HB4137 Enrolled LRB099 07987 AMC 28127 b
1		AN ACT to revise the law by combining multiple enactments
2		and making technical corrections.
3		Be it enacted by the People of the State of Illinois,
4		represented in the General Assembly:
5		Section 1. Nature of this Act.
6		(a) This Act may be cited as the First 2015 General
7		Revisory Act.
8		(b) This Act is not intended to make any substantive change
9		in the law. It reconciles conflicts that have arisen from
10		multiple amendments and enactments and makes technical
11		corrections and revisions in the law.
12		This Act revises and, where appropriate, renumbers certain
13		Sections that have been added or amended by more than one
14		Public Act. In certain cases in which a repealed Act or Section
15		has been replaced with a successor law, this Act may
16		incorporate amendments to the repealed Act or Section into the
17		successor law. This Act also corrects errors, revises
18		cross-references, and deletes obsolete text.
19		(c) In this Act, the reference at the end of each amended
20		Section indicates the sources in the Session Laws of Illinois
21		that were used in the preparation of the text of that Section.
22		The text of the Section included in this Act is intended to
23		include the different versions of the Section found in the
24		Public Acts included in the list of sources, but may not

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1		include other versions of the Section to be found in Public
2		Acts not included in the list of sources. The list of sources
3		is not a part of the text of the Section.
4		(d) Public Acts 98-590 through 98-1173 were considered in
5		the preparation of the combining revisories included in this
6		Act. Many of those combining revisories contain no striking or
7		underscoring because no additional changes are being made in
8		the material that is being combined.
9		Section 5. The Effective Date of Laws Act is amended by
10		changing 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
13		Constitution 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
16		changing Section 4.27 as follows:
17		(5 ILCS 80/4.27)
18		Sec. 4.27. Acts repealed on January 1, 2017. The following
19		are repealed on January 1, 2017: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,
2		XXXI, 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;
4		94-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff.
5		8-21-07; 95-876, eff. 8-21-08; revised 11-25-14.)
6		Section 15. The Illinois Administrative Procedure Act is
7		amended 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
10		contested cases:
11		(a) Irrelevant, immaterial, or unduly repetitious evidence
12		shall be excluded. The rules of evidence and privilege as
13		applied in civil cases in the circuit courts of this State
14		shall be followed. Evidence not admissible under those rules of
15		evidence may be admitted, however, (except where precluded by
16		statute) if it is of a type commonly relied upon by reasonably
17		prudent men in the conduct of their affairs. Objections to
18		evidentiary offers may be made and shall be noted in the
19		record. Subject to these requirements, when a hearing will be
20		expedited and the interests of the parties will not be
21		prejudiced, any part of the evidence may be received in written
22		form.
23		(b) Subject to the evidentiary requirements of subsection
24		(a) of this Section, a party may conduct cross-examination

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

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1		clearly within their scope. The exceptions authorize but do not
2		require the holding of a closed meeting to discuss a subject
3		included within an enumerated exception.
4		(c) Exceptions. A public body may hold closed meetings to
5		consider 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
15		relationship with the public body constitutes an
16		employer-employee relationship under the usual common law
17		rules, and who is not an independent contractor.
18		"Public office" means a position created by or under the
19		Constitution or laws of this State, the occupant of which is
20		charged with the exercise of some portion of the sovereign
21		power of this State. The term "public office" shall include
22		members of the public body, but it shall not include
23		organizational positions filled by members thereof, whether
24		established by law or by a public body itself, that exist to
25		assist the body in the conduct of its business.
26		"Quasi-adjudicative body" means an administrative body

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1		charged by law or ordinance with the responsibility to conduct
2		hearings, receive evidence or testimony and make
3		determinations based thereon, but does not include local
4		electoral boards when such bodies are considering petition
5		challenges.
6		(e) Final action. No final action may be taken at a closed
7		meeting. Final action shall be preceded by a public recital of
8		the nature of the matter being considered and other information
9		that 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;
11		97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
12		8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff.
13		7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised
14		10-1-14.)
15		Section 25. The Freedom of Information Act is amended by
16		changing 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,
20		administrative, or advisory bodies of the State, state
21		universities and colleges, counties, townships, cities,
22		villages, incorporated towns, school districts and all other
23		municipal corporations, boards, bureaus, committees, or
24		commissions of this State, any subsidiary bodies of any of the

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

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

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

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

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1		(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15;
2		98-1129, eff. 12-3-14; revised 12-19-14.)
3		(5 ILCS 140/7.5)
4		Sec. 7.5. Statutory exemptions Exemptions. To the extent
5		provided for by the statutes referenced below, the following
6		shall 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,
26		eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

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1		eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
2		eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
3		Section 30. The State Records Act is amended by changing
4		Section 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
20		relocation of essential State records in the event of an
21		emergency 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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1		by 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
5		is a question of law to be determined in light of the purposes
6		of the procedure and the commercial circumstances at the time
7		the procedure was used, including the nature of the
8		transaction, sophistication of the parties, volume of similar
9		transactions engaged in by either or both of the parties,
10		availability of alternatives offered to but rejected by either
11		of the parties, cost of alternative procedures, and procedures
12		in general use for similar types of transactions.
13		(b) Whether reliance on a security procedure was reasonable
14		and in good faith is to be determined in light of all the
15		circumstances known to the relying party at the time of the
16		reliance, 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
7		changing 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
10		shall have the meanings ascribed to them in this Section:
11		(a) "Policy making officer" means: (i) an employee of a
12		State agency who is engaged predominantly in executive and
13		management functions and is charged with the responsibility of
14		directing the effectuation of such management policies and
15		practices; or (ii) an employee of a State agency whose
16		principal work is substantially different from that of his
17		subordinates and who has authority in the interest of the State
18		agency to hire, transfer, suspend, lay off, recall, promote,
19		discharge, direct, reward, or discipline employees, or to
20		adjust their grievances, or to effectively recommend such
21		action, if the exercise of such authority is not of a merely
22		routine or clerical nature, but requires the consistent use of
23		independent judgment; or (iii) a Director, Assistant Director
24		or Deputy Director of a State agency. ;

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1		(b) "State agency" means the Departments of the Executive
2		Branch of State government listed in Section 5-15 of the
3		Departments 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
7		Sections 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
10		certificate of nomination or nomination papers or proposed
11		question of public policy, as the case may be, and the
12		objector's petition, the chairman of the electoral board other
13		than the State Board of Elections shall send a call by
14		registered or certified mail to each of the members of the
15		electoral board, and to the objector who filed the objector's
16		petition, and either to the candidate whose certificate of
17		nomination or nomination papers are objected to or to the
18		principal proponent or attorney for proponents of a question of
19		public policy, as the case may be, whose petitions are objected
20		to, and shall also cause the sheriff of the county or counties
21		in which such officers and persons reside to serve a copy of
22		such call upon each of such officers and persons, which call
23		shall set out the fact that the electoral board is required to
24		meet to hear and pass upon the objections to nominations made

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

HB4137 Enrolled - 26 - LRB099 07987 AMC 28127 b
1		state the day, hour and place at which the electoral board
2		shall meet for the purpose, which place may be in the Capitol
3		Building or in the principal or permanent branch office of the
4		State Board. The day of the meeting shall not be less than 3
5		nor more than 5 days after the receipt of the certificate of
6		nomination or nomination papers and the objector's petition by
7		the chairman of the electoral board.
8		The electoral board shall have the power to administer
9		oaths and to subpoena and examine witnesses and, at the request
10		of either party and only upon a vote by a majority of its
11		members, may authorize the chairman to issue subpoenas
12		requiring the attendance of witnesses and subpoenas duces tecum
13		requiring the production of such books, papers, records and
14		documents as may be evidence of any matter under inquiry before
15		the electoral board, in the same manner as witnesses are
16		subpoenaed in the Circuit Court.
17		Service of such subpoenas shall be made by any sheriff or
18		other person in the same manner as in cases in such court and
19		the fees of such sheriff shall be the same as is provided by
20		law, and shall be paid by the objector or candidate who causes
21		the issuance of the subpoena. In case any person so served
22		shall knowingly neglect or refuse to obey any such subpoena, or
23		to testify, the electoral board shall at once file a petition
24		in the circuit court of the county in which such hearing is to
25		be heard, or has been attempted to be heard, setting forth the
26		facts, of such knowing refusal or neglect, and accompanying the

HB4137 Enrolled - 27 - LRB099 07987 AMC 28127 b
1		petition with a copy of the citation and the answer, if one has
2		been filed, together with a copy of the subpoena and the return
3		of service thereon, and shall apply for an order of court
4		requiring such person to attend and testify, and forthwith
5		produce books and papers, before the electoral board. Any
6		circuit court of the state, excluding the judge who is sitting
7		on the electoral board, upon such showing shall order such
8		person to appear and testify, and to forthwith produce such
9		books and papers, before the electoral board at a place to be
10		fixed by the court. If such person shall knowingly fail or
11		refuse to obey such order of the court without lawful excuse,
12		the court shall punish him or her by fine and imprisonment, as
13		the nature of the case may require and may be lawful in cases
14		of contempt of court.
15		The electoral board on the first day of its meeting shall
16		adopt rules of procedure for the introduction of evidence and
17		the presentation of arguments and may, in its discretion,
18		provide for the filing of briefs by the parties to the
19		objection or by other interested persons.
20		In the event of a State Electoral Board hearing on
21		objections to a petition for an amendment to Article IV of the
22		Constitution pursuant to Section 3 of Article XIV of the
23		Constitution, or to a petition for a question of public policy
24		to be submitted to the voters of the entire State, the
25		certificates of the county clerks and boards of election
26		commissioners showing the results of the random sample of

HB4137 Enrolled - 28 - LRB099 07987 AMC 28127 b
1		signatures on the petition shall be prima facie valid and
2		accurate, and shall be presumed to establish the number of
3		valid and invalid signatures on the petition sheets reviewed in
4		the random sample, as prescribed in Section 28-11 and 28-12 of
5		this Code. Either party, however, may introduce evidence at
6		such hearing to dispute the findings as to particular
7		signatures. In addition to the foregoing, in the absence of
8		competent evidence presented at such hearing by a party
9		substantially challenging the results of a random sample, or
10		showing a different result obtained by an additional sample,
11		this certificate of a county clerk or board of election
12		commissioners shall be presumed to establish the ratio of valid
13		to invalid signatures within the particular election
14		jurisdiction.
15		The electoral board shall take up the question as to
16		whether or not the certificate of nomination or nomination
17		papers or petitions are in proper form, and whether or not they
18		were filed within the time and under the conditions required by
19		law, and whether or not they are the genuine certificate of
20		nomination or nomination papers or petitions which they purport
21		to be, and whether or not in the case of the certificate of
22		nomination in question it represents accurately the decision of
23		the caucus or convention issuing it, and in general shall
24		decide whether or not the certificate of nomination or
25		nominating papers or petitions on file are valid or whether the
26		objections thereto should be sustained and the decision of a

HB4137 Enrolled - 29 - LRB099 07987 AMC 28127 b
1		majority of the electoral board shall be final subject to
2		judicial review as provided in Section 10-10.1. The electoral
3		board must state its findings in writing and must state in
4		writing which objections, if any, it has sustained. A copy of
5		the decision shall be served upon the parties to the
6		proceedings in open proceedings before the electoral board. If
7		a party does not appear for receipt of the decision, the
8		decision shall be deemed to have been served on the absent
9		party on the date when a copy of the decision is personally
10		delivered or on the date when a copy of the decision is
11		deposited in the Unites States mail, in a sealed envelope or
12		package, with postage prepaid, addressed to each party affected
13		by the decision or to such party's attorney of record, if any,
14		at the address on record for such person in the files of the
15		electoral board.
16		Upon the expiration of the period within which a proceeding
17		for judicial review must be commenced under Section 10-10.1,
18		the electoral board shall, unless a proceeding for judicial
19		review has been commenced within such period, transmit, by
20		registered or certified mail, a certified copy of its ruling,
21		together with the original certificate of nomination or
22		nomination papers or petitions and the original objector's
23		petition, to the officer or board with whom the certificate of
24		nomination or nomination papers or petitions, as objected to,
25		were on file, and such officer or board shall abide by and
26		comply with the ruling so made to all intents and purposes.

