes the proposed location of the additional or
relocated franchise.
When more than one protest is filed against the grant
or establishment of the additional or relocated franchise
of the same line make, the Board may consolidate the
hearings to expedite disposition of the matter. The
manufacturer shall have the burden of proof to establish
that good cause exists to allow the grant or establishment
of the additional or relocated franchise. The manufacturer
may not grant or establish the additional franchise or
relocate the existing franchise before the hearing process
is concluded as prescribed by this Act, and thereafter if
the Board determines that the manufacturer has failed to
meet its burden of proof and that good cause does not exist
to allow the grant or establishment of the additional
franchise or relocation of the existing franchise.
The determination whether good cause exists for
allowing the grant or establishment of an additional
franchise or relocated existing franchise, shall be made by
the Board under subsection (c) of Section 12 of this Act.
If the manufacturer seeks to enter into a contract,
agreement or other arrangement with any person,
establishing any additional motor vehicle dealership or
other facility, limited to the sale of factory repurchase
vehicles or late model vehicles, then the manufacturer
shall follow the notice procedures set forth in this
Section and the determination whether good cause exists for
allowing the proposed agreement shall be made by the Board
under subsection (c) of Section 12, with the manufacturer
having the burden of proof.
A. (Blank).
B. For the purposes of this Section, appointment of
a successor motor vehicle dealer at the same location
as its predecessor, or within 2 miles of such location,
or the relocation of an existing dealer or franchise
within 2 miles of the relocating dealer's or
franchisee's existing location, shall not be construed
as a grant, establishment or the entering into of an
additional franchise or selling agreement, or a
relocation of an existing franchise. The reopening of a
motor vehicle dealership that has not been in operation
for 18 months or more shall be deemed the grant of an
additional franchise or selling agreement.
C. This Section does not apply to the relocation of
an existing dealership or franchise in a county having
a population of more than 300,000 persons when the new
location is within the dealer's current relevant
market area, provided the new location is more than 7
miles from the nearest dealer of the same line make.
This Section does not apply to the relocation of an
existing dealership or franchise in a county having a
population of less than 300,000 persons when the new
location is within the dealer's current relevant
market area, provided the new location is more than 12
miles from the nearest dealer of the same line make. A
dealer that would be farther away from the new location
of an existing dealership or franchise of the same line
make after a relocation may not file a written protest
against the relocation with the Motor Vehicle Review
Board.
D. Nothing in this Section shall be construed to
prevent a franchiser from implementing affirmative
action programs providing business opportunities for
minorities or from complying with applicable federal,
State or local law;
(9) to require a motor vehicle dealer to assent to a
release, assignment, novation, waiver or estoppel which
would relieve any person from liability imposed by this
Act;
(10) to prevent or refuse to give effect to the
succession to the ownership or management control of a
dealership by any legatee under the will of a dealer or to
an heir under the laws of descent and distribution of this
State unless the franchisee has designated a successor to
the ownership or management control under the succession
provisions of the franchise. Unless the franchiser, having
the burden of proof, proves that the successor is a person
who is not of good moral character or does not meet the
franchiser's existing and reasonable capital standards
and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum
business experience standards in the market area, any
designated successor of a dealer or franchisee may succeed
to the ownership or management control of a dealership
under the existing franchise if:
(i) The designated successor gives the
franchiser written notice by certified mail,
return receipt requested, of his or her intention
to succeed to the ownership of the dealer within 60
days of the dealer's death or incapacity; and
(ii) The designated successor agrees to be
bound by all the terms and conditions of the
existing franchise.
Notwithstanding the foregoing, in the event the motor
vehicle dealer or franchisee and manufacturer have duly
executed an agreement concerning succession rights prior
to the dealer's death or incapacitation, the agreement
shall be observed.
(A) If the franchiser intends to refuse to honor
the successor to the ownership of a deceased or
incapacitated dealer or franchisee under an existing
franchise agreement, the franchiser shall send a
letter by certified mail, return receipt requested, to
the designated successor within 60 days from receipt of
a proposal advising of its intent to refuse to honor
the succession and to discontinue the existing
franchise agreement and shall state that the
designated successor only has 30 days from the receipt
of the notice to file with the Motor Vehicle Review
Board a written protest against the proposed action.
The notice shall set forth the specific grounds for the
refusal to honor the succession and discontinue the
existing franchise agreement.
If notice of refusal is not timely served upon the
designated successor, the franchise agreement shall
continue in effect subject to termination only as
otherwise permitted by paragraph (6) of subsection (d)
of Section 4 of this Act.
Within 30 days from the date the notice was
received by the designated successor or any other
person entitled to notice, the designee or other person
may file with the Board a written protest against the
proposed action.
