HB4137 EngrossedLRB099 07987 AMC 28127 b
1 AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 2015 General
7Revisory Act.
8 (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4 (d) Public Acts 98-590 through 98-1173 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
9 Section 5. The Effective Date of Laws Act is amended by
10changing Section 6 as follows:
11 (5 ILCS 75/6) (from Ch. 1, par. 1206)
12 Sec. 6. As used in this Act, "Constitution" means the
13Constitution of the State of Illinois of 1970.
14(Source: P.A. 78-85; revised 11-25-14.)
15 Section 10. The Regulatory Sunset Act is amended by
16changing Section 4.27 as follows:
17 (5 ILCS 80/4.27)
18 Sec. 4.27. Acts repealed on January 1, 2017. The following
19are repealed on January 1, 2017:
20 The Illinois Optometric Practice Act of 1987.
21 The Clinical Psychologist Licensing Act.
22 The Boiler and Pressure Vessel Repairer Regulation Act.

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1 Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,
2XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
3(Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06;
494-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff.
58-21-07; 95-876, eff. 8-21-08; revised 11-25-14.)
6 Section 15. The Illinois Administrative Procedure Act is
7amended by changing Section 10-40 as follows:
8 (5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)
9 Sec. 10-40. Rules of evidence; official notice. In
10contested cases:
11 (a) Irrelevant, immaterial, or unduly repetitious evidence
12shall be excluded. The rules of evidence and privilege as
13applied in civil cases in the circuit courts of this State
14shall be followed. Evidence not admissible under those rules of
15evidence may be admitted, however, (except where precluded by
16statute) if it is of a type commonly relied upon by reasonably
17prudent men in the conduct of their affairs. Objections to
18evidentiary offers may be made and shall be noted in the
19record. Subject to these requirements, when a hearing will be
20expedited and the interests of the parties will not be
21prejudiced, any part of the evidence may be received in written
22form.
23 (b) Subject to the evidentiary requirements of subsection
24(a) of this Section, a party may conduct cross-examination

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1required for a full and fair disclosure of the facts.
2 (c) Notice may be taken of matters of which the circuit
3courts of this State may take judicial notice. In addition,
4notice may be taken of generally recognized technical or
5scientific facts within the agency's specialized knowledge.
6Parties shall be notified either before or during the hearing,
7or by reference in preliminary reports or otherwise, of the
8material noticed, including any staff memoranda or data, and
9they shall be afforded an opportunity to contest the material
10so noticed. The agency's experience, technical competence, and
11specialized knowledge may be utilized in the evaluation of the
12evidence.
13(Source: P.A. 87-823; revised 11-25-14.)
14 Section 20. The Open Meetings Act is amended by changing
15Section 2 as follows:
16 (5 ILCS 120/2) (from Ch. 102, par. 42)
17 Sec. 2. Open meetings.
18 (a) Openness required. All meetings of public bodies shall
19be open to the public unless excepted in subsection (c) and
20closed in accordance with Section 2a.
21 (b) Construction of exceptions. The exceptions contained
22in subsection (c) are in derogation of the requirement that
23public bodies meet in the open, and therefore, the exceptions
24are to be strictly construed, extending only to subjects

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

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

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

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

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

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1 eligible adult in which abuse or neglect is suspected,
2 alleged, or substantiated is conducted pursuant to Section
3 15 of the Adult Protective Services Act.
4 (31) Meetings and deliberations for decisions of the
5 Concealed Carry Licensing Review Board under the Firearm
6 Concealed Carry Act.
7 (32) Meetings between the Regional Transportation
8 Authority Board and its Service Boards when the discussion
9 involves review by the Regional Transportation Authority
10 Board of employment contracts under Section 28d of the
11 Metropolitan Transit Authority Act and Sections 3A.18 and
12 3B.26 of the Regional Transportation Authority Act.
13 (d) Definitions. For purposes of this Section:
14 "Employee" means a person employed by a public body whose
15relationship with the public body constitutes an
16employer-employee relationship under the usual common law
17rules, and who is not an independent contractor.
18 "Public office" means a position created by or under the
19Constitution or laws of this State, the occupant of which is
20charged with the exercise of some portion of the sovereign
21power of this State. The term "public office" shall include
22members of the public body, but it shall not include
23organizational positions filled by members thereof, whether
24established by law or by a public body itself, that exist to
25assist the body in the conduct of its business.
26 "Quasi-adjudicative body" means an administrative body

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1charged by law or ordinance with the responsibility to conduct
2hearings, receive evidence or testimony and make
3determinations based thereon, but does not include local
4electoral boards when such bodies are considering petition
5challenges.
6 (e) Final action. No final action may be taken at a closed
7meeting. Final action shall be preceded by a public recital of
8the nature of the matter being considered and other information
9that will inform the public of the business being conducted.
10(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
1197-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
128-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff.
137-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised
1410-1-14.)
15 Section 25. The Freedom of Information Act is amended by
16changing Sections 2 and 7.5 as follows:
17 (5 ILCS 140/2) (from Ch. 116, par. 202)
18 Sec. 2. Definitions. As used in this Act:
19 (a) "Public body" means all legislative, executive,
20administrative, or advisory bodies of the State, state
21universities and colleges, counties, townships, cities,
22villages, incorporated towns, school districts and all other
23municipal corporations, boards, bureaus, committees, or
24commissions of this State, any subsidiary bodies of any of the

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1foregoing including but not limited to committees and
2subcommittees thereof, and a School Finance Authority created
3under Article 1E of the School Code. "Public body" does not
4include a child death review team or the Illinois Child Death
5Review Teams Executive Council established under the Child
6Death Review Team Act, or a regional youth advisory board or
7the Statewide Youth Advisory Board established under the
8Department of Children and Family Services Statewide Youth
9Advisory Board Act.
10 (b) "Person" means any individual, corporation,
11partnership, firm, organization or association, acting
12individually or as a group.
13 (c) "Public records" means all records, reports, forms,
14writings, letters, memoranda, books, papers, maps,
15photographs, microfilms, cards, tapes, recordings, electronic
16data processing records, electronic communications, recorded
17information and all other documentary materials pertaining to
18the transaction of public business, regardless of physical form
19or characteristics, having been prepared by or for, or having
20been or being used by, received by, in the possession of, or
21under the control of any public body.
22 (c-5) "Private information" means unique identifiers,
23including a person's social security number, driver's license
24number, employee identification number, biometric identifiers,
25personal financial information, passwords or other access
26codes, medical records, home or personal telephone numbers, and

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1personal email addresses. Private information also includes
2home address and personal license plates, except as otherwise
3provided by law or when compiled without possibility of
4attribution to any person.
5 (c-10) "Commercial purpose" means the use of any part of a
6public record or records, or information derived from public
7records, in any form for sale, resale, or solicitation or
8advertisement for sales or services. For purposes of this
9definition, requests made by news media and non-profit,
10scientific, or academic organizations shall not be considered
11to be made for a "commercial purpose" when the principal
12purpose of the request is (i) to access and disseminate
13information concerning news and current or passing events, (ii)
14for articles of opinion or features of interest to the public,
15or (iii) for the purpose of academic, scientific, or public
16research or education.
17 (d) "Copying" means the reproduction of any public record
18by means of any photographic, electronic, mechanical or other
19process, device or means now known or hereafter developed and
20available to the public body.
21 (e) "Head of the public body" means the president, mayor,
22chairman, presiding officer, director, superintendent,
23manager, supervisor or individual otherwise holding primary
24executive and administrative authority for the public body, or
25such person's duly authorized designee.
26 (f) "News media" means a newspaper or other periodical

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1issued at regular intervals whether in print or electronic
2format, a news service whether in print or electronic format, a
3radio station, a television station, a television network, a
4community antenna television service, or a person or
5corporation engaged in making news reels or other motion
6picture news for public showing.
7 (g) "Recurrent requester", as used in Section 3.2 of this
8Act, means a person that, in the 12 months immediately
9preceding the request, has submitted to the same public body
10(i) a minimum of 50 requests for records, (ii) a minimum of 15
11requests for records within a 30-day period, or (iii) a minimum
12of 7 requests for records within a 7-day period. For purposes
13of this definition, requests made by news media and non-profit,
14scientific, or academic organizations shall not be considered
15in calculating the number of requests made in the time periods
16in this definition when the principal purpose of the requests
17is (i) to access and disseminate information concerning news
18and current or passing events, (ii) for articles of opinion or
19features of interest to the public, or (iii) for the purpose of
20academic, scientific, or public research or education.
21 For the purposes of this subsection (g), "request" means a
22written document (or oral request, if the public body chooses
23to honor oral requests) that is submitted to a public body via
24personal delivery, mail, telefax, electronic mail, or other
25means available to the public body and that identifies the
26particular public record the requester seeks. One request may

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1identify multiple records to be inspected or copied.
2 (h) "Voluminous request" means a request that: (i) includes
3more than 5 individual requests for more than 5 different
4categories of records or a combination of individual requests
5that total requests for more than 5 different categories of
6records in a period of 20 business days; or (ii) requires the
7compilation of more than 500 letter or legal-sized pages of
8public records unless a single requested record exceeds 500
9pages. "Single requested record" may include, but is not
10limited to, one report, form, e-mail, letter, memorandum, book,
11map, microfilm, tape, or recording.
12 "Voluminous request" does not include a request made by
13news media and non-profit, scientific, or academic
14organizations if the principal purpose of the request is: (1)
15to access and disseminate information concerning news and
16current or passing events; (2) for articles of opinion or
17features of interest to the public; or (3) for the purpose of
18academic, scientific, or public research or education.
19 For the purposes of this subsection (h), "request" means a
20written document, or oral request, if the public body chooses
21to honor oral requests, that is submitted to a public body via
22personal delivery, mail, telefax, electronic mail, or other
23means available to the public body and that identifies the
24particular public record or records the requester seeks. One
25request may identify multiple individual records to be
26inspected or copied.

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1(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15;
298-1129, eff. 12-3-14; revised 12-19-14.)
3 (5 ILCS 140/7.5)
4 Sec. 7.5. Statutory exemptions Exemptions. To the extent
5provided for by the statutes referenced below, the following
6shall be exempt from inspection and copying:
7 (a) All information determined to be confidential
8 under Section 4002 of the Technology Advancement and
9 Development Act.
10 (b) Library circulation and order records identifying
11 library users with specific materials under the Library
12 Records Confidentiality Act.
13 (c) Applications, related documents, and medical
14 records received by the Experimental Organ Transplantation
15 Procedures Board and any and all documents or other records
16 prepared by the Experimental Organ Transplantation
17 Procedures Board or its staff relating to applications it
18 has received.
19 (d) Information and records held by the Department of
20 Public Health and its authorized representatives relating
21 to known or suspected cases of sexually transmissible
22 disease or any information the disclosure of which is
23 restricted under the Illinois Sexually Transmissible
24 Disease Control Act.
25 (e) Information the disclosure of which is exempted

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1 under Section 30 of the Radon Industry Licensing Act.
2 (f) Firm performance evaluations under Section 55 of
3 the Architectural, Engineering, and Land Surveying
4 Qualifications Based Selection Act.
5 (g) Information the disclosure of which is restricted
6 and exempted under Section 50 of the Illinois Prepaid
7 Tuition Act.
8 (h) Information the disclosure of which is exempted
9 under the State Officials and Employees Ethics Act, and
10 records of any lawfully created State or local inspector
11 general's office that would be exempt if created or
12 obtained by an Executive Inspector General's office under
13 that Act.
14 (i) Information contained in a local emergency energy
15 plan submitted to a municipality in accordance with a local
16 emergency energy plan ordinance that is adopted under
17 Section 11-21.5-5 of the Illinois Municipal Code.
18 (j) Information and data concerning the distribution
19 of surcharge moneys collected and remitted by wireless
20 carriers under the Wireless Emergency Telephone Safety
21 Act.
22 (k) Law enforcement officer identification information
23 or driver identification information compiled by a law
24 enforcement agency or the Department of Transportation
25 under Section 11-212 of the Illinois Vehicle Code.
26 (l) Records and information provided to a residential

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

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

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1 Firearm Concealed Carry Act, records of the Concealed Carry
2 Licensing Review Board under the Firearm Concealed Carry
3 Act, and law enforcement agency objections under the
4 Firearm Concealed Carry Act.
5 (w) Personally identifiable information which is
6 exempted from disclosure under subsection (g) of Section
7 19.1 of the Toll Highway Act.
8 (x) Information which is exempted from disclosure
9 under Section 5-1014.3 of the Counties Code or Section
10 8-11-21 of the Illinois Municipal Code.
11 (y) Confidential information under the Adult
12 Protective Services Act and its predecessor enabling
13 statute, the Elder Abuse and Neglect Act, including
14 information about the identity and administrative finding
15 against any caregiver of a verified and substantiated
16 decision of abuse, neglect, or financial exploitation of an
17 eligible adult maintained in the Registry established
18 under Section 7.5 of the Adult Protective Services Act.
19 (z) Records and information provided to a fatality
20 review team or the Illinois Fatality Review Team Advisory
21 Council under Section 15 of the Adult Protective Services
22 Act.
23 (aa) Information which is exempted from disclosure
24 under Section 2.37 of the Wildlife Code.
25(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
26eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

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1eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
2eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
3 Section 30. The State Records Act is amended by changing
4Section 15b as follows:
5 (5 ILCS 160/15b) (from Ch. 116, par. 43.18b)
6 Sec. 15b. The head of each agency shall:
7 (1) Determine what records are "essential" for
8 emergency government operation through consultation with
9 all branches of government, State agencies, and with the
10 State Civil Defense Agency.
11 (2) Determine what records are "essential" for
12 post-emergency government operations and provide for their
13 protection and preservation.
14 (3) Establish the manner in which essential records for
15 emergency and post-emergency government operations shall
16 be preserved to ensure insure emergency usability.
17 (4) Establish and maintain an essential records
18 preservation program.
19 The Secretary may provide for security storage or
20relocation of essential State records in the event of an
21emergency arising from enemy attack or natural disaster.
22(Source: P.A. 85-414; revised 11-25-14.)
23 Section 35. The Electronic Commerce Security Act is amended

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1by changing Section 10-115 as follows:
2 (5 ILCS 175/10-115)
3 Sec. 10-115. Commercially reasonable; reliance.
4 (a) The commercial reasonableness of a security procedure
5is a question of law to be determined in light of the purposes
6of the procedure and the commercial circumstances at the time
7the procedure was used, including the nature of the
8transaction, sophistication of the parties, volume of similar
9transactions engaged in by either or both of the parties,
10availability of alternatives offered to but rejected by either
11of the parties, cost of alternative procedures, and procedures
12in general use for similar types of transactions.
13 (b) Whether reliance on a security procedure was reasonable
14and in good faith is to be determined in light of all the
15circumstances known to the relying party at the time of the
16reliance, having due regard to the:
17 (1) the information that the relying party knew or
18 should have known of at the time of reliance that would
19 suggest that reliance was or was not reasonable;
20 (2) the value or importance of the electronic record,
21 if known;
22 (3) any course of dealing between the relying party and
23 the purported sender and the available indicia of
24 reliability or unreliability apart from the security
25 procedure;

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1 (4) any usage of trade, particularly trade conducted by
2 trustworthy systems or other computer-based means; and
3 (5) whether the verification was performed with the
4 assistance of an independent third party.
5(Source: P.A. 90-759, eff. 7-1-99; revised 11-25-14.)
6 Section 40. The Employee Rights Violation Act is amended by
7changing Section 2 as follows:
8 (5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
9 Sec. 2. For the purposes of this Act, the terms used herein
10shall have the meanings ascribed to them in this Section:
11 (a) "Policy making officer" means: (i) an employee of a
12State agency who is engaged predominantly in executive and
13management functions and is charged with the responsibility of
14directing the effectuation of such management policies and
15practices; or (ii) an employee of a State agency whose
16principal work is substantially different from that of his
17subordinates and who has authority in the interest of the State
18agency to hire, transfer, suspend, lay off, recall, promote,
19discharge, direct, reward, or discipline employees, or to
20adjust their grievances, or to effectively recommend such
21action, if the exercise of such authority is not of a merely
22routine or clerical nature, but requires the consistent use of
23independent judgment; or (iii) a Director, Assistant Director
24or Deputy Director of a State agency. ;

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1 (b) "State agency" means the Departments of the Executive
2Branch of State government listed in Section 5-15 of the
3Departments of State Government Law (20 ILCS 5/5-15). ;
4 (c) "Director" includes the Secretary of Transportation.
5(Source: P.A. 91-239, eff. 1-1-00; revised 11-25-14.)
6 Section 45. The Election Code is amended by changing
7Sections 10-10 and 16-6.1 as follows:
8 (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
9 Sec. 10-10. Within 24 hours after the receipt of the
10certificate of nomination or nomination papers or proposed
11question of public policy, as the case may be, and the
12objector's petition, the chairman of the electoral board other
13than the State Board of Elections shall send a call by
14registered or certified mail to each of the members of the
15electoral board, and to the objector who filed the objector's
16petition, and either to the candidate whose certificate of
17nomination or nomination papers are objected to or to the
18principal proponent or attorney for proponents of a question of
19public policy, as the case may be, whose petitions are objected
20to, and shall also cause the sheriff of the county or counties
21in which such officers and persons reside to serve a copy of
22such call upon each of such officers and persons, which call
23shall set out the fact that the electoral board is required to
24meet to hear and pass upon the objections to nominations made

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

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

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

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

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

HB4137 Engrossed- 30 -LRB099 07987 AMC 28127 b
1(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
2revised 11-25-14.)
3 (10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
4 Sec. 16-6.1. In elections held pursuant to the provisions
5of Section 12 of Article VI of the Constitution relating to
6retention of judges in office, the form of the proposition to
7be submitted for each candidate shall be as provided in
8paragraph (1) or (2), as the election authority may choose.
9 (1) The names of all persons seeking retention in the
10 same office shall be listed, in the order provided in this
11 Section, with one proposition that reads substantially as
12 follows: "Shall each of the persons listed be retained in
13 office as (insert name of office and court)?". To the right
14 of each candidate's name must be places for the voter to
15 mark "Yes" or "No". If the list of candidates for retention
16 in the same office exceeds one page of the ballot, the
17 proposition must appear on each page upon which the list of
18 candidates continues.
19 (2) The form of the proposition for each candidate
20 shall be substantially as follows:
21 -----------------------------------------------------
22 Shall ....... (insert name YES
23 of candidate) be retained in --------------
24 office as ..... (insert name NO
25 of office and Court)?

HB4137 Engrossed- 31 -LRB099 07987 AMC 28127 b
1 -----------------------------------------------------
2 The names of all candidates thus submitting their names for
3retention in office in any particular judicial district or
4circuit shall appear on the same ballot which shall be separate
5from all other ballots voted on at the general election.
6 Propositions on Supreme Court judges, if any are seeking
7retention, shall appear on the ballot in the first group, for
8judges of the Appellate Court in the second group immediately
9under the first, and for circuit judges in the last group. The
10grouping of candidates for the same office shall be preceded by
11a heading describing the office and the court. If there are two
12or more candidates for each office, the names of such
13candidates in each group shall be listed in the order
14determined as follows: The name of the person with the greatest
15length of time served in the specified office of the specified
16court shall be listed first in each group. The rest of the
17names shall be listed in the appropriate order based on the
18same seniority standard. If two or more candidates for each
19office have served identical periods of time in the specified
20office, such candidates shall be listed alphabetically at the
21appropriate place in the order of names based on seniority in
22the office as described. Circuit judges shall be credited for
23the purposes of this section with service as associate judges
24prior to July 1, 1971 and with service on any court the judges
25of which were made associate judges on January 1, 1964 by
26virtue of Paragraph 4, subparagraphs (c) and (d) of the

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1Schedule to Article VI of the former Illinois Constitution.
2 At the top of the ballot on the same side as the
3propositions on the candidates are listed shall be printed an
4explanation to read substantially as follows: "Vote on the
5proposition with respect to all or any of the judges listed on
6this ballot. No judge listed is running against any other
7judge. The sole question is whether each judge shall be
8retained in his or her present office".
9 Such separate ballot shall be printed on paper of
10sufficient size so that when folded once it shall be large
11enough to contain the following words, which shall be printed
12on the back, "Ballot for judicial candidates seeking retention
13in office". Such ballot shall be handed to the elector at the
14same time as the ballot containing the names of other
15candidates for the general election and shall be returned
16therewith by the elector to the proper officer in the manner
17designated by this Act. All provisions of this Act relating to
18ballots shall apply to such separate ballot, except as
19otherwise specifically provided in this section. Such separate
20ballot shall be printed upon paper of a green color. No other
21ballot at the same election shall be green in color.
22 In precincts in which voting machines are used, the special
23ballot containing the propositions on the retention of judges
24may be placed on the voting machines if such voting machines
25permit the casting of votes on such propositions.
26 An electronic voting system authorized by Article 24A may

HB4137 Engrossed- 33 -LRB099 07987 AMC 28127 b
1be used in voting and tabulating the judicial retention
2ballots. When an electronic voting system is used which
3utilizes a ballot label booklet and ballot card, there shall be
4used in the label booklet a separate ballot label page or pages
5as required for such proposition, which page or pages for such
6proposition shall be of a green color separate and distinct
7from the ballot label page or pages used for any other
8proposition or candidates.
9(Source: P.A. 92-178, eff. 1-1-02; 92-465, eff. 1-1-02; revised
1011-25-14.)
11 Section 50. The State Comptroller Act is amended by
12changing Section 26 as follows:
13 (15 ILCS 405/26)
14 Sec. 26. Illinois Gives Initiative.
15 (a) The Illinois Gives Initiative is hereby created to
16provide a mechanism whereby an employee or annuitant may
17authorize the withholding of a portion of his or her salary,
18wages, or annuity for payment to Illinois chapters of the
19American Red Cross whose territories include areas affected by
20a declaration of disaster issued in accordance with Section 7
21of the Illinois Emergency Management Agency Act.
22 (b) The initiative shall be administered by the State
23Comptroller, who is authorized to:
24 (1) develop an electronic mechanism whereby an

HB4137 Engrossed- 34 -LRB099 07987 AMC 28127 b
1 employee or annuitant may register with the Office of the
2 Comptroller for the withholding to be deducted from the
3 next available scheduled pay period;
4 (2) develop policies and procedures necessary for the
5 efficient transmission of the notification of the
6 withholding under this Section to the employee's Payroll
7 Officer or the annuitant's Retirement Agency; and
8 (3) develop policies and procedures necessary for the
9 efficient distribution of the withholdings under this
10 Section to designated Illinois chapters of the American Red
11 Cross.
12(Source: P.A. 98-700, eff. 7-7-14; revised 11-25-14.)
13 Section 55. The Illinois Act on the Aging is amended by
14changing Section 8.09 as follows:
15 (20 ILCS 105/8.09)
16 Sec. 8.09. Unlicensed or uncertified facilities. No public
17official, agent, or employee may place any person in or with,
18or recommend that any person be placed in or with, or directly
19or indirectly cause any person to be placed in or with any
20unlicensed or uncertified: (i) board and care home as defined
21in the Board and Care Home Act and licensed under the Assisted
22Living and Shared Housing Act; (ii) assisted living or shared
23housing establishment as defined in the Assisted Living and
24Shared Housing Act; (iii) facility licensed under the Nursing

HB4137 Engrossed- 35 -LRB099 07987 AMC 28127 b
1Home Care Act; (iv) supportive living facility as described in
2Section 5-5.01a of the Illinois Public Aid Code; (v)
3free-standing hospice residence licensed under the Hospice
4Program Licensing Act; or (vi) home services agency licensed
5under the Home Health, Home Services, and Home Nursing Agency
6Licensing Act if licensure or certification is required. No
7public official, agent, or employee may place the name of such
8a facility on a list of facilities to be circulated to the
9public, unless the facility is licensed or certified. Use of
10the Department of Public Health's annual list of licensed
11facilities shall satisfy compliance with this Section for all
12facilities licensed or certified by the Illinois Department of
13Public Health.
14(Source: P.A. 96-1318, eff. 7-27-10; revised 11-25-14.)
15 Section 60. The Alcoholism and Other Drug Abuse and
16Dependency Act is amended by changing Section 40-5 as follows:
17 (20 ILCS 301/40-5)
18 Sec. 40-5. Election of treatment. An addict or alcoholic
19who is charged with or convicted of a crime or any other person
20charged with or convicted of a misdemeanor violation of the Use
21of Intoxicating Compounds Act and who has not been previously
22convicted of a violation of that Act may elect treatment under
23the supervision of a licensed program designated by the
24Department, referred to in this Article as "designated

HB4137 Engrossed- 36 -LRB099 07987 AMC 28127 b
1program", unless:
2 (1) the crime is a crime of violence;
3 (2) the crime is a violation of Section 401(a), 401(b),
4 401(c) where the person electing treatment has been
5 previously convicted of a non-probationable felony or the
6 violation is non-probationable, 401(d) where the violation
7 is non-probationable, 401.1, 402(a), 405 or 407 of the
8 Illinois Controlled Substances Act, or Section 12-7.3 of
9 the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),
10 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis
11 Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),
12 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control
13 and Community Protection Act or is otherwise ineligible for
14 probation under Section 70 of the Methamphetamine Control
15 and Community Protection Act;
16 (3) the person has a record of 2 or more convictions of
17 a crime of violence;
18 (4) other criminal proceedings alleging commission of
19 a felony are pending against the person;
20 (5) the person is on probation or parole and the
21 appropriate parole or probation authority does not consent
22 to that election;
23 (6) the person elected and was admitted to a designated
24 program on 2 prior occasions within any consecutive 2-year
25 period;
26 (7) the person has been convicted of residential

HB4137 Engrossed- 37 -LRB099 07987 AMC 28127 b
1 burglary and has a record of one or more felony
2 convictions;
3 (8) the crime is a violation of Section 11-501 of the
4 Illinois Vehicle Code or a similar provision of a local
5 ordinance; or
6 (9) the crime is a reckless homicide or a reckless
7 homicide of an unborn child, as defined in Section 9-3 or
8 9-3.2 of the Criminal Code of 1961 or the Criminal Code of
9 2012, in which the cause of death consists of the driving
10 of a motor vehicle by a person under the influence of
11 alcohol or any other drug or drugs at the time of the
12 violation.
13 Nothing in this Section shall preclude an individual who is
14charged with or convicted of a crime that is a violation of
15Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
16Community Protection Act, and who is otherwise eligible to make
17the election provided for under this Section, from being
18eligible to make an election for treatment as a condition of
19probation as provided for under this Article.
20(Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13;
2198-896, eff. 1-1-15; 98-1124, eff. 8-26-14; revised 10-1-14.)
22 Section 65. The Children and Family Services Act is amended
23by changing Section 8 as follows:
24 (20 ILCS 505/8) (from Ch. 23, par. 5008)

HB4137 Engrossed- 38 -LRB099 07987 AMC 28127 b
1 Sec. 8. Scholarships and fee waivers. Each year the
2Department shall select a minimum of 53 students (at least 4 of
3whom shall be children of veterans) to receive scholarships and
4fee waivers which will enable them to attend and complete their
5post-secondary education at a community college, university,
6or college. Youth shall be selected from among the youth for
7whom the Department has court-ordered legal responsibility,
8youth who aged out of care at age 18 or older, or youth
9formerly under care who have been adopted or who have been
10placed in private guardianship. Recipients must have earned a
11high school diploma from an accredited institution or , a high
12school equivalency General Education Development certificate
13or diploma, or have met the State criteria for high school
14graduation before the start of the school year for which they
15are applying for the scholarship and waiver. high school
16equivalency Scholarships and fee waivers shall be available to
17students for at least 5 years, provided they are continuing to
18work toward graduation. Unused scholarship dollars and fee
19waivers shall be reallocated to new recipients. No later than
20January 1, 2015, the Department shall promulgate rules
21identifying the criteria for "continuing to work toward
22graduation", and for reallocating unused scholarships and fee
23waivers. Selection shall be made on the basis of several
24factors, including, but not limited to, scholastic record,
25aptitude, and general interest in higher education. The
26selection committee shall include at least 2 individuals

HB4137 Engrossed- 39 -LRB099 07987 AMC 28127 b
1formerly under the care of the Department who have completed
2their post-secondary education. In accordance with this Act,
3tuition scholarships and fee waivers shall be available to such
4students at any university or college maintained by the State
5of Illinois. The Department shall provide maintenance and
6school expenses, except tuition and fees, during the academic
7years to supplement the students' earnings or other resources
8so long as they consistently maintain scholastic records which
9are acceptable to their schools and to the Department. Students
10may attend other colleges and universities, if scholarships are
11awarded them, and receive the same benefits for maintenance and
12other expenses as those students attending any Illinois State
13community college, university, or college under this Section.
14Beginning with recipients receiving scholarships and waivers
15in August 2014, the Department shall collect data and report
16annually to the General Assembly on measures of success,
17including (i) the number of youth applying for and receiving
18scholarships, (ii) the percentage of scholarship recipients
19who complete their college or university degree within 5 years,
20(iii) the average length of time it takes for scholarship
21recipients to complete their college or university degree, (iv)
22the reasons that scholarship recipients are discharged or fail
23to complete their college or university degree, (v) when
24available, youths' outcomes 5 years and 10 years after being
25awarded the scholarships, and (vi) budget allocations for
26maintenance and school expenses incurred by the Department.