HB4137 Enrolled - 30 - LRB099 07987 AMC 28127 b
1		(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
2		revised 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
5		of Section 12 of Article VI of the Constitution relating to
6		retention of judges in office, the form of the proposition to
7		be submitted for each candidate shall be as provided in
8		paragraph (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 Enrolled - 31 - LRB099 07987 AMC 28127 b
1		-----------------------------------------------------
2		The names of all candidates thus submitting their names for
3		retention in office in any particular judicial district or
4		circuit shall appear on the same ballot which shall be separate
5		from all other ballots voted on at the general election.
6		Propositions on Supreme Court judges, if any are seeking
7		retention, shall appear on the ballot in the first group, for
8		judges of the Appellate Court in the second group immediately
9		under the first, and for circuit judges in the last group. The
10		grouping of candidates for the same office shall be preceded by
11		a heading describing the office and the court. If there are two
12		or more candidates for each office, the names of such
13		candidates in each group shall be listed in the order
14		determined as follows: The name of the person with the greatest
15		length of time served in the specified office of the specified
16		court shall be listed first in each group. The rest of the
17		names shall be listed in the appropriate order based on the
18		same seniority standard. If two or more candidates for each
19		office have served identical periods of time in the specified
20		office, such candidates shall be listed alphabetically at the
21		appropriate place in the order of names based on seniority in
22		the office as described. Circuit judges shall be credited for
23		the purposes of this section with service as associate judges
24		prior to July 1, 1971 and with service on any court the judges
25		of which were made associate judges on January 1, 1964 by
26		virtue of Paragraph 4, subparagraphs (c) and (d) of the

HB4137 Enrolled - 32 - LRB099 07987 AMC 28127 b
1		Schedule to Article VI of the former Illinois Constitution.
2		At the top of the ballot on the same side as the
3		propositions on the candidates are listed shall be printed an
4		explanation to read substantially as follows: "Vote on the
5		proposition with respect to all or any of the judges listed on
6		this ballot. No judge listed is running against any other
7		judge. The sole question is whether each judge shall be
8		retained in his or her present office".
9		Such separate ballot shall be printed on paper of
10		sufficient size so that when folded once it shall be large
11		enough to contain the following words, which shall be printed
12		on the back, "Ballot for judicial candidates seeking retention
13		in office". Such ballot shall be handed to the elector at the
14		same time as the ballot containing the names of other
15		candidates for the general election and shall be returned
16		therewith by the elector to the proper officer in the manner
17		designated by this Act. All provisions of this Act relating to
18		ballots shall apply to such separate ballot, except as
19		otherwise specifically provided in this section. Such separate
20		ballot shall be printed upon paper of a green color. No other
21		ballot at the same election shall be green in color.
22		In precincts in which voting machines are used, the special
23		ballot containing the propositions on the retention of judges
24		may be placed on the voting machines if such voting machines
25		permit the casting of votes on such propositions.
26		An electronic voting system authorized by Article 24A may

HB4137 Enrolled - 33 - LRB099 07987 AMC 28127 b
1		be used in voting and tabulating the judicial retention
2		ballots. When an electronic voting system is used which
3		utilizes a ballot label booklet and ballot card, there shall be
4		used in the label booklet a separate ballot label page or pages
5		as required for such proposition, which page or pages for such
6		proposition shall be of a green color separate and distinct
7		from the ballot label page or pages used for any other
8		proposition or candidates.
9		(Source: P.A. 92-178, eff. 1-1-02; 92-465, eff. 1-1-02; revised
10		11-25-14.)
11		Section 50. The State Comptroller Act is amended by
12		changing 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
16		provide a mechanism whereby an employee or annuitant may
17		authorize the withholding of a portion of his or her salary,
18		wages, or annuity for payment to Illinois chapters of the
19		American Red Cross whose territories include areas affected by
20		a declaration of disaster issued in accordance with Section 7
21		of the Illinois Emergency Management Agency Act.
22		(b) The initiative shall be administered by the State
23		Comptroller, who is authorized to:
24		(1) develop an electronic mechanism whereby an

HB4137 Enrolled - 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
14		changing Section 8.09 as follows:
15		(20 ILCS 105/8.09)
16		Sec. 8.09. Unlicensed or uncertified facilities. No public
17		official, agent, or employee may place any person in or with,
18		or recommend that any person be placed in or with, or directly
19		or indirectly cause any person to be placed in or with any
20		unlicensed or uncertified: (i) board and care home as defined
21		in the Board and Care Home Act and licensed under the Assisted
22		Living and Shared Housing Act; (ii) assisted living or shared
23		housing establishment as defined in the Assisted Living and
24		Shared Housing Act; (iii) facility licensed under the Nursing

HB4137 Enrolled - 35 - LRB099 07987 AMC 28127 b
1		Home Care Act; (iv) supportive living facility as described in
2		Section 5-5.01a of the Illinois Public Aid Code; (v)
3		free-standing hospice residence licensed under the Hospice
4		Program Licensing Act; or (vi) home services agency licensed
5		under the Home Health, Home Services, and Home Nursing Agency
6		Licensing Act if licensure or certification is required. No
7		public official, agent, or employee may place the name of such
8		a facility on a list of facilities to be circulated to the
9		public, unless the facility is licensed or certified. Use of
10		the Department of Public Health's annual list of licensed
11		facilities shall satisfy compliance with this Section for all
12		facilities licensed or certified by the Illinois Department of
13		Public 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
16		Dependency 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
19		who is charged with or convicted of a crime or any other person
20		charged with or convicted of a misdemeanor violation of the Use
21		of Intoxicating Compounds Act and who has not been previously
22		convicted of a violation of that Act may elect treatment under
23		the supervision of a licensed program designated by the
24		Department, referred to in this Article as "designated

HB4137 Enrolled - 36 - LRB099 07987 AMC 28127 b
1		program", 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 Enrolled - 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
14		charged with or convicted of a crime that is a violation of
15		Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and
16		Community Protection Act, and who is otherwise eligible to make
17		the election provided for under this Section, from being
18		eligible to make an election for treatment as a condition of
19		probation as provided for under this Article.
20		(Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13;
21		98-896, 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
23		by changing Section 8 as follows:
24		(20 ILCS 505/8) (from Ch. 23, par. 5008)

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

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

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1		(Source: P.A. 97-799, eff. 7-13-12; 98-718, eff. 1-1-15;
2		98-805, eff. 1-1-15; revised 10-1-14.)
3		Section 70. The High Speed Internet Services and
4		Information Technology Act is amended by changing Section 30 as
5		follows:
6		(20 ILCS 661/30)
7		Sec. 30. High Speed Internet Services and Information
8		Technology Fund.
9		(a) There is created in the State treasury a special fund
10		to be known as the High Speed Internet Services and Information
11		Technology Fund, to be used, subject to appropriation, by the
12		Department of Commerce and Economic Opportunity Development
13		for purposes of providing grants to the nonprofit organization
14		enlisted under this Act.
15		(b) On the effective date of this Act, $4,000,000 in the
16		Digital Divide Elimination Infrastructure Fund shall be
17		transferred to the High Speed Internet Services and Information
18		Technology Fund. Nothing contained in this subsection (b) shall
19		affect the validity of grants issued with moneys from the
20		Digital Divide Elimination Infrastructure Fund before June 30,
21		2007.
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

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

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

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

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1		administers his or her own medications. To be considered
2		capable to self-administer their own medication, individuals
3		must, at a minimum, be able to identify their medication by
4		size, shape, or color, know when they should take the
5		medication, and know the amount of medication to be taken each
6		time.
7		"Training program" means a standardized medication
8		administration training program approved by the Department of
9		Human Services and conducted by a registered professional nurse
10		for the purpose of training persons employed or under contract
11		to provide direct care or treatment to individuals receiving
12		services to administer medications and provide
13		self-administration of medication training to individuals
14		under the delegation and supervision of a nurse-trainer. The
15		program incorporates adult learning styles, teaching
16		strategies, classroom management, curriculum overview,
17		including ethical-legal aspects, and standardized
18		competency-based evaluations on administration of medications
19		and self-administration of medication training programs.
20		(c) Training and authorization of non-licensed direct care
21		staff by nurse-trainers must meet the requirements of this
22		subsection.
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 Enrolled - 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
12		following 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
21		administer medications are responsible for documenting and
22		maintaining records on the training that is completed.
23		(g) The absence of this training program constitutes a
24		threat to the public interest, safety, and welfare and
25		necessitates emergency rulemaking by the Departments of Human
26		Services and Public Health under Section 5-45 of the Illinois

HB4137 Enrolled - 49 - LRB099 07987 AMC 28127 b
1		Administrative Procedure Act.
2		(h) Direct care staff who fail to qualify for delegated
3		authority to administer medications pursuant to the provisions
4		of this Section shall be given additional education and testing
5		to meet criteria for delegation authority to administer
6		medications. Any direct care staff person who fails to qualify
7		as an authorized direct care staff after initial training and
8		testing must within 3 months be given another opportunity for
9		retraining and retesting. A direct care staff person who fails
10		to meet criteria for delegated authority to administer
11		medication, including, but not limited to, failure of the
12		written test on 2 occasions shall be given consideration for
13		shift transfer or reassignment, if possible. No employee shall
14		be terminated for failure to qualify during the 3-month time
15		period following initial testing. Refusal to complete training
16		and testing required by this Section may be grounds for
17		immediate dismissal.
18		(i) No authorized direct care staff person delegated to
19		administer medication shall be subject to suspension or
20		discharge for errors resulting from the staff person's acts or
21		omissions when performing the functions unless the staff
22		person's actions or omissions constitute willful and wanton
23		conduct. Nothing in this subsection is intended to supersede
24		paragraph (4) of subsection (c).
25		(j) A registered professional nurse, advanced practice
26		nurse, physician licensed to practice medicine in all its

HB4137 Enrolled - 50 - LRB099 07987 AMC 28127 b
1		branches, or physician assistant shall be on duty or on call at
2		all times in any program covered by this Section.
3		(k) The employer shall be responsible for maintaining
4		liability insurance for any program covered by this Section.
5		(l) Any direct care staff person who qualifies as
6		authorized direct care staff pursuant to this Section shall be
7		granted consideration for a one-time additional salary
8		differential. The Department shall determine and provide the
9		necessary funding for the differential in the base. This
10		subsection (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;
12		revised 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
16		Force.
17		(a) Task Force. The Mental Health Services Strategic
18		Planning Task Force is created.
19		(b) Meeting. The Task Force shall be appointed and hold its
20		first meeting within 90 days after the effective date of this
21		amendatory Act of the 97th General Assembly.
22		(c) Composition. The Task Force shall be comprised of the
23		following members:
24		(1) Two members of the Senate appointed by the
25		President of the Senate and 2 members of the Senate

HB4137 Enrolled - 51 - LRB099 07987 AMC 28127 b
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

HB4137 Enrolled - 52 - LRB099 07987 AMC 28127 b
1		Governor and the appropriate legislative committees on mental
2		health to develop a 5-year comprehensive strategic plan for the
3		State's mental health services. The plan shall address the
4		following 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
20		Department of Human Services' Division of Developmental
21		Disabilities to ensure effective treatment for those dually
22		diagnosed with both mental illness and developmental
23		disabilities. The Task Force shall also work in conjunction
24		with the Department of Human Services' Division of Alcoholism
25		Alcohol and Substance Abuse to ensure effective treatment for
26		those who are dually diagnosed with both mental illness as well

HB4137 Enrolled - 53 - LRB099 07987 AMC 28127 b
1		as substance abuse challenges.
2		(f) Compensation. Members of the Task Force shall not
3		receive compensation nor reimbursement for necessary expenses
4		incurred in performing the duties associated with the Task
5		Force.
6		(g) Reporting. The Task Force shall present its plan to the
7		Governor and the General Assembly no later than 18 months after
8		the effective date of the amendatory Act of the 97th General
9		Assembly. With its approval and authorization, and subject to
10		appropriation, the Task Force shall convene quarterly meetings
11		during the implementation of the 5-year strategic plan to
12		monitor progress, review outcomes, and make ongoing
13		recommendations. These ongoing recommendations shall be
14		presented to the Governor and the General Assembly for
15		feedback, suggestions, support, and approval. Within one year
16		after recommendations are presented to the Governor and the
17		General Assembly, the General Assembly shall vote on whether
18		the recommendations should become law.
19		(h) Administrative support. The Department of Human
20		Services shall provide administrative and staff support to the
21		Task 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
25		by changing Section 2.1 as follows:

HB4137 Enrolled - 54 - LRB099 07987 AMC 28127 b
1		(20 ILCS 2305/2.1)
2		Sec. 2.1. Information sharing.
3		(a) Whenever a State or local law enforcement authority
4		learns of a case of an illness, health condition, or unusual
5		disease or symptom cluster, reportable pursuant to rules
6		adopted by the Department or by a local board of health or
7		local public health authority, or a suspicious event that may
8		be the cause of or related to a public health emergency, as
9		that term is defined in Section 4 of the Illinois Emergency
10		Management Agency Act, it shall immediately notify the Illinois
11		Emergency Management Agency and the Department or local board
12		of health or local public health authority.
13		(b) Whenever the Department or a local board of health or
14		local public health authority learns of a case of an illness,
15		health condition, or unusual disease or symptom cluster,
16		reportable pursuant to rules adopted by the Department or by a
17		local board of health or a local public health authority, or a
18		suspicious event that it reasonably believes has the potential
19		to be the cause of or related to a public health emergency, as
20		that term is defined in Section 4 of the Illinois Emergency
21		Management Agency Act, it shall immediately notify the Illinois
22		Emergency Management Agency, the appropriate State and local
23		law enforcement authorities, other appropriate State agencies,
24		and federal health and law enforcement authorities and, after
25		that notification, it shall provide law enforcement

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

HB4137 Enrolled - 56 - LRB099 07987 AMC 28127 b
1		Sec. 6.1. Functions of Commission. The Commission shall
2		meet at least quarterly and shall advise and consult with the
3		Department of Public Health and the Governor's Office on all
4		matters relating to community service in Illinois. In addition,
5		the 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 Enrolled - 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
17		Section 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),
21		and (i) of this Section, after July 1, 2010, all vending
22		machine income, as defined by this Act, from vending machines
23		on State property shall accrue to (1) the blind vendor
24		operating the vending facilities on the property or (2) in the

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

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

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1		the Blind Vendors Trust Fund in the preceding year. The
2		Committee may establish its budget and expend funds through
3		contract or otherwise without the approval of the Department.
4		(i) Notwithstanding the provisions of subsection (a) of
5		this Section, with respect to vending machines located on any
6		facility or property controlled or operated by the Division of
7		Mental Health or the Division of Developmental Disabilities
8		within 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
24		changing Sections 4.5 and 5.2 as follows:

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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
4		arrested shall be collected at the following points of contact
5		by the entity identified in this subsection or another entity
6		authorized 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
17		selection 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
25		collect race and ethnicity information as self-reported by the
26		adult or juvenile. If the adult or juvenile is unable or

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1		unwilling to provide race and ethnicity information, the
2		collecting entity shall make a good-faith effort to deduce the
3		race 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

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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

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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
11		expungement under subsections (b), (e), and (e-6) and sealing
12		under 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

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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

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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
18		is granted a pardon by the Governor which specifically
19		authorizes expungement, he or she may, upon verified petition
20		to the Chief Judge of the circuit where the person had been
21		convicted, any judge of the circuit designated by the Chief
22		Judge, or in counties of less than 3,000,000 inhabitants, the
23		presiding trial judge at the defendant's trial, have a court
24		order entered expunging the record of arrest from the official
25		records of the arresting authority and order that the records
26		of the circuit court clerk and the Department be sealed until

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

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

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

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1		of Corrections shall conduct a study of the impact of sealing,
2		especially on employment and recidivism rates, utilizing a
3		random sample of those who apply for the sealing of their
4		criminal records under Public Act 93-211. At the request of the
5		Illinois Department of Corrections, records of the Illinois
6		Department of Employment Security shall be utilized as
7		appropriate to assist in the study. The study shall not
8		disclose any data in a manner that would allow the
9		identification of any particular individual or employing unit.
10		The study shall be made available to the General Assembly no
11		later than September 1, 2010.
12		(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
13		97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
14		1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
15		eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
16		eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
17		eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
18		98-1009, eff. 1-1-15; revised 9-30-14.)
19		Section 105. The Illinois Health Facilities Planning Act is
20		amended 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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1		facilities, 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

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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
15		entities 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
12		specifically included in this Section, nothing in this Act
13		shall be intended to include facilities operated as a part of
14		the practice of a physician or other licensed health care
15		professional, whether practicing in his individual capacity or
16		within the legal structure of any partnership, medical or
17		professional corporation, or unincorporated medical or
18		professional group. Further, this Act shall not apply to
19		physicians or other licensed health care professional's
20		practices where such practices are carried out in a portion of
21		a health care facility under contract with such health care
22		facility by a physician or by other licensed health care
23		professionals, whether practicing in his individual capacity
24		or within the legal structure of any partnership, medical or
25		professional corporation, or unincorporated medical or
26		professional groups, unless the entity constructs, modifies,

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

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1		for diagnostic or therapeutic purposes or for facility
2		administration or operation, or any capital expenditure made by
3		or on behalf of a health care facility which exceeds the
4		capital expenditure minimum; however, any capital expenditure
5		made by or on behalf of a health care facility for (i) the
6		construction or modification of a facility licensed under the
7		Assisted Living and Shared Housing Act or (ii) a conversion
8		project undertaken in accordance with Section 30 of the Older
9		Adult Services Act shall be excluded from any obligations under
10		this Act.
11		"Establish" means the construction of a health care
12		facility or the replacement of an existing facility on another
13		site or the initiation of a category of service.
14		"Major medical equipment" means medical equipment which is
15		used for the provision of medical and other health services and
16		which costs in excess of the capital expenditure minimum,
17		except that such term does not include medical equipment
18		acquired by or on behalf of a clinical laboratory to provide
19		clinical laboratory services if the clinical laboratory is
20		independent of a physician's office and a hospital and it has
21		been determined under Title XVIII of the Social Security Act to
22		meet the requirements of paragraphs (10) and (11) of Section
23		1861(s) of such Act. In determining whether medical equipment
24		has a value in excess of the capital expenditure minimum, the
25		value of studies, surveys, designs, plans, working drawings,
26		specifications, and other activities essential to the

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

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

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

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1		ambulatory surgery center under regulations adopted pursuant
2		to the Social Security Act and (ii) not licensed under the
3		Ambulatory Surgical Treatment Center Act, the Hospital
4		Licensing Act, or the Nursing Home Care Act. Affiliates of
5		out-of-state facilities shall be considered out-of-state
6		facilities. Affiliates of Illinois licensed health care
7		facilities 100% owned by an Illinois licensed health care
8		facility, its parent, or Illinois physicians licensed to
9		practice medicine in all its branches shall not be considered
10		out-of-state facilities. Nothing in this definition shall be
11		construed to include an office or any part of an office of a
12		physician licensed to practice medicine in all its branches in
13		Illinois that is not required to be licensed under the
14		Ambulatory Surgical Treatment Center Act.
15		"Change of ownership of a health care facility" means a
16		change in the person who has ownership or control of a health
17		care facility's physical plant and capital assets. A change in
18		ownership is indicated by the following transactions: sale,
19		transfer, acquisition, lease, change of sponsorship, or other
20		means of transferring control.
21		"Related person" means any person that: (i) is at least 50%
22		owned, directly or indirectly, by either the health care
23		facility or a person owning, directly or indirectly, at least
24		50% of the health care facility; or (ii) owns, directly or
25		indirectly, at least 50% of the health care facility.
26		"Charity care" means care provided by a health care

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1		facility for which the provider does not expect to receive
2		payment from the patient or a third-party payer.
3		"Freestanding emergency center" means a facility subject
4		to licensure under Section 32.5 of the Emergency Medical
5		Services (EMS) Systems Act.
6		"Category of service" means a grouping by generic class of
7		various types or levels of support functions, equipment, care,
8		or treatment provided to patients or residents, including, but
9		not limited to, classes such as medical-surgical, pediatrics,
10		or cardiac catheterization. A category of service may include
11		subcategories or levels of care that identify a particular
12		degree or type of care within the category of service. Nothing
13		in this definition shall be construed to include the practice
14		of a physician or other licensed health care professional while
15		functioning in an office providing for the care, diagnosis, or
16		treatment of patients. A category of service that is subject to
17		the Board's jurisdiction must be designated in rules adopted by
18		the Board.
19		"State Board Staff Report" means the document that sets
20		forth the review and findings of the State Board staff, as
21		prescribed by the State Board, regarding applications subject
22		to Board jurisdiction.
23		(Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813,
24		eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14;
25		98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff.
26		8-26-14; revised 10-22-14.)

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

HB4137 Enrolled - 108 - LRB099 07987 AMC 28127 b
1		care facility plans which shall be utilized in the review of
2		applications for permit under this Act. Such health facility
3		plans shall be coordinated by the Board with pertinent State
4		Plans. Inventories pursuant to this Section of skilled or
5		intermediate care facilities licensed under the Nursing Home
6		Care Act, skilled or intermediate care facilities licensed
7		under the ID/DD Community Care Act, facilities licensed under
8		the Specialized Mental Health Rehabilitation Act, or nursing
9		homes licensed under the Hospital Licensing Act shall be
10		conducted on an annual basis no later than July 1 of each year
11		and shall include among the information requested a list of all
12		services provided by a facility to its residents and to the
13		community at large and differentiate between active and
14		inactive beds.
15		In developing health care facility plans, the State Board
16		shall 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 Enrolled - 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
9		adopted in accordance with this Section shall form the basis
10		for the plan of the State to deal most effectively with
11		statewide health needs in regard to health care facilities.
12		(5) Coordinate with the Center for Comprehensive Health
13		Planning and other state agencies having responsibilities
14		affecting health care facilities, including those of licensure
15		and cost reporting. Beginning no later than January 1, 2013,
16		the Department of Public Health shall produce a written annual
17		report to the Governor and the General Assembly regarding the
18		development of the Center for Comprehensive Health Planning.
19		The Chairman of the State Board and the State Board
20		Administrator shall also receive a copy of the annual report.
21		(6) Solicit, accept, hold and administer on behalf of the
22		State any grants or bequests of money, securities or property
23		for use by the State Board or Center for Comprehensive Health
24		Planning in the administration of this Act; and enter into
25		contracts consistent with the appropriations for purposes
26		enumerated in this Act.

HB4137 Enrolled - 110 - LRB099 07987 AMC 28127 b
1		(7) The State Board shall prescribe procedures for review,
2		standards, and criteria which shall be utilized to make
3		periodic reviews and determinations of the appropriateness of
4		any existing health services being rendered by health care
5		facilities subject to the Act. The State Board shall consider
6		recommendations of the Board in making its determinations.
7		(8) Prescribe, in consultation with the Center for
8		Comprehensive Health Planning, rules, regulations, standards,
9		and criteria for the conduct of an expeditious review of
10		applications for permits for projects of construction or
11		modification of a health care facility, which projects are
12		classified as emergency, substantive, or non-substantive in
13		nature.
14		Six months after June 30, 2009 (the effective date of
15		Public Act 96-31), substantive projects shall include no more
16		than 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
9		meet the criteria set forth in rules or refer them to the full
10		Board. The Chairman may approve any unopposed application that
11		meets all of the review criteria or refer them to the full
12		Board.
13		Such rules shall not abridge the right of the Center for
14		Comprehensive Health Planning to make recommendations on the
15		classification and approval of projects, nor shall such rules
16		prevent the conduct of a public hearing upon the timely request
17		of an interested party. Such reviews shall not exceed 60 days
18		from the date the application is declared to be complete.
19		(9) Prescribe rules, regulations, standards, and criteria
20		pertaining to the granting of permits for construction and
21		modifications which are emergent in nature and must be
22		undertaken immediately to prevent or correct structural
23		deficiencies or hazardous conditions that may harm or injure
24		persons using the facility, as defined in the rules and
25		regulations of the State Board. This procedure is exempt from
26		public hearing requirements of this Act.

HB4137 Enrolled - 112 - LRB099 07987 AMC 28127 b
1		(10) Prescribe rules, regulations, standards and criteria
2		for the conduct of an expeditious review, not exceeding 60
3		days, of applications for permits for projects to construct or
4		modify health care facilities which are needed for the care and
5		treatment of persons who have acquired immunodeficiency
6		syndrome (AIDS) or related conditions.
7		(11) Issue written decisions upon request of the applicant
8		or an adversely affected party to the Board. Requests for a
9		written decision shall be made within 15 days after the Board
10		meeting in which a final decision has been made. A "final
11		decision" for purposes of this Act is the decision to approve
12		or deny an application, or take other actions permitted under
13		this Act, at the time and date of the meeting that such action
14		is scheduled by the Board. State Board members shall provide
15		their rationale when voting on an item before the State Board
16		at a State Board meeting in order to comply with subsection (b)
17		of Section 3-108 of the Administrative Review Law of the Code
18		of Civil Procedure. The transcript of the State Board meeting
19		shall be incorporated into the Board's final decision. The
20		staff of the Board shall prepare a written copy of the final
21		decision and the Board shall approve a final copy for inclusion
22		in the formal record. The Board shall consider, for approval,
23		the written draft of the final decision no later than the next
24		scheduled Board meeting. The written decision shall identify
25		the applicable criteria and factors listed in this Act and the
26		Board's regulations that were taken into consideration by the

HB4137 Enrolled - 113 - LRB099 07987 AMC 28127 b
1		Board when coming to a final decision. If the Board denies or
2		fails to approve an application for permit or exemption, the
3		Board shall include in the final decision a detailed
4		explanation as to why the application was denied and identify
5		what specific criteria or standards the applicant did not
6		fulfill.
7		(12) Require at least one of its members to participate in
8		any public hearing, after the appointment of a majority of the
9		members to the Board.
10		(13) Provide a mechanism for the public to comment on, and
11		request changes to, draft rules and standards.
12		(14) Implement public information campaigns to regularly
13		inform the general public about the opportunity for public
14		hearings and public hearing procedures.
15		(15) Establish a separate set of rules and guidelines for
16		long-term care that recognizes that nursing homes are a
17		different business line and service model from other regulated
18		facilities. An open and transparent process shall be developed
19		that considers the following: how skilled nursing fits in the
20		continuum of care with other care providers, modernization of
21		nursing homes, establishment of more private rooms,
22		development of alternative services, and current trends in
23		long-term care services. The Chairman of the Board shall
24		appoint a permanent Health Services Review Board Long-term Care
25		Facility Advisory Subcommittee that shall develop and
26		recommend to the Board the rules to be established by the Board

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

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

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1		authorized beds under this Act in facilities licensed under the
2		Specialized Mental Health Rehabilitation Act of 2013 exceed the
3		number of authorized beds on June 16, 2014 (the effective date
4		of Public Act 98-651) this amendatory Act of the 98th General
5		Assembly.
6		(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
7		eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;
8		98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.
9		6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
10		Section 110. The Home Repair and Construction Task Force
11		Act 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
7		forth and renumbering multiple versions of Section 5.855 and by
8		changing Sections 6z-43 and 8.12 as follows:
9		(30 ILCS 105/5.855)
10		Sec. 5.855. The Special Olympics Illinois and Special
11		Children'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
19		Fund. 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
5		Fund.
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
9		Applicants 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
16		Fund.
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.)

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1		(30 ILCS 105/5.864)
2		Sec. 5.864 5.855. The Natural Resources Restoration Trust
3		Fund.
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
7		Human 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
11		delayed effective date)
12		Sec. 5.867 5.855. The Illinois Secure Choice
13		Administrative 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
18		to be known as the Tobacco Settlement Recovery Fund, which
19		shall contain 3 accounts: (i) the General Account, (ii) the
20		Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco
21		Settlement Residual Account. There shall be deposited into the
22		several accounts of the Tobacco Settlement Recovery Fund and
23		the Attorney General Tobacco Fund all monies paid to the State

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

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

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1		investment of pension funds other than those established under
2		Article 3 or 4 of the Code.
3		(d) All federal financial participation moneys received
4		pursuant to expenditures from the Fund shall be deposited into
5		the General Account.
6		(Source: P.A. 96-958, eff. 7-1-10; 97-72, eff. 7-1-11; revised
7		12-1-14.)
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
11		exclusively for the administration of the Uniform Disposition
12		of Unclaimed Property Act and for the expenses incurred by the
13		Auditor General for administering the provisions of Section
14		2-8.1 of the Illinois State Auditing Act and for the funding of
15		the unfunded liabilities of the designated retirement systems.
16		Beginning in State fiscal year 2016, payments to the designated
17		retirement systems under this Section shall be in addition to,
18		and not in lieu of, any State contributions required under the
19		Illinois 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
4		from the State Pensions Fund for the administration of the
5		Uniform Disposition of Unclaimed Property Act.
6		Each month, the Commissioner of the Office of Banks and
7		Real Estate shall certify to the State Treasurer the actual
8		expenditures that the Office of Banks and Real Estate incurred
9		conducting unclaimed property examinations under the Uniform
10		Disposition of Unclaimed Property Act during the immediately
11		preceding month. Within a reasonable time following the
12		acceptance of such certification by the State Treasurer, the
13		State Treasurer shall pay from its appropriation from the State
14		Pensions Fund to the Bank and Trust Company Fund, the Savings
15		Bank Regulatory Fund, and the Residential Finance Regulatory
16		Fund an amount equal to the expenditures incurred by each Fund
17		for that month.
18		Each month, the Director of Financial Institutions shall
19		certify to the State Treasurer the actual expenditures that the
20		Department of Financial Institutions incurred conducting
21		unclaimed property examinations under the Uniform Disposition
22		of Unclaimed Property Act during the immediately preceding
23		month. Within a reasonable time following the acceptance of
24		such certification by the State Treasurer, the State Treasurer
25		shall pay from its appropriation from the State Pensions Fund
26		to the Financial Institution Fund and the Credit Union Fund an

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1		amount equal to the expenditures incurred by each Fund for that
2		month.
3		(c) As soon as possible after the effective date of this
4		amendatory Act of the 93rd General Assembly, the General
5		Assembly shall appropriate from the State Pensions Fund (1) to
6		the State Universities Retirement System the amount certified
7		under Section 15-165 during the prior year, (2) to the Judges
8		Retirement System of Illinois the amount certified under
9		Section 18-140 during the prior year, and (3) to the General
10		Assembly Retirement System the amount certified under Section
11		2-134 during the prior year as part of the required State
12		contributions to each of those designated retirement systems;
13		except that amounts appropriated under this subsection (c) in
14		State fiscal year 2005 shall not reduce the amount in the State
15		Pensions Fund below $5,000,000. If the amount in the State
16		Pensions Fund does not exceed the sum of the amounts certified
17		in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
18		the amount paid to each designated retirement system under this
19		subsection shall be reduced in proportion to the amount
20		certified by each of those designated retirement systems.
21		(c-5) For fiscal years 2006 through 2015, the General
22		Assembly shall appropriate from the State Pensions Fund to the
23		State Universities Retirement System the amount estimated to be
24		available during the fiscal year in the State Pensions Fund;
25		provided, however, that the amounts appropriated under this
26		subsection (c-5) shall not reduce the amount in the State

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

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1		Insurance.
2		(d-1) As soon as practicable after the effective date of
3		this amendatory Act of the 93rd General Assembly, the
4		Comptroller shall direct and the Treasurer shall transfer from
5		the State Pensions Fund to the General Revenue Fund, as funds
6		become available, a sum equal to the amounts that would have
7		been paid from the State Pensions Fund to the Teachers'
8		Retirement System of the State of Illinois, the State
9		Universities Retirement System, the Judges Retirement System
10		of Illinois, the General Assembly Retirement System, and the
11		State Employees' Retirement System of Illinois after the
12		effective date of this amendatory Act during the remainder of
13		fiscal year 2004 to the designated retirement systems from the
14		appropriations provided for in this Section if the transfers
15		provided in Section 6z-61 had not occurred. The transfers
16		described in this subsection (d-1) are to partially repay the
17		General Revenue Fund for the costs associated with the bonds
18		used to fund the moneys transferred to the designated
19		retirement systems under Section 6z-61.
20		(e) The changes to this Section made by this amendatory Act
21		of 1994 shall first apply to distributions from the Fund for
22		State fiscal year 1996.
23		(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
24		eff. 6-19-13; 98-463, eff. 8-16-13; 98-674, eff. 6-30-14;
25		98-1081, eff. 1-1-15; revised 10-1-14.)

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1		Section 120. The Public Funds Investment Act is amended by
2		changing Section 6.5 as follows:
3		(30 ILCS 235/6.5)
4		Sec. 6.5. Federally insured deposits at Illinois financial
5		institutions.
6		(a) Notwithstanding any other provision of this Act or any
7		other statute, whenever a public agency invests public funds in
8		an interest-bearing savings account, demand deposit account,
9		interest-bearing certificate of deposit, or interest-bearing
10		time deposit under Section 2 of this Act, the provisions of
11		Section 6 of this Act and any other statutory requirements
12		pertaining to the eligibility of a bank to receive or hold
13		public deposits or to the pledging of collateral by a bank to
14		secure public deposits do not apply to any bank receiving or
15		holding all or part of the invested public funds if (i) the
16		public agency initiates the investment at or through a bank
17		located in Illinois and (ii) the invested public funds are at
18		all times fully insured by an agency or instrumentality of the
19		federal 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

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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
7		any person doing a banking business whether subject to the laws
8		of this or any other jurisdiction.
9		(Source: P.A. 98-703, eff. 7-7-14; 98-756, eff. 7-16-14;
10		revised 10-2-14.)
11		Section 125. The Illinois Coal Technology Development
12		Assistance 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
15		Assistance Fund Funds. As soon as may be practicable after the
16		first day of each month, the Department of Revenue shall
17		certify to the Treasurer an amount equal to 1/64 of the revenue
18		realized from the tax imposed by the Electricity Excise Tax
19		Law, Section 2 of the Public Utilities Revenue Act, Section 2
20		of the Messages Tax Act, and Section 2 of the Gas Revenue Tax
21		Act, during the preceding month. Upon receipt of the
22		certification, the Treasurer shall transfer the amount shown on
23		such certification from the General Revenue Fund to the Coal
24		Technology Development Assistance Fund, which is hereby

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1		created as a special fund in the State treasury, except that no
2		transfer shall be made in any month in which the Fund has
3		reached 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
4		amended 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
8		created. 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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1		procedures and criteria for grant awards. The Committee must
2		meet at least once each calendar quarter, and it may establish
3		committees and officers as it deems necessary. For purposes of
4		Committee meetings, a quorum is a majority of the members.
5		Meetings of the Committee are subject to the Open Meetings Act.
6		The Committee must afford an opportunity for public comment at
7		each of its meetings.
8		(c) Committee members shall serve without compensation,
9		but may be reimbursed for their reasonable travel expenses from
10		funds available for that purpose. The Office of the State
11		Treasurer shall, subject to appropriation, provide staff and
12		administrative support services to the Committee.
13		(d) The State Treasurer shall administer the Charitable
14		Trust Stabilization Fund.
15		The State Treasurer may transfer all or a portion of the
16		balance of the fund to a third-party administrator to fulfill
17		the mission of the Committee and the purposes of the fund in
18		accordance with this Act and in compliance with Section 5(c) of
19		this 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
22		Section 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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1		of this Act, no reimbursement by the State is required for the
2		implementation of any mandate created by Public Act 98-641,
3		98-666, 98-729, 98-930, or 98-1027 this amendatory Act of the
4		98th General Assembly.
5		(Source: P.A. 98-641, eff. 6-9-14; 98-666, eff. 1-1-15; 98-729,
6		eff. 7-26-14; 98-930, eff. 1-1-15; 98-1027, eff. 1-1-15;
7		revised 10-6-14.)
8		Section 140. The Illinois Income Tax Act is amended by
9		changing 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.
14		The Department shall collect certified past due child support
15		amounts 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
18		pursuant to subsections (a) and (b) of Section 201 of this Act
19		shall be paid into the General Revenue Fund in the State
20		treasury; money collected pursuant to subsections (c) and (d)
21		of Section 201 of this Act shall be paid into the Personal
22		Property Tax Replacement Fund, a special fund in the State
23		Treasury; and money collected under Section 2505-650 of the
24		Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid

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1		into the Child Support Enforcement Trust Fund, a special fund
2		outside the State Treasury, or to the State Disbursement Unit
3		established under Section 10-26 of the Illinois Public Aid
4		Code, as directed by the Department of Healthcare and Family
5		Services.
6		(b) Local Government Distributive Fund.
7		Beginning August 1, 1969, and continuing through June 30,
8		1994, the Treasurer shall transfer each month from the General
9		Revenue Fund to a special fund in the State treasury, to be
10		known as the "Local Government Distributive Fund", an amount
11		equal to 1/12 of the net revenue realized from the tax imposed
12		by subsections (a) and (b) of Section 201 of this Act during
13		the preceding month. Beginning July 1, 1994, and continuing
14		through June 30, 1995, the Treasurer shall transfer each month
15		from the General Revenue Fund to the Local Government
16		Distributive Fund an amount equal to 1/11 of the net revenue
17		realized from the tax imposed by subsections (a) and (b) of
18		Section 201 of this Act during the preceding month. Beginning
19		July 1, 1995 and continuing through January 31, 2011, the
20		Treasurer shall transfer each month from the General Revenue
21		Fund to the Local Government Distributive Fund an amount equal
22		to the net of (i) 1/10 of the net revenue realized from the tax
23		imposed by subsections (a) and (b) of Section 201 of the
24		Illinois Income Tax Act during the preceding month (ii) minus,
25		beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
26		and beginning July 1, 2004, zero. Beginning February 1, 2011,

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1		and continuing through January 31, 2015, the Treasurer shall
2		transfer each month from the General Revenue Fund to the Local
3		Government Distributive Fund an amount equal to the sum of (i)
4		6% (10% of the ratio of the 3% individual income tax rate prior
5		to 2011 to the 5% individual income tax rate after 2010) of the
6		net revenue realized from the tax imposed by subsections (a)
7		and (b) of Section 201 of this Act upon individuals, trusts,
8		and estates during the preceding month and (ii) 6.86% (10% of
9		the ratio of the 4.8% corporate income tax rate prior to 2011
10		to the 7% corporate income tax rate after 2010) of the net
11		revenue realized from the tax imposed by subsections (a) and
12		(b) of Section 201 of this Act upon corporations during the
13		preceding month. Beginning February 1, 2015 and continuing
14		through January 31, 2025, the Treasurer shall transfer each
15		month from the General Revenue Fund to the Local Government
16		Distributive Fund an amount equal to the sum of (i) 8% (10% of
17		the ratio of the 3% individual income tax rate prior to 2011 to
18		the 3.75% individual income tax rate after 2014) of the net
19		revenue realized from the tax imposed by subsections (a) and
20		(b) of Section 201 of this Act upon individuals, trusts, and
21		estates during the preceding month and (ii) 9.14% (10% of the
22		ratio of the 4.8% corporate income tax rate prior to 2011 to
23		the 5.25% corporate income tax rate after 2014) of the net
24		revenue realized from the tax imposed by subsections (a) and
25		(b) of Section 201 of this Act upon corporations during the
26		preceding month. Beginning February 1, 2025, the Treasurer

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1		shall transfer each month from the General Revenue Fund to the
2		Local Government Distributive Fund an amount equal to the sum
3		of (i) 9.23% (10% of the ratio of the 3% individual income tax
4		rate prior to 2011 to the 3.25% individual income tax rate
5		after 2024) of the net revenue realized from the tax imposed by
6		subsections (a) and (b) of Section 201 of this Act upon
7		individuals, trusts, and estates during the preceding month and
8		(ii) 10% of the net revenue realized from the tax imposed by
9		subsections (a) and (b) of Section 201 of this Act upon
10		corporations during the preceding month. Net revenue realized
11		for a month shall be defined as the revenue from the tax
12		imposed by subsections (a) and (b) of Section 201 of this Act
13		which is deposited in the General Revenue Fund, the Education
14		Assistance Fund, the Income Tax Surcharge Local Government
15		Distributive Fund, the Fund for the Advancement of Education,
16		and the Commitment to Human Services Fund during the month
17		minus the amount paid out of the General Revenue Fund in State
18		warrants during that same month as refunds to taxpayers for
19		overpayment 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
22		Act 98-1052) this amendatory Act of the 98th General Assembly,
23		the Comptroller shall perform the transfers required by this
24		subsection (b) no later than 60 days after he or she receives
25		the certification from the Treasurer as provided in Section 1
26		of 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
18		Income Tax Surcharge Local Government Distributive Fund.
19		On July 1, 1991, and thereafter, of the amounts collected
20		pursuant to subsections (a) and (b) of Section 201 of this Act,
21		minus deposits into the Income Tax Refund Fund, the Department
22		shall deposit 7.3% into the Education Assistance Fund in the
23		State Treasury. Beginning July 1, 1991, and continuing through
24		January 31, 1993, of the amounts collected pursuant to
25		subsections (a) and (b) of Section 201 of the Illinois Income
26		Tax Act, minus deposits into the Income Tax Refund Fund, the

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1		Department shall deposit 3.0% into the Income Tax Surcharge
2		Local Government Distributive Fund in the State Treasury.
3		Beginning February 1, 1993 and continuing through June 30,
4		1993, of the amounts collected pursuant to subsections (a) and
5		(b) of Section 201 of the Illinois Income Tax Act, minus
6		deposits into the Income Tax Refund Fund, the Department shall
7		deposit 4.4% into the Income Tax Surcharge Local Government
8		Distributive Fund in the State Treasury. Beginning July 1,
9		1993, and continuing through June 30, 1994, of the amounts
10		collected under subsections (a) and (b) of Section 201 of this
11		Act, minus deposits into the Income Tax Refund Fund, the
12		Department shall deposit 1.475% into the Income Tax Surcharge
13		Local Government Distributive Fund in the State Treasury.
14		(f) Deposits into the Fund for the Advancement of
15		Education. Beginning February 1, 2015, the Department shall
16		deposit the following portions of the revenue realized from the
17		tax imposed upon individuals, trusts, and estates by
18		subsections (a) and (b) of Section 201 of this Act during the
19		preceding month, minus deposits into the Income Tax Refund
20		Fund, 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
25		Section 201 is reduced pursuant to Section 201.5 of this Act,
26		the Department shall not make the deposits required by this

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

HB4137 Enrolled - 144 - LRB099 07987 AMC 28127 b
1		the 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,
3		eff. 6-19-13; 98-674, eff. 6-30-14; 98-1052, eff. 8-26-14;
4		98-1098, eff. 8-26-14; revised 9-26-14.)
5		Section 145. The Use Tax Act is amended by changing Section
6		2 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
10		power over tangible personal property incident to the ownership
11		of that property, except that it does not include the sale of
12		such property in any form as tangible personal property in the
13		regular course of business to the extent that such property is
14		not first subjected to a use for which it was purchased, and
15		does not include the use of such property by its owner for
16		demonstration purposes: Provided that the property purchased
17		is deemed to be purchased for the purpose of resale, despite
18		first being used, to the extent to which it is resold as an
19		ingredient of an intentionally produced product or by-product
20		of manufacturing. "Use" does not mean the demonstration use or
21		interim use of tangible personal property by a retailer before
22		he sells that tangible personal property. For watercraft or
23		aircraft, if the period of demonstration use or interim use by
24		the retailer exceeds 18 months, the retailer shall pay on the

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

HB4137 Enrolled - 146 - LRB099 07987 AMC 28127 b
1		title to tangible personal property to a purchaser, for the
2		purpose of use, and not for the purpose of resale in any form
3		as tangible personal property to the extent not first subjected
4		to a use for which it was purchased, for a valuable
5		consideration: Provided that the property purchased is deemed
6		to be purchased for the purpose of resale, despite first being
7		used, to the extent to which it is resold as an ingredient of
8		an intentionally produced product or by-product of
9		manufacturing. For this purpose, slag produced as an incident
10		to manufacturing pig iron or steel and sold is considered to be
11		an intentionally produced by-product of manufacturing. "Sale
12		at retail" includes any such transfer made for resale unless
13		made in compliance with Section 2c of the Retailers' Occupation
14		Tax Act, as incorporated by reference into Section 12 of this
15		Act. Transactions whereby the possession of the property is
16		transferred but the seller retains the title as security for
17		payment of the selling price are sales.
18		"Sale at retail" shall also be construed to include any
19		Illinois florist's sales transaction in which the purchase
20		order is received in Illinois by a florist and the sale is for
21		use or consumption, but the Illinois florist has a florist in
22		another state deliver the property to the purchaser or the
23		purchaser's donee in such other state.
24		Nonreusable tangible personal property that is used by
25		persons engaged in the business of operating a restaurant,
26		cafeteria, or drive-in is a sale for resale when it is

HB4137 Enrolled - 147 - LRB099 07987 AMC 28127 b
1		transferred to customers in the ordinary course of business as
2		part of the sale of food or beverages and is used to deliver,
3		package, or consume food or beverages, regardless of where
4		consumption of the food or beverages occurs. Examples of those
5		items include, but are not limited to nonreusable, paper and
6		plastic cups, plates, baskets, boxes, sleeves, buckets or other
7		containers, utensils, straws, placemats, napkins, doggie bags,
8		and wrapping or packaging materials that are transferred to
9		customers as part of the sale of food or beverages in the
10		ordinary course of business.
11		The purchase, employment and transfer of such tangible
12		personal property as newsprint and ink for the primary purpose
13		of conveying news (with or without other information) is not a
14		purchase, use or sale of tangible personal property.
15		"Selling price" means the consideration for a sale valued
16		in money whether received in money or otherwise, including
17		cash, credits, property other than as hereinafter provided, and
18		services, but not including the value of or credit given for
19		traded-in tangible personal property where the item that is
20		traded-in is of like kind and character as that which is being
21		sold, and shall be determined without any deduction on account
22		of the cost of the property sold, the cost of materials used,
23		labor or service cost or any other expense whatsoever, but does
24		not include interest or finance charges which appear as
25		separate items on the bill of sale or sales contract nor
26		charges that are added to prices by sellers on account of the

HB4137 Enrolled - 148 - LRB099 07987 AMC 28127 b
1		seller's tax liability under the "Retailers' Occupation Tax
2		Act", or on account of the seller's duty to collect, from the
3		purchaser, the tax that is imposed by this Act, or, except as
4		otherwise provided with respect to any cigarette tax imposed by
5		a home rule unit, on account of the seller's tax liability
6		under any local occupation tax administered by the Department,
7		or, except as otherwise provided with respect to any cigarette
8		tax imposed by a home rule unit on account of the seller's duty
9		to collect, from the purchasers, the tax that is imposed under
10		any local use tax administered by the Department. Effective
11		December 1, 1985, "selling price" shall include charges that
12		are added to prices by sellers on account of the seller's tax
13		liability under the Cigarette Tax Act, on account of the
14		seller's duty to collect, from the purchaser, the tax imposed
15		under the Cigarette Use Tax Act, and on account of the seller's
16		duty to collect, from the purchaser, any cigarette tax imposed
17		by a home rule unit.
18		Notwithstanding any law to the contrary, for any motor
19		vehicle, as defined in Section 1-146 of the Vehicle Code, that
20		is sold on or after January 1, 2015 for the purpose of leasing
21		the vehicle for a defined period that is longer than one year
22		and (1) is a motor vehicle of the second division that: (A) is
23		a self-contained motor vehicle designed or permanently
24		converted to provide living quarters for recreational,
25		camping, or travel use, with direct walk through access to the
26		living quarters from the driver's seat; (B) is of the van

HB4137 Enrolled - 149 - LRB099 07987 AMC 28127 b
1		configuration designed for the transportation of not less than
2		7 nor more than 16 passengers; or (C) has a gross vehicle
3		weight rating of 8,000 pounds or less or (2) is a motor vehicle
4		of the first division, "selling price" or "amount of sale"
5		means the consideration received by the lessor pursuant to the
6		lease contract, including amounts due at lease signing and all
7		monthly or other regular payments charged over the term of the
8		lease. Also included in the selling price is any amount
9		received by the lessor from the lessee for the leased vehicle
10		that is not calculated at the time the lease is executed,
11		including, but not limited to, excess mileage charges and
12		charges for excess wear and tear. For sales that occur in
13		Illinois, with respect to any amount received by the lessor
14		from the lessee for the leased vehicle that is not calculated
15		at the time the lease is executed, the lessor who purchased the
16		motor vehicle does not incur the tax imposed by the Use Tax Act
17		on those amounts, and the retailer who makes the retail sale of
18		the motor vehicle to the lessor is not required to collect the
19		tax imposed by this Act or to pay the tax imposed by the
20		Retailers' Occupation Tax Act on those amounts. However, the
21		lessor who purchased the motor vehicle assumes the liability
22		for reporting and paying the tax on those amounts directly to
23		the Department in the same form (Illinois Retailers' Occupation
24		Tax, and local retailers' occupation taxes, if applicable) in
25		which the retailer would have reported and paid such tax if the
26		retailer had accounted for the tax to the Department. For

HB4137 Enrolled - 150 - LRB099 07987 AMC 28127 b
1		amounts received by the lessor from the lessee that are not
2		calculated at the time the lease is executed, the lessor must
3		file the return and pay the tax to the Department by the due
4		date otherwise required by this Act for returns other than
5		transaction returns. If the retailer is entitled under this Act
6		to a discount for collecting and remitting the tax imposed
7		under this Act to the Department with respect to the sale of
8		the motor vehicle to the lessor, then the right to the discount
9		provided in this Act shall be transferred to the lessor with
10		respect to the tax paid by the lessor for any amount received
11		by the lessor from the lessee for the leased vehicle that is
12		not calculated at the time the lease is executed; provided that
13		the discount is only allowed if the return is timely filed and
14		for amounts timely paid. The "selling price" of a motor vehicle
15		that is sold on or after January 1, 2015 for the purpose of
16		leasing for a defined period of longer than one year shall not
17		be reduced by the value of or credit given for traded-in
18		tangible personal property owned by the lessor, nor shall it be
19		reduced by the value of or credit given for traded-in tangible
20		personal property owned by the lessee, regardless of whether
21		the trade-in value thereof is assigned by the lessee to the
22		lessor. In the case of a motor vehicle that is sold for the
23		purpose of leasing for a defined period of longer than one
24		year, the sale occurs at the time of the delivery of the
25		vehicle, regardless of the due date of any lease payments. A
26		lessor who incurs a Retailers' Occupation Tax liability on the

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

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

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

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1		bulk vending machine does not make such person a retailer
2		hereunder. However, any person who is engaged in a business
3		which is not subject to the tax imposed by the "Retailers'
4		Occupation Tax Act" because of involving the sale of or a
5		contract to sell real estate or a construction contract to
6		improve real estate, but who, in the course of conducting such
7		business, transfers tangible personal property to users or
8		consumers in the finished form in which it was purchased, and
9		which does not become real estate, under any provision of a
10		construction contract or real estate sale or real estate sales
11		agreement entered into with some other person arising out of or
12		because of such nontaxable business, is a retailer to the
13		extent of the value of the tangible personal property so
14		transferred. If, in such transaction, a separate charge is made
15		for the tangible personal property so transferred, the value of
16		such property, for the purposes of this Act, is the amount so
17		separately charged, but not less than the cost of such property
18		to the transferor; if no separate charge is made, the value of
19		such property, for the purposes of this Act, is the cost to the
20		transferor of such tangible personal property.
21		"Retailer maintaining a place of business in this State",
22		or any like term, means and includes any of the following
23		retailers:
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
17		unsorted confections, nuts, toys, or other items designed
18		primarily to be used or played with by children which, when a
19		coin or coins of a denomination not larger than $0.50 are
20		inserted, are dispensed in equal portions, at random and
21		without selection by the customer.
22		(Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14;
23		98-1089, eff. 1-1-15; revised 10-1-14.)
24		Section 150. The Cigarette Tax Act is amended by changing
25		Section 4g as follows:

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1		(35 ILCS 130/4g)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 4g. Retailer's license. Beginning on January 1, 2016,
5		no person may engage in business as a retailer of cigarettes in
6		this State without first having obtained a license from the
7		Department. Application for license shall be made to the
8		Department, by electronic means, in a form prescribed by the
9		Department. Each applicant for a license under this Section
10		shall furnish to the Department, in an electronic format
11		established 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
20		retailer's license shall be $75. The fee shall be deposited
21		into the Tax Compliance and Administration Fund and shall be
22		for the cost of tobacco retail inspection and contraband
23		tobacco and tobacco smuggling with at least two-thirds of the
24		money being used for contraband tobacco and tobacco smuggling
25		operations and enforcement.

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1		Each applicant for a license shall pay the fee to the
2		Department at the time of submitting its application for a
3		license to the Department. The Department shall require an
4		applicant for a license under this Section to electronically
5		file and pay the fee.
6		A separate annual license fee shall be paid for each place
7		of business at which a person who is required to procure a
8		retailer's license under this Section proposes to engage in
9		business as a retailer in Illinois under this Act.
10		The following are ineligible to receive a retailer's
11		license 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
25		fee, in proper form, from a person who is eligible to receive a
26		retailer's license under this Act, shall issue to such

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

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1		the absence of a protest and request for a hearing within 30
2		days, the Department's decision shall become final without any
3		further 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
6		amended 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
9		delayed effective date)
10		Sec. 10-21. Retailer's license. Beginning on January 1,
11		2016, no person may engage in business as a retailer of tobacco
12		products in this State without first having obtained a license
13		from the Department. Application for license shall be made to
14		the Department, by electronic means, in a form prescribed by
15		the Department. Each applicant for a license under this Section
16		shall furnish to the Department, in an electronic format
17		established 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
2		retailer's license shall be $75. The fee will be deposited into
3		the Tax Compliance and Administration Fund and shall be used
4		for the cost of tobacco retail inspection and contraband
5		tobacco and tobacco smuggling with at least two-thirds of the
6		money being used for contraband tobacco and tobacco smuggling
7		operations and enforcement.
8		Each applicant for license shall pay such fee to the
9		Department at the time of submitting its application for
10		license to the Department. The Department shall require an
11		applicant for a license under this Section to electronically
12		file and pay the fee.
13		A separate annual license fee shall be paid for each place
14		of business at which a person who is required to procure a
15		retailer's license under this Section proposes to engage in
16		business as a retailer in Illinois under this Act.
17		The following are ineligible to receive a retailer's
18		license 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

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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
6		fee, in proper form, from a person who is eligible to receive a
7		retailer's license under this Act, shall issue to such
8		applicant a license in form as prescribed by the Department,
9		which license shall permit the applicant to which it is issued
10		to engage in business as a retailer under this Act at the place
11		shown in his application. All licenses issued by the Department
12		under this Section shall be valid for a period not to exceed
13		one year after issuance unless sooner revoked, canceled or
14		suspended as provided in this Act. No license issued under this
15		Section is transferable or assignable. Such license shall be
16		conspicuously displayed in the place of business conducted by
17		the licensee in Illinois under such license. A person who
18		obtains a license as a retailer who ceases to do business as
19		specified in the license, or who never commenced business, or
20		who obtains a distributor's license, or whose license is
21		suspended or revoked, shall immediately surrender the license
22		to the Department. The Department shall not issue a license to
23		a retailer unless the retailer is also validly registered under
24		the Retailers Occupation Tax Act.
25		A retailer as defined under this Act need not obtain an
26		additional license under this Act, but shall be deemed to be

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

HB4137 Enrolled - 166 - LRB099 07987 AMC 28127 b
1		or her work with pay for not more than 20 working days in any
2		12-month period to participate in specialized disaster relief
3		services for the American Red Cross or for the Illinois
4		Emergency Management Agency, as the case may be, upon the
5		request of the American Red Cross or the Illinois Emergency
6		Management Agency for the services of that employee and upon
7		the approval of that employee's agency, without loss of
8		seniority, pay, vacation time, compensatory time, personal
9		days, sick time, or earned overtime accumulation. The agency
10		must compensate an employee granted leave under this Section at
11		his or her regular rate of pay for those regular work hours
12		during which the employee is absent from work. Leave under this
13		Act shall not be unreasonably denied for services related to a
14		disaster within the United States or its territories.
15		(Source: P.A. 92-95, eff. 7-18-01; 93-893, eff. 8-10-04;
16		revised 12-1-14.)
17		Section 165. The Illinois Police Training Act is amended by
18		changing 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
21		Treasury to be known as the "The Traffic and Criminal
22		Conviction Surcharge Fund" and shall be financed as provided in
23		Section 9.1 of this Act and Section 5-9-1 of the "Unified Code
24		of Corrections", unless the fines, costs, or additional amounts

HB4137 Enrolled - 167 - LRB099 07987 AMC 28127 b
1		imposed are subject to disbursement by the circuit clerk under
2		Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
3		shall 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 Enrolled - 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.

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1		All payments from the Traffic and Criminal Conviction
2		Surcharge Fund shall be made each year from moneys appropriated
3		for the purposes specified in this Section. No more than 50% of
4		any appropriation under this Act shall be spent in any city
5		having a population of more than 500,000. The State Comptroller
6		and the State Treasurer shall from time to time, at the
7		direction of the Governor, transfer from the Traffic and
8		Criminal Conviction Surcharge Fund to the General Revenue Fund
9		in the State Treasury such amounts as the Governor determines
10		are in excess of the amounts required to meet the obligations
11		of the Traffic and Criminal Conviction Surcharge Fund.
12		(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
13		98-674, 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
15		by 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
19		of the various agencies involved in the investigation,
20		prosecution and treatment of child maltreatment. The
21		individual county or regional Advisory Board shall set the
22		written protocol of the CAC within the appropriate
23		jurisdiction. The operation of the CAC may be funded through
24		public or private grants, contracts, donations, fees, and other

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1		available sources under this Act. Each CAC shall operate to the
2		best of its ability in accordance with available funding. In
3		counties in which a referendum has been adopted under Section 5
4		of this Act, the Advisory Board, by the majority vote of its
5		members, shall submit a proposed annual budget for the
6		operation of the CAC to the county board, which shall
7		appropriate funds and levy a tax sufficient to operate the CAC.
8		The county board in each county in which a referendum has been
9		adopted shall establish a Children's Advocacy Center Fund and
10		shall deposit the net proceeds of the tax authorized by Section
11		6 of this Act in that Fund, which shall be kept separate from
12		all other county funds and shall only be used for the purposes
13		of this Act.
14		(b) The Advisory Board shall pay from the Children's
15		Advocacy Center Fund or from other available funds the salaries
16		of all employees of the Center and the expenses of acquiring a
17		physical plant for the Center by construction or lease and
18		maintaining the Center, including the expenses of
19		administering the coordination of the investigation,
20		prosecution and treatment referral of child maltreatment under
21		the provisions of the protocol adopted pursuant to this Act.
22		(c) Every CAC shall include at least the following
23		components:
24		(1) A multidisciplinary, coordinated systems approach
25		to the investigation of child maltreatment which shall
26		include, at a minimum: ;

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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;

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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
23		provided in this Section, the Advisory Board of that CAC may,
24		by a majority vote of the members, authorize the CAC to
25		coordinate the activities of the various agencies involved in
26		the investigation, prosecution, and treatment referral in

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1		cases of serious or fatal injury to a child. For CACs receiving
2		funds under Section 5 or 6 of this Act, the Advisory Board
3		shall provide for the financial support of these activities in
4		a manner similar to that set out in subsections (a) and (b) of
5		this Section and shall be allowed to submit a budget that
6		includes support for physical abuse and neglect activities to
7		the County Board, which shall appropriate funds that may be
8		available under Section 5 of this Act. In cooperation with the
9		Department of Children and Family Services Child Death Review
10		Teams, the Department of Children and Family Services Office of
11		the Inspector General, and other stakeholders, this protocol
12		must be initially implemented in selected counties to the
13		extent that State appropriations or funds from other sources
14		for this purpose allow.
15		(e) CACI may also provide technical assistance and guidance
16		to 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
19		Section 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,
23		sale, conveyance, regulation, or use of the township's
24		corporate property (including the direct sale or lease of

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

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1		least 10% of the registered voters residing in the township is
2		presented to the township clerk. If a petition is presented to
3		the township clerk, the clerk shall order a referendum on the
4		proposition. The referendum shall be held at the next annual or
5		special township meeting or at an election in accordance with
6		the general election law. If the referendum is ordered to be
7		held at the township meeting, the township clerk shall give
8		notice that at the next annual or special township meeting the
9		proposition shall be voted upon. The notice shall set forth the
10		proposition and shall be given by publication in a newspaper
11		published in the township. If there is no newspaper published
12		in the township, the notice shall be published in a newspaper
13		published in the county and having general circulation in the
14		township. Notice also shall be given by posting notices in at
15		least 5 public places at least 15 days before the township
16		meeting. If the referendum is ordered to be held at an
17		election, the township clerk shall certify that proposition to
18		the proper election officials, who shall submit the proposition
19		at an election. The proposition shall be submitted in
20		accordance with the general election law.
21		(c) If the leased property is utilized in part for private
22		use and in part for public use, those portions of the
23		improvements devoted to private use are fully taxable. The land
24		is exempt from taxation to the extent that the uses on the land
25		are 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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1		or road district real property, the electors shall adopt a
2		resolution stating the intent to lease or sell the real
3		property, describing the property in full, and stating the
4		terms and conditions the electors deem necessary and desirable
5		for the lease or sale. A resolution stating the intent to sell
6		real property shall also contain pertinent information
7		concerning the size, use, and zoning of the property. The value
8		of real property shall be determined by a State licensed real
9		estate appraiser. The appraisal shall be available for public
10		inspection. The resolution may direct the sale to be conducted
11		by the staff of the township or by listing with local licensed
12		real estate agencies (in which case the terms of the agent's
13		compensation shall be included in the resolution).
14		Anytime during the year, the township or township road
15		district may lease or sell personal property by a vote of the
16		township board or request of the township highway commissioner.
17		The clerk shall thereafter publish the resolution or
18		personal property sale notice once in a newspaper published in
19		the township or, if no newspaper is published in the township,
20		in a newspaper generally circulated in the township. If no
21		newspaper is generally circulated in the township, the clerk
22		shall post the resolution or personal property sale notice in 5
23		of the most public places in the township. In addition to the
24		foregoing publication requirements, the clerk shall post the
25		resolution or personal property sale notice at the office of
26		the township (if township property is involved) or at the

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

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1		or personal property is declared surplus by the township board
2		or the highway commissioner and sold to another governmental
3		body.
4		The township board or the highway commissioner may
5		authorize the sale of personal property by public auction
6		conducted by an auctioneer licensed under the Auction License
7		Act or through an approved Internet auction service.
8		(e) A trade-in of machinery or equipment on new or
9		different machinery or equipment does not constitute the sale
10		of township or road district property.
11		(Source: P.A. 97-337, eff. 8-12-11; 98-549, eff. 8-26-13;
12		98-653, eff. 6-18-14; revised 6-24-14.)
13		Section 180. The Illinois Municipal Code is amended by
14		changing Sections 10-1-7.1, 10-2.1-6.3, 11-12-5, and
15		11-74.4-3.5 as follows:
16		(65 ILCS 5/10-1-7.1)
17		Sec. 10-1-7.1. Original appointments; full-time fire
18		department.
19		(a) Applicability. Unless a commission elects to follow the
20		provisions of Section 10-1-7.2, this Section shall apply to all
21		original appointments to an affected full-time fire
22		department. Existing registers of eligibles shall continue to
23		be valid until their expiration dates, or up to a maximum of 2
24		years after the effective date of this amendatory Act of the

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1		97th General Assembly.
2		Notwithstanding any statute, ordinance, rule, or other law
3		to the contrary, all original appointments to an affected
4		department to which this Section applies shall be administered
5		in the manner provided for in this Section. Provisions of the
6		Illinois Municipal Code, municipal ordinances, and rules
7		adopted pursuant to such authority and other laws relating to
8		initial hiring of firefighters in affected departments shall
9		continue to apply to the extent they are compatible with this
10		Section, but in the event of a conflict between this Section
11		and any other law, this Section shall control.
12		A home rule or non-home rule municipality may not
13		administer its fire department process for original
14		appointments in a manner that is less stringent than this
15		Section. This Section is a limitation under subsection (i) of
16		Section 6 of Article VII of the Illinois Constitution on the
17		concurrent exercise by home rule units of the powers and
18		functions exercised by the State.
19		A municipality that is operating under a court order or
20		consent decree regarding original appointments to a full-time
21		fire department before the effective date of this amendatory
22		Act of the 97th General Assembly is exempt from the
23		requirements of this Section for the duration of the court
24		order 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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1		than 1,000,000 inhabitants.
2		(b) Original appointments. All original appointments made
3		to an affected fire department shall be made from a register of
4		eligibles established in accordance with the processes
5		established by this Section. Only persons who meet or exceed
6		the performance standards required by this Section shall be
7		placed on a register of eligibles for original appointment to
8		an affected fire department.
9		Whenever an appointing authority authorizes action to hire
10		a person to perform the duties of a firefighter or to hire a
11		firefighter-paramedic to fill a position that is a new position
12		or vacancy due to resignation, discharge, promotion, death, the
13		granting of a disability or retirement pension, or any other
14		cause, the appointing authority shall appoint to that position
15		the person with the highest ranking on the final eligibility
16		list. If the appointing authority has reason to conclude that
17		the highest ranked person fails to meet the minimum standards
18		for the position or if the appointing authority believes an
19		alternate candidate would better serve the needs of the
20		department, then the appointing authority has the right to pass
21		over the highest ranked person and appoint either: (i) any
22		person who has a ranking in the top 5% of the register of
23		eligibles or (ii) any person who is among the top 5 highest
24		ranked persons on the list of eligibles if the number of people
25		who have a ranking in the top 5% of the register of eligibles
26		is less than 5 people.

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

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

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1		restrictive for that individual during his or her period of
2		service for that municipality, or be made a condition of
3		promotion, except for the rank or position of fire chief and
4		for no more than 2 positions that rank immediately below that
5		of the chief rank which are appointed positions pursuant to the
6		Fire Department Promotion Act.
7		No person who is 35 years of age or older shall be eligible
8		to take an examination for a position as a firefighter unless
9		the person has had previous employment status as a firefighter
10		in the regularly constituted fire department of the
11		municipality, except as provided in this Section. The age
12		limitation 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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1		for employment as a firefighter.
2		No applicant shall be examined concerning his or her
3		political or religious opinions or affiliations. The
4		examinations shall be conducted by the commissioners of the
5		municipality or their designees and agents.
6		No municipality shall require that any firefighter
7		appointed to the lowest rank serve a probationary employment
8		period of longer than one year of actual active employment,
9		which may exclude periods of training, or injury or illness
10		leaves, including duty related leave, in excess of 30 calendar
11		days. Notwithstanding anything to the contrary in this Section,
12		the probationary employment period limitation may be extended
13		for a firefighter who is required, as a condition of
14		employment, to be a licensed paramedic, during which time the
15		sole reason that a firefighter may be discharged without a
16		hearing is for failing to meet the requirements for paramedic
17		licensure.
18		In the event that any applicant who has been found eligible
19		for appointment and whose name has been placed upon the final
20		eligibility register provided for in this Division 1 has not
21		been appointed to a firefighter position within one year after
22		the date of his or her physical ability examination, the
23		commission may cause a second examination to be made of that
24		applicant's physical ability prior to his or her appointment.
25		If, after the second examination, the physical ability of the
26		applicant shall be found to be less than the minimum standard

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

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

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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
18		capabilities in each of these dimensions may be tests based on
19		industry standards currently in use or equivalent tests
20		approved by the Joint Labor-Management Committee of the Office
21		of the State Fire Marshal.
22		Physical ability examinations administered under this
23		Section shall be conducted with a reasonable number of proctors
24		and monitors, open to the public, and subject to reasonable
25		regulations of the commission.
26		(g) Scoring of examination components. Appointing

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

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1		score to qualify for placement on the final eligibility
2		register, but the score shall not be less than the minimum
3		score set by the commission.
4		The commission shall prepare and keep a register of persons
5		whose total score is not less than the minimum score for
6		passage and who have passed the physical ability examination.
7		These persons shall take rank upon the register as candidates
8		in the order of their relative excellence based on the highest
9		to the lowest total points scored on the mental aptitude,
10		subjective component, and preference components of the test
11		administered in accordance with this Section. No more than 60
12		days after each examination, an initial eligibility list shall
13		be posted by the commission. The list shall include the final
14		grades of the candidates without reference to priority of the
15		time of examination and subject to claim for preference credit.
16		Commissions may conduct additional examinations, including
17		without limitation a polygraph test, after a final eligibility
18		register is established and before it expires with the
19		candidates ranked by total score without regard to date of
20		examination. No more than 60 days after each examination, an
21		initial eligibility list shall be posted by the commission
22		showing the final grades of the candidates without reference to
23		priority of time of examination and subject to claim for
24		preference 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
9		claim the credit before any examination held under the
10		provisions of this Section, but the preference shall be given
11		after the posting or publication of the initial eligibility
12		list or register at the request of a person entitled to a
13		credit before any certification or appointments are made from
14		the eligibility register, upon the furnishing of verifiable
15		evidence and proof of qualifying preference credit. Candidates
16		who are eligible for preference credit shall make a claim in
17		writing within 10 days after the posting of the initial
18		eligibility list, or the claim shall be deemed waived. Final
19		eligibility registers shall be established after the awarding
20		of verified preference points. All employment shall be subject
21		to the commission's initial hire background review including,
22		but not limited to, criminal history, employment history, moral
23		character, oral examination, and medical and psychological
24		examinations, all on a pass-fail basis. The medical and
25		psychological examinations must be conducted last, and may only
26		be performed after a conditional offer of employment has been

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1		extended.
2		Any person placed on an eligibility list who exceeds the
3		age requirement before being appointed to a fire department
4		shall remain eligible for appointment until the list is
5		abolished, or his or her name has been on the list for a period
6		of 2 years. No person who has attained the age of 35 years
7		shall be inducted into a fire department, except as otherwise
8		provided in this Section.
9		The commission shall strike off the names of candidates for
10		original appointment after the names have been on the list for
11		more than 2 years.
12		(i) Moral character. No person shall be appointed to a fire
13		department unless he or she is a person of good character; not
14		a habitual drunkard, a gambler, or a person who has been
15		convicted of a felony or a crime involving moral turpitude.
16		However, no person shall be disqualified from appointment to
17		the fire department because of the person's record of
18		misdemeanor convictions except those under Sections 11-6,
19		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
20		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
21		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
22		1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, or arrest for any cause without
24		conviction thereon. Any such person who is in the department
25		may be removed on charges brought for violating this subsection
26		and after a trial as hereinafter provided.

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

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1		charges for official misconduct.
2		A person who is the knowing recipient of test information
3		in advance of the examination shall be disqualified from the
4		examination or discharged from the position to which he or she
5		was appointed, as applicable, and otherwise subjected to
6		disciplinary actions.
7		(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
8		97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
9		8-15-14; 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
12		department.
13		(a) Applicability. Unless a commission elects to follow the
14		provisions of Section 10-2.1-6.4, this Section shall apply to
15		all original appointments to an affected full-time fire
16		department. Existing registers of eligibles shall continue to
17		be valid until their expiration dates, or up to a maximum of 2
18		years after the effective date of this amendatory Act of the
19		97th General Assembly.
20		Notwithstanding any statute, ordinance, rule, or other law
21		to the contrary, all original appointments to an affected
22		department to which this Section applies shall be administered
23		in the manner provided for in this Section. Provisions of the
24		Illinois Municipal Code, municipal ordinances, and rules
25		adopted pursuant to such authority and other laws relating to

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

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

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

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

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1		to take an examination for a position as a firefighter unless
2		the person has had previous employment status as a firefighter
3		in the regularly constituted fire department of the
4		municipality, except as provided in this Section. The age
5		limitation 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
20		for employment as a firefighter.
21		No applicant shall be examined concerning his or her
22		political or religious opinions or affiliations. The
23		examinations shall be conducted by the commissioners of the
24		municipality or their designees and agents.
25		No municipality shall require that any firefighter
26		appointed to the lowest rank serve a probationary employment

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

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

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1		in character and relate to those matters that fairly test the
2		capacity of the persons examined to discharge the duties
3		performed by members of a fire department. Written examinations
4		shall be administered in a manner that ensures the security and
5		accuracy of the scores achieved.
6		(f) Physical ability. All candidates shall be required to
7		undergo an examination of their physical ability to perform the
8		essential functions included in the duties they may be called
9		upon to perform as a member of a fire department. For the
10		purposes of this Section, essential functions of the job are
11		functions associated with duties that a firefighter may be
12		called upon to perform in response to emergency calls. The
13		frequency of the occurrence of those duties as part of the fire
14		department's regular routine shall not be a controlling factor
15		in the design of examination criteria or evolutions selected
16		for testing. These physical examinations shall be open,
17		competitive, and based on industry standards designed to test
18		each applicant's physical abilities in the following
19		dimensions:
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

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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
11		capabilities in each of these dimensions may be tests based on
12		industry standards currently in use or equivalent tests
13		approved by the Joint Labor-Management Committee of the Office
14		of the State Fire Marshal.
15		Physical ability examinations administered under this
16		Section shall be conducted with a reasonable number of proctors
17		and monitors, open to the public, and subject to reasonable
18		regulations of the commission.
19		(g) Scoring of examination components. Appointing
20		authorities may create a preliminary eligibility register. A
21		person shall be placed on the list based upon his or her
22		passage of the written examination or the passage of the
23		written examination and the physical ability component.
24		Passage of the written examination means attaining the minimum
25		score set by the commission. Minimum scores should be set by
26		the commission so as to demonstrate a candidate's ability to

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

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1		in the order of their relative excellence based on the highest
2		to the lowest total points scored on the mental aptitude,
3		subjective component, and preference components of the test
4		administered in accordance with this Section. No more than 60
5		days after each examination, an initial eligibility list shall
6		be posted by the commission. The list shall include the final
7		grades of the candidates without reference to priority of the
8		time of examination and subject to claim for preference credit.
9		Commissions may conduct additional examinations, including
10		without limitation a polygraph test, after a final eligibility
11		register is established and before it expires with the
12		candidates ranked by total score without regard to date of
13		examination. No more than 60 days after each examination, an
14		initial eligibility list shall be posted by the commission
15		showing the final grades of the candidates without reference to
16		priority of time of examination and subject to claim for
17		preference 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.

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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.

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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

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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

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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
8		claim the credit before any examination held under the
9		provisions of this Section, but the preference shall be given
10		after the posting or publication of the initial eligibility
11		list or register at the request of a person entitled to a
12		credit before any certification or appointments are made from
13		the eligibility register, upon the furnishing of verifiable
14		evidence and proof of qualifying preference credit. Candidates
15		who are eligible for preference credit shall make a claim in
16		writing within 10 days after the posting of the initial
17		eligibility list, or the claim shall be deemed waived. Final
18		eligibility registers shall be established after the awarding
19		of verified preference points. All employment shall be subject
20		to the commission's initial hire background review including,
21		but not limited to, criminal history, employment history, moral
22		character, oral examination, and medical and psychological
23		examinations, all on a pass-fail basis. The medical and
24		psychological examinations must be conducted last, and may only
25		be performed after a conditional offer of employment has been
26		extended.

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1		Any person placed on an eligibility list who exceeds the
2		age requirement before being appointed to a fire department
3		shall remain eligible for appointment until the list is
4		abolished, or his or her name has been on the list for a period
5		of 2 years. No person who has attained the age of 35 years
6		shall be inducted into a fire department, except as otherwise
7		provided in this Section.
8		The commission shall strike off the names of candidates for
9		original appointment after the names have been on the list for
10		more than 2 years.
11		(i) Moral character. No person shall be appointed to a fire
12		department unless he or she is a person of good character; not
13		a habitual drunkard, a gambler, or a person who has been
14		convicted of a felony or a crime involving moral turpitude.
15		However, no person shall be disqualified from appointment to
16		the fire department because of the person's record of
17		misdemeanor convictions except those under Sections 11-6,
18		11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
19		12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
20		31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
21		1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
22		Criminal Code of 2012, or arrest for any cause without
23		conviction thereon. Any such person who is in the department
24		may be removed on charges brought for violating this subsection
25		and after a trial as hereinafter provided.
26		A classifiable set of the fingerprints of every person who

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

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1		A person who is the knowing recipient of test information
2		in advance of the examination shall be disqualified from the
3		examination or discharged from the position to which he or she
4		was appointed, as applicable, and otherwise subjected to
5		disciplinary actions.
6		(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
7		97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.
8		8-15-14, 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
11		department authorized by this Division 12 has the following
12		powers and whenever in this Division 12 the term plan
13		commission is used such term shall be deemed to include the
14		term 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

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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

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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
16		developer donations or impact fees, and specifically for
17		expenditures thereof, "school grounds" is defined as including
18		land or site improvements, which include school buildings or
19		other infrastructure, including technological infrastructure,
20		necessitated and specifically and uniquely attributed to the
21		development or subdivision in question. This amendatory Act of
22		the 93rd General Assembly applies to all impact fees or
23		developer donations paid into a school district or held in a
24		separate account or escrow fund by any school district or
25		municipality for a school district.
26		(Source: P.A. 98-741, eff. 1-1-15; revised 12-1-14.)

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1		(65 ILCS 5/11-74.4-3.5)
2		Sec. 11-74.4-3.5. Completion dates for redevelopment
3		projects.
4		(a) Unless otherwise stated in this Section, the estimated
5		dates of completion of the redevelopment project and retirement
6		of obligations issued to finance redevelopment project costs
7		(including refunding bonds under Section 11-74.4-7) may not be
8		later than December 31 of the year in which the payment to the
9		municipal treasurer, as provided in subsection (b) of Section
10		11-74.4-8 of this Act, is to be made with respect to ad valorem
11		taxes levied in the 23rd calendar year after the year in which
12		the ordinance approving the redevelopment project area was
13		adopted if the ordinance was adopted on or after January 15,
14		1981.
15		(b) The estimated dates of completion of the redevelopment
16		project and retirement of obligations issued to finance
17		redevelopment project costs (including refunding bonds under
18		Section 11-74.4-7) may not be later than December 31 of the
19		year in which the payment to the municipal treasurer as
20		provided in subsection (b) of Section 11-74.4-8 of this Act is
21		to be made with respect to ad valorem taxes levied in the 32nd
22		calendar year after the year in which the ordinance approving
23		the redevelopment project area was adopted if the ordinance was
24		adopted on September 9, 1999 by the Village of Downs.
25		The estimated dates of completion of the redevelopment

HB4137 Enrolled - 218 - LRB099 07987 AMC 28127 b
1		project and retirement of obligations issued to finance
2		redevelopment project costs (including refunding bonds under
3		Section 11-74.4-7) may not be later than December 31 of the
4		year in which the payment to the municipal treasurer as
5		provided in subsection (b) of Section 11-74.4-8 of this Act is
6		to be made with respect to ad valorem taxes levied in the 33rd
7		calendar year after the year in which the ordinance approving
8		the redevelopment project area was adopted if the ordinance was
9		adopted on May 20, 1985 by the Village of Wheeling.
10		The estimated dates of completion of the redevelopment
11		project and retirement of obligations issued to finance
12		redevelopment project costs (including refunding bonds under
13		Section 11-74.4-7) may not be later than December 31 of the
14		year in which the payment to the municipal treasurer as
15		provided in subsection (b) of Section 11-74.4-8 of this Act is
16		to be made with respect to ad valorem taxes levied in the 28th
17		calendar year after the year in which the ordinance approving
18		the redevelopment project area was adopted if the ordinance was
19		adopted on October 12, 1989 by the City of Lawrenceville.
20		(c) The estimated dates of completion of the redevelopment
21		project and retirement of obligations issued to finance
22		redevelopment project costs (including refunding bonds under
23		Section 11-74.4-7) may not be later than December 31 of the
24		year in which the payment to the municipal treasurer as
25		provided in subsection (b) of Section 11-74.4-8 of this Act is
26		to be made with respect to ad valorem taxes levied in the 35th

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1		calendar year after the year in which the ordinance approving
2		the 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 Enrolled - 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 Enrolled - 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 Enrolled - 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 Enrolled - 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 Enrolled - 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 Enrolled - 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. ;

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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. ;

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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,

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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. ;

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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
20		issued before July 29, 1991, or for which contracts were
21		entered into before June 1, 1988, in connection with a
22		redevelopment project in the area within the State Sales Tax
23		Boundary, the estimated dates of completion of the
24		redevelopment project and retirement of obligations to finance
25		redevelopment project costs (including refunding bonds under
26		Section 11-74.4-7) may be extended by municipal ordinance to

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1		December 31, 2013. The termination procedures of subsection (b)
2		of Section 11-74.4-8 are not required for these redevelopment
3		project areas in 2009 but are required in 2013. The extension
4		allowed by Public Act 87-1272 shall not apply to real property
5		tax increment allocation financing under Section 11-74.4-8.
6		(e) Those dates, for purposes of real property tax
7		increment allocation financing pursuant to Section 11-74.4-8
8		only, shall be not more than 35 years for redevelopment project
9		areas that were adopted on or after December 16, 1986 and for
10		which at least $8 million worth of municipal bonds were
11		authorized on or after December 19, 1989 but before January 1,
12		1990; provided that the municipality elects to extend the life
13		of the redevelopment project area to 35 years by the adoption
14		of an ordinance after at least 14 but not more than 30 days'
15		written notice to the taxing bodies, that would otherwise
16		constitute the joint review board for the redevelopment project
17		area, before the adoption of the ordinance.
18		(f) Those dates, for purposes of real property tax
19		increment allocation financing pursuant to Section 11-74.4-8
20		only, shall be not more than 35 years for redevelopment project
21		areas that were established on or after December 1, 1981 but
22		before January 1, 1982 and for which at least $1,500,000 worth
23		of tax increment revenue bonds were authorized on or after
24		September 30, 1990 but before July 1, 1991; provided that the
25		municipality elects to extend the life of the redevelopment
26		project area to 35 years by the adoption of an ordinance after

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1		at least 14 but not more than 30 days' written notice to the
2		taxing bodies, that would otherwise constitute the joint review
3		board for the redevelopment project area, before the adoption
4		of the ordinance.
5		(g) In consolidating the material relating to completion
6		dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
7		it is not the intent of the General Assembly to make any
8		substantive change in the law, except for the extension of the
9		completion dates for the City of Aurora, the Village of Milan,
10		the City of West Frankfort, the Village of Libertyville, and
11		the 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,
14		eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11;
15		97-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff.
16		7-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff.
17		8-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889,
18		eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14;
19		98-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff.
20		1-9-15; 98-1159, eff. 1-9-15; revised 2-2-15.)
21		Section 185. The Fire Protection District Act is amended by
22		changing 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

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1		hereunder is coterminous with or includes within its corporate
2		limits in whole or in part any city, village or incorporated
3		town authorized to provide protection from fire and to regulate
4		the prevention and control of fire within such city, village or
5		incorporated town and to levy taxes for any such purposes, then
6		such city, village or incorporated town shall not exercise any
7		such powers as necessarily conflict with the powers to be
8		exercised by such district in respect to such fire protection
9		and regulation within the fire protection district from and
10		after the date that it receives written notice from the State
11		Fire Marshal to cease or refrain from the operation of any fire
12		protection facilities and th