When a protest has been timely filed, the Board
shall enter an order, fixing a date (within 60 days of
the date of the order), time, and place of a hearing on
the protest, required under Sections 12 and 29 of this
Act, and send by certified mail, return receipt
requested, a copy of the order to the franchiser that
filed the notice of intention of the proposed action
and to the protesting designee or such other person.
The manufacturer shall have the burden of proof to
establish that good cause exists to refuse to honor the
succession and discontinue the existing franchise
agreement. The determination whether good cause exists
to refuse to honor the succession shall be made by the
Board under subdivision (B) of this paragraph (10). The
manufacturer shall not refuse to honor the succession
or discontinue the existing franchise agreement before
the hearing process is concluded as prescribed by this
Act, and thereafter if the Board determines that it has
failed to meet its burden of proof and that good cause
does not exist to refuse to honor the succession and
discontinue the existing franchise agreement.
(B) No manufacturer shall impose any conditions
upon honoring the succession and continuing the
existing franchise agreement with the designated
successor other than that the franchisee has
designated a successor to the ownership or management
control under the succession provisions of the
franchise, or that the designated successor is of good
moral character or meets the reasonable capital
standards and, with consideration given to the volume
of sales and service of the dealership, uniformly
applied minimum business experience standards in the
market area;
(11) to prevent or refuse to approve a proposal to
establish a successor franchise at a location previously
approved by the franchiser when submitted with the
voluntary termination by the existing franchisee unless
the successor franchisee would not otherwise qualify for a
new motor vehicle dealer's license under the Illinois
Vehicle Code or unless the franchiser, having the burden of
proof, proves that such proposed successor is not of good
moral character or does not meet the franchiser's existing
and reasonable capital standards and, with consideration
given to the volume of sales and service of the dealership,
uniformly applied minimum business experience standards in
the market area. However, when such a rejection of a
proposal is made, the manufacturer shall give written
notice of its reasons to the franchisee within 60 days of
receipt by the manufacturer of the proposal. However,
nothing herein shall be construed to prevent a franchiser
from implementing affirmative action programs providing
business opportunities for minorities, or from complying
with applicable federal, State or local law;
(12) to prevent or refuse to grant a franchise to a
person because such person owns, has investment in or
participates in the management of or holds a franchise for
the sale of another make or line of motor vehicles within 7
miles of the proposed franchise location in a county having
a population of more than 300,000 persons, or within 12
miles of the proposed franchise location in a county having
a population of less than 300,000 persons; or
(13) to prevent or attempt to prevent any new motor
vehicle dealer from establishing any additional motor
vehicle dealership or other facility limited to the sale of
factory repurchase vehicles or late model vehicles or
otherwise offering for sale factory repurchase vehicles of
the same line make at an existing franchise by failing to
make available any contract, agreement or other
arrangement which is made available or otherwise offered to
any person.
(f) It is deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, a
factory branch or division, or a wholesale branch or division,
or officer, agent, broker, shareholder, except a shareholder of
1% or less of the outstanding shares of any class of securities
of a manufacturer, distributor, or wholesaler which is a
publicly traded corporation, or other representative, directly
or indirectly, to own or operate a place of business as a motor
vehicle franchisee or motor vehicle financing affiliate,
except that, this subsection shall not prohibit:
(1) the ownership or operation of a place of business
by a manufacturer, distributor, or wholesaler for a period,
not to exceed 18 months, during the transition from one
motor vehicle franchisee to another;
(2) the investment in a motor vehicle franchisee by a
manufacturer, distributor, or wholesaler if the investment
is for the sole purpose of enabling a partner or
shareholder in that motor vehicle franchisee to acquire an
interest in that motor vehicle franchisee and that partner
or shareholder is not otherwise employed by or associated
with the manufacturer, distributor, or wholesaler and
would not otherwise have the requisite capital investment
funds to invest in the motor vehicle franchisee, and has
the right to purchase the entire equity interest of the
manufacturer, distributor, or wholesaler in the motor
vehicle franchisee within a reasonable period of time not
to exceed 5 years; or
(3) the ownership or operation of a place of business
by a manufacturer that manufactures only diesel engines for
installation in trucks having a gross vehicle weight rating
of more than 16,000 pounds that are required to be
registered under the Illinois Vehicle Code, provided that:
(A) the manufacturer does not otherwise
manufacture, distribute, or sell motor vehicles as
defined under Section 1-217 of the Illinois Vehicle
Code;
(B) the manufacturer owned a place of business and
it was in operation as of January 1, 2016;
(C) the manufacturer complies with all obligations
owed to dealers that are not owned, operated, or
controlled by the manufacturer, including, but not
limited to those obligations arising pursuant to
Section 6;
(D) to further avoid any acts or practices, the
effect of which may be to lessen or eliminate
competition, the manufacturer provides to dealers on
substantially equal terms access to all support for
completing repairs, including, but not limited to,
parts and assemblies, training, and technical service
bulletins, and other information concerning repairs
that the manufacturer provides to facilities that are
owned, operated, or controlled by the manufacturer;
and
(E) the manufacturer does not require that
warranty repair work be performed by a
manufacturer-owned repair facility and the
manufacturer provides any dealer that has an agreement
with the manufacturer to sell and perform warranty
repairs on the manufacturer's engines the opportunity
to perform warranty repairs on those engines,
regardless of whether the dealer sold the truck into
which the engine was installed.