HB4137 Engrossed- 40 -LRB099 07987 AMC 28127 b
1(Source: P.A. 97-799, eff. 7-13-12; 98-718, eff. 1-1-15;
298-805, eff. 1-1-15; revised 10-1-14.)
3 Section 70. The High Speed Internet Services and
4Information Technology Act is amended by changing Section 30 as
5follows:
6 (20 ILCS 661/30)
7 Sec. 30. High Speed Internet Services and Information
8Technology Fund.
9 (a) There is created in the State treasury a special fund
10to be known as the High Speed Internet Services and Information
11Technology Fund, to be used, subject to appropriation, by the
12Department of Commerce and Economic Opportunity Development
13for purposes of providing grants to the nonprofit organization
14enlisted under this Act.
15 (b) On the effective date of this Act, $4,000,000 in the
16Digital Divide Elimination Infrastructure Fund shall be
17transferred to the High Speed Internet Services and Information
18Technology Fund. Nothing contained in this subsection (b) shall
19affect the validity of grants issued with moneys from the
20Digital Divide Elimination Infrastructure Fund before June 30,
212007.
22(Source: P.A. 95-684, eff. 10-19-07; revised 11-25-14.)
23 Section 75. The Department of Human Services Act is amended

HB4137 Engrossed- 41 -LRB099 07987 AMC 28127 b
1by changing Section 10-66 as follows:
2 (20 ILCS 1305/10-66)
3 Sec. 10-66. Rate reductions. Rates for medical services
4purchased by the Divisions of Alcoholism Alcohol and Substance
5Abuse, Community Health and Prevention, Developmental
6Disabilities, Mental Health, or Rehabilitation Services within
7the Department of Human Services shall not be reduced below the
8rates calculated on April 1, 2011 unless the Department of
9Human Services promulgates rules and rules are implemented
10authorizing rate reductions.
11(Source: P.A. 97-74, eff. 6-30-11; revised 11-25-14.)
12 Section 80. The Mental Health and Developmental
13Disabilities Administrative Act is amended by changing
14Sections 15.4 and 18.6 as follows:
15 (20 ILCS 1705/15.4)
16 Sec. 15.4. Authorization for nursing delegation to permit
17direct care staff to administer medications.
18 (a) This Section applies to (i) all programs for persons
19with a developmental disability in settings of 16 persons or
20fewer that are funded or licensed by the Department of Human
21Services and that distribute or administer medications and (ii)
22all intermediate care facilities for the developmentally
23disabled with 16 beds or fewer that are licensed by the

HB4137 Engrossed- 42 -LRB099 07987 AMC 28127 b
1Department of Public Health. The Department of Human Services
2shall develop a training program for authorized direct care
3staff to administer medications under the supervision and
4monitoring of a registered professional nurse. This training
5program shall be developed in consultation with professional
6associations representing (i) physicians licensed to practice
7medicine in all its branches, (ii) registered professional
8nurses, and (iii) pharmacists.
9 (b) For the purposes of this Section:
10 "Authorized direct care staff" means non-licensed persons
11who have successfully completed a medication administration
12training program approved by the Department of Human Services
13and conducted by a nurse-trainer. This authorization is
14specific to an individual receiving service in a specific
15agency and does not transfer to another agency.
16 "Medications" means oral and topical medications, insulin
17in an injectable form, oxygen, epinephrine auto-injectors, and
18vaginal and rectal creams and suppositories. "Oral" includes
19inhalants and medications administered through enteral tubes,
20utilizing aseptic technique. "Topical" includes eye, ear, and
21nasal medications. Any controlled substances must be packaged
22specifically for an identified individual.
23 "Insulin in an injectable form" means a subcutaneous
24injection via an insulin pen pre-filled by the manufacturer.
25Authorized direct care staff may administer insulin, as ordered
26by a physician, advanced practice nurse, or physician

HB4137 Engrossed- 43 -LRB099 07987 AMC 28127 b
1assistant, if: (i) the staff has successfully completed a
2Department-approved advanced training program specific to
3insulin administration developed in consultation with
4professional associations listed in subsection (a) of this
5Section, and (ii) the staff consults with the registered nurse,
6prior to administration, of any insulin dose that is determined
7based on a blood glucose test result. The authorized direct
8care staff shall not: (i) calculate the insulin dosage needed
9when the dose is dependent upon a blood glucose test result, or
10(ii) administer insulin to individuals who require blood
11glucose monitoring greater than 3 times daily, unless directed
12to do so by the registered nurse.
13 "Nurse-trainer training program" means a standardized,
14competency-based medication administration train-the-trainer
15program provided by the Department of Human Services and
16conducted by a Department of Human Services master
17nurse-trainer for the purpose of training nurse-trainers to
18train persons employed or under contract to provide direct care
19or treatment to individuals receiving services to administer
20medications and provide self-administration of medication
21training to individuals under the supervision and monitoring of
22the nurse-trainer. The program incorporates adult learning
23styles, teaching strategies, classroom management, and a
24curriculum overview, including the ethical and legal aspects of
25supervising those administering medications.
26 "Self-administration of medications" means an individual

HB4137 Engrossed- 44 -LRB099 07987 AMC 28127 b
1administers his or her own medications. To be considered
2capable to self-administer their own medication, individuals
3must, at a minimum, be able to identify their medication by
4size, shape, or color, know when they should take the
5medication, and know the amount of medication to be taken each
6time.
7 "Training program" means a standardized medication
8administration training program approved by the Department of
9Human Services and conducted by a registered professional nurse
10for the purpose of training persons employed or under contract
11to provide direct care or treatment to individuals receiving
12services to administer medications and provide
13self-administration of medication training to individuals
14under the delegation and supervision of a nurse-trainer. The
15program incorporates adult learning styles, teaching
16strategies, classroom management, curriculum overview,
17including ethical-legal aspects, and standardized
18competency-based evaluations on administration of medications
19and self-administration of medication training programs.
20 (c) Training and authorization of non-licensed direct care
21staff by nurse-trainers must meet the requirements of this
22subsection.
23 (1) Prior to training non-licensed direct care staff to
24 administer medication, the nurse-trainer shall perform the
25 following for each individual to whom medication will be
26 administered by non-licensed direct care staff:

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1 (A) An assessment of the individual's health
2 history and physical and mental status.
3 (B) An evaluation of the medications prescribed.
4 (2) Non-licensed authorized direct care staff shall
5 meet the following criteria:
6 (A) Be 18 years of age or older.
7 (B) Have completed high school or have a high
8 school equivalency certificate.
9 (C) Have demonstrated functional literacy.
10 (D) Have satisfactorily completed the Health and
11 Safety component of a Department of Human Services
12 authorized direct care staff training program.
13 (E) Have successfully completed the training
14 program, pass the written portion of the comprehensive
15 exam, and score 100% on the competency-based
16 assessment specific to the individual and his or her
17 medications.
18 (F) Have received additional competency-based
19 assessment by the nurse-trainer as deemed necessary by
20 the nurse-trainer whenever a change of medication
21 occurs or a new individual that requires medication
22 administration enters the program.
23 (3) Authorized direct care staff shall be re-evaluated
24 by a nurse-trainer at least annually or more frequently at
25 the discretion of the registered professional nurse. Any
26 necessary retraining shall be to the extent that is

HB4137 Engrossed- 46 -LRB099 07987 AMC 28127 b
1 necessary to ensure competency of the authorized direct
2 care staff to administer medication.
3 (4) Authorization of direct care staff to administer
4 medication shall be revoked if, in the opinion of the
5 registered professional nurse, the authorized direct care
6 staff is no longer competent to administer medication.
7 (5) The registered professional nurse shall assess an
8 individual's health status at least annually or more
9 frequently at the discretion of the registered
10 professional nurse.
11 (d) Medication self-administration shall meet the
12following requirements:
13 (1) As part of the normalization process, in order for
14 each individual to attain the highest possible level of
15 independent functioning, all individuals shall be
16 permitted to participate in their total health care
17 program. This program shall include, but not be limited to,
18 individual training in preventive health and
19 self-medication procedures.
20 (A) Every program shall adopt written policies and
21 procedures for assisting individuals in obtaining
22 preventative health and self-medication skills in
23 consultation with a registered professional nurse,
24 advanced practice nurse, physician assistant, or
25 physician licensed to practice medicine in all its
26 branches.

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1 (B) Individuals shall be evaluated to determine
2 their ability to self-medicate by the nurse-trainer
3 through the use of the Department's required,
4 standardized screening and assessment instruments.
5 (C) When the results of the screening and
6 assessment indicate an individual not to be capable to
7 self-administer his or her own medications, programs
8 shall be developed in consultation with the Community
9 Support Team or Interdisciplinary Team to provide
10 individuals with self-medication administration.
11 (2) Each individual shall be presumed to be competent
12 to self-administer medications if:
13 (A) authorized by an order of a physician licensed
14 to practice medicine in all its branches; and
15 (B) approved to self-administer medication by the
16 individual's Community Support Team or
17 Interdisciplinary Team, which includes a registered
18 professional nurse or an advanced practice nurse.
19 (e) Quality Assurance.
20 (1) A registered professional nurse, advanced practice
21 nurse, licensed practical nurse, physician licensed to
22 practice medicine in all its branches, physician
23 assistant, or pharmacist shall review the following for all
24 individuals:
25 (A) Medication orders.
26 (B) Medication labels, including medications

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1 listed on the medication administration record for
2 persons who are not self-medicating to ensure the
3 labels match the orders issued by the physician
4 licensed to practice medicine in all its branches,
5 advanced practice nurse, or physician assistant.
6 (C) Medication administration records for persons
7 who are not self-medicating to ensure that the records
8 are completed appropriately for:
9 (i) medication administered as prescribed;
10 (ii) refusal by the individual; and
11 (iii) full signatures provided for all
12 initials used.
13 (2) Reviews shall occur at least quarterly, but may be
14 done more frequently at the discretion of the registered
15 professional nurse or advanced practice nurse.
16 (3) A quality assurance review of medication errors and
17 data collection for the purpose of monitoring and
18 recommending corrective action shall be conducted within 7
19 days and included in the required annual review.
20 (f) Programs using authorized direct care staff to
21administer medications are responsible for documenting and
22maintaining records on the training that is completed.
23 (g) The absence of this training program constitutes a
24threat to the public interest, safety, and welfare and
25necessitates emergency rulemaking by the Departments of Human
26Services and Public Health under Section 5-45 of the Illinois

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1Administrative Procedure Act.
2 (h) Direct care staff who fail to qualify for delegated
3authority to administer medications pursuant to the provisions
4of this Section shall be given additional education and testing
5to meet criteria for delegation authority to administer
6medications. Any direct care staff person who fails to qualify
7as an authorized direct care staff after initial training and
8testing must within 3 months be given another opportunity for
9retraining and retesting. A direct care staff person who fails
10to meet criteria for delegated authority to administer
11medication, including, but not limited to, failure of the
12written test on 2 occasions shall be given consideration for
13shift transfer or reassignment, if possible. No employee shall
14be terminated for failure to qualify during the 3-month time
15period following initial testing. Refusal to complete training
16and testing required by this Section may be grounds for
17immediate dismissal.
18 (i) No authorized direct care staff person delegated to
19administer medication shall be subject to suspension or
20discharge for errors resulting from the staff person's acts or
21omissions when performing the functions unless the staff
22person's actions or omissions constitute willful and wanton
23conduct. Nothing in this subsection is intended to supersede
24paragraph (4) of subsection (c).
25 (j) A registered professional nurse, advanced practice
26nurse, physician licensed to practice medicine in all its

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1branches, or physician assistant shall be on duty or on call at
2all times in any program covered by this Section.
3 (k) The employer shall be responsible for maintaining
4liability insurance for any program covered by this Section.
5 (l) Any direct care staff person who qualifies as
6authorized direct care staff pursuant to this Section shall be
7granted consideration for a one-time additional salary
8differential. The Department shall determine and provide the
9necessary funding for the differential in the base. This
10subsection (l) is inoperative on and after June 30, 2000.
11(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14;
12revised 10-2-14.)
13 (20 ILCS 1705/18.6)
14 (Section scheduled to be repealed on December 31, 2019)
15 Sec. 18.6. Mental Health Services Strategic Planning Task
16Force.
17 (a) Task Force. The Mental Health Services Strategic
18Planning Task Force is created.
19 (b) Meeting. The Task Force shall be appointed and hold its
20first meeting within 90 days after the effective date of this
21amendatory Act of the 97th General Assembly.
22 (c) Composition. The Task Force shall be comprised of the
23following members:
24 (1) Two members of the Senate appointed by the
25 President of the Senate and 2 members of the Senate

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1 appointed by the Minority Leader of the Senate.
2 (2) Two members of the House of Representatives
3 appointed by the Speaker of the House of Representatives
4 and 2 members of the House of Representatives appointed by
5 the Minority Leader of the House of Representatives.
6 (3) One representative of the Division of Mental Health
7 within the Department of Human Services.
8 (4) One representative of the Department of Healthcare
9 and Family Services.
10 (5) One representative of the Bureau of Long Term Care
11 within the Department of Public Health.
12 (6) One representative of the Illinois Children's
13 Mental Health Partnership.
14 (7) Six representatives of the mental health providers
15 and community stakeholders selected from names submitted
16 by associates representing the various types of providers.
17 (8) Three representatives of the consumer community
18 including a primary consumer, secondary consumer, and a
19 representative of a mental health consumer advocacy
20 organization.
21 (9) An individual from a union representing State
22 employees providing services to persons with mental
23 illness.
24 (10) One academic specialist in mental health
25 outcomes, research, and evidence-based practices.
26 (d) Duty. The Task Force shall meet with the Office of the

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1Governor and the appropriate legislative committees on mental
2health to develop a 5-year comprehensive strategic plan for the
3State's mental health services. The plan shall address the
4following topics:
5 (1) Provide sufficient home and community-based
6 services to give consumers real options in care settings.
7 (2) Improve access to care.
8 (3) Reduce regulatory redundancy.
9 (4) Maintain financial viability for providers in a
10 cost-effective manner to the State.
11 (5) Ensure care is effective, efficient, and
12 appropriate regardless of the setting in which it is
13 provided.
14 (6) Ensure quality of care in all care settings via the
15 use of appropriate clinical outcomes.
16 (7) Ensure hospitalizations and institutional care,
17 when necessary, is available to meet demand now and in the
18 future.
19 (e) The Task Force shall work in conjunction with the
20Department of Human Services' Division of Developmental
21Disabilities to ensure effective treatment for those dually
22diagnosed with both mental illness and developmental
23disabilities. The Task Force shall also work in conjunction
24with the Department of Human Services' Division of Alcoholism
25Alcohol and Substance Abuse to ensure effective treatment for
26those who are dually diagnosed with both mental illness as well

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1as substance abuse challenges.
2 (f) Compensation. Members of the Task Force shall not
3receive compensation nor reimbursement for necessary expenses
4incurred in performing the duties associated with the Task
5Force.
6 (g) Reporting. The Task Force shall present its plan to the
7Governor and the General Assembly no later than 18 months after
8the effective date of the amendatory Act of the 97th General
9Assembly. With its approval and authorization, and subject to
10appropriation, the Task Force shall convene quarterly meetings
11during the implementation of the 5-year strategic plan to
12monitor progress, review outcomes, and make ongoing
13recommendations. These ongoing recommendations shall be
14presented to the Governor and the General Assembly for
15feedback, suggestions, support, and approval. Within one year
16after recommendations are presented to the Governor and the
17General Assembly, the General Assembly shall vote on whether
18the recommendations should become law.
19 (h) Administrative support. The Department of Human
20Services shall provide administrative and staff support to the
21Task Force.
22 (i) This Section is repealed on December 31, 2019.
23(Source: P.A. 97-438, eff. 8-18-11; revised 11-25-14.)
24 Section 85. The Department of Public Health Act is amended
25by changing Section 2.1 as follows:

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1 (20 ILCS 2305/2.1)
2 Sec. 2.1. Information sharing.
3 (a) Whenever a State or local law enforcement authority
4learns of a case of an illness, health condition, or unusual
5disease or symptom cluster, reportable pursuant to rules
6adopted by the Department or by a local board of health or
7local public health authority, or a suspicious event that may
8be the cause of or related to a public health emergency, as
9that term is defined in Section 4 of the Illinois Emergency
10Management Agency Act, it shall immediately notify the Illinois
11Emergency Management Agency and the Department or local board
12of health or local public health authority.
13 (b) Whenever the Department or a local board of health or
14local public health authority learns of a case of an illness,
15health condition, or unusual disease or symptom cluster,
16reportable pursuant to rules adopted by the Department or by a
17local board of health or a local public health authority, or a
18suspicious event that it reasonably believes has the potential
19to be the cause of or related to a public health emergency, as
20that term is defined in Section 4 of the Illinois Emergency
21Management Agency Act, it shall immediately notify the Illinois
22Emergency Management Agency, the appropriate State and local
23law enforcement authorities, other appropriate State agencies,
24and federal health and law enforcement authorities and, after
25that notification, it shall provide law enforcement

HB4137 Engrossed- 55 -LRB099 07987 AMC 28127 b
1authorities with such other information as law enforcement
2authorities may request for the purpose of conducting a
3criminal investigation or a criminal prosecution of or arising
4out of that matter. No information containing the identity or
5tending to reveal the identity of any person may be redisclosed
6by law enforcement, except in a prosecution of that person for
7the commission of a crime.
8 (c) Sharing of information on reportable illnesses, health
9conditions, unusual disease or symptom clusters, or suspicious
10events between and among public health and law enforcement
11authorities shall be restricted to the information necessary
12for the treatment in response to, control of, investigation of,
13and prevention of a public health emergency, as that term is
14defined in Section 4 of the Illinois Emergency Management
15Agency Act, or for criminal investigation or criminal
16prosecution of or arising out of that matter.
17 (d) The operation of the language of this Section is not
18dependent upon a declaration of disaster by the Governor
19pursuant to the Illinois Emergency Management Agency Act.
20(Source: P.A. 93-829, eff. 7-28-04; revised 11-25-14.)
21 Section 90. The Illinois Commission on Volunteerism and
22Community Service Act is amended by changing Section 6.1 as
23follows:
24 (20 ILCS 2330/6.1) (was 20 ILCS 710/6.1)

HB4137 Engrossed- 56 -LRB099 07987 AMC 28127 b
1 Sec. 6.1. Functions of Commission. The Commission shall
2meet at least quarterly and shall advise and consult with the
3Department of Public Health and the Governor's Office on all
4matters relating to community service in Illinois. In addition,
5the Commission shall have the following duties:
6 (a) prepare a 3-year State service plan, developed
7 through an open, public process and updated annually;
8 (b) prepare the financial assistance applications of
9 the State under the National and Community Service Trust
10 Fund Act of 1993, as amended by the Serve America Act;
11 (c) assist in the preparation of the application by the
12 State Board of Education for assistance under that Act;
13 (d) prepare the State's application under that Act for
14 the approval of national service positions;
15 (e) assist in the provision of health care and child
16 care benefits under that Act;
17 (f) develop a State recruitment, placement, and
18 information dissemination system for participants in
19 programs that receive assistance under the national
20 service laws;
21 (g) administer the State's grant program including
22 selection, oversight, and evaluation of grant recipients;
23 (h) make technical assistance available to enable
24 applicants to plan and implement service programs and to
25 apply for assistance under the national service laws;
26 (i) develop projects, training methods, curriculum

HB4137 Engrossed- 57 -LRB099 07987 AMC 28127 b
1 materials, and other activities related to service;
2 (j) coordinate its functions with any division of the
3 federal Corporation for National and Community Service
4 outlined in the National and Community Service Trust Fund
5 Act of 1993, as amended by the Serve America Act; .
6 (k) publicize Commission services and promote
7 community involvement in the activities of the Commission;
8 (l) promote increased visibility and support for
9 volunteers of all ages, especially youth and senior
10 citizens, and community service in meeting the needs of
11 Illinois residents; and
12 (m) represent the Department of Public Health and the
13 Governor's Office on such occasions and in such manner as
14 the Department may provide.
15(Source: P.A. 98-692, eff. 7-1-14; revised 11-25-14.)
16 Section 95. The Blind Vendors Act is amended by changing
17Section 30 as follows:
18 (20 ILCS 2421/30)
19 Sec. 30. Vending machine income and compliance.
20 (a) Except as provided in subsections (b), (c), (d), (e),
21and (i) of this Section, after July 1, 2010, all vending
22machine income, as defined by this Act, from vending machines
23on State property shall accrue to (1) the blind vendor
24operating the vending facilities on the property or (2) in the

HB4137 Engrossed- 58 -LRB099 07987 AMC 28127 b
1event there is no blind vendor operating a facility on the
2property, the Blind Vendors Trust Fund for use exclusively as
3set forth in subsection (a) of Section 25 of this Act.
4 (b) Notwithstanding the provisions of subsection (a) of
5this Section, all State university cafeterias and vending
6machines are exempt from this Act.
7 (c) Notwithstanding the provisions of subsection (a) of
8this Section, all vending facilities at the Governor Samuel H.
9Shapiro Developmental Center in Kankakee are exempt from this
10Act.
11 (d) Notwithstanding the provisions of subsection (a) of
12this Section, in the event there is no blind vendor operating a
13vending facility on the State property, all vending machine
14income, as defined in this Act, from vending machines on the
15State property of the Department of Corrections and the
16Department of Juvenile Justice shall accrue to the State agency
17and be allocated in accordance with the commissary provisions
18in the Unified Code of Corrections.
19 (e) Notwithstanding the provisions of subsection (a) of
20this Section, in the event a blind vendor is operating a
21vending facility on the State property of the Department of or
22Corrections or the Department of Juvenile Justice, a commission
23shall be paid to the State agency equal to 10% of the net
24proceeds from vending machines servicing State employees and
2525% of the net proceeds from vending machines servicing
26visitors on the State property.

HB4137 Engrossed- 59 -LRB099 07987 AMC 28127 b
1 (f) The Secretary, directly or by delegation of authority,
2shall ensure compliance with this Section and Section 15 of
3this Act with respect to buildings, installations, facilities,
4roadside rest stops, and any other State property, and shall be
5responsible for the collection of, and accounting for, all
6vending machine income on this property. The Secretary shall
7enforce these provisions through litigation, arbitration, or
8any other legal means available to the State, and each State
9agency in control of this property shall be subject to the
10enforcement. State agencies or departments failing to comply
11with an order of the Department may be held in contempt in any
12court of general jurisdiction.
13 (g) Any limitation on the placement or operation of a
14vending machine by a State agency based on a determination that
15such placement or operation would adversely affect the
16interests of the State must be explained in writing to the
17Secretary. The Secretary shall promptly determine whether the
18limitation is justified. If the Secretary determines that the
19limitation is not justified, the State agency seeking the
20limitation shall immediately remove the limitation.
21 (h) The amount of vending machine income accruing from
22vending machines on State property that may be used for the
23functions of the Committee shall be determined annually by a
24two-thirds vote of the Committee, except that no more than 25%
25of the annual vending machine income may be used by the
26Committee for this purpose, based upon the income accruing to

HB4137 Engrossed- 60 -LRB099 07987 AMC 28127 b
1the Blind Vendors Trust Fund in the preceding year. The
2Committee may establish its budget and expend funds through
3contract or otherwise without the approval of the Department.
4 (i) Notwithstanding the provisions of subsection (a) of
5this Section, with respect to vending machines located on any
6facility or property controlled or operated by the Division of
7Mental Health or the Division of Developmental Disabilities
8within the Department of Human Services:
9 (1) Any written contract in place as of the effective
10 date of this Act between the Division and the Business
11 Enterprise Program for the Blind shall be maintained and
12 fully adhered to including any moneys paid to the
13 individual facilities.
14 (2) With respect to existing vending machines with no
15 written contract or agreement in place as of the effective
16 date of this Act between the Division and a private vendor,
17 bottler, or vending machine supplier, the Business
18 Enterprise Program for the Blind has the right to provide
19 the vending services as provided in this Act, provided that
20 the blind vendor must provide 10% of gross sales from those
21 machines to the individual facilities.
22(Source: P.A. 96-644, eff. 1-1-10; revised 11-25-14.)
23 Section 100. The Criminal Identification Act is amended by
24changing Sections 4.5 and 5.2 as follows:

HB4137 Engrossed- 61 -LRB099 07987 AMC 28127 b
1 (20 ILCS 2630/4.5)
2 Sec. 4.5. Ethnic and racial data collection.
3 (a) Ethnic and racial data for every adult or juvenile
4arrested shall be collected at the following points of contact
5by the entity identified in this subsection or another entity
6authorized and qualified to collect and report on this data:
7 (1) at arrest or booking, by the supervising law
8 enforcement agency;
9 (2) upon admittance to the Department of Corrections,
10 by the Department of Corrections;
11 (3) upon admittance to the Department of Juvenile
12 Justice, by the Department of Juvenile Justice; and
13 (4) (3) upon transfer from the Department of Juvenile
14 Justice to the Department of Corrections, by the Department
15 of Juvenile Justice.
16 (b) Ethnic and racial data shall be collected through
17selection of one of the following categories:
18 (1) American Indian or Alaskan Native;
19 (2) Asian or Pacific Islander;
20 (3) Black or African American;
21 (4) White or Caucasian;
22 (5) Hispanic or Latino; or
23 (6) Unknown.
24 (c) The collecting entity shall make a good-faith effort to
25collect race and ethnicity information as self-reported by the
26adult or juvenile. If the adult or juvenile is unable or

HB4137 Engrossed- 62 -LRB099 07987 AMC 28127 b
1unwilling to provide race and ethnicity information, the
2collecting entity shall make a good-faith effort to deduce the
3race and ethnicity of the adult or juvenile.
4(Source: P.A. 98-528, eff. 1-1-15; revised 11-25-14.)
5 (20 ILCS 2630/5.2)
6 Sec. 5.2. Expungement and sealing.
7 (a) General Provisions.
8 (1) Definitions. In this Act, words and phrases have
9 the meanings set forth in this subsection, except when a
10 particular context clearly requires a different meaning.
11 (A) The following terms shall have the meanings
12 ascribed to them in the Unified Code of Corrections,
13 730 ILCS 5/5-1-2 through 5/5-1-22:
14 (i) Business Offense (730 ILCS 5/5-1-2),
15 (ii) Charge (730 ILCS 5/5-1-3),
16 (iii) Court (730 ILCS 5/5-1-6),
17 (iv) Defendant (730 ILCS 5/5-1-7),
18 (v) Felony (730 ILCS 5/5-1-9),
19 (vi) Imprisonment (730 ILCS 5/5-1-10),
20 (vii) Judgment (730 ILCS 5/5-1-12),
21 (viii) Misdemeanor (730 ILCS 5/5-1-14),
22 (ix) Offense (730 ILCS 5/5-1-15),
23 (x) Parole (730 ILCS 5/5-1-16),
24 (xi) Petty Offense (730 ILCS 5/5-1-17),
25 (xii) Probation (730 ILCS 5/5-1-18),

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

HB4137 Engrossed- 64 -LRB099 07987 AMC 28127 b
1 (a)(1)(H)). As used in this Section, a minor traffic
2 offense (as defined in subsection (a)(1)(G)) shall not
3 be considered a criminal offense.
4 (E) "Expunge" means to physically destroy the
5 records or return them to the petitioner and to
6 obliterate the petitioner's name from any official
7 index or public record, or both. Nothing in this Act
8 shall require the physical destruction of the circuit
9 court file, but such records relating to arrests or
10 charges, or both, ordered expunged shall be impounded
11 as required by subsections (d)(9)(A)(ii) and
12 (d)(9)(B)(ii).
13 (F) As used in this Section, "last sentence" means
14 the sentence, order of supervision, or order of
15 qualified probation (as defined by subsection
16 (a)(1)(J)), for a criminal offense (as defined by
17 subsection (a)(1)(D)) that terminates last in time in
18 any jurisdiction, regardless of whether the petitioner
19 has included the criminal offense for which the
20 sentence or order of supervision or qualified
21 probation was imposed in his or her petition. If
22 multiple sentences, orders of supervision, or orders
23 of qualified probation terminate on the same day and
24 are last in time, they shall be collectively considered
25 the "last sentence" regardless of whether they were
26 ordered to run concurrently.

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

HB4137 Engrossed- 66 -LRB099 07987 AMC 28127 b
1 Section 10-102 of the Illinois Alcoholism and Other
2 Drug Dependency Act and Section 40-10 of the Alcoholism
3 and Other Drug Abuse and Dependency Act means that the
4 probation was terminated satisfactorily and the
5 judgment of conviction was vacated.
6 (K) "Seal" means to physically and electronically
7 maintain the records, unless the records would
8 otherwise be destroyed due to age, but to make the
9 records unavailable without a court order, subject to
10 the exceptions in Sections 12 and 13 of this Act. The
11 petitioner's name shall also be obliterated from the
12 official index required to be kept by the circuit court
13 clerk under Section 16 of the Clerks of Courts Act, but
14 any index issued by the circuit court clerk before the
15 entry of the order to seal shall not be affected.
16 (L) "Sexual offense committed against a minor"
17 includes but is not limited to the offenses of indecent
18 solicitation of a child or criminal sexual abuse when
19 the victim of such offense is under 18 years of age.
20 (M) "Terminate" as it relates to a sentence or
21 order of supervision or qualified probation includes
22 either satisfactory or unsatisfactory termination of
23 the sentence, unless otherwise specified in this
24 Section.
25 (2) Minor Traffic Offenses. Orders of supervision or
26 convictions for minor traffic offenses shall not affect a

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

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

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

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

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

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

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

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

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

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

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

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1 sealed as follows:
2 (A) Records identified as eligible under
3 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
4 time.
5 (B) Records identified as eligible under
6 subsection (c)(2)(C) may be sealed (i) 3 years after
7 the termination of petitioner's last sentence (as
8 defined in subsection (a)(1)(F)) if the petitioner has
9 never been convicted of a criminal offense (as defined
10 in subsection (a)(1)(D)); or (ii) 4 years after the
11 termination of the petitioner's last sentence (as
12 defined in subsection (a)(1)(F)) if the petitioner has
13 ever been convicted of a criminal offense (as defined
14 in subsection (a)(1)(D)).
15 (C) Records identified as eligible under
16 subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
17 sealed 4 years after the termination of the
18 petitioner's last sentence (as defined in subsection
19 (a)(1)(F)).
20 (D) Records identified in subsection
21 (a)(3)(A)(iii) may be sealed after the petitioner has
22 reached the age of 25 years.
23 (4) Subsequent felony convictions. A person may not
24 have subsequent felony conviction records sealed as
25 provided in this subsection (c) if he or she is convicted
26 of any felony offense after the date of the sealing of

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1 prior felony convictions as provided in this subsection
2 (c). The court may, upon conviction for a subsequent felony
3 offense, order the unsealing of prior felony conviction
4 records previously ordered sealed by the court.
5 (5) Notice of eligibility for sealing. Upon entry of a
6 disposition for an eligible record under this subsection
7 (c), the petitioner shall be informed by the court of the
8 right to have the records sealed and the procedures for the
9 sealing of the records.
10 (d) Procedure. The following procedures apply to
11expungement under subsections (b), (e), and (e-6) and sealing
12under subsections (c) and (e-5):
13 (1) Filing the petition. Upon becoming eligible to
14 petition for the expungement or sealing of records under
15 this Section, the petitioner shall file a petition
16 requesting the expungement or sealing of records with the
17 clerk of the court where the arrests occurred or the
18 charges were brought, or both. If arrests occurred or
19 charges were brought in multiple jurisdictions, a petition
20 must be filed in each such jurisdiction. The petitioner
21 shall pay the applicable fee, if not waived.
22 (2) Contents of petition. The petition shall be
23 verified and shall contain the petitioner's name, date of
24 birth, current address and, for each arrest or charge not
25 initiated by arrest sought to be sealed or expunged, the
26 case number, the date of arrest (if any), the identity of

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1 the arresting authority, and such other information as the
2 court may require. During the pendency of the proceeding,
3 the petitioner shall promptly notify the circuit court
4 clerk of any change of his or her address. If the
5 petitioner has received a certificate of eligibility for
6 sealing from the Prisoner Review Board under paragraph (10)
7 of subsection (a) of Section 3-3-2 of the Unified Code of
8 Corrections, the certificate shall be attached to the
9 petition.
10 (3) Drug test. The petitioner must attach to the
11 petition proof that the petitioner has passed a test taken
12 within 30 days before the filing of the petition showing
13 the absence within his or her body of all illegal
14 substances as defined by the Illinois Controlled
15 Substances Act, the Methamphetamine Control and Community
16 Protection Act, and the Cannabis Control Act if he or she
17 is petitioning to:
18 (A) seal felony records under clause (c)(2)(E);
19 (B) seal felony records for a violation of the
20 Illinois Controlled Substances Act, the
21 Methamphetamine Control and Community Protection Act,
22 or the Cannabis Control Act under clause (c)(2)(F);
23 (C) seal felony records under subsection (e-5); or
24 (D) expunge felony records of a qualified
25 probation under clause (b)(1)(B)(iv).
26 (4) Service of petition. The circuit court clerk shall

HB4137 Engrossed- 81 -LRB099 07987 AMC 28127 b
1 promptly serve a copy of the petition and documentation to
2 support the petition under subsection (e-5) or (e-6) on the
3 State's Attorney or prosecutor charged with the duty of
4 prosecuting the offense, the Department of State Police,
5 the arresting agency and the chief legal officer of the
6 unit of local government effecting the arrest.
7 (5) Objections.
8 (A) Any party entitled to notice of the petition
9 may file an objection to the petition. All objections
10 shall be in writing, shall be filed with the circuit
11 court clerk, and shall state with specificity the basis
12 of the objection. Whenever a person who has been
13 convicted of an offense is granted a pardon by the
14 Governor which specifically authorizes expungement, an
15 objection to the petition may not be filed.
16 (B) Objections to a petition to expunge or seal
17 must be filed within 60 days of the date of service of
18 the petition.
19 (6) Entry of order.
20 (A) The Chief Judge of the circuit wherein the
21 charge was brought, any judge of that circuit
22 designated by the Chief Judge, or in counties of less
23 than 3,000,000 inhabitants, the presiding trial judge
24 at the petitioner's trial, if any, shall rule on the
25 petition to expunge or seal as set forth in this
26 subsection (d)(6).

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

HB4137 Engrossed- 83 -LRB099 07987 AMC 28127 b
1 the filing of the petition under this Section; and
2 (E) the specific adverse consequences the
3 petitioner may be subject to if the petition is denied.
4 (8) Service of order. After entering an order to
5 expunge or seal records, the court must provide copies of
6 the order to the Department, in a form and manner
7 prescribed by the Department, to the petitioner, to the
8 State's Attorney or prosecutor charged with the duty of
9 prosecuting the offense, to the arresting agency, to the
10 chief legal officer of the unit of local government
11 effecting the arrest, and to such other criminal justice
12 agencies as may be ordered by the court.
13 (9) Implementation of order.
14 (A) Upon entry of an order to expunge records
15 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
16 (i) the records shall be expunged (as defined
17 in subsection (a)(1)(E)) by the arresting agency,
18 the Department, and any other agency as ordered by
19 the court, within 60 days of the date of service of
20 the order, unless a motion to vacate, modify, or
21 reconsider the order is filed pursuant to
22 paragraph (12) of subsection (d) of this Section;
23 (ii) the records of the circuit court clerk
24 shall be impounded until further order of the court
25 upon good cause shown and the name of the
26 petitioner obliterated on the official index

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

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

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

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

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1 the issuance of the court's mandate. The notice is not
2 required while any motion to vacate, modify, or
3 reconsider, or any appeal or petition for
4 discretionary appellate review, is pending.
5 (10) Fees. The Department may charge the petitioner a
6 fee equivalent to the cost of processing any order to
7 expunge or seal records. Notwithstanding any provision of
8 the Clerks of Courts Act to the contrary, the circuit court
9 clerk may charge a fee equivalent to the cost associated
10 with the sealing or expungement of records by the circuit
11 court clerk. From the total filing fee collected for the
12 petition to seal or expunge, the circuit court clerk shall
13 deposit $10 into the Circuit Court Clerk Operation and
14 Administrative Fund, to be used to offset the costs
15 incurred by the circuit court clerk in performing the
16 additional duties required to serve the petition to seal or
17 expunge on all parties. The circuit court clerk shall
18 collect and forward the Department of State Police portion
19 of the fee to the Department and it shall be deposited in
20 the State Police Services Fund.
21 (11) Final Order. No court order issued under the
22 expungement or sealing provisions of this Section shall
23 become final for purposes of appeal until 30 days after
24 service of the order on the petitioner and all parties
25 entitled to notice of the petition.
26 (12) Motion to Vacate, Modify, or Reconsider. Under

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

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1 filed under paragraph (12) of this subsection (d) or is
2 appealing the order.
3 (15) Compliance with Order Granting Petition to
4 Expunge Records. While a party is seeking relief from the
5 order granting the petition to expunge through a motion
6 filed under paragraph (12) of this subsection (d) or is
7 appealing the order, and unless a court has entered a stay
8 of that order, the parties entitled to notice of the
9 petition must seal, but need not expunge, the records until
10 there is a final order on the motion for relief or, in the
11 case of an appeal, the issuance of that court's mandate.
12 (16) The changes to this subsection (d) made by Public
13 Act 98-163 apply to all petitions pending on August 5, 2013
14 (the effective date of Public Act 98-163) and to all orders
15 ruling on a petition to expunge or seal on or after August
16 5, 2013 (the effective date of Public Act 98-163).
17 (e) Whenever a person who has been convicted of an offense
18is granted a pardon by the Governor which specifically
19authorizes expungement, he or she may, upon verified petition
20to the Chief Judge of the circuit where the person had been
21convicted, any judge of the circuit designated by the Chief
22Judge, or in counties of less than 3,000,000 inhabitants, the
23presiding trial judge at the defendant's trial, have a court
24order entered expunging the record of arrest from the official
25records of the arresting authority and order that the records
26of the circuit court clerk and the Department be sealed until

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

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

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

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1of Corrections shall conduct a study of the impact of sealing,
2especially on employment and recidivism rates, utilizing a
3random sample of those who apply for the sealing of their
4criminal records under Public Act 93-211. At the request of the
5Illinois Department of Corrections, records of the Illinois
6Department of Employment Security shall be utilized as
7appropriate to assist in the study. The study shall not
8disclose any data in a manner that would allow the
9identification of any particular individual or employing unit.
10The study shall be made available to the General Assembly no
11later than September 1, 2010.
12(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
1397-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
141-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
15eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
16eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
17eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
1898-1009, eff. 1-1-15; revised 9-30-14.)
19 Section 105. The Illinois Health Facilities Planning Act is
20amended by changing Sections 3 and 12 as follows:
21 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
22 (Section scheduled to be repealed on December 31, 2019)
23 Sec. 3. Definitions. As used in this Act:
24 "Health care facilities" means and includes the following

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1facilities, organizations, and related persons:
2 (1) An ambulatory surgical treatment center required
3 to be licensed pursuant to the Ambulatory Surgical
4 Treatment Center Act.
5 (2) An institution, place, building, or agency
6 required to be licensed pursuant to the Hospital Licensing
7 Act.
8 (3) Skilled and intermediate long term care facilities
9 licensed under the Nursing Home Care Act.
10 (A) If a demonstration project under the Nursing
11 Home Care Act applies for a certificate of need to
12 convert to a nursing facility, it shall meet the
13 licensure and certificate of need requirements in
14 effect as of the date of application.
15 (B) Except as provided in item (A) of this
16 subsection, this Act does not apply to facilities
17 granted waivers under Section 3-102.2 of the Nursing
18 Home Care Act.
19 (3.5) Skilled and intermediate care facilities
20 licensed under the ID/DD Community Care Act. (A) No permit
21 or exemption is required for a facility licensed under the
22 ID/DD Community Care Act prior to the reduction of the
23 number of beds at a facility. If there is a total reduction
24 of beds at a facility licensed under the ID/DD Community
25 Care Act, this is a discontinuation or closure of the
26 facility. If a facility licensed under the ID/DD Community

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1 Care Act reduces the number of beds or discontinues the
2 facility, that facility must notify the Board as provided
3 in Section 14.1 of this Act.
4 (3.7) Facilities licensed under the Specialized Mental
5 Health Rehabilitation Act of 2013.
6 (4) Hospitals, nursing homes, ambulatory surgical
7 treatment centers, or kidney disease treatment centers
8 maintained by the State or any department or agency
9 thereof.
10 (5) Kidney disease treatment centers, including a
11 free-standing hemodialysis unit required to be licensed
12 under the End Stage Renal Disease Facility Act.
13 (A) This Act does not apply to a dialysis facility
14 that provides only dialysis training, support, and
15 related services to individuals with end stage renal
16 disease who have elected to receive home dialysis.
17 (B) This Act does not apply to a dialysis unit
18 located in a licensed nursing home that offers or
19 provides dialysis-related services to residents with
20 end stage renal disease who have elected to receive
21 home dialysis within the nursing home.
22 (C) The Board, however, may require dialysis
23 facilities and licensed nursing homes under items (A)
24 and (B) of this subsection to report statistical
25 information on a quarterly basis to the Board to be
26 used by the Board to conduct analyses on the need for

HB4137 Engrossed- 97 -LRB099 07987 AMC 28127 b
1 proposed kidney disease treatment centers.
2 (6) An institution, place, building, or room used for
3 the performance of outpatient surgical procedures that is
4 leased, owned, or operated by or on behalf of an
5 out-of-state facility.
6 (7) An institution, place, building, or room used for
7 provision of a health care category of service, including,
8 but not limited to, cardiac catheterization and open heart
9 surgery.
10 (8) An institution, place, building, or room housing
11 major medical equipment used in the direct clinical
12 diagnosis or treatment of patients, and whose project cost
13 is in excess of the capital expenditure minimum.
14 "Health care facilities" does not include the following
15entities or facility transactions:
16 (1) Federally-owned facilities.
17 (2) Facilities used solely for healing by prayer or
18 spiritual means.
19 (3) An existing facility located on any campus facility
20 as defined in Section 5-5.8b of the Illinois Public Aid
21 Code, provided that the campus facility encompasses 30 or
22 more contiguous acres and that the new or renovated
23 facility is intended for use by a licensed residential
24 facility.
25 (4) Facilities licensed under the Supportive
26 Residences Licensing Act or the Assisted Living and Shared

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1 Housing Act.
2 (5) Facilities designated as supportive living
3 facilities that are in good standing with the program
4 established under Section 5-5.01a of the Illinois Public
5 Aid Code.
6 (6) Facilities established and operating under the
7 Alternative Health Care Delivery Act as a children's
8 community-based health care center children's respite care
9 center alternative health care model demonstration program
10 or as an Alzheimer's Disease Management Center alternative
11 health care model demonstration program.
12 (7) The closure of an entity or a portion of an entity
13 licensed under the Nursing Home Care Act, the Specialized
14 Mental Health Rehabilitation Act of 2013, or the ID/DD
15 Community Care Act, with the exception of facilities
16 operated by a county or Illinois Veterans Homes, that elect
17 to convert, in whole or in part, to an assisted living or
18 shared housing establishment licensed under the Assisted
19 Living and Shared Housing Act and with the exception of a
20 facility licensed under the Specialized Mental Health
21 Rehabilitation Act of 2013 in connection with a proposal to
22 close a facility and re-establish the facility in another
23 location.
24 (8) Any change of ownership of a health care healthcare
25 facility that is licensed under the Nursing Home Care Act,
26 the Specialized Mental Health Rehabilitation Act of 2013,

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1 or the ID/DD Community Care Act, with the exception of
2 facilities operated by a county or Illinois Veterans Homes.
3 Changes of ownership of facilities licensed under the
4 Nursing Home Care Act must meet the requirements set forth
5 in Sections 3-101 through 3-119 of the Nursing Home Care
6 Act. children's community-based health care center of 2013
7 and with the exception of a facility licensed under the
8 Specialized Mental Health Rehabilitation Act of 2013 in
9 connection with a proposal to close a facility and
10 re-establish the facility in another location of 2013
11 With the exception of those health care facilities
12specifically included in this Section, nothing in this Act
13shall be intended to include facilities operated as a part of
14the practice of a physician or other licensed health care
15professional, whether practicing in his individual capacity or
16within the legal structure of any partnership, medical or
17professional corporation, or unincorporated medical or
18professional group. Further, this Act shall not apply to
19physicians or other licensed health care professional's
20practices where such practices are carried out in a portion of
21a health care facility under contract with such health care
22facility by a physician or by other licensed health care
23professionals, whether practicing in his individual capacity
24or within the legal structure of any partnership, medical or
25professional corporation, or unincorporated medical or
26professional groups, unless the entity constructs, modifies,

HB4137 Engrossed- 100 -LRB099 07987 AMC 28127 b
1or establishes a health care facility as specifically defined
2in this Section. This Act shall apply to construction or
3modification and to establishment by such health care facility
4of such contracted portion which is subject to facility
5licensing requirements, irrespective of the party responsible
6for such action or attendant financial obligation.
7 "Person" means any one or more natural persons, legal
8entities, governmental bodies other than federal, or any
9combination thereof.
10 "Consumer" means any person other than a person (a) whose
11major occupation currently involves or whose official capacity
12within the last 12 months has involved the providing,
13administering or financing of any type of health care facility,
14(b) who is engaged in health research or the teaching of
15health, (c) who has a material financial interest in any
16activity which involves the providing, administering or
17financing of any type of health care facility, or (d) who is or
18ever has been a member of the immediate family of the person
19defined by (a), (b), or (c).
20 "State Board" or "Board" means the Health Facilities and
21Services Review Board.
22 "Construction or modification" means the establishment,
23erection, building, alteration, reconstruction, modernization,
24improvement, extension, discontinuation, change of ownership,
25of or by a health care facility, or the purchase or acquisition
26by or through a health care facility of equipment or service

HB4137 Engrossed- 101 -LRB099 07987 AMC 28127 b
1for diagnostic or therapeutic purposes or for facility
2administration or operation, or any capital expenditure made by
3or on behalf of a health care facility which exceeds the
4capital expenditure minimum; however, any capital expenditure
5made by or on behalf of a health care facility for (i) the
6construction or modification of a facility licensed under the
7Assisted Living and Shared Housing Act or (ii) a conversion
8project undertaken in accordance with Section 30 of the Older
9Adult Services Act shall be excluded from any obligations under
10this Act.
11 "Establish" means the construction of a health care
12facility or the replacement of an existing facility on another
13site or the initiation of a category of service.
14 "Major medical equipment" means medical equipment which is
15used for the provision of medical and other health services and
16which costs in excess of the capital expenditure minimum,
17except that such term does not include medical equipment
18acquired by or on behalf of a clinical laboratory to provide
19clinical laboratory services if the clinical laboratory is
20independent of a physician's office and a hospital and it has
21been determined under Title XVIII of the Social Security Act to
22meet the requirements of paragraphs (10) and (11) of Section
231861(s) of such Act. In determining whether medical equipment
24has a value in excess of the capital expenditure minimum, the
25value of studies, surveys, designs, plans, working drawings,
26specifications, and other activities essential to the

HB4137 Engrossed- 102 -LRB099 07987 AMC 28127 b
1acquisition of such equipment shall be included.
2 "Capital Expenditure" means an expenditure: (A) made by or
3on behalf of a health care facility (as such a facility is
4defined in this Act); and (B) which under generally accepted
5accounting principles is not properly chargeable as an expense
6of operation and maintenance, or is made to obtain by lease or
7comparable arrangement any facility or part thereof or any
8equipment for a facility or part; and which exceeds the capital
9expenditure minimum.
10 For the purpose of this paragraph, the cost of any studies,
11surveys, designs, plans, working drawings, specifications, and
12other activities essential to the acquisition, improvement,
13expansion, or replacement of any plant or equipment with
14respect to which an expenditure is made shall be included in
15determining if such expenditure exceeds the capital
16expenditures minimum. Unless otherwise interdependent, or
17submitted as one project by the applicant, components of
18construction or modification undertaken by means of a single
19construction contract or financed through the issuance of a
20single debt instrument shall not be grouped together as one
21project. Donations of equipment or facilities to a health care
22facility which if acquired directly by such facility would be
23subject to review under this Act shall be considered capital
24expenditures, and a transfer of equipment or facilities for
25less than fair market value shall be considered a capital
26expenditure for purposes of this Act if a transfer of the

HB4137 Engrossed- 103 -LRB099 07987 AMC 28127 b
1equipment or facilities at fair market value would be subject
2to review.
3 "Capital expenditure minimum" means $11,500,000 for
4projects by hospital applicants, $6,500,000 for applicants for
5projects related to skilled and intermediate care long-term
6care facilities licensed under the Nursing Home Care Act, and
7$3,000,000 for projects by all other applicants, which shall be
8annually adjusted to reflect the increase in construction costs
9due to inflation, for major medical equipment and for all other
10capital expenditures.
11 "Non-clinical service area" means an area (i) for the
12benefit of the patients, visitors, staff, or employees of a
13health care facility and (ii) not directly related to the
14diagnosis, treatment, or rehabilitation of persons receiving
15services from the health care facility. "Non-clinical service
16areas" include, but are not limited to, chapels; gift shops;
17news stands; computer systems; tunnels, walkways, and
18elevators; telephone systems; projects to comply with life
19safety codes; educational facilities; student housing;
20patient, employee, staff, and visitor dining areas;
21administration and volunteer offices; modernization of
22structural components (such as roof replacement and masonry
23work); boiler repair or replacement; vehicle maintenance and
24storage facilities; parking facilities; mechanical systems for
25heating, ventilation, and air conditioning; loading docks; and
26repair or replacement of carpeting, tile, wall coverings,

HB4137 Engrossed- 104 -LRB099 07987 AMC 28127 b
1window coverings or treatments, or furniture. Solely for the
2purpose of this definition, "non-clinical service area" does
3not include health and fitness centers.
4 "Areawide" means a major area of the State delineated on a
5geographic, demographic, and functional basis for health
6planning and for health service and having within it one or
7more local areas for health planning and health service. The
8term "region", as contrasted with the term "subregion", and the
9word "area" may be used synonymously with the term "areawide".
10 "Local" means a subarea of a delineated major area that on
11a geographic, demographic, and functional basis may be
12considered to be part of such major area. The term "subregion"
13may be used synonymously with the term "local".
14 "Physician" means a person licensed to practice in
15accordance with the Medical Practice Act of 1987, as amended.
16 "Licensed health care professional" means a person
17licensed to practice a health profession under pertinent
18licensing statutes of the State of Illinois.
19 "Director" means the Director of the Illinois Department of
20Public Health.
21 "Agency" means the Illinois Department of Public Health.
22 "Alternative health care model" means a facility or program
23authorized under the Alternative Health Care Delivery Act.
24 "Out-of-state facility" means a person that is both (i)
25licensed as a hospital or as an ambulatory surgery center under
26the laws of another state or that qualifies as a hospital or an

HB4137 Engrossed- 105 -LRB099 07987 AMC 28127 b
1ambulatory surgery center under regulations adopted pursuant
2to the Social Security Act and (ii) not licensed under the
3Ambulatory Surgical Treatment Center Act, the Hospital
4Licensing Act, or the Nursing Home Care Act. Affiliates of
5out-of-state facilities shall be considered out-of-state
6facilities. Affiliates of Illinois licensed health care
7facilities 100% owned by an Illinois licensed health care
8facility, its parent, or Illinois physicians licensed to
9practice medicine in all its branches shall not be considered
10out-of-state facilities. Nothing in this definition shall be
11construed to include an office or any part of an office of a
12physician licensed to practice medicine in all its branches in
13Illinois that is not required to be licensed under the
14Ambulatory Surgical Treatment Center Act.
15 "Change of ownership of a health care facility" means a
16change in the person who has ownership or control of a health
17care facility's physical plant and capital assets. A change in
18ownership is indicated by the following transactions: sale,
19transfer, acquisition, lease, change of sponsorship, or other
20means of transferring control.
21 "Related person" means any person that: (i) is at least 50%
22owned, directly or indirectly, by either the health care
23facility or a person owning, directly or indirectly, at least
2450% of the health care facility; or (ii) owns, directly or
25indirectly, at least 50% of the health care facility.
26 "Charity care" means care provided by a health care

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1facility for which the provider does not expect to receive
2payment from the patient or a third-party payer.
3 "Freestanding emergency center" means a facility subject
4to licensure under Section 32.5 of the Emergency Medical
5Services (EMS) Systems Act.
6 "Category of service" means a grouping by generic class of
7various types or levels of support functions, equipment, care,
8or treatment provided to patients or residents, including, but
9not limited to, classes such as medical-surgical, pediatrics,
10or cardiac catheterization. A category of service may include
11subcategories or levels of care that identify a particular
12degree or type of care within the category of service. Nothing
13in this definition shall be construed to include the practice
14of a physician or other licensed health care professional while
15functioning in an office providing for the care, diagnosis, or
16treatment of patients. A category of service that is subject to
17the Board's jurisdiction must be designated in rules adopted by
18the Board.
19 "State Board Staff Report" means the document that sets
20forth the review and findings of the State Board staff, as
21prescribed by the State Board, regarding applications subject
22to Board jurisdiction.
23(Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813,
24eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14;
2598-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff.
268-26-14; revised 10-22-14.)

HB4137 Engrossed- 107 -LRB099 07987 AMC 28127 b
1 (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
2 (Section scheduled to be repealed on December 31, 2019)
3 Sec. 12. Powers and duties of State Board. For purposes of
4this Act, the State Board shall exercise the following powers
5and duties:
6 (1) Prescribe rules, regulations, standards, criteria,
7procedures or reviews which may vary according to the purpose
8for which a particular review is being conducted or the type of
9project reviewed and which are required to carry out the
10provisions and purposes of this Act. Policies and procedures of
11the State Board shall take into consideration the priorities
12and needs of medically underserved areas and other health care
13services identified through the comprehensive health planning
14process, giving special consideration to the impact of projects
15on access to safety net services.
16 (2) Adopt procedures for public notice and hearing on all
17proposed rules, regulations, standards, criteria, and plans
18required to carry out the provisions of this Act.
19 (3) (Blank).
20 (4) Develop criteria and standards for health care
21facilities planning, conduct statewide inventories of health
22care facilities, maintain an updated inventory on the Board's
23web site reflecting the most recent bed and service changes and
24updated need determinations when new census data become
25available or new need formulae are adopted, and develop health

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

HB4137 Engrossed- 109 -LRB099 07987 AMC 28127 b
1 of multi-institutional systems where feasible;
2 (g) The financial and economic feasibility of proposed
3 construction or modification; and
4 (h) In the case of health care facilities established
5 by a religious body or denomination, the needs of the
6 members of such religious body or denomination may be
7 considered to be public need.
8 The health care facility plans which are developed and
9adopted in accordance with this Section shall form the basis
10for the plan of the State to deal most effectively with
11statewide health needs in regard to health care facilities.
12 (5) Coordinate with the Center for Comprehensive Health
13Planning and other state agencies having responsibilities
14affecting health care facilities, including those of licensure
15and cost reporting. Beginning no later than January 1, 2013,
16the Department of Public Health shall produce a written annual
17report to the Governor and the General Assembly regarding the
18development of the Center for Comprehensive Health Planning.
19The Chairman of the State Board and the State Board
20Administrator shall also receive a copy of the annual report.
21 (6) Solicit, accept, hold and administer on behalf of the
22State any grants or bequests of money, securities or property
23for use by the State Board or Center for Comprehensive Health
24Planning in the administration of this Act; and enter into
25contracts consistent with the appropriations for purposes
26enumerated in this Act.

HB4137 Engrossed- 110 -LRB099 07987 AMC 28127 b
1 (7) The State Board shall prescribe procedures for review,
2standards, and criteria which shall be utilized to make
3periodic reviews and determinations of the appropriateness of
4any existing health services being rendered by health care
5facilities subject to the Act. The State Board shall consider
6recommendations of the Board in making its determinations.
7 (8) Prescribe, in consultation with the Center for
8Comprehensive Health Planning, rules, regulations, standards,
9and criteria for the conduct of an expeditious review of
10applications for permits for projects of construction or
11modification of a health care facility, which projects are
12classified as emergency, substantive, or non-substantive in
13nature.
14 Six months after June 30, 2009 (the effective date of
15Public Act 96-31), substantive projects shall include no more
16than the following:
17 (a) Projects to construct (1) a new or replacement
18 facility located on a new site or (2) a replacement
19 facility located on the same site as the original facility
20 and the cost of the replacement facility exceeds the
21 capital expenditure minimum, which shall be reviewed by the
22 Board within 120 days;
23 (b) Projects proposing a (1) new service within an
24 existing healthcare facility or (2) discontinuation of a
25 service within an existing healthcare facility, which
26 shall be reviewed by the Board within 60 days; or

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

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1 (10) Prescribe rules, regulations, standards and criteria
2for the conduct of an expeditious review, not exceeding 60
3days, of applications for permits for projects to construct or
4modify health care facilities which are needed for the care and
5treatment of persons who have acquired immunodeficiency
6syndrome (AIDS) or related conditions.
7 (11) Issue written decisions upon request of the applicant
8or an adversely affected party to the Board. Requests for a
9written decision shall be made within 15 days after the Board
10meeting in which a final decision has been made. A "final
11decision" for purposes of this Act is the decision to approve
12or deny an application, or take other actions permitted under
13this Act, at the time and date of the meeting that such action
14is scheduled by the Board. State Board members shall provide
15their rationale when voting on an item before the State Board
16at a State Board meeting in order to comply with subsection (b)
17of Section 3-108 of the Administrative Review Law of the Code
18of Civil Procedure. The transcript of the State Board meeting
19shall be incorporated into the Board's final decision. The
20staff of the Board shall prepare a written copy of the final
21decision and the Board shall approve a final copy for inclusion
22in the formal record. The Board shall consider, for approval,
23the written draft of the final decision no later than the next
24scheduled Board meeting. The written decision shall identify
25the applicable criteria and factors listed in this Act and the
26Board's regulations that were taken into consideration by the

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1Board when coming to a final decision. If the Board denies or
2fails to approve an application for permit or exemption, the
3Board shall include in the final decision a detailed
4explanation as to why the application was denied and identify
5what specific criteria or standards the applicant did not
6fulfill.
7 (12) Require at least one of its members to participate in
8any public hearing, after the appointment of a majority of the
9members to the Board.
10 (13) Provide a mechanism for the public to comment on, and
11request changes to, draft rules and standards.
12 (14) Implement public information campaigns to regularly
13inform the general public about the opportunity for public
14hearings and public hearing procedures.
15 (15) Establish a separate set of rules and guidelines for
16long-term care that recognizes that nursing homes are a
17different business line and service model from other regulated
18facilities. An open and transparent process shall be developed
19that considers the following: how skilled nursing fits in the
20continuum of care with other care providers, modernization of
21nursing homes, establishment of more private rooms,
22development of alternative services, and current trends in
23long-term care services. The Chairman of the Board shall
24appoint a permanent Health Services Review Board Long-term Care
25Facility Advisory Subcommittee that shall develop and
26recommend to the Board the rules to be established by the Board

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1under this paragraph (15). The Subcommittee shall also provide
2continuous review and commentary on policies and procedures
3relative to long-term care and the review of related projects.
4In consultation with other experts from the health field of
5long-term care, the Board and the Subcommittee shall study new
6approaches to the current bed need formula and Health Service
7Area boundaries to encourage flexibility and innovation in
8design models reflective of the changing long-term care
9marketplace and consumer preferences. The Subcommittee shall
10evaluate, and make recommendations to the State Board
11regarding, the buying, selling, and exchange of beds between
12long-term care facilities within a specified geographic area or
13drive time. The Board shall file the proposed related
14administrative rules for the separate rules and guidelines for
15long-term care required by this paragraph (15) by no later than
16September 30, 2011. The Subcommittee shall be provided a
17reasonable and timely opportunity to review and comment on any
18review, revision, or updating of the criteria, standards,
19procedures, and rules used to evaluate project applications as
20provided under Section 12.3 of this Act.
21 (16) Prescribe and provide forms pertaining to the State
22Board Staff Report. A State Board Staff Report shall pertain to
23applications that include, but are not limited to, applications
24for permit or exemption, applications for permit renewal,
25applications for extension of the obligation period,
26applications requesting a declaratory ruling, or applications

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1under the Health Care Worker Self-Referral Self Referral Act.
2State Board Staff Reports shall compare applications to the
3relevant review criteria under the Board's rules.
4 (17) (16) Establish a separate set of rules and guidelines
5for facilities licensed under the Specialized Mental Health
6Rehabilitation Act of 2013. An application for the
7re-establishment of a facility in connection with the
8relocation of the facility shall not be granted unless the
9applicant has a contractual relationship with at least one
10hospital to provide emergency and inpatient mental health
11services required by facility consumers, and at least one
12community mental health agency to provide oversight and
13assistance to facility consumers while living in the facility,
14and appropriate services, including case management, to assist
15them to prepare for discharge and reside stably in the
16community thereafter. No new facilities licensed under the
17Specialized Mental Health Rehabilitation Act of 2013 shall be
18established after June 16, 2014 (the effective date of Public
19Act 98-651) this amendatory Act of the 98th General Assembly
20except in connection with the relocation of an existing
21facility to a new location. An application for a new location
22shall not be approved unless there are adequate community
23services accessible to the consumers within a reasonable
24distance, or by use of public transportation, so as to
25facilitate the goal of achieving maximum individual self-care
26and independence. At no time shall the total number of

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1authorized beds under this Act in facilities licensed under the
2Specialized Mental Health Rehabilitation Act of 2013 exceed the
3number of authorized beds on June 16, 2014 (the effective date
4of Public Act 98-651) this amendatory Act of the 98th General
5Assembly.
6(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
7eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;
898-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.
96-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
10 Section 110. The Home Repair and Construction Task Force
11Act is amended by changing Section 20 as follows:
12 (20 ILCS 5050/20)
13 (Section scheduled to be repealed on January 1, 2016)
14 Sec. 20. Duties. The Task Force shall:
15 (1) discuss whether the residents of Illinois would
16 benefit from legislation requiring home repair and
17 construction service providers to obtain a license from the
18 Department of Financial and Professional Regulation before
19 offering these theses services in Illinois;
20 (2) if it is determined that licensure is required,
21 determine:
22 (A) the requirements applicants must meet to
23 qualify for a license;
24 (B) grounds for denial or revocation of a license;

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1 and
2 (C) any other considerations relevant to a
3 licensing requirement; and
4 (3) make recommendations to the General Assembly.
5(Source: P.A. 98-1030, eff. 8-25-14; revised 11-25-14.)
6 Section 115. The State Finance Act is amended by setting
7forth and renumbering multiple versions of Section 5.855 and by
8changing Sections 6z-43 and 8.12 as follows:
9 (30 ILCS 105/5.855)
10 Sec. 5.855. The Special Olympics Illinois and Special
11Children's Charities Fund.
12(Source: P.A. 98-649, eff. 6-16-14.)
13 (30 ILCS 105/5.856)
14 Sec. 5.856 5.855. The Supportive Living Facility Fund.
15(Source: P.A. 98-651, eff. 6-16-14; revised 9-23-14.)
16 (30 ILCS 105/5.857)
17 (Section scheduled to be repealed on July 1, 2016)
18 Sec. 5.857 5.855. The Capital Development Board Revolving
19Fund. This Section is repealed July 1, 2016.
20(Source: P.A. 98-674, eff. 6-30-14; revised 9-23-14.)
21 (30 ILCS 105/5.858)

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1 Sec. 5.858 5.855. The Hospital Licensure Fund.
2(Source: P.A. 98-683, eff. 6-30-14; revised 9-23-14.)
3 (30 ILCS 105/5.859)
4 Sec. 5.859 5.855. The Illinois National Guard Billeting
5Fund.
6(Source: P.A. 98-733, eff. 7-16-14; revised 9-23-14.)
7 (30 ILCS 105/5.860)
8 Sec. 5.860 5.855. The Job Opportunities for Qualified
9Applicants Enforcement Fund.
10(Source: P.A. 98-774, eff. 1-1-15; revised 9-23-14.)
11 (30 ILCS 105/5.861)
12 Sec. 5.861 5.855. The Distance Learning Fund.
13(Source: P.A. 98-792, eff. 1-1-15; revised 9-23-14.)
14 (30 ILCS 105/5.862)
15 Sec. 5.862 5.855. The State Treasurer's Administrative
16Fund.
17(Source: P.A. 98-965, eff. 8-15-14; revised 9-23-14.)
18 (30 ILCS 105/5.863)
19 Sec. 5.863 5.855. The Stroke Data Collection Fund.
20(Source: P.A. 98-1001, eff. 1-1-15; revised 9-23-14.)

HB4137 Engrossed- 119 -LRB099 07987 AMC 28127 b
1 (30 ILCS 105/5.864)
2 Sec. 5.864 5.855. The Natural Resources Restoration Trust
3Fund.
4(Source: P.A. 98-1010, eff. 8-19-14; revised 9-23-14.)
5 (30 ILCS 105/5.865)
6 Sec. 5.865 5.855. The Specialized Services for Survivors of
7Human Trafficking Fund.
8(Source: P.A. 98-1013, eff. 1-1-15; revised 9-23-14.)
9 (30 ILCS 105/5.867)
10 (This Section may contain text from a Public Act with a
11delayed effective date)
12 Sec. 5.867 5.855. The Illinois Secure Choice
13Administrative Fund.
14(Source: P.A. 98-1150, eff. 6-1-15; revised 2-2-15.)
15 (30 ILCS 105/6z-43)
16 Sec. 6z-43. Tobacco Settlement Recovery Fund.
17 (a) There is created in the State Treasury a special fund
18to be known as the Tobacco Settlement Recovery Fund, which
19shall contain 3 accounts: (i) the General Account, (ii) the
20Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco
21Settlement Residual Account. There shall be deposited into the
22several accounts of the Tobacco Settlement Recovery Fund and
23the Attorney General Tobacco Fund all monies paid to the State

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1pursuant to (1) the Master Settlement Agreement entered in the
2case of People of the State of Illinois v. Philip Morris, et
3al. (Circuit Court of Cook County, No. 96-L13146) and (2) any
4settlement with or judgment against any tobacco product
5manufacturer other than one participating in the Master
6Settlement Agreement in satisfaction of any released claim as
7defined in the Master Settlement Agreement, as well as any
8other monies as provided by law. Moneys shall be deposited into
9the Tobacco Settlement Bond Proceeds Account and the Tobacco
10Settlement Residual Account as provided by the terms of the
11Railsplitter Tobacco Settlement Authority Act, provided that
12an annual amount not less than $2,500,000, subject to
13appropriation, shall be deposited into the Attorney General
14Tobacco Fund for use only by the Attorney General's office. The
15scheduled $2,500,000 deposit into the Tobacco Settlement
16Residual Account for fiscal year 2011 should be transferred to
17the Attorney General Tobacco Fund in fiscal year 2012 as soon
18as this fund has been established. All other moneys available
19to be deposited into the Tobacco Settlement Recovery Fund shall
20be deposited into the General Account. An investment made from
21moneys credited to a specific account constitutes part of that
22account and such account shall be credited with all income from
23the investment of such moneys. The Treasurer may invest the
24moneys in the several accounts the Fund in the same manner, in
25the same types of investments, and subject to the same
26limitations provided in the Illinois Pension Code for the

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1investment of pension funds other than those established under
2Article 3 or 4 of the Code. Notwithstanding the foregoing, to
3the extent necessary to preserve the tax-exempt status of any
4bonds issued pursuant to the Railsplitter Tobacco Settlement
5Authority Act, the interest on which is intended to be
6excludable from the gross income of the owners for federal
7income tax purposes, moneys on deposit in the Tobacco
8Settlement Bond Proceeds Account and the Tobacco Settlement
9Residual Account may be invested in obligations the interest
10upon which is tax-exempt under the provisions of Section 103 of
11the Internal Revenue Code of 1986, as now or hereafter amended,
12or any successor code or provision.
13 (b) Moneys on deposit in the Tobacco Settlement Bond
14Proceeds Account and the Tobacco Settlement Residual Account
15may be expended, subject to appropriation, for the purposes
16authorized in subsection (g) of Section 3-6 Section 6(g) of the
17Railsplitter Tobacco Settlement Authority Act.
18 (c) As soon as may be practical after June 30, 2001, upon
19notification from and at the direction of the Governor, the
20State Comptroller shall direct and the State Treasurer shall
21transfer the unencumbered balance in the Tobacco Settlement
22Recovery Fund as of June 30, 2001, as determined by the
23Governor, into the Budget Stabilization Fund. The Treasurer may
24invest the moneys in the Budget Stabilization Fund in the same
25manner, in the same types of investments, and subject to the
26same limitations provided in the Illinois Pension Code for the

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1investment of pension funds other than those established under
2Article 3 or 4 of the Code.
3 (d) All federal financial participation moneys received
4pursuant to expenditures from the Fund shall be deposited into
5the General Account.
6(Source: P.A. 96-958, eff. 7-1-10; 97-72, eff. 7-1-11; revised
712-1-14.)
8 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
9 Sec. 8.12. State Pensions Fund.
10 (a) The moneys in the State Pensions Fund shall be used
11exclusively for the administration of the Uniform Disposition
12of Unclaimed Property Act and for the expenses incurred by the
13Auditor General for administering the provisions of Section
142-8.1 of the Illinois State Auditing Act and for the funding of
15the unfunded liabilities of the designated retirement systems.
16Beginning in State fiscal year 2016, payments to the designated
17retirement systems under this Section shall be in addition to,
18and not in lieu of, any State contributions required under the
19Illinois Pension Code.
20 "Designated retirement systems" means:
21 (1) the State Employees' Retirement System of
22 Illinois;
23 (2) the Teachers' Retirement System of the State of
24 Illinois;
25 (3) the State Universities Retirement System;

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1 (4) the Judges Retirement System of Illinois; and
2 (5) the General Assembly Retirement System.
3 (b) Each year the General Assembly may make appropriations
4from the State Pensions Fund for the administration of the
5Uniform Disposition of Unclaimed Property Act.
6 Each month, the Commissioner of the Office of Banks and
7Real Estate shall certify to the State Treasurer the actual
8expenditures that the Office of Banks and Real Estate incurred
9conducting unclaimed property examinations under the Uniform
10Disposition of Unclaimed Property Act during the immediately
11preceding month. Within a reasonable time following the
12acceptance of such certification by the State Treasurer, the
13State Treasurer shall pay from its appropriation from the State
14Pensions Fund to the Bank and Trust Company Fund, the Savings
15Bank Regulatory Fund, and the Residential Finance Regulatory
16Fund an amount equal to the expenditures incurred by each Fund
17for that month.
18 Each month, the Director of Financial Institutions shall
19certify to the State Treasurer the actual expenditures that the
20Department of Financial Institutions incurred conducting
21unclaimed property examinations under the Uniform Disposition
22of Unclaimed Property Act during the immediately preceding
23month. Within a reasonable time following the acceptance of
24such certification by the State Treasurer, the State Treasurer
25shall pay from its appropriation from the State Pensions Fund
26to the Financial Institution Fund and the Credit Union Fund an

HB4137 Engrossed- 124 -LRB099 07987 AMC 28127 b
1amount equal to the expenditures incurred by each Fund for that
2month.
3 (c) As soon as possible after the effective date of this
4amendatory Act of the 93rd General Assembly, the General
5Assembly shall appropriate from the State Pensions Fund (1) to
6the State Universities Retirement System the amount certified
7under Section 15-165 during the prior year, (2) to the Judges
8Retirement System of Illinois the amount certified under
9Section 18-140 during the prior year, and (3) to the General
10Assembly Retirement System the amount certified under Section
112-134 during the prior year as part of the required State
12contributions to each of those designated retirement systems;
13except that amounts appropriated under this subsection (c) in
14State fiscal year 2005 shall not reduce the amount in the State
15Pensions Fund below $5,000,000. If the amount in the State
16Pensions Fund does not exceed the sum of the amounts certified
17in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
18the amount paid to each designated retirement system under this
19subsection shall be reduced in proportion to the amount
20certified by each of those designated retirement systems.
21 (c-5) For fiscal years 2006 through 2015, the General
22Assembly shall appropriate from the State Pensions Fund to the
23State Universities Retirement System the amount estimated to be
24available during the fiscal year in the State Pensions Fund;
25provided, however, that the amounts appropriated under this
26subsection (c-5) shall not reduce the amount in the State

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1Pensions Fund below $5,000,000.
2 (c-6) For fiscal year 2016 and each fiscal year thereafter,
3as soon as may be practical after any money is deposited into
4the State Pensions Fund from the Unclaimed Property Trust Fund,
5the State Treasurer shall apportion the deposited amount among
6the designated retirement systems as defined in subsection (a)
7to reduce their actuarial reserve deficiencies. The State
8Comptroller and State Treasurer shall pay the apportioned
9amounts to the designated retirement systems to fund the
10unfunded liabilities of the designated retirement systems. The
11amount apportioned to each designated retirement system shall
12constitute a portion of the amount estimated to be available
13for appropriation from the State Pensions Fund that is the same
14as that retirement system's portion of the total actual reserve
15deficiency of the systems, as determined annually by the
16Governor's Office of Management and Budget at the request of
17the State Treasurer. The amounts apportioned under this
18subsection shall not reduce the amount in the State Pensions
19Fund below $5,000,000.
20 (d) The Governor's Office of Management and Budget shall
21determine the individual and total reserve deficiencies of the
22designated retirement systems. For this purpose, the
23Governor's Office of Management and Budget shall utilize the
24latest available audit and actuarial reports of each of the
25retirement systems and the relevant reports and statistics of
26the Public Employee Pension Fund Division of the Department of

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1Insurance.
2 (d-1) As soon as practicable after the effective date of
3this amendatory Act of the 93rd General Assembly, the
4Comptroller shall direct and the Treasurer shall transfer from
5the State Pensions Fund to the General Revenue Fund, as funds
6become available, a sum equal to the amounts that would have
7been paid from the State Pensions Fund to the Teachers'
8Retirement System of the State of Illinois, the State
9Universities Retirement System, the Judges Retirement System
10of Illinois, the General Assembly Retirement System, and the
11State Employees' Retirement System of Illinois after the
12effective date of this amendatory Act during the remainder of
13fiscal year 2004 to the designated retirement systems from the
14appropriations provided for in this Section if the transfers
15provided in Section 6z-61 had not occurred. The transfers
16described in this subsection (d-1) are to partially repay the
17General Revenue Fund for the costs associated with the bonds
18used to fund the moneys transferred to the designated
19retirement systems under Section 6z-61.
20 (e) The changes to this Section made by this amendatory Act
21of 1994 shall first apply to distributions from the Fund for
22State fiscal year 1996.
23(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
24eff. 6-19-13; 98-463, eff. 8-16-13; 98-674, eff. 6-30-14;
2598-1081, eff. 1-1-15; revised 10-1-14.)

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1 Section 120. The Public Funds Investment Act is amended by
2changing Section 6.5 as follows:
3 (30 ILCS 235/6.5)
4 Sec. 6.5. Federally insured deposits at Illinois financial
5institutions.
6 (a) Notwithstanding any other provision of this Act or any
7other statute, whenever a public agency invests public funds in
8an interest-bearing savings account, demand deposit account,
9interest-bearing certificate of deposit, or interest-bearing
10time deposit under Section 2 of this Act, the provisions of
11Section 6 of this Act and any other statutory requirements
12pertaining to the eligibility of a bank to receive or hold
13public deposits or to the pledging of collateral by a bank to
14secure public deposits do not apply to any bank receiving or
15holding all or part of the invested public funds if (i) the
16public agency initiates the investment at or through a bank
17located in Illinois and (ii) the invested public funds are at
18all times fully insured by an agency or instrumentality of the
19federal government.
20 (b) Nothing in this Section is intended to:
21 (1) prohibit a public agency from requiring the bank at
22 or through which the investment of public funds is
23 initiated to provide the public agency with the information
24 otherwise required by subsection (a), (b), or (c) of
25 Section 6 of this Act as a condition of investing the

HB4137 Engrossed- 128 -LRB099 07987 AMC 28127 b
1 public funds at or through that bank; or
2 (2) permit a bank to receive or hold public deposits if
3 that bank is prohibited from doing so by any rule,
4 sanction, or order issued by a regulatory agency or by a
5 court.
6 (c) For purposes of this Section, the term "bank" includes
7any person doing a banking business whether subject to the laws
8of this or any other jurisdiction.
9(Source: P.A. 98-703, eff. 7-7-14; 98-756, eff. 7-16-14;
10revised 10-2-14.)
11 Section 125. The Illinois Coal Technology Development
12Assistance Act is amended by changing Section 3 as follows:
13 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
14 Sec. 3. Transfers to Coal Technology Development
15Assistance Fund Funds. As soon as may be practicable after the
16first day of each month, the Department of Revenue shall
17certify to the Treasurer an amount equal to 1/64 of the revenue
18realized from the tax imposed by the Electricity Excise Tax
19Law, Section 2 of the Public Utilities Revenue Act, Section 2
20of the Messages Tax Act, and Section 2 of the Gas Revenue Tax
21Act, during the preceding month. Upon receipt of the
22certification, the Treasurer shall transfer the amount shown on
23such certification from the General Revenue Fund to the Coal
24Technology Development Assistance Fund, which is hereby

HB4137 Engrossed- 129 -LRB099 07987 AMC 28127 b
1created as a special fund in the State treasury, except that no
2transfer shall be made in any month in which the Fund has
3reached the following balance:
4 (1) $7,000,000 during fiscal year 1994.
5 (2) $8,500,000 during fiscal year 1995.
6 (3) $10,000,000 during fiscal years 1996 and 1997.
7 (4) During fiscal year 1998 through fiscal year 2004,
8 an amount equal to the sum of $10,000,000 plus additional
9 moneys deposited into the Coal Technology Development
10 Assistance Fund from the Renewable Energy Resources and
11 Coal Technology Development Assistance Charge under
12 Section 6.5 of the Renewable Energy, Energy Efficiency, and
13 Coal Resources Development Law of 1997.
14 (5) During fiscal year 2005, an amount equal to the sum
15 of $7,000,000 plus additional moneys deposited into the
16 Coal Technology Development Assistance Fund from the
17 Renewable Energy Resources and Coal Technology Development
18 Assistance Charge under Section 6.5 of the Renewable
19 Energy, Energy Efficiency, and Coal Resources Development
20 Law of 1997.
21 (6) During fiscal year 2006 and each fiscal year
22 thereafter, an amount equal to the sum of $10,000,000 plus
23 additional moneys deposited into the Coal Technology
24 Development Assistance Fund from the Renewable Energy
25 Resources and Coal Technology Development Assistance
26 Charge under Section 6.5 of the Renewable Energy, Energy

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1 Efficiency, and Coal Resources Development Law of 1997.
2(Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)
3 Section 130. The Charitable Trust Stabilization Act is
4amended by changing Section 10 as follows:
5 (30 ILCS 790/10)
6 Sec. 10. The Charitable Trust Stabilization Committee.
7 (a) The Charitable Trust Stabilization Committee is
8created. The Committee consists of the following members:
9 (1) the Attorney General or his or her designee, who
10 shall serve as co-chair of the Committee;
11 (2) a member that represents the Office of the State
12 Treasurer that is appointed by the Treasurer, who shall
13 serve as co-chair of the Committee;
14 (3) the Lieutenant Governor or his or her designee;
15 (4) the Director of Commerce and Economic Opportunity
16 or his or her designee;
17 (5) the chief executive officer of the Division of
18 Financial Institutions in the Department of Financial and
19 Professional Regulation Regulations or his or her
20 designee; and
21 (6) six private citizens, who shall serve a term of 6
22 years, appointed by the State Treasurer with advice and
23 consent of the Senate.
24 (b) The State Treasurer shall adopt rules, including

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1procedures and criteria for grant awards. The Committee must
2meet at least once each calendar quarter, and it may establish
3committees and officers as it deems necessary. For purposes of
4Committee meetings, a quorum is a majority of the members.
5Meetings of the Committee are subject to the Open Meetings Act.
6The Committee must afford an opportunity for public comment at
7each of its meetings.
8 (c) Committee members shall serve without compensation,
9but may be reimbursed for their reasonable travel expenses from
10funds available for that purpose. The Office of the State
11Treasurer shall, subject to appropriation, provide staff and
12administrative support services to the Committee.
13 (d) The State Treasurer shall administer the Charitable
14Trust Stabilization Fund.
15 The State Treasurer may transfer all or a portion of the
16balance of the fund to a third-party administrator to fulfill
17the mission of the Committee and the purposes of the fund in
18accordance with this Act and in compliance with Section 5(c) of
19this Act.
20(Source: P.A. 97-274, eff. 8-8-11; revised 12-1-14.)
21 Section 135. The State Mandates Act is amended by changing
22Section 8.38 as follows:
23 (30 ILCS 805/8.38)
24 Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8

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1of this Act, no reimbursement by the State is required for the
2implementation of any mandate created by Public Act 98-641,
398-666, 98-729, 98-930, or 98-1027 this amendatory Act of the
498th General Assembly.
5(Source: P.A. 98-641, eff. 6-9-14; 98-666, eff. 1-1-15; 98-729,
6eff. 7-26-14; 98-930, eff. 1-1-15; 98-1027, eff. 1-1-15;
7revised 10-6-14.)
8 Section 140. The Illinois Income Tax Act is amended by
9changing Section 901 as follows:
10 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
11 Sec. 901. Collection authority.
12 (a) In general.
13 The Department shall collect the taxes imposed by this Act.
14The Department shall collect certified past due child support
15amounts under Section 2505-650 of the Department of Revenue Law
16(20 ILCS 2505/2505-650). Except as provided in subsections (c),
17(e), (f), (g), and (h) of this Section, money collected
18pursuant to subsections (a) and (b) of Section 201 of this Act
19shall be paid into the General Revenue Fund in the State
20treasury; money collected pursuant to subsections (c) and (d)
21of Section 201 of this Act shall be paid into the Personal
22Property Tax Replacement Fund, a special fund in the State
23Treasury; and money collected under Section 2505-650 of the
24Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid

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1into the Child Support Enforcement Trust Fund, a special fund
2outside the State Treasury, or to the State Disbursement Unit
3established under Section 10-26 of the Illinois Public Aid
4Code, as directed by the Department of Healthcare and Family
5Services.
6 (b) Local Government Distributive Fund.
7 Beginning August 1, 1969, and continuing through June 30,
81994, the Treasurer shall transfer each month from the General
9Revenue Fund to a special fund in the State treasury, to be
10known as the "Local Government Distributive Fund", an amount
11equal to 1/12 of the net revenue realized from the tax imposed
12by subsections (a) and (b) of Section 201 of this Act during
13the preceding month. Beginning July 1, 1994, and continuing
14through June 30, 1995, the Treasurer shall transfer each month
15from the General Revenue Fund to the Local Government
16Distributive Fund an amount equal to 1/11 of the net revenue
17realized from the tax imposed by subsections (a) and (b) of
18Section 201 of this Act during the preceding month. Beginning
19July 1, 1995 and continuing through January 31, 2011, the
20Treasurer shall transfer each month from the General Revenue
21Fund to the Local Government Distributive Fund an amount equal
22to the net of (i) 1/10 of the net revenue realized from the tax
23imposed by subsections (a) and (b) of Section 201 of the
24Illinois Income Tax Act during the preceding month (ii) minus,
25beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
26and beginning July 1, 2004, zero. Beginning February 1, 2011,

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1and continuing through January 31, 2015, the Treasurer shall
2transfer each month from the General Revenue Fund to the Local
3Government Distributive Fund an amount equal to the sum of (i)
46% (10% of the ratio of the 3% individual income tax rate prior
5to 2011 to the 5% individual income tax rate after 2010) of the
6net revenue realized from the tax imposed by subsections (a)
7and (b) of Section 201 of this Act upon individuals, trusts,
8and estates during the preceding month and (ii) 6.86% (10% of
9the ratio of the 4.8% corporate income tax rate prior to 2011
10to the 7% corporate income tax rate after 2010) of the net
11revenue realized from the tax imposed by subsections (a) and
12(b) of Section 201 of this Act upon corporations during the
13preceding month. Beginning February 1, 2015 and continuing
14through January 31, 2025, the Treasurer shall transfer each
15month from the General Revenue Fund to the Local Government
16Distributive Fund an amount equal to the sum of (i) 8% (10% of
17the ratio of the 3% individual income tax rate prior to 2011 to
18the 3.75% individual income tax rate after 2014) of the net
19revenue realized from the tax imposed by subsections (a) and
20(b) of Section 201 of this Act upon individuals, trusts, and
21estates during the preceding month and (ii) 9.14% (10% of the
22ratio of the 4.8% corporate income tax rate prior to 2011 to
23the 5.25% corporate income tax rate after 2014) of the net
24revenue realized from the tax imposed by subsections (a) and
25(b) of Section 201 of this Act upon corporations during the
26preceding month. Beginning February 1, 2025, the Treasurer

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1shall transfer each month from the General Revenue Fund to the
2Local Government Distributive Fund an amount equal to the sum
3of (i) 9.23% (10% of the ratio of the 3% individual income tax
4rate prior to 2011 to the 3.25% individual income tax rate
5after 2024) of the net revenue realized from the tax imposed by
6subsections (a) and (b) of Section 201 of this Act upon
7individuals, trusts, and estates during the preceding month and
8(ii) 10% of the net revenue realized from the tax imposed by
9subsections (a) and (b) of Section 201 of this Act upon
10corporations during the preceding month. Net revenue realized
11for a month shall be defined as the revenue from the tax
12imposed by subsections (a) and (b) of Section 201 of this Act
13which is deposited in the General Revenue Fund, the Education
14Assistance Fund, the Income Tax Surcharge Local Government
15Distributive Fund, the Fund for the Advancement of Education,
16and the Commitment to Human Services Fund during the month
17minus the amount paid out of the General Revenue Fund in State
18warrants during that same month as refunds to taxpayers for
19overpayment of liability under the tax imposed by subsections
20(a) and (b) of Section 201 of this Act.
21 Beginning on August 26, 2014 (the effective date of Public
22Act 98-1052) this amendatory Act of the 98th General Assembly,
23the Comptroller shall perform the transfers required by this
24subsection (b) no later than 60 days after he or she receives
25the certification from the Treasurer as provided in Section 1
26of the State Revenue Sharing Act.

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1 (c) Deposits Into Income Tax Refund Fund.
2 (1) Beginning on January 1, 1989 and thereafter, the
3 Department shall deposit a percentage of the amounts
4 collected pursuant to subsections (a) and (b)(1), (2), and
5 (3), of Section 201 of this Act into a fund in the State
6 treasury known as the Income Tax Refund Fund. The
7 Department shall deposit 6% of such amounts during the
8 period beginning January 1, 1989 and ending on June 30,
9 1989. Beginning with State fiscal year 1990 and for each
10 fiscal year thereafter, the percentage deposited into the
11 Income Tax Refund Fund during a fiscal year shall be the
12 Annual Percentage. For fiscal years 1999 through 2001, the
13 Annual Percentage shall be 7.1%. For fiscal year 2003, the
14 Annual Percentage shall be 8%. For fiscal year 2004, the
15 Annual Percentage shall be 11.7%. Upon the effective date
16 of this amendatory Act of the 93rd General Assembly, the
17 Annual Percentage shall be 10% for fiscal year 2005. For
18 fiscal year 2006, the Annual Percentage shall be 9.75%. For
19 fiscal year 2007, the Annual Percentage shall be 9.75%. For
20 fiscal year 2008, the Annual Percentage shall be 7.75%. For
21 fiscal year 2009, the Annual Percentage shall be 9.75%. For
22 fiscal year 2010, the Annual Percentage shall be 9.75%. For
23 fiscal year 2011, the Annual Percentage shall be 8.75%. For
24 fiscal year 2012, the Annual Percentage shall be 8.75%. For
25 fiscal year 2013, the Annual Percentage shall be 9.75%. For
26 fiscal year 2014, the Annual Percentage shall be 9.5%. For

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1 fiscal year 2015, the Annual Percentage shall be 10%. For
2 all other fiscal years, the Annual Percentage shall be
3 calculated as a fraction, the numerator of which shall be
4 the amount of refunds approved for payment by the
5 Department during the preceding fiscal year as a result of
6 overpayment of tax liability under subsections (a) and
7 (b)(1), (2), and (3) of Section 201 of this Act plus the
8 amount of such refunds remaining approved but unpaid at the
9 end of the preceding fiscal year, minus the amounts
10 transferred into the Income Tax Refund Fund from the
11 Tobacco Settlement Recovery Fund, and the denominator of
12 which shall be the amounts which will be collected pursuant
13 to subsections (a) and (b)(1), (2), and (3) of Section 201
14 of this Act during the preceding fiscal year; except that
15 in State fiscal year 2002, the Annual Percentage shall in
16 no event exceed 7.6%. The Director of Revenue shall certify
17 the Annual Percentage to the Comptroller on the last
18 business day of the fiscal year immediately preceding the
19 fiscal year for which it is to be effective.
20 (2) Beginning on January 1, 1989 and thereafter, the
21 Department shall deposit a percentage of the amounts
22 collected pursuant to subsections (a) and (b)(6), (7), and
23 (8), (c) and (d) of Section 201 of this Act into a fund in
24 the State treasury known as the Income Tax Refund Fund. The
25 Department shall deposit 18% of such amounts during the
26 period beginning January 1, 1989 and ending on June 30,

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1 1989. Beginning with State fiscal year 1990 and for each
2 fiscal year thereafter, the percentage deposited into the
3 Income Tax Refund Fund during a fiscal year shall be the
4 Annual Percentage. For fiscal years 1999, 2000, and 2001,
5 the Annual Percentage shall be 19%. For fiscal year 2003,
6 the Annual Percentage shall be 27%. For fiscal year 2004,
7 the Annual Percentage shall be 32%. Upon the effective date
8 of this amendatory Act of the 93rd General Assembly, the
9 Annual Percentage shall be 24% for fiscal year 2005. For
10 fiscal year 2006, the Annual Percentage shall be 20%. For
11 fiscal year 2007, the Annual Percentage shall be 17.5%. For
12 fiscal year 2008, the Annual Percentage shall be 15.5%. For
13 fiscal year 2009, the Annual Percentage shall be 17.5%. For
14 fiscal year 2010, the Annual Percentage shall be 17.5%. For
15 fiscal year 2011, the Annual Percentage shall be 17.5%. For
16 fiscal year 2012, the Annual Percentage shall be 17.5%. For
17 fiscal year 2013, the Annual Percentage shall be 14%. For
18 fiscal year 2014, the Annual Percentage shall be 13.4%. For
19 fiscal year 2015, the Annual Percentage shall be 14%. For
20 all other fiscal years, the Annual Percentage shall be
21 calculated as a fraction, the numerator of which shall be
22 the amount of refunds approved for payment by the
23 Department during the preceding fiscal year as a result of
24 overpayment of tax liability under subsections (a) and
25 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
26 Act plus the amount of such refunds remaining approved but

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1 unpaid at the end of the preceding fiscal year, and the
2 denominator of which shall be the amounts which will be
3 collected pursuant to subsections (a) and (b)(6), (7), and
4 (8), (c) and (d) of Section 201 of this Act during the
5 preceding fiscal year; except that in State fiscal year
6 2002, the Annual Percentage shall in no event exceed 23%.
7 The Director of Revenue shall certify the Annual Percentage
8 to the Comptroller on the last business day of the fiscal
9 year immediately preceding the fiscal year for which it is
10 to be effective.
11 (3) The Comptroller shall order transferred and the
12 Treasurer shall transfer from the Tobacco Settlement
13 Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
14 in January, 2001, (ii) $35,000,000 in January, 2002, and
15 (iii) $35,000,000 in January, 2003.
16 (d) Expenditures from Income Tax Refund Fund.
17 (1) Beginning January 1, 1989, money in the Income Tax
18 Refund Fund shall be expended exclusively for the purpose
19 of paying refunds resulting from overpayment of tax
20 liability under Section 201 of this Act, for paying rebates
21 under Section 208.1 in the event that the amounts in the
22 Homeowners' Tax Relief Fund are insufficient for that
23 purpose, and for making transfers pursuant to this
24 subsection (d).
25 (2) The Director shall order payment of refunds
26 resulting from overpayment of tax liability under Section

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1 201 of this Act from the Income Tax Refund Fund only to the
2 extent that amounts collected pursuant to Section 201 of
3 this Act and transfers pursuant to this subsection (d) and
4 item (3) of subsection (c) have been deposited and retained
5 in the Fund.
6 (3) As soon as possible after the end of each fiscal
7 year, the Director shall order transferred and the State
8 Treasurer and State Comptroller shall transfer from the
9 Income Tax Refund Fund to the Personal Property Tax
10 Replacement Fund an amount, certified by the Director to
11 the Comptroller, equal to the excess of the amount
12 collected pursuant to subsections (c) and (d) of Section
13 201 of this Act deposited into the Income Tax Refund Fund
14 during the fiscal year over the amount of refunds resulting
15 from overpayment of tax liability under subsections (c) and
16 (d) of Section 201 of this Act paid from the Income Tax
17 Refund Fund during the fiscal year.
18 (4) As soon as possible after the end of each fiscal
19 year, the Director shall order transferred and the State
20 Treasurer and State Comptroller shall transfer from the
21 Personal Property Tax Replacement Fund to the Income Tax
22 Refund Fund an amount, certified by the Director to the
23 Comptroller, equal to the excess of the amount of refunds
24 resulting from overpayment of tax liability under
25 subsections (c) and (d) of Section 201 of this Act paid
26 from the Income Tax Refund Fund during the fiscal year over

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1 the amount collected pursuant to subsections (c) and (d) of
2 Section 201 of this Act deposited into the Income Tax
3 Refund Fund during the fiscal year.
4 (4.5) As soon as possible after the end of fiscal year
5 1999 and of each fiscal year thereafter, the Director shall
6 order transferred and the State Treasurer and State
7 Comptroller shall transfer from the Income Tax Refund Fund
8 to the General Revenue Fund any surplus remaining in the
9 Income Tax Refund Fund as of the end of such fiscal year;
10 excluding for fiscal years 2000, 2001, and 2002 amounts
11 attributable to transfers under item (3) of subsection (c)
12 less refunds resulting from the earned income tax credit.
13 (5) This Act shall constitute an irrevocable and
14 continuing appropriation from the Income Tax Refund Fund
15 for the purpose of paying refunds upon the order of the
16 Director in accordance with the provisions of this Section.
17 (e) Deposits into the Education Assistance Fund and the
18Income Tax Surcharge Local Government Distributive Fund.
19 On July 1, 1991, and thereafter, of the amounts collected
20pursuant to subsections (a) and (b) of Section 201 of this Act,
21minus deposits into the Income Tax Refund Fund, the Department
22shall deposit 7.3% into the Education Assistance Fund in the
23State Treasury. Beginning July 1, 1991, and continuing through
24January 31, 1993, of the amounts collected pursuant to
25subsections (a) and (b) of Section 201 of the Illinois Income
26Tax Act, minus deposits into the Income Tax Refund Fund, the

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1Department shall deposit 3.0% into the Income Tax Surcharge
2Local Government Distributive Fund in the State Treasury.
3Beginning February 1, 1993 and continuing through June 30,
41993, of the amounts collected pursuant to subsections (a) and
5(b) of Section 201 of the Illinois Income Tax Act, minus
6deposits into the Income Tax Refund Fund, the Department shall
7deposit 4.4% into the Income Tax Surcharge Local Government
8Distributive Fund in the State Treasury. Beginning July 1,
91993, and continuing through June 30, 1994, of the amounts
10collected under subsections (a) and (b) of Section 201 of this
11Act, minus deposits into the Income Tax Refund Fund, the
12Department shall deposit 1.475% into the Income Tax Surcharge
13Local Government Distributive Fund in the State Treasury.
14 (f) Deposits into the Fund for the Advancement of
15Education. Beginning February 1, 2015, the Department shall
16deposit the following portions of the revenue realized from the
17tax imposed upon individuals, trusts, and estates by
18subsections (a) and (b) of Section 201 of this Act during the
19preceding month, minus deposits into the Income Tax Refund
20Fund, into the Fund for the Advancement of Education:
21 (1) beginning February 1, 2015, and prior to February
22 1, 2025, 1/30; and
23 (2) beginning February 1, 2025, 1/26.
24 If the rate of tax imposed by subsection (a) and (b) of
25Section 201 is reduced pursuant to Section 201.5 of this Act,
26the Department shall not make the deposits required by this

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1subsection (f) on or after the effective date of the reduction.
2 (g) Deposits into the Commitment to Human Services Fund.
3Beginning February 1, 2015, the Department shall deposit the
4following portions of the revenue realized from the tax imposed
5upon individuals, trusts, and estates by subsections (a) and
6(b) of Section 201 of this Act during the preceding month,
7minus deposits into the Income Tax Refund Fund, into the
8Commitment to Human Services Fund:
9 (1) beginning February 1, 2015, and prior to February
10 1, 2025, 1/30; and
11 (2) beginning February 1, 2025, 1/26.
12 If the rate of tax imposed by subsection (a) and (b) of
13Section 201 is reduced pursuant to Section 201.5 of this Act,
14the Department shall not make the deposits required by this
15subsection (g) on or after the effective date of the reduction.
16 (h) Deposits into the Tax Compliance and Administration
17Fund. Beginning on the first day of the first calendar month to
18occur on or after August 26, 2014 (the effective date of Public
19Act 98-1098) this amendatory Act of the 98th General Assembly,
20each month the Department shall pay into the Tax Compliance and
21Administration Fund, to be used, subject to appropriation, to
22fund additional auditors and compliance personnel at the
23Department, an amount equal to 1/12 of 5% of the cash receipts
24collected during the preceding fiscal year by the Audit Bureau
25of the Department from the tax imposed by subsections (a), (b),
26(c), and (d) of Section 201 of this Act, net of deposits into

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1the Income Tax Refund Fund made from those cash receipts.
2(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
3eff. 6-19-13; 98-674, eff. 6-30-14; 98-1052, eff. 8-26-14;
498-1098, eff. 8-26-14; revised 9-26-14.)
5 Section 145. The Use Tax Act is amended by changing Section
62 as follows:
7 (35 ILCS 105/2) (from Ch. 120, par. 439.2)
8 Sec. 2. Definitions.
9 "Use" means the exercise by any person of any right or
10power over tangible personal property incident to the ownership
11of that property, except that it does not include the sale of
12such property in any form as tangible personal property in the
13regular course of business to the extent that such property is
14not first subjected to a use for which it was purchased, and
15does not include the use of such property by its owner for
16demonstration purposes: Provided that the property purchased
17is deemed to be purchased for the purpose of resale, despite
18first being used, to the extent to which it is resold as an
19ingredient of an intentionally produced product or by-product
20of manufacturing. "Use" does not mean the demonstration use or
21interim use of tangible personal property by a retailer before
22he sells that tangible personal property. For watercraft or
23aircraft, if the period of demonstration use or interim use by
24the retailer exceeds 18 months, the retailer shall pay on the

HB4137 Engrossed- 145 -LRB099 07987 AMC 28127 b
1retailers' original cost price the tax imposed by this Act, and
2no credit for that tax is permitted if the watercraft or
3aircraft is subsequently sold by the retailer. "Use" does not
4mean the physical incorporation of tangible personal property,
5to the extent not first subjected to a use for which it was
6purchased, as an ingredient or constituent, into other tangible
7personal property (a) which is sold in the regular course of
8business or (b) which the person incorporating such ingredient
9or constituent therein has undertaken at the time of such
10purchase to cause to be transported in interstate commerce to
11destinations outside the State of Illinois: Provided that the
12property purchased is deemed to be purchased for the purpose of
13resale, despite first being used, to the extent to which it is
14resold as an ingredient of an intentionally produced product or
15by-product of manufacturing.
16 "Watercraft" means a Class 2, Class 3, or Class 4
17watercraft as defined in Section 3-2 of the Boat Registration
18and Safety Act, a personal watercraft, or any boat equipped
19with an inboard motor.
20 "Purchase at retail" means the acquisition of the ownership
21of or title to tangible personal property through a sale at
22retail.
23 "Purchaser" means anyone who, through a sale at retail,
24acquires the ownership of tangible personal property for a
25valuable consideration.
26 "Sale at retail" means any transfer of the ownership of or

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1title to tangible personal property to a purchaser, for the
2purpose of use, and not for the purpose of resale in any form
3as tangible personal property to the extent not first subjected
4to a use for which it was purchased, for a valuable
5consideration: Provided that the property purchased is deemed
6to be purchased for the purpose of resale, despite first being
7used, to the extent to which it is resold as an ingredient of
8an intentionally produced product or by-product of
9manufacturing. For this purpose, slag produced as an incident
10to manufacturing pig iron or steel and sold is considered to be
11an intentionally produced by-product of manufacturing. "Sale
12at retail" includes any such transfer made for resale unless
13made in compliance with Section 2c of the Retailers' Occupation
14Tax Act, as incorporated by reference into Section 12 of this
15Act. Transactions whereby the possession of the property is
16transferred but the seller retains the title as security for
17payment of the selling price are sales.
18 "Sale at retail" shall also be construed to include any
19Illinois florist's sales transaction in which the purchase
20order is received in Illinois by a florist and the sale is for
21use or consumption, but the Illinois florist has a florist in
22another state deliver the property to the purchaser or the
23purchaser's donee in such other state.
24 Nonreusable tangible personal property that is used by
25persons engaged in the business of operating a restaurant,
26cafeteria, or drive-in is a sale for resale when it is

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1transferred to customers in the ordinary course of business as
2part of the sale of food or beverages and is used to deliver,
3package, or consume food or beverages, regardless of where
4consumption of the food or beverages occurs. Examples of those
5items include, but are not limited to nonreusable, paper and
6plastic cups, plates, baskets, boxes, sleeves, buckets or other
7containers, utensils, straws, placemats, napkins, doggie bags,
8and wrapping or packaging materials that are transferred to
9customers as part of the sale of food or beverages in the
10ordinary course of business.
11 The purchase, employment and transfer of such tangible
12personal property as newsprint and ink for the primary purpose
13of conveying news (with or without other information) is not a
14purchase, use or sale of tangible personal property.
15 "Selling price" means the consideration for a sale valued
16in money whether received in money or otherwise, including
17cash, credits, property other than as hereinafter provided, and
18services, but not including the value of or credit given for
19traded-in tangible personal property where the item that is
20traded-in is of like kind and character as that which is being
21sold, and shall be determined without any deduction on account
22of the cost of the property sold, the cost of materials used,
23labor or service cost or any other expense whatsoever, but does
24not include interest or finance charges which appear as
25separate items on the bill of sale or sales contract nor
26charges that are added to prices by sellers on account of the

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1seller's tax liability under the "Retailers' Occupation Tax
2Act", or on account of the seller's duty to collect, from the
3purchaser, the tax that is imposed by this Act, or, except as
4otherwise provided with respect to any cigarette tax imposed by
5a home rule unit, on account of the seller's tax liability
6under any local occupation tax administered by the Department,
7or, except as otherwise provided with respect to any cigarette
8tax imposed by a home rule unit on account of the seller's duty
9to collect, from the purchasers, the tax that is imposed under
10any local use tax administered by the Department. Effective
11December 1, 1985, "selling price" shall include charges that
12are added to prices by sellers on account of the seller's tax
13liability under the Cigarette Tax Act, on account of the
14seller's duty to collect, from the purchaser, the tax imposed
15under the Cigarette Use Tax Act, and on account of the seller's
16duty to collect, from the purchaser, any cigarette tax imposed
17by a home rule unit.
18 Notwithstanding any law to the contrary, for any motor
19vehicle, as defined in Section 1-146 of the Vehicle Code, that
20is sold on or after January 1, 2015 for the purpose of leasing
21the vehicle for a defined period that is longer than one year
22and (1) is a motor vehicle of the second division that: (A) is
23a self-contained motor vehicle designed or permanently
24converted to provide living quarters for recreational,
25camping, or travel use, with direct walk through access to the
26living quarters from the driver's seat; (B) is of the van

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1configuration designed for the transportation of not less than
27 nor more than 16 passengers; or (C) has a gross vehicle
3weight rating of 8,000 pounds or less or (2) is a motor vehicle
4of the first division, "selling price" or "amount of sale"
5means the consideration received by the lessor pursuant to the
6lease contract, including amounts due at lease signing and all
7monthly or other regular payments charged over the term of the
8lease. Also included in the selling price is any amount
9received by the lessor from the lessee for the leased vehicle
10that is not calculated at the time the lease is executed,
11including, but not limited to, excess mileage charges and
12charges for excess wear and tear. For sales that occur in
13Illinois, with respect to any amount received by the lessor
14from the lessee for the leased vehicle that is not calculated
15at the time the lease is executed, the lessor who purchased the
16motor vehicle does not incur the tax imposed by the Use Tax Act
17on those amounts, and the retailer who makes the retail sale of
18the motor vehicle to the lessor is not required to collect the
19tax imposed by this Act or to pay the tax imposed by the
20Retailers' Occupation Tax Act on those amounts. However, the
21lessor who purchased the motor vehicle assumes the liability
22for reporting and paying the tax on those amounts directly to
23the Department in the same form (Illinois Retailers' Occupation
24Tax, and local retailers' occupation taxes, if applicable) in
25which the retailer would have reported and paid such tax if the
26retailer had accounted for the tax to the Department. For

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1amounts received by the lessor from the lessee that are not
2calculated at the time the lease is executed, the lessor must
3file the return and pay the tax to the Department by the due
4date otherwise required by this Act for returns other than
5transaction returns. If the retailer is entitled under this Act
6to a discount for collecting and remitting the tax imposed
7under this Act to the Department with respect to the sale of
8the motor vehicle to the lessor, then the right to the discount
9provided in this Act shall be transferred to the lessor with
10respect to the tax paid by the lessor for any amount received
11by the lessor from the lessee for the leased vehicle that is
12not calculated at the time the lease is executed; provided that
13the discount is only allowed if the return is timely filed and
14for amounts timely paid. The "selling price" of a motor vehicle
15that is sold on or after January 1, 2015 for the purpose of
16leasing for a defined period of longer than one year shall not
17be reduced by the value of or credit given for traded-in
18tangible personal property owned by the lessor, nor shall it be
19reduced by the value of or credit given for traded-in tangible
20personal property owned by the lessee, regardless of whether
21the trade-in value thereof is assigned by the lessee to the
22lessor. In the case of a motor vehicle that is sold for the
23purpose of leasing for a defined period of longer than one
24year, the sale occurs at the time of the delivery of the
25vehicle, regardless of the due date of any lease payments. A
26lessor who incurs a Retailers' Occupation Tax liability on the

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1sale of a motor vehicle coming off lease may not take a credit
2against that liability for the Use Tax the lessor paid upon the
3purchase of the motor vehicle (or for any tax the lessor paid
4with respect to any amount received by the lessor from the
5lessee for the leased vehicle that was not calculated at the
6time the lease was executed) if the selling price of the motor
7vehicle at the time of purchase was calculated using the
8definition of "selling price" as defined in this paragraph.
9Notwithstanding any other provision of this Act to the
10contrary, lessors shall file all returns and make all payments
11required under this paragraph to the Department by electronic
12means in the manner and form as required by the Department.
13This paragraph does not apply to leases of motor vehicles for
14which, at the time the lease is entered into, the term of the
15lease is not a defined period, including leases with a defined
16initial period with the option to continue the lease on a
17month-to-month or other basis beyond the initial defined
18period.
19 The phrase "like kind and character" shall be liberally
20construed (including but not limited to any form of motor
21vehicle for any form of motor vehicle, or any kind of farm or
22agricultural implement for any other kind of farm or
23agricultural implement), while not including a kind of item
24which, if sold at retail by that retailer, would be exempt from
25retailers' occupation tax and use tax as an isolated or
26occasional sale.

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1 "Department" means the Department of Revenue.
2 "Person" means any natural individual, firm, partnership,
3association, joint stock company, joint adventure, public or
4private corporation, limited liability company, or a receiver,
5executor, trustee, guardian or other representative appointed
6by order of any court.
7 "Retailer" means and includes every person engaged in the
8business of making sales at retail as defined in this Section.
9 A person who holds himself or herself out as being engaged
10(or who habitually engages) in selling tangible personal
11property at retail is a retailer hereunder with respect to such
12sales (and not primarily in a service occupation)
13notwithstanding the fact that such person designs and produces
14such tangible personal property on special order for the
15purchaser and in such a way as to render the property of value
16only to such purchaser, if such tangible personal property so
17produced on special order serves substantially the same
18function as stock or standard items of tangible personal
19property that are sold at retail.
20 A person whose activities are organized and conducted
21primarily as a not-for-profit service enterprise, and who
22engages in selling tangible personal property at retail
23(whether to the public or merely to members and their guests)
24is a retailer with respect to such transactions, excepting only
25a person organized and operated exclusively for charitable,
26religious or educational purposes either (1), to the extent of

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1sales by such person to its members, students, patients or
2inmates of tangible personal property to be used primarily for
3the purposes of such person, or (2), to the extent of sales by
4such person of tangible personal property which is not sold or
5offered for sale by persons organized for profit. The selling
6of school books and school supplies by schools at retail to
7students is not "primarily for the purposes of" the school
8which does such selling. This paragraph does not apply to nor
9subject to taxation occasional dinners, social or similar
10activities of a person organized and operated exclusively for
11charitable, religious or educational purposes, whether or not
12such activities are open to the public.
13 A person who is the recipient of a grant or contract under
14Title VII of the Older Americans Act of 1965 (P.L. 92-258) and
15serves meals to participants in the federal Nutrition Program
16for the Elderly in return for contributions established in
17amount by the individual participant pursuant to a schedule of
18suggested fees as provided for in the federal Act is not a
19retailer under this Act with respect to such transactions.
20 Persons who engage in the business of transferring tangible
21personal property upon the redemption of trading stamps are
22retailers hereunder when engaged in such business.
23 The isolated or occasional sale of tangible personal
24property at retail by a person who does not hold himself out as
25being engaged (or who does not habitually engage) in selling
26such tangible personal property at retail or a sale through a

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1bulk vending machine does not make such person a retailer
2hereunder. However, any person who is engaged in a business
3which is not subject to the tax imposed by the "Retailers'
4Occupation Tax Act" because of involving the sale of or a
5contract to sell real estate or a construction contract to
6improve real estate, but who, in the course of conducting such
7business, transfers tangible personal property to users or
8consumers in the finished form in which it was purchased, and
9which does not become real estate, under any provision of a
10construction contract or real estate sale or real estate sales
11agreement entered into with some other person arising out of or
12because of such nontaxable business, is a retailer to the
13extent of the value of the tangible personal property so
14transferred. If, in such transaction, a separate charge is made
15for the tangible personal property so transferred, the value of
16such property, for the purposes of this Act, is the amount so
17separately charged, but not less than the cost of such property
18to the transferor; if no separate charge is made, the value of
19such property, for the purposes of this Act, is the cost to the
20transferor of such tangible personal property.
21 "Retailer maintaining a place of business in this State",
22or any like term, means and includes any of the following
23retailers:
24 1. A retailer having or maintaining within this State,
25 directly or by a subsidiary, an office, distribution house,
26 sales house, warehouse or other place of business, or any

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1 agent or other representative operating within this State
2 under the authority of the retailer or its subsidiary,
3 irrespective of whether such place of business or agent or
4 other representative is located here permanently or
5 temporarily, or whether such retailer or subsidiary is
6 licensed to do business in this State. However, the
7 ownership of property that is located at the premises of a
8 printer with which the retailer has contracted for printing
9 and that consists of the final printed product, property
10 that becomes a part of the final printed product, or copy
11 from which the printed product is produced shall not result
12 in the retailer being deemed to have or maintain an office,
13 distribution house, sales house, warehouse, or other place
14 of business within this State.
15 1.1. A retailer having a contract with a person located
16 in this State under which the person, for a commission or
17 other consideration based upon the sale of tangible
18 personal property by the retailer, directly or indirectly
19 refers potential customers to the retailer by providing to
20 the potential customers a promotional code or other
21 mechanism that allows the retailer to track purchases
22 referred by such persons. Examples of mechanisms that allow
23 the retailer to track purchases referred by such persons
24 include but are not limited to the use of a link on the
25 person's Internet website, promotional codes distributed
26 through the person's hand-delivered or mailed material,

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1 and promotional codes distributed by the person through
2 radio or other broadcast media. The provisions of this
3 paragraph 1.1 shall apply only if the cumulative gross
4 receipts from sales of tangible personal property by the
5 retailer to customers who are referred to the retailer by
6 all persons in this State under such contracts exceed
7 $10,000 during the preceding 4 quarterly periods ending on
8 the last day of March, June, September, and December. A
9 retailer meeting the requirements of this paragraph 1.1
10 shall be presumed to be maintaining a place of business in
11 this State but may rebut this presumption by submitting
12 proof that the referrals or other activities pursued within
13 this State by such persons were not sufficient to meet the
14 nexus standards of the United States Constitution during
15 the preceding 4 quarterly periods.
16 1.2. Beginning July 1, 2011, a retailer having a
17 contract with a person located in this State under which:
18 A. the retailer sells the same or substantially
19 similar line of products as the person located in this
20 State and does so using an identical or substantially
21 similar name, trade name, or trademark as the person
22 located in this State; and
23 B. the retailer provides a commission or other
24 consideration to the person located in this State based
25 upon the sale of tangible personal property by the
26 retailer.

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1 The provisions of this paragraph 1.2 shall apply only if
2 the cumulative gross receipts from sales of tangible
3 personal property by the retailer to customers in this
4 State under all such contracts exceed $10,000 during the
5 preceding 4 quarterly periods ending on the last day of
6 March, June, September, and December.
7 2. A retailer soliciting orders for tangible personal
8 property by means of a telecommunication or television
9 shopping system (which utilizes toll free numbers) which is
10 intended by the retailer to be broadcast by cable
11 television or other means of broadcasting, to consumers
12 located in this State.
13 3. A retailer, pursuant to a contract with a
14 broadcaster or publisher located in this State, soliciting
15 orders for tangible personal property by means of
16 advertising which is disseminated primarily to consumers
17 located in this State and only secondarily to bordering
18 jurisdictions.
19 4. A retailer soliciting orders for tangible personal
20 property by mail if the solicitations are substantial and
21 recurring and if the retailer benefits from any banking,
22 financing, debt collection, telecommunication, or
23 marketing activities occurring in this State or benefits
24 from the location in this State of authorized installation,
25 servicing, or repair facilities.
26 5. A retailer that is owned or controlled by the same

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1 interests that own or control any retailer engaging in
2 business in the same or similar line of business in this
3 State.
4 6. A retailer having a franchisee or licensee operating
5 under its trade name if the franchisee or licensee is
6 required to collect the tax under this Section.
7 7. A retailer, pursuant to a contract with a cable
8 television operator located in this State, soliciting
9 orders for tangible personal property by means of
10 advertising which is transmitted or distributed over a
11 cable television system in this State.
12 8. A retailer engaging in activities in Illinois, which
13 activities in the state in which the retail business
14 engaging in such activities is located would constitute
15 maintaining a place of business in that state.
16 "Bulk vending machine" means a vending machine, containing
17unsorted confections, nuts, toys, or other items designed
18primarily to be used or played with by children which, when a
19coin or coins of a denomination not larger than $0.50 are
20inserted, are dispensed in equal portions, at random and
21without selection by the customer.
22(Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14;
2398-1089, eff. 1-1-15; revised 10-1-14.)
24 Section 150. The Cigarette Tax Act is amended by changing
25Section 4g as follows:

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1 (35 ILCS 130/4g)
2 (This Section may contain text from a Public Act with a
3delayed effective date)
4 Sec. 4g. Retailer's license. Beginning on January 1, 2016,
5no person may engage in business as a retailer of cigarettes in
6this State without first having obtained a license from the
7Department. Application for license shall be made to the
8Department, by electronic means, in a form prescribed by the
9Department. Each applicant for a license under this Section
10shall furnish to the Department, in an electronic format
11established by the Department, the following information:
12 (1) the name and address of the applicant;
13 (2) the address of the location at which the applicant
14 proposes to engage in business as a retailer of cigarettes
15 in this State; and
16 (3) such other additional information as the
17 Department may lawfully require by its rules and
18 regulations.
19 The annual license fee payable to the Department for each
20retailer's license shall be $75. The fee shall be deposited
21into the Tax Compliance and Administration Fund and shall be
22for the cost of tobacco retail inspection and contraband
23tobacco and tobacco smuggling with at least two-thirds of the
24money being used for contraband tobacco and tobacco smuggling
25operations and enforcement.

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1 Each applicant for a license shall pay the fee to the
2Department at the time of submitting its application for a
3license to the Department. The Department shall require an
4applicant for a license under this Section to electronically
5file and pay the fee.
6 A separate annual license fee shall be paid for each place
7of business at which a person who is required to procure a
8retailer's license under this Section proposes to engage in
9business as a retailer in Illinois under this Act.
10 The following are ineligible to receive a retailer's
11license under this Act:
12 (1) a person who has been convicted of a felony related
13 to the illegal transportation, sale, or distribution of
14 cigarettes, or a tobacco-related felony, under any federal
15 or State law, if the Department, after investigation and a
16 hearing if requested by the applicant, determines that the
17 person has not been sufficiently rehabilitated to warrant
18 the public trust; or
19 (2) a corporation, if any officer, manager, or director
20 thereof, or any stockholder or stockholders owning in the
21 aggregate more than 5% of the stock of such corporation,
22 would not be eligible to receive a license under this Act
23 for any reason.
24 The Department, upon receipt of an application and license
25fee, in proper form, from a person who is eligible to receive a
26retailer's license under this Act, shall issue to such

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1applicant a license in form as prescribed by the Department.
2That license shall permit the applicant to whom it is issued to
3engage in business as a retailer under this Act at the place
4shown in his or her application. All licenses issued by the
5Department under this Section shall be valid for a period not
6to exceed one year after issuance unless sooner revoked,
7canceled, or suspended as provided in this Act. No license
8issued under this Section is transferable or assignable. The
9license shall be conspicuously displayed in the place of
10business conducted by the licensee in Illinois under such
11license. The Department shall not issue a retailer's license to
12a retailer unless the retailer is also registered under the
13Retailers' Occupation Tax Act. A person who obtains a license
14as a retailer who ceases to do business as specified in the
15license, or who never commenced business, or who obtains a
16distributor's license, or whose license is suspended or
17revoked, shall immediately surrender the license to the
18Department.
19 Any person aggrieved by any decision of the Department
20under this Section subsection may, within 30 days after notice
21of the decision, protest and request a hearing. Upon receiving
22a request for a hearing, the Department shall give written
23notice to the person requesting the hearing of the time and
24place fixed for the hearing and shall hold a hearing in
25conformity with the provisions of this Act and then issue its
26final administrative decision in the matter to that person. In

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1the absence of a protest and request for a hearing within 30
2days, the Department's decision shall become final without any
3further determination being made or notice given.
4(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
5 Section 155. The Tobacco Products Tax Act of 1995 is
6amended by changing Section 10-21 as follows:
7 (35 ILCS 143/10-21)
8 (This Section may contain text from a Public Act with a
9delayed effective date)
10 Sec. 10-21. Retailer's license. Beginning on January 1,
112016, no person may engage in business as a retailer of tobacco
12products in this State without first having obtained a license
13from the Department. Application for license shall be made to
14the Department, by electronic means, in a form prescribed by
15the Department. Each applicant for a license under this Section
16shall furnish to the Department, in an electronic format
17established by the Department, the following information:
18 (1) the name and address of the applicant;
19 (2) the address of the location at which the applicant
20 proposes to engage in business as a retailer of tobacco
21 products in this State;
22 (3) such other additional information as the
23 Department may lawfully require by its rules and
24 regulations.

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1 The annual license fee payable to the Department for each
2retailer's license shall be $75. The fee will be deposited into
3the Tax Compliance and Administration Fund and shall be used
4for the cost of tobacco retail inspection and contraband
5tobacco and tobacco smuggling with at least two-thirds of the
6money being used for contraband tobacco and tobacco smuggling
7operations and enforcement.
8 Each applicant for license shall pay such fee to the
9Department at the time of submitting its application for
10license to the Department. The Department shall require an
11applicant for a license under this Section to electronically
12file and pay the fee.
13 A separate annual license fee shall be paid for each place
14of business at which a person who is required to procure a
15retailer's license under this Section proposes to engage in
16business as a retailer in Illinois under this Act.
17 The following are ineligible to receive a retailer's
18license under this Act:
19 (1) a person who has been convicted of a felony under
20 any federal or State law for smuggling cigarettes or
21 tobacco products or tobacco tax evasion, if the Department,
22 after investigation and a hearing if requested by the
23 applicant, determines that such person has not been
24 sufficiently rehabilitated to warrant the public trust;
25 and
26 (2) a corporation, if any officer, manager or director

HB4137 Engrossed- 164 -LRB099 07987 AMC 28127 b
1 thereof, or any stockholder or stockholders owning in the
2 aggregate more than 5% of the stock of such corporation,
3 would not be eligible to receive a license under this Act
4 for any reason.
5 The Department, upon receipt of an application and license
6fee, in proper form, from a person who is eligible to receive a
7retailer's license under this Act, shall issue to such
8applicant a license in form as prescribed by the Department,
9which license shall permit the applicant to which it is issued
10to engage in business as a retailer under this Act at the place
11shown in his application. All licenses issued by the Department
12under this Section shall be valid for a period not to exceed
13one year after issuance unless sooner revoked, canceled or
14suspended as provided in this Act. No license issued under this
15Section is transferable or assignable. Such license shall be
16conspicuously displayed in the place of business conducted by
17the licensee in Illinois under such license. A person who
18obtains a license as a retailer who ceases to do business as
19specified in the license, or who never commenced business, or
20who obtains a distributor's license, or whose license is
21suspended or revoked, shall immediately surrender the license
22to the Department. The Department shall not issue a license to
23a retailer unless the retailer is also validly registered under
24the Retailers Occupation Tax Act.
25 A retailer as defined under this Act need not obtain an
26additional license under this Act, but shall be deemed to be

HB4137 Engrossed- 165 -LRB099 07987 AMC 28127 b
1sufficiently licensed by virtue of his being properly licensed
2as a retailer under Section 4g of the Cigarette Tax Act.
3 Any person aggrieved by any decision of the Department
4under this Section subsection may, within 30 days after notice
5of the decision, protest and request a hearing. Upon receiving
6a request for a hearing, the Department shall give notice to
7the person requesting the hearing of the time and place fixed
8for the hearing and shall hold a hearing in conformity with the
9provisions of this Act and then issue its final administrative
10decision in the matter to that person. In the absence of a
11protest and request for a hearing within 30 days, the
12Department's decision shall become final without any further
13determination being made or notice given.
14(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
15 Section 160. The Local Government Disaster Service
16Volunteer Act is amended by changing Section 15 as follows:
17 (50 ILCS 122/15)
18 Sec. 15. Local government disaster service volunteer
19leave. An employee of a local agency who is a certified
20disaster service volunteer of the American Red Cross or
21assigned to the Illinois Emergency Management Agency in
22accordance with the Illinois Emergency Management Agency Act,
23the Emergency Management Assistance Compact Act, or other
24applicable administrative rules may be granted leave from his

HB4137 Engrossed- 166 -LRB099 07987 AMC 28127 b
1or her work with pay for not more than 20 working days in any
212-month period to participate in specialized disaster relief
3services for the American Red Cross or for the Illinois
4Emergency Management Agency, as the case may be, upon the
5request of the American Red Cross or the Illinois Emergency
6Management Agency for the services of that employee and upon
7the approval of that employee's agency, without loss of
8seniority, pay, vacation time, compensatory time, personal
9days, sick time, or earned overtime accumulation. The agency
10must compensate an employee granted leave under this Section at
11his or her regular rate of pay for those regular work hours
12during which the employee is absent from work. Leave under this
13Act shall not be unreasonably denied for services related to a
14disaster within the United States or its territories.
15(Source: P.A. 92-95, eff. 7-18-01; 93-893, eff. 8-10-04;
16revised 12-1-14.)
17 Section 165. The Illinois Police Training Act is amended by
18changing Section 9 as follows:
19 (50 ILCS 705/9) (from Ch. 85, par. 509)
20 Sec. 9. A special fund is hereby established in the State
21Treasury to be known as the "The Traffic and Criminal
22Conviction Surcharge Fund" and shall be financed as provided in
23Section 9.1 of this Act and Section 5-9-1 of the "Unified Code
24of Corrections", unless the fines, costs, or additional amounts

HB4137 Engrossed- 167 -LRB099 07987 AMC 28127 b
1imposed are subject to disbursement by the circuit clerk under
2Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
3shall be expended as follows:
4 (1) a A portion of the total amount deposited in the
5 Fund may be used, as appropriated by the General Assembly,
6 for the ordinary and contingent expenses of the Illinois
7 Law Enforcement Training Standards Board;
8 (2) a A portion of the total amount deposited in the
9 Fund shall be appropriated for the reimbursement of local
10 governmental agencies participating in training programs
11 certified by the Board, in an amount equaling 1/2 of the
12 total sum paid by such agencies during the State's previous
13 fiscal year for mandated training for probationary police
14 officers or probationary county corrections officers and
15 for optional advanced and specialized law enforcement or
16 county corrections training; these . These reimbursements
17 may include the costs for tuition at training schools, the
18 salaries of trainees while in schools, and the necessary
19 travel and room and board expenses for each trainee; if . If
20 the appropriations under this paragraph (2) are not
21 sufficient to fully reimburse the participating local
22 governmental agencies, the available funds shall be
23 apportioned among such agencies, with priority first given
24 to repayment of the costs of mandatory training given to
25 law enforcement officer or county corrections officer
26 recruits, then to repayment of costs of advanced or

HB4137 Engrossed- 168 -LRB099 07987 AMC 28127 b
1 specialized training for permanent police officers or
2 permanent county corrections officers;
3 (3) a A portion of the total amount deposited in the
4 Fund may be used to fund the "Intergovernmental Law
5 Enforcement Officer's In-Service Training Act", veto
6 overridden October 29, 1981, as now or hereafter amended,
7 at a rate and method to be determined by the board;
8 (4) a A portion of the Fund also may be used by the
9 Illinois Department of State Police for expenses incurred
10 in the training of employees from any State, county or
11 municipal agency whose function includes enforcement of
12 criminal or traffic law;
13 (5) a A portion of the Fund may be used by the Board to
14 fund grant-in-aid programs and services for the training of
15 employees from any county or municipal agency whose
16 functions include corrections or the enforcement of
17 criminal or traffic law;
18 (6) for For fiscal years 2013, 2014, and 2015 only, a
19 portion of the Fund also may be used by the Department of
20 State Police to finance any of its lawful purposes or
21 functions; and
22 (7) a A portion of the Fund may be used by the Board,
23 subject to appropriation, to administer grants to local law
24 enforcement agencies for the purpose of purchasing
25 bulletproof vests under the Law Enforcement Officer
26 Bulletproof Vest Act.

HB4137 Engrossed- 169 -LRB099 07987 AMC 28127 b
1 All payments from the Traffic and Criminal Conviction
2Surcharge Fund shall be made each year from moneys appropriated
3for the purposes specified in this Section. No more than 50% of
4any appropriation under this Act shall be spent in any city
5having a population of more than 500,000. The State Comptroller
6and the State Treasurer shall from time to time, at the
7direction of the Governor, transfer from the Traffic and
8Criminal Conviction Surcharge Fund to the General Revenue Fund
9in the State Treasury such amounts as the Governor determines
10are in excess of the amounts required to meet the obligations
11of the Traffic and Criminal Conviction Surcharge Fund.
12(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
1398-674, eff. 6-30-14; 98-743, eff. 1-1-15; revised 10-1-14.)
14 Section 170. The Children's Advocacy Center Act is amended
15by changing Section 4 as follows:
16 (55 ILCS 80/4) (from Ch. 23, par. 1804)
17 Sec. 4. Children's Advocacy Center.
18 (a) A CAC may be established to coordinate the activities
19of the various agencies involved in the investigation,
20prosecution and treatment of child maltreatment. The
21individual county or regional Advisory Board shall set the
22written protocol of the CAC within the appropriate
23jurisdiction. The operation of the CAC may be funded through
24public or private grants, contracts, donations, fees, and other

HB4137 Engrossed- 170 -LRB099 07987 AMC 28127 b
1available sources under this Act. Each CAC shall operate to the
2best of its ability in accordance with available funding. In
3counties in which a referendum has been adopted under Section 5
4of this Act, the Advisory Board, by the majority vote of its
5members, shall submit a proposed annual budget for the
6operation of the CAC to the county board, which shall
7appropriate funds and levy a tax sufficient to operate the CAC.
8The county board in each county in which a referendum has been
9adopted shall establish a Children's Advocacy Center Fund and
10shall deposit the net proceeds of the tax authorized by Section
116 of this Act in that Fund, which shall be kept separate from
12all other county funds and shall only be used for the purposes
13of this Act.
14 (b) The Advisory Board shall pay from the Children's
15Advocacy Center Fund or from other available funds the salaries
16of all employees of the Center and the expenses of acquiring a
17physical plant for the Center by construction or lease and
18maintaining the Center, including the expenses of
19administering the coordination of the investigation,
20prosecution and treatment referral of child maltreatment under
21the provisions of the protocol adopted pursuant to this Act.
22 (c) Every CAC shall include at least the following
23components:
24 (1) A multidisciplinary, coordinated systems approach
25 to the investigation of child maltreatment which shall
26 include, at a minimum: ;

HB4137 Engrossed- 171 -LRB099 07987 AMC 28127 b
1 (i) an interagency notification procedure;
2 (ii) a policy on multidisciplinary team
3 collaboration and communication that requires MDT
4 members share information pertinent to investigations
5 and the safety of children;
6 (iii) (blank);
7 (iv) a description of the role each agency has in
8 responding to a referral for services in an individual
9 case;
10 (v) a dispute resolution process between the
11 involved agencies when a conflict arises on how to
12 proceed on the referral of a particular case;
13 (vi) a process for the CAC to assist in the
14 forensic interview of children that witness alleged
15 crimes;
16 (vii) a child-friendly, trauma informed space for
17 children and their non-offending family members;
18 (viii) an MDT approach including law enforcement,
19 prosecution, medical, mental health, victim advocacy,
20 and other community resources;
21 (ix) medical evaluation on-site or off-site
22 through referral;
23 (x) mental health services on-site or off-site
24 through referral;
25 (xi) on-site forensic interviews;
26 (xii) culturally competent services;

HB4137 Engrossed- 172 -LRB099 07987 AMC 28127 b
1 (xiii) case tracking and review;
2 (xiv) case staffing on each investigation;
3 (xv) effective organizational capacity; and
4 (xvi) a policy or procedure to familiarize a child
5 and his or her non-offending family members or
6 guardians with the court process as well as
7 preparations for testifying in court, if necessary; .
8 (2) A safe, separate space with assigned personnel
9 designated for the investigation and coordination of child
10 maltreatment cases;
11 (3) A multidisciplinary case review process for
12 purposes of decision-making, problem solving, systems
13 coordination, and information sharing;
14 (4) A comprehensive client tracking system to receive
15 and coordinate information concerning child maltreatment
16 cases from each participating agency;
17 (5) Multidisciplinary specialized training for all
18 professionals involved with the victims and non-offending
19 family members in child maltreatment cases; and
20 (6) A process for evaluating the effectiveness of the
21 CAC and its operations.
22 (d) In the event that a CAC has been established as
23provided in this Section, the Advisory Board of that CAC may,
24by a majority vote of the members, authorize the CAC to
25coordinate the activities of the various agencies involved in
26the investigation, prosecution, and treatment referral in

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1cases of serious or fatal injury to a child. For CACs receiving
2funds under Section 5 or 6 of this Act, the Advisory Board
3shall provide for the financial support of these activities in
4a manner similar to that set out in subsections (a) and (b) of
5this Section and shall be allowed to submit a budget that
6includes support for physical abuse and neglect activities to
7the County Board, which shall appropriate funds that may be
8available under Section 5 of this Act. In cooperation with the
9Department of Children and Family Services Child Death Review
10Teams, the Department of Children and Family Services Office of
11the Inspector General, and other stakeholders, this protocol
12must be initially implemented in selected counties to the
13extent that State appropriations or funds from other sources
14for this purpose allow.
15 (e) CACI may also provide technical assistance and guidance
16to the Advisory Boards.
17(Source: P.A. 98-809, eff. 1-1-15; revised 12-2-2014.)
18 Section 175. The Township Code is amended by changing
19Section 30-50 as follows:
20 (60 ILCS 1/30-50)
21 Sec. 30-50. Purchase and use of property.
22 (a) The electors may make all orders for the purchase,
23sale, conveyance, regulation, or use of the township's
24corporate property (including the direct sale or lease of

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1single township road district property) that may be deemed
2conducive to the interests of its inhabitants, including the
3lease, for up to 10 years, or for up to 25 years if the lease is
4for a wireless telecommunications tower, at fair market value,
5of corporate property for which no use or need during the lease
6period is anticipated at the time of leasing. The property may
7be leased to another governmental body, however, or to a
8not-for-profit corporation that has contracted to construct or
9fund the construction of a structure or improvement upon the
10real estate owned by the township and that has contracted with
11the township to allow the township to use at least a portion of
12the structure or improvement to be constructed upon the real
13estate leased and not otherwise used by the township, for any
14term not exceeding 50 years and for any consideration. In the
15case of a not-for-profit corporation, the township shall hold a
16public hearing on the proposed lease. The township clerk shall
17give notice of the hearing by publication in a newspaper
18published in the township, or in a newspaper published in the
19county and having general circulation in the township if no
20newspaper is published in the township, and by posting notices
21in at least 5 public places at least 15 days before the public
22hearing.
23 (b) If a new tax is to be levied or an existing tax rate is
24to be increased above the statutory limits for the purchase of
25the property, however, no action otherwise authorized in
26subsection (a) shall be taken unless a petition signed by at

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1least 10% of the registered voters residing in the township is
2presented to the township clerk. If a petition is presented to
3the township clerk, the clerk shall order a referendum on the
4proposition. The referendum shall be held at the next annual or
5special township meeting or at an election in accordance with
6the general election law. If the referendum is ordered to be
7held at the township meeting, the township clerk shall give
8notice that at the next annual or special township meeting the
9proposition shall be voted upon. The notice shall set forth the
10proposition and shall be given by publication in a newspaper
11published in the township. If there is no newspaper published
12in the township, the notice shall be published in a newspaper
13published in the county and having general circulation in the
14township. Notice also shall be given by posting notices in at
15least 5 public places at least 15 days before the township
16meeting. If the referendum is ordered to be held at an
17election, the township clerk shall certify that proposition to
18the proper election officials, who shall submit the proposition
19at an election. The proposition shall be submitted in
20accordance with the general election law.
21 (c) If the leased property is utilized in part for private
22use and in part for public use, those portions of the
23improvements devoted to private use are fully taxable. The land
24is exempt from taxation to the extent that the uses on the land
25are public and taxable to the extent that the uses are private.
26 (d) Before the township makes a lease or sale of township

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1or road district real property, the electors shall adopt a
2resolution stating the intent to lease or sell the real
3property, describing the property in full, and stating the
4terms and conditions the electors deem necessary and desirable
5for the lease or sale. A resolution stating the intent to sell
6real property shall also contain pertinent information
7concerning the size, use, and zoning of the property. The value
8of real property shall be determined by a State licensed real
9estate appraiser. The appraisal shall be available for public
10inspection. The resolution may direct the sale to be conducted
11by the staff of the township or by listing with local licensed
12real estate agencies (in which case the terms of the agent's
13compensation shall be included in the resolution).
14 Anytime during the year, the township or township road
15district may lease or sell personal property by a vote of the
16township board or request of the township highway commissioner.
17 The clerk shall thereafter publish the resolution or
18personal property sale notice once in a newspaper published in
19the township or, if no newspaper is published in the township,
20in a newspaper generally circulated in the township. If no
21newspaper is generally circulated in the township, the clerk
22shall post the resolution or personal property sale notice in 5
23of the most public places in the township. In addition to the
24foregoing publication requirements, the clerk shall post the
25resolution or personal property sale notice at the office of
26the township (if township property is involved) or at the

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1office of the road district (if road district property is
2involved). The following information shall be published or
3posted with the resolution or personal property sale notice:
4(i) the date by which all bids must be received by the township
5or road district, which shall not be less than 30 days after
6the date of publication or posting, and (ii) the place, time,
7and date at which bids shall be opened, which shall be at a
8regular meeting of the township board.
9 All bids shall be opened by the clerk (or someone duly
10appointed to act for the clerk) at the regular meeting of the
11township board described in the notice. With respect to
12township personal property, the township board may accept the
13high bid or any other bid determined to be in the best
14interests of the township by a majority vote of the board. With
15respect to township real property, the township board may
16accept the high bid or any other bid determined to be in the
17best interests of the township by a vote of three-fourths of
18the township board then holding office, but in no event at a
19price less than 80% of the appraised value. With respect to
20road district property, the highway commissioner may accept the
21high bid or any other bid determined to be in the best
22interests of the road district. In each case, the township
23board or commissioner may reject any and all bids. This notice
24and competitive bidding procedure shall not be followed when
25property is leased to another governmental body. The notice and
26competitive bidding procedure shall not be followed when real

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1or personal property is declared surplus by the township board
2or the highway commissioner and sold to another governmental
3body.
4 The township board or the highway commissioner may
5authorize the sale of personal property by public auction
6conducted by an auctioneer licensed under the Auction License
7Act or through an approved Internet auction service.
8 (e) A trade-in of machinery or equipment on new or
9different machinery or equipment does not constitute the sale
10of township or road district property.
11(Source: P.A. 97-337, eff. 8-12-11; 98-549, eff. 8-26-13;
1298-653, eff. 6-18-14; revised 6-24-14.)
13 Section 180. The Illinois Municipal Code is amended by
14changing Sections 10-1-7.1, 10-2.1-6.3, 11-12-5, and
1511-74.4-3.5 as follows:
16 (65 ILCS 5/10-1-7.1)
17 Sec. 10-1-7.1. Original appointments; full-time fire
18department.
19 (a) Applicability. Unless a commission elects to follow the
20provisions of Section 10-1-7.2, this Section shall apply to all
21original appointments to an affected full-time fire
22department. Existing registers of eligibles shall continue to
23be valid until their expiration dates, or up to a maximum of 2
24years after the effective date of this amendatory Act of the

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197th General Assembly.
2 Notwithstanding any statute, ordinance, rule, or other law
3to the contrary, all original appointments to an affected
4department to which this Section applies shall be administered
5in the manner provided for in this Section. Provisions of the
6Illinois Municipal Code, municipal ordinances, and rules
7adopted pursuant to such authority and other laws relating to
8initial hiring of firefighters in affected departments shall
9continue to apply to the extent they are compatible with this
10Section, but in the event of a conflict between this Section
11and any other law, this Section shall control.
12 A home rule or non-home rule municipality may not
13administer its fire department process for original
14appointments in a manner that is less stringent than this
15Section. This Section is a limitation under subsection (i) of
16Section 6 of Article VII of the Illinois Constitution on the
17concurrent exercise by home rule units of the powers and
18functions exercised by the State.
19 A municipality that is operating under a court order or
20consent decree regarding original appointments to a full-time
21fire department before the effective date of this amendatory
22Act of the 97th General Assembly is exempt from the
23requirements of this Section for the duration of the court
24order or consent decree.
25 Notwithstanding any other provision of this subsection
26(a), this Section does not apply to a municipality with more

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1than 1,000,000 inhabitants.
2 (b) Original appointments. All original appointments made
3to an affected fire department shall be made from a register of
4eligibles established in accordance with the processes
5established by this Section. Only persons who meet or exceed
6the performance standards required by this Section shall be
7placed on a register of eligibles for original appointment to
8an affected fire department.
9 Whenever an appointing authority authorizes action to hire
10a person to perform the duties of a firefighter or to hire a
11firefighter-paramedic to fill a position that is a new position
12or vacancy due to resignation, discharge, promotion, death, the
13granting of a disability or retirement pension, or any other
14cause, the appointing authority shall appoint to that position
15the person with the highest ranking on the final eligibility
16list. If the appointing authority has reason to conclude that
17the highest ranked person fails to meet the minimum standards
18for the position or if the appointing authority believes an
19alternate candidate would better serve the needs of the
20department, then the appointing authority has the right to pass
21over the highest ranked person and appoint either: (i) any
22person who has a ranking in the top 5% of the register of
23eligibles or (ii) any person who is among the top 5 highest
24ranked persons on the list of eligibles if the number of people
25who have a ranking in the top 5% of the register of eligibles
26is less than 5 people.

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1 Any candidate may pass on an appointment once without
2losing his or her position on the register of eligibles. Any
3candidate who passes a second time may be removed from the list
4by the appointing authority provided that such action shall not
5prejudice a person's opportunities to participate in future
6examinations, including an examination held during the time a
7candidate is already on the municipality's register of
8eligibles.
9 The sole authority to issue certificates of appointment
10shall be vested in the Civil Service Commission. All
11certificates of appointment issued to any officer or member of
12an affected department shall be signed by the chairperson and
13secretary, respectively, of the commission upon appointment of
14such officer or member to the affected department by the
15commission. Each person who accepts a certificate of
16appointment and successfully completes his or her probationary
17period shall be enrolled as a firefighter and as a regular
18member of the fire department.
19 For the purposes of this Section, "firefighter" means any
20person who has been prior to, on, or after the effective date
21of this amendatory Act of the 97th General Assembly appointed
22to a fire department or fire protection district or employed by
23a State university and sworn or commissioned to perform
24firefighter duties or paramedic duties, or both, except that
25the following persons are not included: part-time
26firefighters; auxiliary, reserve, or voluntary firefighters,

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1including paid-on-call firefighters; clerks and dispatchers or
2other civilian employees of a fire department or fire
3protection district who are not routinely expected to perform
4firefighter duties; and elected officials.
5 (c) Qualification for placement on register of eligibles.
6The purpose of establishing a register of eligibles is to
7identify applicants who possess and demonstrate the mental
8aptitude and physical ability to perform the duties required of
9members of the fire department in order to provide the highest
10quality of service to the public. To this end, all applicants
11for original appointment to an affected fire department shall
12be subject to examination and testing which shall be public,
13competitive, and open to all applicants unless the municipality
14shall by ordinance limit applicants to residents of the
15municipality, county or counties in which the municipality is
16located, State, or nation. Any examination and testing
17procedure utilized under subsection (e) of this Section shall
18be supported by appropriate validation evidence and shall
19comply with all applicable State state and federal laws.
20Municipalities may establish educational, emergency medical
21service licensure, and other pre-requisites for participation
22in an examination or for hire as a firefighter. Any
23municipality may charge a fee to cover the costs of the
24application process.
25 Residency requirements in effect at the time an individual
26enters the fire service of a municipality cannot be made more

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1restrictive for that individual during his or her period of
2service for that municipality, or be made a condition of
3promotion, except for the rank or position of fire chief and
4for no more than 2 positions that rank immediately below that
5of the chief rank which are appointed positions pursuant to the
6Fire Department Promotion Act.
7 No person who is 35 years of age or older shall be eligible
8to take an examination for a position as a firefighter unless
9the person has had previous employment status as a firefighter
10in the regularly constituted fire department of the
11municipality, except as provided in this Section. The age
12limitation does not apply to:
13 (1) any person previously employed as a full-time
14 firefighter in a regularly constituted fire department of
15 (i) any municipality or fire protection district located in
16 Illinois, (ii) a fire protection district whose
17 obligations were assumed by a municipality under Section 21
18 of the Fire Protection District Act, or (iii) a
19 municipality whose obligations were taken over by a fire
20 protection district, or
21 (2) any person who has served a municipality as a
22 regularly enrolled volunteer, paid-on-call, or part-time
23 firefighter for the 5 years immediately preceding the time
24 that the municipality begins to use full-time firefighters
25 to provide all or part of its fire protection service.
26 No person who is under 21 years of age shall be eligible

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1for employment as a firefighter.
2 No applicant shall be examined concerning his or her
3political or religious opinions or affiliations. The
4examinations shall be conducted by the commissioners of the
5municipality or their designees and agents.
6 No municipality shall require that any firefighter
7appointed to the lowest rank serve a probationary employment
8period of longer than one year of actual active employment,
9which may exclude periods of training, or injury or illness
10leaves, including duty related leave, in excess of 30 calendar
11days. Notwithstanding anything to the contrary in this Section,
12the probationary employment period limitation may be extended
13for a firefighter who is required, as a condition of
14employment, to be a licensed paramedic, during which time the
15sole reason that a firefighter may be discharged without a
16hearing is for failing to meet the requirements for paramedic
17licensure.
18 In the event that any applicant who has been found eligible
19for appointment and whose name has been placed upon the final
20eligibility register provided for in this Division 1 has not
21been appointed to a firefighter position within one year after
22the date of his or her physical ability examination, the
23commission may cause a second examination to be made of that
24applicant's physical ability prior to his or her appointment.
25If, after the second examination, the physical ability of the
26applicant shall be found to be less than the minimum standard

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1fixed by the rules of the commission, the applicant shall not
2be appointed. The applicant's name may be retained upon the
3register of candidates eligible for appointment and when next
4reached for certification and appointment that applicant may be
5again examined as provided in this Section, and if the physical
6ability of that applicant is found to be less than the minimum
7standard fixed by the rules of the commission, the applicant
8shall not be appointed, and the name of the applicant shall be
9removed from the register.
10 (d) Notice, examination, and testing components. Notice of
11the time, place, general scope, merit criteria for any
12subjective component, and fee of every examination shall be
13given by the commission, by a publication at least 2 weeks
14preceding the examination: (i) in one or more newspapers
15published in the municipality, or if no newspaper is published
16therein, then in one or more newspapers with a general
17circulation within the municipality, or (ii) on the
18municipality's Internet website. Additional notice of the
19examination may be given as the commission shall prescribe.
20 The examination and qualifying standards for employment of
21firefighters shall be based on: mental aptitude, physical
22ability, preferences, moral character, and health. The mental
23aptitude, physical ability, and preference components shall
24determine an applicant's qualification for and placement on the
25final register of eligibles. The examination may also include a
26subjective component based on merit criteria as determined by

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1the commission. Scores from the examination must be made
2available to the public.
3 (e) Mental aptitude. No person who does not possess at
4least a high school diploma or an equivalent high school
5education shall be placed on a register of eligibles.
6Examination of an applicant's mental aptitude shall be based
7upon a written examination. The examination shall be practical
8in character and relate to those matters that fairly test the
9capacity of the persons examined to discharge the duties
10performed by members of a fire department. Written examinations
11shall be administered in a manner that ensures the security and
12accuracy of the scores achieved.
13 (f) Physical ability. All candidates shall be required to
14undergo an examination of their physical ability to perform the
15essential functions included in the duties they may be called
16upon to perform as a member of a fire department. For the
17purposes of this Section, essential functions of the job are
18functions associated with duties that a firefighter may be
19called upon to perform in response to emergency calls. The
20frequency of the occurrence of those duties as part of the fire
21department's regular routine shall not be a controlling factor
22in the design of examination criteria or evolutions selected
23for testing. These physical examinations shall be open,
24competitive, and based on industry standards designed to test
25each applicant's physical abilities in the following
26dimensions:

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1 (1) Muscular strength to perform tasks and evolutions
2 that may be required in the performance of duties including
3 grip strength, leg strength, and arm strength. Tests shall
4 be conducted under anaerobic as well as aerobic conditions
5 to test both the candidate's speed and endurance in
6 performing tasks and evolutions. Tasks tested may be based
7 on standards developed, or approved, by the local
8 appointing authority.
9 (2) The ability to climb ladders, operate from heights,
10 walk or crawl in the dark along narrow and uneven surfaces,
11 and operate in proximity to hazardous environments.
12 (3) The ability to carry out critical, time-sensitive,
13 and complex problem solving during physical exertion in
14 stressful and hazardous environments. The testing
15 environment may be hot and dark with tightly enclosed
16 spaces, flashing lights, sirens, and other distractions.
17 The tests utilized to measure each applicant's
18capabilities in each of these dimensions may be tests based on
19industry standards currently in use or equivalent tests
20approved by the Joint Labor-Management Committee of the Office
21of the State Fire Marshal.
22 Physical ability examinations administered under this
23Section shall be conducted with a reasonable number of proctors
24and monitors, open to the public, and subject to reasonable
25regulations of the commission.
26 (g) Scoring of examination components. Appointing

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1authorities may create a preliminary eligibility register. A
2person shall be placed on the list based upon his or her
3passage of the written examination or the passage of the
4written examination and the physical ability component.
5Passage of the written examination means attaining the minimum
6score set by the commission. Minimum scores should be set by
7the commission so as to demonstrate a candidate's ability to
8perform the essential functions of the job. The minimum score
9set by the commission shall be supported by appropriate
10validation evidence and shall comply with all applicable State
11state and federal laws. The appointing authority may conduct
12the physical ability component and any subjective components
13subsequent to the posting of the preliminary eligibility
14register.
15 The examination components for an initial eligibility
16register shall be graded on a 100-point scale. A person's
17position on the list shall be determined by the following: (i)
18the person's score on the written examination, (ii) the person
19successfully passing the physical ability component, and (iii)
20the person's results on any subjective component as described
21in subsection (d).
22 In order to qualify for placement on the final eligibility
23register, an applicant's score on the written examination,
24before any applicable preference points or subjective points
25are applied, shall be at or above the minimum score set by the
26commission. The local appointing authority may prescribe the

HB4137 Engrossed- 189 -LRB099 07987 AMC 28127 b
1score to qualify for placement on the final eligibility
2register, but the score shall not be less than the minimum
3score set by the commission.
4 The commission shall prepare and keep a register of persons
5whose total score is not less than the minimum score for
6passage and who have passed the physical ability examination.
7These persons shall take rank upon the register as candidates
8in the order of their relative excellence based on the highest
9to the lowest total points scored on the mental aptitude,
10subjective component, and preference components of the test
11administered in accordance with this Section. No more than 60
12days after each examination, an initial eligibility list shall
13be posted by the commission. The list shall include the final
14grades of the candidates without reference to priority of the
15time of examination and subject to claim for preference credit.
16 Commissions may conduct additional examinations, including
17without limitation a polygraph test, after a final eligibility
18register is established and before it expires with the
19candidates ranked by total score without regard to date of
20examination. No more than 60 days after each examination, an
21initial eligibility list shall be posted by the commission
22showing the final grades of the candidates without reference to
23priority of time of examination and subject to claim for
24preference credit.
25 (h) Preferences. The following are preferences:
26 (1) Veteran preference. Persons who were engaged in the

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1 military service of the United States for a period of at
2 least one year of active duty and who were honorably
3 discharged therefrom, or who are now or have been members
4 on inactive or reserve duty in such military or naval
5 service, shall be preferred for appointment to and
6 employment with the fire department of an affected
7 department.
8 (2) Fire cadet preference. Persons who have
9 successfully completed 2 years of study in fire techniques
10 or cadet training within a cadet program established under
11 the rules of the Joint Labor and Management Committee
12 (JLMC), as defined in Section 50 of the Fire Department
13 Promotion Act, may be preferred for appointment to and
14 employment with the fire department.
15 (3) Educational preference. Persons who have
16 successfully obtained an associate's degree in the field of
17 fire service or emergency medical services, or a bachelor's
18 degree from an accredited college or university may be
19 preferred for appointment to and employment with the fire
20 department.
21 (4) Paramedic preference. Persons who have obtained a
22 license as a paramedic may be preferred for appointment to
23 and employment with the fire department of an affected
24 department providing emergency medical services.
25 (5) Experience preference. All persons employed by a
26 municipality who have been paid-on-call or part-time

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1 certified Firefighter II, certified Firefighter III, State
2 of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
3 paramedic, or any combination of those capacities may be
4 awarded up to a maximum of 5 points. However, the applicant
5 may not be awarded more than 0.5 points for each complete
6 year of paid-on-call or part-time service. Applicants from
7 outside the municipality who were employed as full-time
8 firefighters or firefighter-paramedics by a fire
9 protection district or another municipality may be awarded
10 up to 5 experience preference points. However, the
11 applicant may not be awarded more than one point for each
12 complete year of full-time service.
13 Upon request by the commission, the governing body of
14 the municipality or in the case of applicants from outside
15 the municipality the governing body of any fire protection
16 district or any other municipality shall certify to the
17 commission, within 10 days after the request, the number of
18 years of successful paid-on-call, part-time, or full-time
19 service of any person. A candidate may not receive the full
20 amount of preference points under this subsection if the
21 amount of points awarded would place the candidate before a
22 veteran on the eligibility list. If more than one candidate
23 receiving experience preference points is prevented from
24 receiving all of their points due to not being allowed to
25 pass a veteran, the candidates shall be placed on the list
26 below the veteran in rank order based on the totals

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1 received if all points under this subsection were to be
2 awarded. Any remaining ties on the list shall be determined
3 by lot.
4 (6) Residency preference. Applicants whose principal
5 residence is located within the fire department's
6 jurisdiction may be preferred for appointment to and
7 employment with the fire department.
8 (7) Additional preferences. Up to 5 additional
9 preference points may be awarded for unique categories
10 based on an applicant's experience or background as
11 identified by the commission.
12 (8) Scoring of preferences. The commission shall give
13 preference for original appointment to persons designated
14 in item (1) by adding to the final grade that they receive
15 5 points for the recognized preference achieved. The
16 commission shall determine the number of preference points
17 for each category except (1). The number of preference
18 points for each category shall range from 0 to 5. In
19 determining the number of preference points, the
20 commission shall prescribe that if a candidate earns the
21 maximum number of preference points in all categories, that
22 number may not be less than 10 nor more than 30. The
23 commission shall give preference for original appointment
24 to persons designated in items (2) through (7) by adding
25 the requisite number of points to the final grade for each
26 recognized preference achieved. The numerical result thus

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1 attained shall be applied by the commission in determining
2 the final eligibility list and appointment from the
3 eligibility list. The local appointing authority may
4 prescribe the total number of preference points awarded
5 under this Section, but the total number of preference
6 points shall not be less than 10 points or more than 30
7 points.
8 No person entitled to any preference shall be required to
9claim the credit before any examination held under the
10provisions of this Section, but the preference shall be given
11after the posting or publication of the initial eligibility
12list or register at the request of a person entitled to a
13credit before any certification or appointments are made from
14the eligibility register, upon the furnishing of verifiable
15evidence and proof of qualifying preference credit. Candidates
16who are eligible for preference credit shall make a claim in
17writing within 10 days after the posting of the initial
18eligibility list, or the claim shall be deemed waived. Final
19eligibility registers shall be established after the awarding
20of verified preference points. All employment shall be subject
21to the commission's initial hire background review including,
22but not limited to, criminal history, employment history, moral
23character, oral examination, and medical and psychological
24examinations, all on a pass-fail basis. The medical and
25psychological examinations must be conducted last, and may only
26be performed after a conditional offer of employment has been

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1extended.
2 Any person placed on an eligibility list who exceeds the
3age requirement before being appointed to a fire department
4shall remain eligible for appointment until the list is
5abolished, or his or her name has been on the list for a period
6of 2 years. No person who has attained the age of 35 years
7shall be inducted into a fire department, except as otherwise
8provided in this Section.
9 The commission shall strike off the names of candidates for
10original appointment after the names have been on the list for
11more than 2 years.
12 (i) Moral character. No person shall be appointed to a fire
13department unless he or she is a person of good character; not
14a habitual drunkard, a gambler, or a person who has been
15convicted of a felony or a crime involving moral turpitude.
16However, no person shall be disqualified from appointment to
17the fire department because of the person's record of
18misdemeanor convictions except those under Sections 11-6,
1911-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2012-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2131-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
221, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
23Criminal Code of 2012, or arrest for any cause without
24conviction thereon. Any such person who is in the department
25may be removed on charges brought for violating this subsection
26and after a trial as hereinafter provided.

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1 A classifiable set of the fingerprints of every person who
2is offered employment as a certificated member of an affected
3fire department whether with or without compensation, shall be
4furnished to the Illinois Department of State Police and to the
5Federal Bureau of Investigation by the commission.
6 Whenever a commission is authorized or required by law to
7consider some aspect of criminal history record information for
8the purpose of carrying out its statutory powers and
9responsibilities, then, upon request and payment of fees in
10conformance with the requirements of Section 2605-400 of the
11State Police Law of the Civil Administrative Code of Illinois,
12the Department of State Police is authorized to furnish,
13pursuant to positive identification, the information contained
14in State files as is necessary to fulfill the request.
15 (j) Temporary appointments. In order to prevent a stoppage
16of public business, to meet extraordinary exigencies, or to
17prevent material impairment of the fire department, the
18commission may make temporary appointments, to remain in force
19only until regular appointments are made under the provisions
20of this Division, but never to exceed 60 days. No temporary
21appointment of any one person shall be made more than twice in
22any calendar year.
23 (k) A person who knowingly divulges or receives test
24questions or answers before a written examination, or otherwise
25knowingly violates or subverts any requirement of this Section,
26commits a violation of this Section and may be subject to

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1charges for official misconduct.
2 A person who is the knowing recipient of test information
3in advance of the examination shall be disqualified from the
4examination or discharged from the position to which he or she
5was appointed, as applicable, and otherwise subjected to
6disciplinary actions.
7(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
897-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
98-15-14; revised 10-2-14.)
10 (65 ILCS 5/10-2.1-6.3)
11 Sec. 10-2.1-6.3. Original appointments; full-time fire
12department.
13 (a) Applicability. Unless a commission elects to follow the
14provisions of Section 10-2.1-6.4, this Section shall apply to
15all original appointments to an affected full-time fire
16department. Existing registers of eligibles shall continue to
17be valid until their expiration dates, or up to a maximum of 2
18years after the effective date of this amendatory Act of the
1997th General Assembly.
20 Notwithstanding any statute, ordinance, rule, or other law
21to the contrary, all original appointments to an affected
22department to which this Section applies shall be administered
23in the manner provided for in this Section. Provisions of the
24Illinois Municipal Code, municipal ordinances, and rules
25adopted pursuant to such authority and other laws relating to

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1initial hiring of firefighters in affected departments shall
2continue to apply to the extent they are compatible with this
3Section, but in the event of a conflict between this Section
4and any other law, this Section shall control.
5 A home rule or non-home rule municipality may not
6administer its fire department process for original
7appointments in a manner that is less stringent than this
8Section. This Section is a limitation under subsection (i) of
9Section 6 of Article VII of the Illinois Constitution on the
10concurrent exercise by home rule units of the powers and
11functions exercised by the State.
12 A municipality that is operating under a court order or
13consent decree regarding original appointments to a full-time
14fire department before the effective date of this amendatory
15Act of the 97th General Assembly is exempt from the
16requirements of this Section for the duration of the court
17order or consent decree.
18 Notwithstanding any other provision of this subsection
19(a), this Section does not apply to a municipality with more
20than 1,000,000 inhabitants.
21 (b) Original appointments. All original appointments made
22to an affected fire department shall be made from a register of
23eligibles established in accordance with the processes
24established by this Section. Only persons who meet or exceed
25the performance standards required by this Section shall be
26placed on a register of eligibles for original appointment to

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1an affected fire department.
2 Whenever an appointing authority authorizes action to hire
3a person to perform the duties of a firefighter or to hire a
4firefighter-paramedic to fill a position that is a new position
5or vacancy due to resignation, discharge, promotion, death, the
6granting of a disability or retirement pension, or any other
7cause, the appointing authority shall appoint to that position
8the person with the highest ranking on the final eligibility
9list. If the appointing authority has reason to conclude that
10the highest ranked person fails to meet the minimum standards
11for the position or if the appointing authority believes an
12alternate candidate would better serve the needs of the
13department, then the appointing authority has the right to pass
14over the highest ranked person and appoint either: (i) any
15person who has a ranking in the top 5% of the register of
16eligibles or (ii) any person who is among the top 5 highest
17ranked persons on the list of eligibles if the number of people
18who have a ranking in the top 5% of the register of eligibles
19is less than 5 people.
20 Any candidate may pass on an appointment once without
21losing his or her position on the register of eligibles. Any
22candidate who passes a second time may be removed from the list
23by the appointing authority provided that such action shall not
24prejudice a person's opportunities to participate in future
25examinations, including an examination held during the time a
26candidate is already on the municipality's register of

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1eligibles.
2 The sole authority to issue certificates of appointment
3shall be vested in the board of fire and police commissioners.
4All certificates of appointment issued to any officer or member
5of an affected department shall be signed by the chairperson
6and secretary, respectively, of the board upon appointment of
7such officer or member to the affected department by action of
8the board. Each person who accepts a certificate of appointment
9and successfully completes his or her probationary period shall
10be enrolled as a firefighter and as a regular member of the
11fire department.
12 For the purposes of this Section, "firefighter" means any
13person who has been prior to, on, or after the effective date
14of this amendatory Act of the 97th General Assembly appointed
15to a fire department or fire protection district or employed by
16a State university and sworn or commissioned to perform
17firefighter duties or paramedic duties, or both, except that
18the following persons are not included: part-time
19firefighters; auxiliary, reserve, or voluntary firefighters,
20including paid-on-call firefighters; clerks and dispatchers or
21other civilian employees of a fire department or fire
22protection district who are not routinely expected to perform
23firefighter duties; and elected officials.
24 (c) Qualification for placement on register of eligibles.
25The purpose of establishing a register of eligibles is to
26identify applicants who possess and demonstrate the mental

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1aptitude and physical ability to perform the duties required of
2members of the fire department in order to provide the highest
3quality of service to the public. To this end, all applicants
4for original appointment to an affected fire department shall
5be subject to examination and testing which shall be public,
6competitive, and open to all applicants unless the municipality
7shall by ordinance limit applicants to residents of the
8municipality, county or counties in which the municipality is
9located, State, or nation. Any examination and testing
10procedure utilized under subsection (e) of this Section shall
11be supported by appropriate validation evidence and shall
12comply with all applicable State state and federal laws.
13Municipalities may establish educational, emergency medical
14service licensure, and other pre-requisites for participation
15in an examination or for hire as a firefighter. Any
16municipality may charge a fee to cover the costs of the
17application process.
18 Residency requirements in effect at the time an individual
19enters the fire service of a municipality cannot be made more
20restrictive for that individual during his or her period of
21service for that municipality, or be made a condition of
22promotion, except for the rank or position of fire chief and
23for no more than 2 positions that rank immediately below that
24of the chief rank which are appointed positions pursuant to the
25Fire Department Promotion Act.
26 No person who is 35 years of age or older shall be eligible

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1to take an examination for a position as a firefighter unless
2the person has had previous employment status as a firefighter
3in the regularly constituted fire department of the
4municipality, except as provided in this Section. The age
5limitation does not apply to:
6 (1) any person previously employed as a full-time
7 firefighter in a regularly constituted fire department of
8 (i) any municipality or fire protection district located in
9 Illinois, (ii) a fire protection district whose
10 obligations were assumed by a municipality under Section 21
11 of the Fire Protection District Act, or (iii) a
12 municipality whose obligations were taken over by a fire
13 protection district, or
14 (2) any person who has served a municipality as a
15 regularly enrolled volunteer, paid-on-call, or part-time
16 firefighter for the 5 years immediately preceding the time
17 that the municipality begins to use full-time firefighters
18 to provide all or part of its fire protection service.
19 No person who is under 21 years of age shall be eligible
20for employment as a firefighter.
21 No applicant shall be examined concerning his or her
22political or religious opinions or affiliations. The
23examinations shall be conducted by the commissioners of the
24municipality or their designees and agents.
25 No municipality shall require that any firefighter
26appointed to the lowest rank serve a probationary employment

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1period of longer than one year of actual active employment,
2which may exclude periods of training, or injury or illness
3leaves, including duty related leave, in excess of 30 calendar
4days. Notwithstanding anything to the contrary in this Section,
5the probationary employment period limitation may be extended
6for a firefighter who is required, as a condition of
7employment, to be a licensed paramedic, during which time the
8sole reason that a firefighter may be discharged without a
9hearing is for failing to meet the requirements for paramedic
10licensure.
11 In the event that any applicant who has been found eligible
12for appointment and whose name has been placed upon the final
13eligibility register provided for in this Section has not been
14appointed to a firefighter position within one year after the
15date of his or her physical ability examination, the commission
16may cause a second examination to be made of that applicant's
17physical ability prior to his or her appointment. If, after the
18second examination, the physical ability of the applicant shall
19be found to be less than the minimum standard fixed by the
20rules of the commission, the applicant shall not be appointed.
21The applicant's name may be retained upon the register of
22candidates eligible for appointment and when next reached for
23certification and appointment that applicant may be again
24examined as provided in this Section, and if the physical
25ability of that applicant is found to be less than the minimum
26standard fixed by the rules of the commission, the applicant

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1shall not be appointed, and the name of the applicant shall be
2removed from the register.
3 (d) Notice, examination, and testing components. Notice of
4the time, place, general scope, merit criteria for any
5subjective component, and fee of every examination shall be
6given by the commission, by a publication at least 2 weeks
7preceding the examination: (i) in one or more newspapers
8published in the municipality, or if no newspaper is published
9therein, then in one or more newspapers with a general
10circulation within the municipality, or (ii) on the
11municipality's Internet website. Additional notice of the
12examination may be given as the commission shall prescribe.
13 The examination and qualifying standards for employment of
14firefighters shall be based on: mental aptitude, physical
15ability, preferences, moral character, and health. The mental
16aptitude, physical ability, and preference components shall
17determine an applicant's qualification for and placement on the
18final register of eligibles. The examination may also include a
19subjective component based on merit criteria as determined by
20the commission. Scores from the examination must be made
21available to the public.
22 (e) Mental aptitude. No person who does not possess at
23least a high school diploma or an equivalent high school
24education shall be placed on a register of eligibles.
25Examination of an applicant's mental aptitude shall be based
26upon a written examination. The examination shall be practical

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1in character and relate to those matters that fairly test the
2capacity of the persons examined to discharge the duties
3performed by members of a fire department. Written examinations
4shall be administered in a manner that ensures the security and
5accuracy of the scores achieved.
6 (f) Physical ability. All candidates shall be required to
7undergo an examination of their physical ability to perform the
8essential functions included in the duties they may be called
9upon to perform as a member of a fire department. For the
10purposes of this Section, essential functions of the job are
11functions associated with duties that a firefighter may be
12called upon to perform in response to emergency calls. The
13frequency of the occurrence of those duties as part of the fire
14department's regular routine shall not be a controlling factor
15in the design of examination criteria or evolutions selected
16for testing. These physical examinations shall be open,
17competitive, and based on industry standards designed to test
18each applicant's physical abilities in the following
19dimensions:
20 (1) Muscular strength to perform tasks and evolutions
21 that may be required in the performance of duties including
22 grip strength, leg strength, and arm strength. Tests shall
23 be conducted under anaerobic as well as aerobic conditions
24 to test both the candidate's speed and endurance in
25 performing tasks and evolutions. Tasks tested may be based
26 on standards developed, or approved, by the local

HB4137 Engrossed- 205 -LRB099 07987 AMC 28127 b
1 appointing authority.
2 (2) The ability to climb ladders, operate from heights,
3 walk or crawl in the dark along narrow and uneven surfaces,
4 and operate in proximity to hazardous environments.
5 (3) The ability to carry out critical, time-sensitive,
6 and complex problem solving during physical exertion in
7 stressful and hazardous environments. The testing
8 environment may be hot and dark with tightly enclosed
9 spaces, flashing lights, sirens, and other distractions.
10 The tests utilized to measure each applicant's
11capabilities in each of these dimensions may be tests based on
12industry standards currently in use or equivalent tests
13approved by the Joint Labor-Management Committee of the Office
14of the State Fire Marshal.
15 Physical ability examinations administered under this
16Section shall be conducted with a reasonable number of proctors
17and monitors, open to the public, and subject to reasonable
18regulations of the commission.
19 (g) Scoring of examination components. Appointing
20authorities may create a preliminary eligibility register. A
21person shall be placed on the list based upon his or her
22passage of the written examination or the passage of the
23written examination and the physical ability component.
24Passage of the written examination means attaining the minimum
25score set by the commission. Minimum scores should be set by
26the commission so as to demonstrate a candidate's ability to

HB4137 Engrossed- 206 -LRB099 07987 AMC 28127 b
1perform the essential functions of the job. The minimum score
2set by the commission shall be supported by appropriate
3validation evidence and shall comply with all applicable State
4state and federal laws. The appointing authority may conduct
5the physical ability component and any subjective components
6subsequent to the posting of the preliminary eligibility
7register.
8 The examination components for an initial eligibility
9register shall be graded on a 100-point scale. A person's
10position on the list shall be determined by the following: (i)
11the person's score on the written examination, (ii) the person
12successfully passing the physical ability component, and (iii)
13the person's results on any subjective component as described
14in subsection (d).
15 In order to qualify for placement on the final eligibility
16register, an applicant's score on the written examination,
17before any applicable preference points or subjective points
18are applied, shall be at or above the minimum score as set by
19the commission. The local appointing authority may prescribe
20the score to qualify for placement on the final eligibility
21register, but the score shall not be less than the minimum
22score set by the commission.
23 The commission shall prepare and keep a register of persons
24whose total score is not less than the minimum score for
25passage and who have passed the physical ability examination.
26These persons shall take rank upon the register as candidates

HB4137 Engrossed- 207 -LRB099 07987 AMC 28127 b
1in the order of their relative excellence based on the highest
2to the lowest total points scored on the mental aptitude,
3subjective component, and preference components of the test
4administered in accordance with this Section. No more than 60
5days after each examination, an initial eligibility list shall
6be posted by the commission. The list shall include the final
7grades of the candidates without reference to priority of the
8time of examination and subject to claim for preference credit.
9 Commissions may conduct additional examinations, including
10without limitation a polygraph test, after a final eligibility
11register is established and before it expires with the
12candidates ranked by total score without regard to date of
13examination. No more than 60 days after each examination, an
14initial eligibility list shall be posted by the commission
15showing the final grades of the candidates without reference to
16priority of time of examination and subject to claim for
17preference credit.
18 (h) Preferences. The following are preferences:
19 (1) Veteran preference. Persons who were engaged in the
20 military service of the United States for a period of at
21 least one year of active duty and who were honorably
22 discharged therefrom, or who are now or have been members
23 on inactive or reserve duty in such military or naval
24 service, shall be preferred for appointment to and
25 employment with the fire department of an affected
26 department.

HB4137 Engrossed- 208 -LRB099 07987 AMC 28127 b
1 (2) Fire cadet preference. Persons who have
2 successfully completed 2 years of study in fire techniques
3 or cadet training within a cadet program established under
4 the rules of the Joint Labor and Management Committee
5 (JLMC), as defined in Section 50 of the Fire Department
6 Promotion Act, may be preferred for appointment to and
7 employment with the fire department.
8 (3) Educational preference. Persons who have
9 successfully obtained an associate's degree in the field of
10 fire service or emergency medical services, or a bachelor's
11 degree from an accredited college or university may be
12 preferred for appointment to and employment with the fire
13 department.
14 (4) Paramedic preference. Persons who have obtained a
15 license as a paramedic shall be preferred for appointment
16 to and employment with the fire department of an affected
17 department providing emergency medical services.
18 (5) Experience preference. All persons employed by a
19 municipality who have been paid-on-call or part-time
20 certified Firefighter II, State of Illinois or nationally
21 licensed EMT, EMT-I, A-EMT, or any combination of those
22 capacities shall be awarded 0.5 point for each year of
23 successful service in one or more of those capacities, up
24 to a maximum of 5 points. Certified Firefighter III and
25 State of Illinois or nationally licensed paramedics shall
26 be awarded one point per year up to a maximum of 5 points.

HB4137 Engrossed- 209 -LRB099 07987 AMC 28127 b
1 Applicants from outside the municipality who were employed
2 as full-time firefighters or firefighter-paramedics by a
3 fire protection district or another municipality for at
4 least 2 years shall be awarded 5 experience preference
5 points. These additional points presuppose a rating scale
6 totaling 100 points available for the eligibility list. If
7 more or fewer points are used in the rating scale for the
8 eligibility list, the points awarded under this subsection
9 shall be increased or decreased by a factor equal to the
10 total possible points available for the examination
11 divided by 100.
12 Upon request by the commission, the governing body of
13 the municipality or in the case of applicants from outside
14 the municipality the governing body of any fire protection
15 district or any other municipality shall certify to the
16 commission, within 10 days after the request, the number of
17 years of successful paid-on-call, part-time, or full-time
18 service of any person. A candidate may not receive the full
19 amount of preference points under this subsection if the
20 amount of points awarded would place the candidate before a
21 veteran on the eligibility list. If more than one candidate
22 receiving experience preference points is prevented from
23 receiving all of their points due to not being allowed to
24 pass a veteran, the candidates shall be placed on the list
25 below the veteran in rank order based on the totals
26 received if all points under this subsection were to be

HB4137 Engrossed- 210 -LRB099 07987 AMC 28127 b
1 awarded. Any remaining ties on the list shall be determined
2 by lot.
3 (6) Residency preference. Applicants whose principal
4 residence is located within the fire department's
5 jurisdiction shall be preferred for appointment to and
6 employment with the fire department.
7 (7) Additional preferences. Up to 5 additional
8 preference points may be awarded for unique categories
9 based on an applicant's experience or background as
10 identified by the commission.
11 (8) Scoring of preferences. The commission shall give
12 preference for original appointment to persons designated
13 in item (1) by adding to the final grade that they receive
14 5 points for the recognized preference achieved. The
15 commission shall determine the number of preference points
16 for each category except (1). The number of preference
17 points for each category shall range from 0 to 5. In
18 determining the number of preference points, the
19 commission shall prescribe that if a candidate earns the
20 maximum number of preference points in all categories, that
21 number may not be less than 10 nor more than 30. The
22 commission shall give preference for original appointment
23 to persons designated in items (2) through (7) by adding
24 the requisite number of points to the final grade for each
25 recognized preference achieved. The numerical result thus
26 attained shall be applied by the commission in determining

HB4137 Engrossed- 211 -LRB099 07987 AMC 28127 b
1 the final eligibility list and appointment from the
2 eligibility list. The local appointing authority may
3 prescribe the total number of preference points awarded
4 under this Section, but the total number of preference
5 points shall not be less than 10 points or more than 30
6 points.
7 No person entitled to any preference shall be required to
8claim the credit before any examination held under the
9provisions of this Section, but the preference shall be given
10after the posting or publication of the initial eligibility
11list or register at the request of a person entitled to a
12credit before any certification or appointments are made from
13the eligibility register, upon the furnishing of verifiable
14evidence and proof of qualifying preference credit. Candidates
15who are eligible for preference credit shall make a claim in
16writing within 10 days after the posting of the initial
17eligibility list, or the claim shall be deemed waived. Final
18eligibility registers shall be established after the awarding
19of verified preference points. All employment shall be subject
20to the commission's initial hire background review including,
21but not limited to, criminal history, employment history, moral
22character, oral examination, and medical and psychological
23examinations, all on a pass-fail basis. The medical and
24psychological examinations must be conducted last, and may only
25be performed after a conditional offer of employment has been
26extended.

HB4137 Engrossed- 212 -LRB099 07987 AMC 28127 b
1 Any person placed on an eligibility list who exceeds the
2age requirement before being appointed to a fire department
3shall remain eligible for appointment until the list is
4abolished, or his or her name has been on the list for a period
5of 2 years. No person who has attained the age of 35 years
6shall be inducted into a fire department, except as otherwise
7provided in this Section.
8 The commission shall strike off the names of candidates for
9original appointment after the names have been on the list for
10more than 2 years.
11 (i) Moral character. No person shall be appointed to a fire
12department unless he or she is a person of good character; not
13a habitual drunkard, a gambler, or a person who has been
14convicted of a felony or a crime involving moral turpitude.
15However, no person shall be disqualified from appointment to
16the fire department because of the person's record of
17misdemeanor convictions except those under Sections 11-6,
1811-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1912-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2031-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
211, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
22Criminal Code of 2012, or arrest for any cause without
23conviction thereon. Any such person who is in the department
24may be removed on charges brought for violating this subsection
25and after a trial as hereinafter provided.
26 A classifiable set of the fingerprints of every person who

HB4137 Engrossed- 213 -LRB099 07987 AMC 28127 b
1is offered employment as a certificated member of an affected
2fire department whether with or without compensation, shall be
3furnished to the Illinois Department of State Police and to the
4Federal Bureau of Investigation by the commission.
5 Whenever a commission is authorized or required by law to
6consider some aspect of criminal history record information for
7the purpose of carrying out its statutory powers and
8responsibilities, then, upon request and payment of fees in
9conformance with the requirements of Section 2605-400 of the
10State Police Law of the Civil Administrative Code of Illinois,
11the Department of State Police is authorized to furnish,
12pursuant to positive identification, the information contained
13in State files as is necessary to fulfill the request.
14 (j) Temporary appointments. In order to prevent a stoppage
15of public business, to meet extraordinary exigencies, or to
16prevent material impairment of the fire department, the
17commission may make temporary appointments, to remain in force
18only until regular appointments are made under the provisions
19of this Division, but never to exceed 60 days. No temporary
20appointment of any one person shall be made more than twice in
21any calendar year.
22 (k) A person who knowingly divulges or receives test
23questions or answers before a written examination, or otherwise
24knowingly violates or subverts any requirement of this Section,
25commits a violation of this Section and may be subject to
26charges for official misconduct.

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1 A person who is the knowing recipient of test information
2in advance of the examination shall be disqualified from the
3examination or discharged from the position to which he or she
4was appointed, as applicable, and otherwise subjected to
5disciplinary actions.
6(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
797-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
88-15-14, revised 10-2-14.)
9 (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
10 Sec. 11-12-5. Every plan commission and planning
11department authorized by this Division 12 has the following
12powers and whenever in this Division 12 the term plan
13commission is used such term shall be deemed to include the
14term planning department:
15 (1) To prepare and recommend to the corporate
16 authorities a comprehensive plan for the present and future
17 development or redevelopment of the municipality. Such
18 plan may be adopted in whole or in separate geographical or
19 functional parts, each of which, when adopted, shall be the
20 official comprehensive plan, or part thereof, of that
21 municipality. This plan may include reasonable
22 requirements with reference to streets, alleys, public
23 grounds, and other improvements hereinafter specified. The
24 plan, as recommended by the plan commission and as
25 thereafter adopted in any municipality in this state, may

HB4137 Engrossed- 215 -LRB099 07987 AMC 28127 b
1 be made applicable, by the terms thereof, to land situated
2 within the corporate limits and contiguous territory not
3 more than one and one-half miles beyond the corporate
4 limits and not included in any municipality. Such plan may
5 be implemented by ordinances (a) establishing reasonable
6 standards of design for subdivisions and for
7 resubdivisions of unimproved land and of areas subject to
8 redevelopment in respect to public improvements as herein
9 defined; (b) establishing reasonable requirements
10 governing the location, width, course, and surfacing of
11 public streets and highways, alleys, ways for public
12 service facilities, curbs, gutters, sidewalks, street
13 lights, parks, playgrounds, school grounds, size of lots to
14 be used for residential purposes, storm water drainage,
15 water supply and distribution, sanitary sewers, and sewage
16 collection and treatment; and (c) may designate land
17 suitable for annexation to the municipality and the
18 recommended zoning classification for such land upon
19 annexation.
20 (2) To recommend changes, from time to time, in the
21 official comprehensive plan.
22 (3) To prepare and recommend to the corporate
23 authorities, from time to time, plans for specific
24 improvements in pursuance of the official comprehensive
25 plan.
26 (4) To give aid to the municipal officials charged with

HB4137 Engrossed- 216 -LRB099 07987 AMC 28127 b
1 the direction of projects for improvements embraced within
2 the official plan, to further the making of these projects,
3 and, generally, to promote the realization of the official
4 comprehensive plan.
5 (5) To prepare and recommend to the corporate
6 authorities schemes for regulating or forbidding
7 structures or activities which may hinder access to solar
8 energy necessary for the proper functioning of solar energy
9 systems, as defined in Section 1.2 of The Comprehensive
10 Solar Energy Act of 1977, or to recommend changes in such
11 schemes.
12 (6) To exercise such other powers germane to the powers
13 granted by this article as may be conferred by the
14 corporate authorities.
15 (7) For purposes of implementing ordinances regarding
16developer donations or impact fees, and specifically for
17expenditures thereof, "school grounds" is defined as including
18land or site improvements, which include school buildings or
19other infrastructure, including technological infrastructure,
20necessitated and specifically and uniquely attributed to the
21development or subdivision in question. This amendatory Act of
22the 93rd General Assembly applies to all impact fees or
23developer donations paid into a school district or held in a
24separate account or escrow fund by any school district or
25municipality for a school district.
26(Source: P.A. 98-741, eff. 1-1-15; revised 12-1-14.)

HB4137 Engrossed- 217 -LRB099 07987 AMC 28127 b
1 (65 ILCS 5/11-74.4-3.5)
2 Sec. 11-74.4-3.5. Completion dates for redevelopment
3projects.
4 (a) Unless otherwise stated in this Section, the estimated
5dates of completion of the redevelopment project and retirement
6of obligations issued to finance redevelopment project costs
7(including refunding bonds under Section 11-74.4-7) may not be
8later than December 31 of the year in which the payment to the
9municipal treasurer, as provided in subsection (b) of Section
1011-74.4-8 of this Act, is to be made with respect to ad valorem
11taxes levied in the 23rd calendar year after the year in which
12the ordinance approving the redevelopment project area was
13adopted if the ordinance was adopted on or after January 15,
141981.
15 (b) The estimated dates of completion of the redevelopment
16project and retirement of obligations issued to finance
17redevelopment project costs (including refunding bonds under
18Section 11-74.4-7) may not be later than December 31 of the
19year in which the payment to the municipal treasurer as
20provided in subsection (b) of Section 11-74.4-8 of this Act is
21to be made with respect to ad valorem taxes levied in the 32nd
22calendar year after the year in which the ordinance approving
23the redevelopment project area was adopted if the ordinance was
24adopted on September 9, 1999 by the Village of Downs.
25 The estimated dates of completion of the redevelopment

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1project and retirement of obligations issued to finance
2redevelopment project costs (including refunding bonds under
3Section 11-74.4-7) may not be later than December 31 of the
4year in which the payment to the municipal treasurer as
5provided in subsection (b) of Section 11-74.4-8 of this Act is
6to be made with respect to ad valorem taxes levied in the 33rd
7calendar year after the year in which the ordinance approving
8the redevelopment project area was adopted if the ordinance was
9adopted on May 20, 1985 by the Village of Wheeling.
10 The estimated dates of completion of the redevelopment
11project and retirement of obligations issued to finance
12redevelopment project costs (including refunding bonds under
13Section 11-74.4-7) may not be later than December 31 of the
14year in which the payment to the municipal treasurer as
15provided in subsection (b) of Section 11-74.4-8 of this Act is
16to be made with respect to ad valorem taxes levied in the 28th
17calendar year after the year in which the ordinance approving
18the redevelopment project area was adopted if the ordinance was
19adopted on October 12, 1989 by the City of Lawrenceville.
20 (c) The estimated dates of completion of the redevelopment
21project and retirement of obligations issued to finance
22redevelopment project costs (including refunding bonds under
23Section 11-74.4-7) may not be later than December 31 of the
24year in which the payment to the municipal treasurer as
25provided in subsection (b) of Section 11-74.4-8 of this Act is
26to be made with respect to ad valorem taxes levied in the 35th

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1calendar year after the year in which the ordinance approving
2the redevelopment project area was adopted:
3 (1) If if the ordinance was adopted before January 15,
4 1981. ;
5 (2) If if the ordinance was adopted in December 1983,
6 April 1984, July 1985, or December 1989. ;
7 (3) If if the ordinance was adopted in December 1987
8 and the redevelopment project is located within one mile of
9 Midway Airport. ;
10 (4) If if the ordinance was adopted before January 1,
11 1987 by a municipality in Mason County. ;
12 (5) If if the municipality is subject to the Local
13 Government Financial Planning and Supervision Act or the
14 Financially Distressed City Law. ;
15 (6) If if the ordinance was adopted in December 1984 by
16 the Village of Rosemont. ;
17 (7) If if the ordinance was adopted on December 31,
18 1986 by a municipality located in Clinton County for which
19 at least $250,000 of tax increment bonds were authorized on
20 June 17, 1997, or if the ordinance was adopted on December
21 31, 1986 by a municipality with a population in 1990 of
22 less than 3,600 that is located in a county with a
23 population in 1990 of less than 34,000 and for which at
24 least $250,000 of tax increment bonds were authorized on
25 June 17, 1997. ;
26 (8) If if the ordinance was adopted on October 5, 1982

HB4137 Engrossed- 220 -LRB099 07987 AMC 28127 b
1 by the City of Kankakee, or if the ordinance was adopted on
2 December 29, 1986 by East St. Louis. ;
3 (9) If if the ordinance was adopted on November 12,
4 1991 by the Village of Sauget. ;
5 (10) If if the ordinance was adopted on February 11,
6 1985 by the City of Rock Island. ;
7 (11) If if the ordinance was adopted before December
8 18, 1986 by the City of Moline. ;
9 (12) If if the ordinance was adopted in September 1988
10 by Sauk Village. ;
11 (13) If if the ordinance was adopted in October 1993 by
12 Sauk Village. ;
13 (14) If if the ordinance was adopted on December 29,
14 1986 by the City of Galva. ;
15 (15) If if the ordinance was adopted in March 1991 by
16 the City of Centreville. ;
17 (16) If if the ordinance was adopted on January 23,
18 1991 by the City of East St. Louis. ;
19 (17) If if the ordinance was adopted on December 22,
20 1986 by the City of Aledo. ;
21 (18) If if the ordinance was adopted on February 5,
22 1990 by the City of Clinton. ;
23 (19) If if the ordinance was adopted on September 6,
24 1994 by the City of Freeport. ;
25 (20) If if the ordinance was adopted on December 22,
26 1986 by the City of Tuscola. ;

HB4137 Engrossed- 221 -LRB099 07987 AMC 28127 b
1 (21) If if the ordinance was adopted on December 23,
2 1986 by the City of Sparta. ;
3 (22) If if the ordinance was adopted on December 23,
4 1986 by the City of Beardstown. ;
5 (23) If if the ordinance was adopted on April 27, 1981,
6 October 21, 1985, or December 30, 1986 by the City of
7 Belleville. ;
8 (24) If if the ordinance was adopted on December 29,
9 1986 by the City of Collinsville. ;
10 (25) If if the ordinance was adopted on September 14,
11 1994 by the City of Alton. ;
12 (26) If if the ordinance was adopted on November 11,
13 1996 by the City of Lexington. ;
14 (27) If if the ordinance was adopted on November 5,
15 1984 by the City of LeRoy. ;
16 (28) If if the ordinance was adopted on April 3, 1991
17 or June 3, 1992 by the City of Markham. ;
18 (29) If if the ordinance was adopted on November 11,
19 1986 by the City of Pekin. ;
20 (30) If if the ordinance was adopted on December 15,
21 1981 by the City of Champaign. ;
22 (31) If if the ordinance was adopted on December 15,
23 1986 by the City of Urbana. ;
24 (32) If if the ordinance was adopted on December 15,
25 1986 by the Village of Heyworth. ;
26 (33) If if the ordinance was adopted on February 24,

HB4137 Engrossed- 222 -LRB099 07987 AMC 28127 b
1 1992 by the Village of Heyworth. ;
2 (34) If if the ordinance was adopted on March 16, 1995
3 by the Village of Heyworth. ;
4 (35) If if the ordinance was adopted on December 23,
5 1986 by the Town of Cicero. ;
6 (36) If if the ordinance was adopted on December 30,
7 1986 by the City of Effingham. ;
8 (37) If if the ordinance was adopted on May 9, 1991 by
9 the Village of Tilton. ;
10 (38) If if the ordinance was adopted on October 20,
11 1986 by the City of Elmhurst. ;
12 (39) If if the ordinance was adopted on January 19,
13 1988 by the City of Waukegan. ;
14 (40) If if the ordinance was adopted on September 21,
15 1998 by the City of Waukegan. ;
16 (41) If if the ordinance was adopted on December 31,
17 1986 by the City of Sullivan. ;
18 (42) If if the ordinance was adopted on December 23,
19 1991 by the City of Sullivan. ;
20 (43) If if the ordinance was adopted on December 31,
21 1986 by the City of Oglesby. ;
22 (44) If if the ordinance was adopted on July 28, 1987
23 by the City of Marion. ;
24 (45) If if the ordinance was adopted on April 23, 1990
25 by the City of Marion. ;
26 (46) If if the ordinance was adopted on August 20, 1985

HB4137 Engrossed- 223 -LRB099 07987 AMC 28127 b
1 by the Village of Mount Prospect. ;
2 (47) If if the ordinance was adopted on February 2,
3 1998 by the Village of Woodhull. ;
4 (48) If if the ordinance was adopted on April 20, 1993
5 by the Village of Princeville. ;
6 (49) If if the ordinance was adopted on July 1, 1986 by
7 the City of Granite City. ;
8 (50) If if the ordinance was adopted on February 2,
9 1989 by the Village of Lombard. ;
10 (51) If if the ordinance was adopted on December 29,
11 1986 by the Village of Gardner. ;
12 (52) If if the ordinance was adopted on July 14, 1999
13 by the Village of Paw Paw. ;
14 (53) If if the ordinance was adopted on November 17,
15 1986 by the Village of Franklin Park. ;
16 (54) If if the ordinance was adopted on November 20,
17 1989 by the Village of South Holland. ;
18 (55) If if the ordinance was adopted on July 14, 1992
19 by the Village of Riverdale. ;
20 (56) If if the ordinance was adopted on December 29,
21 1986 by the City of Galesburg. ;
22 (57) If if the ordinance was adopted on April 1, 1985
23 by the City of Galesburg. ;
24 (58) If if the ordinance was adopted on May 21, 1990 by
25 the City of West Chicago. ;
26 (59) If if the ordinance was adopted on December 16,

HB4137 Engrossed- 224 -LRB099 07987 AMC 28127 b
1 1986 by the City of Oak Forest. ;
2 (60) If if the ordinance was adopted in 1999 by the
3 City of Villa Grove. ;
4 (61) If if the ordinance was adopted on January 13,
5 1987 by the Village of Mt. Zion. ;
6 (62) If if the ordinance was adopted on December 30,
7 1986 by the Village of Manteno. ;
8 (63) If if the ordinance was adopted on April 3, 1989
9 by the City of Chicago Heights. ;
10 (64) If if the ordinance was adopted on January 6, 1999
11 by the Village of Rosemont. ;
12 (65) If if the ordinance was adopted on December 19,
13 2000 by the Village of Stone Park. ;
14 (66) If if the ordinance was adopted on December 22,
15 1986 by the City of DeKalb. ;
16 (67) If if the ordinance was adopted on December 2,
17 1986 by the City of Aurora. ;
18 (68) If if the ordinance was adopted on December 31,
19 1986 by the Village of Milan. ;
20 (69) If if the ordinance was adopted on September 8,
21 1994 by the City of West Frankfort. ;
22 (70) If if the ordinance was adopted on December 23,
23 1986 by the Village of Libertyville. ;
24 (71) If if the ordinance was adopted on December 22,
25 1986 by the Village of Hoffman Estates. ;
26 (72) If if the ordinance was adopted on September 17,

HB4137 Engrossed- 225 -LRB099 07987 AMC 28127 b
1 1986 by the Village of Sherman. ;
2 (73) If if the ordinance was adopted on December 16,
3 1986 by the City of Macomb. ;
4 (74) If if the ordinance was adopted on June 11, 2002
5 by the City of East Peoria to create the West Washington
6 Street TIF. ;
7 (75) If if the ordinance was adopted on June 11, 2002
8 by the City of East Peoria to create the Camp Street TIF. ;
9 (76) If if the ordinance was adopted on August 7, 2000
10 by the City of Des Plaines. ;
11 (77) If if the ordinance was adopted on December 22,
12 1986 by the City of Washington to create the Washington
13 Square TIF #2. ;
14 (78) If if the ordinance was adopted on December 29,
15 1986 by the City of Morris. ;
16 (79) If if the ordinance was adopted on July 6, 1998 by
17 the Village of Steeleville. ;
18 (80) If if the ordinance was adopted on December 29,
19 1986 by the City of Pontiac to create TIF I (the Main St
20 TIF). ;
21 (81) If if the ordinance was adopted on December 29,
22 1986 by the City of Pontiac to create TIF II (the
23 Interstate TIF). ;
24 (82) If if the ordinance was adopted on November 6,
25 2002 by the City of Chicago to create the Madden/Wells TIF
26 District. ;

HB4137 Engrossed- 226 -LRB099 07987 AMC 28127 b
1 (83) If if the ordinance was adopted on November 4,
2 1998 by the City of Chicago to create the Roosevelt/Racine
3 TIF District. ;
4 (84) If if the ordinance was adopted on June 10, 1998
5 by the City of Chicago to create the Stony Island
6 Commercial/Burnside Industrial Corridors TIF District. ;
7 (85) If if the ordinance was adopted on November 29,
8 1989 by the City of Chicago to create the Englewood Mall
9 TIF District. ;
10 (86) If if the ordinance was adopted on December 27,
11 1986 by the City of Mendota. ;
12 (87) If if the ordinance was adopted on December 31,
13 1986 by the Village of Cahokia. ;
14 (88) If if the ordinance was adopted on September 20,
15 1999 by the City of Belleville. ;
16 (89) If if the ordinance was adopted on December 30,
17 1986 by the Village of Bellevue to create the Bellevue TIF
18 District 1. ;
19 (90) If if the ordinance was adopted on December 13,
20 1993 by the Village of Crete. ;
21 (91) If if the ordinance was adopted on February 12,
22 2001 by the Village of Crete. ;
23 (92) If if the ordinance was adopted on April 23, 2001
24 by the Village of Crete. ;
25 (93) If if the ordinance was adopted on December 16,
26 1986 by the City of Champaign. ;

HB4137 Engrossed- 227 -LRB099 07987 AMC 28127 b
1 (94) If if the ordinance was adopted on December 20,
2 1986 by the City of Charleston. ;
3 (95) If if the ordinance was adopted on June 6, 1989 by
4 the Village of Romeoville. ;
5 (96) If if the ordinance was adopted on October 14,
6 1993 and amended on August 2, 2010 by the City of Venice. ;
7 (97) If if the ordinance was adopted on June 1, 1994 by
8 the City of Markham. ;
9 (98) If if the ordinance was adopted on May 19, 1998 by
10 the Village of Bensenville. ;
11 (99) If if the ordinance was adopted on November 12,
12 1987 by the City of Dixon. ;
13 (100) If if the ordinance was adopted on December 20,
14 1988 by the Village of Lansing. ;
15 (101) If if the ordinance was adopted on October 27,
16 1998 by the City of Moline. ;
17 (102) If if the ordinance was adopted on May 21, 1991
18 by the Village of Glenwood. ;
19 (103) If if the ordinance was adopted on January 28,
20 1992 by the City of East Peoria. ;
21 (104) If if the ordinance was adopted on December 14,
22 1998 by the City of Carlyle. ;
23 (105) If if the ordinance was adopted on May 17, 2000,
24 as subsequently amended, by the City of Chicago to create
25 the Midwest Redevelopment TIF District. ;
26 (106) If if the ordinance was adopted on September 13,

HB4137 Engrossed- 228 -LRB099 07987 AMC 28127 b
1 1989 by the City of Chicago to create the Michigan/Cermak
2 Area TIF District. ;
3 (107) If if the ordinance was adopted on March 30, 1992
4 by the Village of Ohio. ;
5 (108) If if the ordinance was adopted on July 6, 1998
6 by the Village of Orangeville. ;
7 (109) If if the ordinance was adopted on December 16,
8 1997 by the Village of Germantown. ;
9 (110) If if the ordinance was adopted on April 28, 2003
10 by Gibson City. ;
11 (111) If if the ordinance was adopted on December 18,
12 1990 by the Village of Washington Park, but only after the
13 Village of Washington Park becomes compliant with the
14 reporting requirements under subsection (d) of Section
15 11-74.4-5, and after the State Comptroller's certification
16 of such compliance. ;
17 (112) If if the ordinance was adopted on February 28,
18 2000 by the City of Harvey. ; or
19 (113) If if the ordinance was adopted on January 11,
20 1991 by the City of Chicago to create the Read/Dunning TIF
21 District. ;
22 (114) If if the ordinance was adopted on July 24, 1991
23 by the City of Chicago to create the Sanitary and Ship
24 Canal TIF District. ;
25 (115) If if the ordinance was adopted on December 4,
26 2007 by the City of Naperville. ;

HB4137 Engrossed- 229 -LRB099 07987 AMC 28127 b
1 (116) If if the ordinance was adopted on July 1, 2002
2 by the Village of Arlington Heights. ;
3 (117) If if the ordinance was adopted on February 11,
4 1991 by the Village of Machesney Park. ;
5 (118) If if the ordinance was adopted on December 29,
6 1993 by the City of Ottawa. ; or
7 (119) If if the ordinance was adopted on June 4, 1991
8 by the Village of Lansing.
9 (120) If (119) if the ordinance was adopted on February
10 10, 2004 by the Village of Fox Lake. ;
11 (121) If (120) if the ordinance was adopted on December
12 22, 1992 by the City of Fairfield. ; or
13 (122) If (121) if the ordinance was adopted on February
14 10, 1992 by the City of Mt. Sterling.
15 (123) If (113) if the ordinance was adopted on March
16 15, 2004 by the City of Batavia.
17 (124) If (119) if the ordinance was adopted on March
18 18, 2002 by the Village of Lake Zurich.
19 (d) For redevelopment project areas for which bonds were
20issued before July 29, 1991, or for which contracts were
21entered into before June 1, 1988, in connection with a
22redevelopment project in the area within the State Sales Tax
23Boundary, the estimated dates of completion of the
24redevelopment project and retirement of obligations to finance
25redevelopment project costs (including refunding bonds under
26Section 11-74.4-7) may be extended by municipal ordinance to

HB4137 Engrossed- 230 -LRB099 07987 AMC 28127 b
1December 31, 2013. The termination procedures of subsection (b)
2of Section 11-74.4-8 are not required for these redevelopment
3project areas in 2009 but are required in 2013. The extension
4allowed by Public Act 87-1272 shall not apply to real property
5tax increment allocation financing under Section 11-74.4-8.
6 (e) Those dates, for purposes of real property tax
7increment allocation financing pursuant to Section 11-74.4-8
8only, shall be not more than 35 years for redevelopment project
9areas that were adopted on or after December 16, 1986 and for
10which at least $8 million worth of municipal bonds were
11authorized on or after December 19, 1989 but before January 1,
121990; provided that the municipality elects to extend the life
13of the redevelopment project area to 35 years by the adoption
14of an ordinance after at least 14 but not more than 30 days'
15written notice to the taxing bodies, that would otherwise
16constitute the joint review board for the redevelopment project
17area, before the adoption of the ordinance.
18 (f) Those dates, for purposes of real property tax
19increment allocation financing pursuant to Section 11-74.4-8
20only, shall be not more than 35 years for redevelopment project
21areas that were established on or after December 1, 1981 but
22before January 1, 1982 and for which at least $1,500,000 worth
23of tax increment revenue bonds were authorized on or after
24September 30, 1990 but before July 1, 1991; provided that the
25municipality elects to extend the life of the redevelopment
26project area to 35 years by the adoption of an ordinance after

HB4137 Engrossed- 231 -LRB099 07987 AMC 28127 b
1at least 14 but not more than 30 days' written notice to the
2taxing bodies, that would otherwise constitute the joint review
3board for the redevelopment project area, before the adoption
4of the ordinance.
5 (g) In consolidating the material relating to completion
6dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
7it is not the intent of the General Assembly to make any
8substantive change in the law, except for the extension of the
9completion dates for the City of Aurora, the Village of Milan,
10the City of West Frankfort, the Village of Libertyville, and
11the Village of Hoffman Estates set forth under items (67),
12(68), (69), (70), and (71) of subsection (c) of this Section.
13(Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600,
14eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11;
1597-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff.
167-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff.
178-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889,
18eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14;
1998-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff.
201-9-15; 98-1159, eff. 1-9-15; revised 2-2-15.)
21 Section 185. The Fire Protection District Act is amended by
22changing Sections 11b and 16.06b as follows:
23 (70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
24 Sec. 11b. In case any fire protection district organized

HB4137 Engrossed- 232 -LRB099 07987 AMC 28127 b
1hereunder is coterminous with or includes within its corporate
2limits in whole or in part any city, village or incorporated
3town authorized to provide protection from fire and to regulate
4the prevention and control of fire within such city, village or
5incorporated town and to levy taxes for any such purposes, then
6such city, village or incorporated town shall not exercise any
7such powers as necessarily conflict with the powers to be
8exercised by such district in respect to such fire protection
9and regulation within the fire protection district from and
10after the date that it receives written notice from the State
11</