(g) Notwithstanding the terms, provisions, or conditions
of any agreement or waiver, it shall be deemed a violation for
a manufacturer, a distributor, a wholesaler, a distributor
branch or division, a factory branch or division, or a
wholesale branch or division, or officer, agent or other
representative thereof, to directly or indirectly condition
the awarding of a franchise to a prospective new motor vehicle
dealer, the addition of a line make or franchise to an existing
dealer, the renewal of a franchise of an existing dealer, the
approval of the relocation of an existing dealer's facility, or
the approval of the sale or transfer of the ownership of a
franchise on the willingness of a dealer, proposed new dealer,
or owner of an interest in the dealership facility to enter
into a site control agreement or exclusive use agreement unless
separate and reasonable consideration was offered and accepted
for that agreement.
For purposes of this subsection (g), the terms "site
control agreement" and "exclusive use agreement" include any
agreement that has the effect of either (i) requiring that the
dealer establish or maintain exclusive dealership facilities;
or (ii) restricting the ability of the dealer, or the ability
of the dealer's lessor in the event the dealership facility is
being leased, to transfer, sell, lease, or change the use of
the dealership premises, whether by sublease, lease,
collateral pledge of lease, or other similar agreement. "Site
control agreement" and "exclusive use agreement" also include a
manufacturer restricting the ability of a dealer to transfer,
sell, or lease the dealership premises by right of first
refusal to purchase or lease, option to purchase, or option to
lease if the transfer, sale, or lease of the dealership
premises is to a person who is an immediate family member of
the dealer. For the purposes of this subsection (g), "immediate
family member" means a spouse, parent, son, daughter,
son-in-law, daughter-in-law, brother, and sister.
If a manufacturer exercises any right of first refusal to
purchase or lease or option to purchase or lease with regard to
a transfer, sale, or lease of the dealership premises to a
person who is not an immediate family member of the dealer,
then (1) within 60 days from the receipt of the completed
application forms generally utilized by a manufacturer to
conduct its review and a copy of all agreements regarding the
proposed transfer, the manufacturer must notify the dealer of
its intent to exercise the right of first refusal to purchase
or lease or option to purchase or lease and (2) the exercise of
the right of first refusal to purchase or lease or option to
purchase or lease must result in the dealer receiving
consideration, terms, and conditions that either are the same
as or greater than that which they have contracted to receive
in connection with the proposed transfer, sale, or lease of the
dealership premises.
Any provision contained in any agreement entered into on or
after November 25, 2009 (the effective date of Public Act
96-824) this amendatory Act of the 96th General Assembly that
is inconsistent with the provisions of this subsection (g)
shall be voidable at the election of the affected dealer,
prospective dealer, or owner of an interest in the dealership
facility.
(h) For purposes of this subsection:
"Successor manufacturer" means any motor vehicle
manufacturer that, on or after January 1, 2009, acquires,
succeeds to, or assumes any part of the business of another
manufacturer, referred to as the "predecessor manufacturer",
as the result of any of the following:
(i) A change in ownership, operation, or control of the
predecessor manufacturer by sale or transfer of assets,
corporate stock or other equity interest, assignment,
merger, consolidation, combination, joint venture,
redemption, court-approved sale, operation of law or
otherwise.
(ii) The termination, suspension, or cessation of a
part or all of the business operations of the predecessor
manufacturer.
(iii) The discontinuance of the sale of the product
line.
(iv) A change in distribution system by the predecessor
manufacturer, whether through a change in distributor or
the predecessor manufacturer's decision to cease
conducting business through a distributor altogether.
"Former Franchisee" means a new motor vehicle dealer that
has entered into a franchise with a predecessor manufacturer
and that has either:
(i) entered into a termination agreement or deferred
termination agreement with a predecessor or successor
manufacturer related to such franchise; or
(ii) has had such franchise canceled, terminated,
nonrenewed, noncontinued, rejected, nonassumed, or
otherwise ended.
For a period of 3 years from: (i) the date that a successor
manufacturer acquires, succeeds to, or assumes any part of the
business of a predecessor manufacturer; (ii) the last day that
a former franchisee is authorized to remain in business as a
franchised dealer with respect to a particular franchise under
a termination agreement or deferred termination agreement with
a predecessor or successor manufacturer; (iii) the last day
that a former franchisee that was cancelled, terminated,
nonrenewed, noncontinued, rejected, nonassumed, or otherwise
ended by a predecessor or successor manufacturer is authorized
to remain in business as a franchised dealer with respect to a
particular franchise; or (iv) November 25, 2009 (the effective
date of Public Act 96-824) this amendatory Act of the 96th
General Assembly, whichever is latest, it shall be unlawful for
such successor manufacturer to enter into a same line make
franchise with any person or to permit the relocation of any
existing same line make franchise, for a line make of the
predecessor manufacturer that would be located or relocated
within the relevant market area of a former franchisee who
owned or leased a dealership facility in that relevant market
area without first offering the additional or relocated
franchise to the former franchisee, or the designated successor
of such former franchisee in the event the former franchisee is
deceased or a person with a disability, at no cost and without
any requirements or restrictions other than those imposed
generally on the manufacturer's other franchisees at that time,
unless one of the following applies:
(1) As a result of the former franchisee's
cancellation, termination, noncontinuance, or nonrenewal
of the franchise, the predecessor manufacturer had
consolidated the line make with another of its line makes
for which the predecessor manufacturer had a franchisee
with a then-existing dealership facility located within
that relevant market area.
(2) The successor manufacturer has paid the former
franchisee, or the designated successor of such former
franchisee in the event the former franchisee is deceased
or a person with a disability, the fair market value of the
former franchisee's franchise on (i) the date the
franchisor announces the action which results in the
termination, cancellation, or nonrenewal; or (ii) the date
the action which results in termination, cancellation, or
nonrenewal first became general knowledge; or (iii) the day
12 months prior to the date on which the notice of
termination, cancellation, or nonrenewal is issued,
whichever amount is higher. Payment is due within 90 days
of the effective date of the termination, cancellation, or
nonrenewal. If the termination, cancellation, or
nonrenewal is due to a manufacturer's change in
distributors, the manufacturer may avoid paying fair
market value to the dealer if the new distributor or the
manufacturer offers the dealer a franchise agreement with
terms acceptable to the dealer.
(3) The successor manufacturer proves that it would
have had good cause to terminate the franchise agreement of
the former franchisee, or the successor of the former
franchisee under item (e)(10) in the event that the former
franchisee is deceased or a person with a disability. The
determination of whether the successor manufacturer would
have had good cause to terminate the franchise agreement of
the former franchisee, or the successor of the former
franchisee, shall be made by the Board under subsection (d)
of Section 12. A successor manufacturer that seeks to
assert that it would have had good cause to terminate a
former franchisee, or the successor of the former
franchisee, must file a petition seeking a hearing on this
issue before the Board and shall have the burden of proving
that it would have had good cause to terminate the former
franchisee or the successor of the former franchisee. No
successor dealer, other than the former franchisee, may be
appointed or franchised by the successor manufacturer
within the relevant market area of the former franchisee
until the Board has held a hearing and rendered a
determination on the issue of whether the successor
manufacturer would have had good cause to terminate the
former franchisee.
In the event that a successor manufacturer attempts to
enter into a same line make franchise with any person or to
permit the relocation of any existing line make franchise under
this subsection (h) at a location that is within the relevant
market area of 2 or more former franchisees, then the successor
manufacturer may not offer it to any person other than one of
those former franchisees unless the successor manufacturer can
prove that at least one of the 3 exceptions in items (1), (2),
and (3) of this subsection (h) applies to each of those former
franchisees.
(Source: P.A. 99-143, eff. 7-27-15; 99-844, eff. 8-19-16;
revised 10-27-16.)
Section 820. The Earned Income Tax Credit Information Act
is amended by changing Section 5 as follows:
(820 ILCS 170/5) (from Ch. 48, par. 2755)
Sec. 5. Declaration of public policy. In order to alleviate
the tax burden of low-income persons in Illinois who have
earned income and support one or more dependent children, the
State should facilitate the furnishing of information to such
persons about the availability of the federal earned income tax
credit so that eligible taxpayers may claim that credit on
their federal income tax returns. It is the intent of this Act
to offer the most cost-effective assistance to eligible
taxpayers through notices provided by their employers and by
State government.
(Source: P.A. 87-598; revised 9-15-16.)
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance